Crossing state lines 100 mile exemption

Otter,
Does this help explain your California concerns?

California Code of Regulations
Title 13

1212.5. Maximum Driving and On-Duty Time.

(b) Interstate driver. Motor carriers and drivers engaged in interstate commerce and the driver of a vehicle transporting hazardous substances or hazardous waste, as those terms are defined in Section 171.8 of Title 49, Code of Federal Regulations, shall comply with the federal driver hours-of-service regulations contained in Title 49, Code of Federal Regulations, Part 395, as those regulations now exist or are hereafter amended.

 

This may also help.

California Code of Regulations
Title 13

1212. Driver Hours of Service.

(e) 100 air-mile radius driver. A driver is exempt from the requirements of Section 1213 if:

(1) The driver operates within a 100 air-mile radius of the normal work reporting location;

(2) The driver, except a driver salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;

(3) The driver of a school bus, school pupil activity bus, youth bus, or farm labor vehicle returns to the work reporting location and is released from work before the end of the 16th hour after coming on duty;

(4) At least eight consecutive hours off duty for bus drivers and ten consecutive hours off duty for truck drivers, separate each 12 hours on duty; and

(5) The motor carrier that employs the driver maintains and retains for a period of six months accurate and true time records showing:

(A) The time the driver reports for duty each day;

(B) The total number of hours the driver is on duty each day;

(C) The time the driver is released from duty each day; and

(D) The total time for the preceding seven days in accordance with Section 1213(k)(2) for drivers used for the first time or intermittently.

The bottom line is that the 100 air-mile exemption exists in both the Federal and the California regulations. So drivers engaged in either interstate or California intrastate commerce are entitled to the exemption when they meet each of the listed requirements.

 

All of that is easy to find...I am talking about the specific rules when a driver can or can't be covered under the "local-non-log" CA rules. A driver running local must have a regular reporting base of operation (terminal) reporting to each day. However a driver who runs a log...not being on a "time clock"... intermittently, has certain requirements when a log can change to regular "local" configuration. Which is where I got nailed. I has something to do with what is now considered the 34 restart, and back then I think it was 48 hours off from the log requirement.

When I was hauling gas/fuel, we would start each day in Sac, during the summer we could deliver to Mammoth Lakes by staying in CA using Monitor Pass (89), and remain on our hourly/non-log status. (Company had an exemption permit since we were HazMat)...however in the winter with 89 closed, we had to run through NV, and we had to have the log since now we were INTERSTATE, otherwise it was INTRASTATE. To return to the non-log, we had to have 48 off, otherwise, we continued logging (even local) until we did our 48 off.

got to love CA!

 

Right on !!! Fairly simple really.

 

I have to admit to being a little confused..can't quite put my finger on which requirements you're referring to. I'll try one more time and hopefully you can enlighten me by letting me know which regulation you were said to have violated.

1. You run 50 to 89 to 395 when weather permits and that is an intrastate trip.
2. In the winter you avoid 89 and have to cross into Nevada to catch 395 and that is an interstate trip.
3. The 100 air-mile exemption applies to either trip provided that each of the other requirements are met.
4. One of the requirements (in both the federal and California regulations) is that you return to your normal work reporting location and be relieved of duty within 12 hours.

The 34 hour restart created some confusion in California when it was first placed into Title 49. The reason for this was that it took California more than a year to write the restart provision into Title 13 (it therefore was not available to California intrastate drivers). For this reason your company may have required you to complete a logbook and/or to take 48 hours off to avoid an hours of service violation when changing back and forth from interstate to intrastate operation. This situation has long since been resolved and in any case had no bearing on whether or not a driver was entitled to use the 100 air-mile exemption.

 

Cali is allowed to adopt stricter requirements. That is their rule. Everywhere else 100 air miles [114.6 miles] exemption is just that an exemption from drawing and carrying a log.

OP was worried about crossing from NY to VT. It is OK to do so.

Every driver working the 100 air miles needs to remember the answer to 'let me see your logbook' is I'm an exempt driver, I don't need a log book.

You do not need the 'prior 7 days' logs, nuthin'...

You, or your company has to maintain some kind of time record and is still responsible to insure compliance with hours of service, etc.

You need to start from and return to your 'normal work reporting location' within 12 consecutive hours. and you still need 10 hours off before starting your next 'shift'.

Anytime you become aware that you will be out over 12 consecutive hours you are supposed to start using a grid log 'drawn from memory'...if you have a log book tucked away somewhere.

So stick a pin in the map& measure a string 115 scale miles and draw a circle around it. I'm in central NJ and my guys reach just into DE and PA to the SE corner of CT and are never questioned about not having a log.

When I was audited I had 9 locations w/ 75% of the trucks working local under the exemption. The auditor said she did not want to see any exempt drivers and wanted to see the logs for about 20% of the non-exempt guys. Done correctly it should keep alot of local guys off the DOT radar.

 

Concise, precise and appreciated!

 

Out of NV we ran to AZ everyday and never used a log. If CA requires a log then that's CA deal.

 

As do I, no log required by NY, Vt MA or NH as long as you are within 100 air miles. There are a couple NY dot guys that like to give you the breeze but no one I know ever got wrote up.