HOS Confusion with local work?

First of all, I was not making an argument with that. I freely stated I don't know. So I guess my next question is can someone driving intrastate in California drive over 80 hours a week and over 16 hours a day?

Also since you seem to be in a picking mood I will do you a favor and cease all arguments and leave the site!

 

Under CA law these runs are explicitly INTRASTATE. I pick up at LAX or SD and deliver to Mojave or China Lake. I have no control over where the load "originated" from.

 

Sorry, you are incorrect. Origin is very important and California can not exclude themselves from Federal regulation no matter how much they wish to. The definition in 49 CFR 390.5 clearly states that origin matters
eCFR — Code of Federal Regulations

Interstate commerce means trade, traffic, or transportation in the United States—

(1) Between a place in a State and a place outside of such State (including a place outside of the United States);

(2) Between two places in a State through another State or a place outside of the United States; or

(3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.

Further, the FMCSA addresses this in their guidance for interstate commerce as found here
Regulations Section
Question 6: How does one distinguish between intra- and interstate commerce for the purposes of applicability of the FMCSRs?

Guidance: Interstate commerce is determined by the essential character of the movement, manifested by the shipper’s fixed and persistent intent at the time of shipment, and is ascertained from all of the facts and circumstances surrounding the transportation. When the intent of the transportation being performed is interstate in nature, even when the route is within the boundaries of a single State, the driver and CMV are subject to the FMCSRs.

 

I can't speak for a CDL driver in this case. But as a non-CDL driver, I can legally work 96 hour, 7 days a week using the method that CA has in place now (see my previous posts).My company is good about that if I do a 14/16 day they get me off the road after 8/10 the next day, usually before.

 

you perform trade, traffic, or transportation exclusively in your business’s domicile state, this is considered intrastate commerce.

Regulations Section

Top of the page...

 

Then explain my 14/16 or my 11/12....

 

Well, Interstate involves all modes of transportation. That container of cheap chinese shirts is in fact interstate if you picked it off the ship in Long Beach and drove it to say... City of Industry. You are probably intrastate through the employer that told you to go get that box of shirts.

I would be the last one to get involved in heavy lifting on Interstate intrastate. I prefer it boiled down and simple.

What I do remember is working way beyond a 70 hour week in local work intra or in some cases interstate and within the exemptions in some cases got away with it. That's probably why I didnt care most of my life if i had a 16 hour or a 20 hour plus work day. In reality It would be almost a week before I get a proper sleep. Say 5 days and four nights is routine with a history of up to 9 days constant rolling 24/7 without sleep sometimes. Yes it's a flagarant violation of logs in those days any way you write it.

The employers were pretty bad about that then I see no reason why they will ease up and give you a 7 hour work day like everyone else working 9 to 5.

 

They can for true intrastate transportation, what they can't exclude themselves from is the Interstate Commerce Clause or other superseding Federal laws or regulations.

What you are describing with loads that originate out of country are Federally regulated interstate commerce no other way about it.

 

If you're dealing with any kind of HazMat the federal laws apply.

 

You can work over 80 hours in 8 days if you're hauling exempt agricultural products from point of harvest to first point of manufacture. Like say, tomatoes from the field to the cannery. Once the products have been run through any kind of manufacturing process they're no longer considered exempt.
Logging is that way. The logs from the woods to the mill are considered agricultural hauling and are therefore exempt.. The lumber processed from the logs is considered a manufactured product and is not exempt.