Currently, intrastate truckers in California operating under the federal 150-mile air radius exemption get a free pass from the ELD mandate. But, the California Highway Patrol wants to change that.
In an “initial statement of reason” submitted by the CHP to the California Office of Administrative Law, the agency claims “the use of ELDs will enhance commercial vehicle safety by improving compliance with the applicable (hours of service) rules, and reducing the overall paperwork burden for both motor carriers and drivers.”
The proposed regulatory language mirrors the federal language for the most part. The proposal would retain the three exemptions from ELD use:
- The driver is operating a commercial motor vehicle in a manner requiring completion of a (record-of-duty status) on not more than eight days within any 30-day period.
- The driver is in a driveaway-towaway operation, as defined in Section 303 of the Vehicle Code, in which the vehicle being driven is part of the shipment being delivered.
- The vehicle being driven was manufactured before model year 2000, as reflected in the vehicle identification number and as shown on the vehicle’s registration.
The proposed California ELD mandate does not include exemptions for concrete companies, agriculture operations, etc., similar to the federal ELD mandate, which are currently being reviewed for possible revisions.
The only operation-related exemptions:
- Vehicles owned and operated by any forestry or fire department of any public agency or fire department organized as provided in the state health and safety code.
- Vehicles owned and operated by local law enforcement agencies that are engaged in the transportation of inmates or prisoners within the county where the agency is located.
- The vehicle is an authorized emergency vehicle as defined by Section 165 of the Vehicle Code.
- A vehicle being operated by a driver who is operating pursuant to Subsection 1212(e), which is drivers operating with a 100-mile air radius of the location they normally report to work. That is also 50 miles less than the federal exemption of 150-mile air radius operations.
The proposal is open for public comment. Interested truckers can weigh in by calling 916-843-3400 or faxing 916-322-3154. LL