California Code of Regulations › Title 13 - Motor Vehicles › Division 2 - Department of the California Highway Patrol › Chapter 6.5 - Motor Carrier Safety › Article 3 - General Driving Requirements › Section 1213 - Driver's Record of Duty Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Responsibilities. Except as provided in subsection (b), every motor carrier, as
				  defined in Section
				  1201 of this chapter, shall be
				  required to maintain a record-of-duty status (RODS) for each 24-hour period
				  using the methods prescribed in either paragraphs (a)(1) or (a)(2) of this
				  section. The RODS shall be presented for inspection immediately upon request by
				  any authorized employee of the department, or any regularly employed and
				  salaried police officer or deputy sheriff.
(1)
				  Effective January 1, 2024, a motor carrier operating commercial motor vehicles
				  shall install and shall require each driver to use an Electronic Logging Device
				  (ELD) to record the driver's RODS. Use of an ELD shall meet the requirements of
				  Section 1213.3. Other requirements of
				  Section 1213 shall not apply to an ELD,
				  except subsections (a), (f), (k) and (
l
).
(2) When the use of an ELD is not required
				  pursuant to the conditions of paragraph (a)(3), a driver's RODS may be
				  documented as prescribed in subparagraphs (a)(2)(A) or (a)(2)(B). Nothing in
				  this paragraph is intended to exempt motor carriers or drivers subject to this
				  chapter from maintaining RODS in the event an ELD is not required.
(A) Every driver manually recording their
				  RODS using a paper logbook shall record their RODS, in duplicate, for each
				  24-hour period. The RODS time shall be recorded on a specified grid, as shown
				  in subsection (h) of this section. The grid and the requirements of subsection
				  (e) of this section may be combined with any company forms.
(B) Every driver recording their RODS using
				  an automatic on-board recording device or electronic logging software meeting
				  the requirements of Section
				  1213.2 or Section
				  1213.3. Other requirements of
				  Section 1213 shall not apply, except
				  subsections (a), (f), (k) and (
l
).
(3) ELD not required. Drivers meeting any one
				  of the following conditions shall record their RODS in accordance with the
				  provisions of paragraph (a)(2).
(A) The
				  driver is operating a commercial motor vehicle in a manner requiring completion
				  of a RODS on not more than 8 days within any 30-day period.
(B) 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.
(C) The vehicle being
				  driven was manufactured before model year 2000, as reflected in the vehicle
				  identification number (VIN) and as shown on the vehicle's
				  registration.
(D) The motor
				  carrier, driver, or vehicle is subject to federal regulatory guidance, a
				  waiver, or an exemption issued by the Federal Motor Carrier Safety
				  Administration pursuant to Part 395, Title 49, Code of Federal Regulations
				  (CFR), which specifically exempts the use of an ELD.
(4) Notwithstanding Title 49, CFR, Section
				  395.20(a),
				  intrastate drivers, as defined by Section
				  1201 of this chapter, shall comply
				  with hours-of-service regulations pursuant to Section
				  1212 and
				  1212.5, of this
				  chapter.