Do I need to keep a logbook?

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by ROYG, Dec 19, 2023.

  1. MACK E-6

    MACK E-6 Moderator Staff Member

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    Like @NightWind mentioned, people working under the local rules are log exempt. Basically what that means is beginning and ending your days at the same location and staying within 150 air miles of that location.
     
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  3. Accidental Trucker

    Accidental Trucker Road Train Member

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    I should have said “are subject to HOS regulations”, instead of “need a logbook”, but the OP specifically asked about logbooks.
     
  4. ROYG

    ROYG Bobtail Member

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    I studied the Guide that NightWind linked in his post to understand its meaning for my situation.

    The first concerns of the Guide are that there are FMCSA hours-of-service (HOS) regulations that you must follow if you drive a Commercial Motor Vehicle (CMV). Per the FMCSA HOS regulations a CMV is defined in Section 390.5 of the FMCSA regulations as a vehicle that is involved in commerce AND weighs over 10,000 # or has GVWR over 10,000 #.

    The Guide defines many terms for the HOS regulations and lists many exceptions to these requirements. The guide mentions driveaway-towaway operations in which the vehicle being driven is part of the shipment being delivered, as I'm doing.

    And:

    The guide explains: Any person who is subject to the HOS regulations driving a commercial motor vehicle as defined in Section 390.5 of the Federal regulations must properly complete a logbook for any day that includes commercial motor vehicle driving.

    I surmised: A single vehicle under 26,000 # does not require a CDL (in Ohio) but if it's over 10,000 #, and is driven in commerce, and none of the exceptions apply, then a logbook is required, even though a CDL may not be required. A CDL is required if you drive a CDL vehicle. A logbook is required if you are subject to the HOS regulations. A logbook is NOT required just because you drive with a CDL, it is only required if a vehicle is driven subject to the HOS regulations.

    The vehicles I drive for work are all under 10,000 #, therefore I am not subject to the HOS regulations, no matter what, and I don't need to keep a logbook, EVEN THOUGH I drive with a CDL.

    It seems that a driver without a CDL, or is not required to have a CDL, that drives a vehicle over 10,000 # in commerce, with no exception available to them, must keep a logbook.

    The replies above each have some correct info in them, and some parts of the replies are mistaken.

    So, my company is wrong in saying I need to keep a logbook or give up my CDL. And the company should realize that logbooks are required for drivers that drive vehicles over 10,000 # even if they don't have a CDL (the company calls them DOT drivers, which I guess is a thing). Now I have to go tell the boss.

    The Guide is from 2016. I can find later revisions of some details but nothing that changes its meaning for my case.

    Am I understanding correctly?
     
  5. NightWind

    NightWind Road Train Member

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    Please provide a link to the information you are posting so we can read it our selves
     
  6. NightWind

    NightWind Road Train Member

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    Just an FYI Nightwind (me) is a LTD not a he
    Please read below https://www.fmcsa.dot.gov/carrier-s...resources-private-passenger-vehicle-operators
     
    Last edited: Jan 4, 2024
  7. Accidental Trucker

    Accidental Trucker Road Train Member

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    FMCSA regulations do not apply to INTRA state vehicles.
     
  8. ROYG

    ROYG Bobtail Member

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    Not exactly. The Guide describes Interstate Commerce as being based on where THE CARGO travels. If the CARGO (in my case it's the vehicle itself) originates with a shipper in one state and is destined to another state, it is in interstate commerce from the moment it leaves the shipper until it arrives at its destination. If your truck hauls that cargo, EVEN WITHIN A SINGLE STATE, your intrastate transportation is considered to be Interstate Commerce. All HOS rules and exceptions apply.
     
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  9. NightWind

    NightWind Road Train Member

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    WRONG read the regulations
     
  10. ZVar

    ZVar Road Train Member

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    Ok, where in the FMCSA regulations does it state intrastate applies?
    Ok, well you are right in that it's the load that matters, not the vehicle. Thing is, we are answering the ops questionw, which it's very unlikely to be an interstate load.
     
  11. ROYG

    ROYG Bobtail Member

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    I'm sincerely sorry that I misidentified you in my post.
    Thanks very much for the link to the Driver's Guide to HOS regulations.
    I found a 2022 version of the Guide:
    https://www.fmcsa.dot.gov/regulations/hours-service/interstate-truck-drivers-guide-hours-service-0
    I feel confident that the HOS rules and logbook requirements don't apply to the driving I'm doing, no matter what, never over 10,000 #, am I correct?
    As I carry no passengers, the passenger transportation resources you linked in this post also don't concern me is that also correct? I will mention them to my company though, they use passenger vans to transport drivers to job sites.
     
    Last edited: Jan 7, 2024
    Rideandrepair and NightWind Thank this.
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