Professional interstate drivers have been required for the past several years to use ELDs to keep track of their hours of service. Since the implementation of the mandate, many states have also adopted ELD use for intrastate drivers. California is next, adopting ELD use for drivers at the turn of the year. The California Highway Patrol (CHP) has issued a final rule requiring ELD use by intrastate drivers on and after January 1, 2024. The rule requires the use of devices that meet the requirements in Part 395, Subpart B of the Federal Motor Carrier Safety Regulations (FMCSRs) by drivers who currently use paper records of duty status to record their hours of service in the state of California.
Since this ruling specifically affects California’s intrastate drivers, it is essential for fleets to understand the Federal Motor Carrier Safety Administration’s definition of “intrastate.” The big deal for fleets is understanding the differences when it comes to interstate and intrastate commerce. If a motor carrier doesn’t correctly identify its operation, the carrier and its drivers may be in violation of the rules, which can lead to fines and penalties.
Intrastate commerce does not necessarily mean that drivers and vehicles remain exclusively within a state. Travel does not include crossing state lines, travel over the border into and/or from Canada or Mexico, or transporting cargo or passengers originating in or destined for another state or country. Intrastate means that if the origin and destination of the freight begins and ends within the state it is intrastate freight. A good rule of thumb is if the freight is going to or from an airport, an ocean port, or a railroad yard, it is probably going to be considered interstate freight.
For California fleets subject to the new ELD requirements, training should also be top of mind. The new rule requires that drivers be trained in the proper operation of ELDs. These training requirements – coupled with installation time and the learning curve typically associated with new technologies – make it crucial for carriers to start the compliance process early. If you haven’t started the process to comply with the California ELD mandate, you need to start today. Fleets shopping for ELD providers should ensure the ELD is on the FMCSA’s list of registered ELDs before buying devices in order to avoid unexpected compliance issues.
NorthAmerican Transportation Association (NTA) is the ONLY transportation association in the United States that offers to its members a FMCSA approved ELD at the below market price of just $13.00 per month. GPS and IFTA tracking are an additional $6.00 per month each. The reason for the low cost is simple – the NTA wants to give back to its members, so they are subsidizing the balance. While getting a new tool up and running can often be frustrating, ELDs provide a wealth of benefits. Fleets that use ELDs can leverage data to be competitive in challenging economic times. ELDs help improve driver productivity and trip planning, eliminate fuel waste, and run a safer operation.
ELD use is a best practice for any driver as it provides a framework for reducing fatigue and mitigating risk. ELDs support a company’s commitment to stated policies and procedures to prevent fatigued driving. As the new year begins, interstate and intrastate carriers alike would be wise to take a moment to review all safety requirements, ensuring understanding and compliance across the board. This process should include making sure all drivers are trained in safety regulations, as well. For more details about the NTA and its ELD programs, call (800) 805-0040 or visit our website at www.ntassoc.com.
Now, let’s move on to Systematic Preventive Maintenance Programs. Regulation 49 CFR 396.3(a) has been a long-standing problem for some in our industry and its enforcement – it states that carriers must have a program to “systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.” However, it is subjective, and there is no supporting definition of the word “systematic” making it challenging for both government personnel to assess compliance and carriers to comply correctly with the regulation’s intent.
What FMCSA wants to see is that you have a maintenance calendar, with regularly scheduled dates, for maintenance for all your vehicles. They also want to see the documentation of your maintenance records to see just how close to the calendar schedule you actually met. I would suggest that you set up a schedule of say the second or third week of every month or every other month, and then pick a day. I would pick a Wednesday, because if you can’t make it on time, you have a day on either side, basically giving you a 72-hour window. You can work out any schedule that fits your operation, but give yourself some leeway, because you cannot predict the future or guarantee you are going to get that vehicle in your shop or dealer every time and on time.
Some specific areas of maintenance that should be given attention to avoid violations would include oil or grease leaks (to include wheel hubs and seals), brakes (wear and adjustments), tires, lights not working or required lights not present, fire extinguisher, reflective devices, turn signals, windshield wipers, brake hoses and tubing, and warning devices. Focusing your maintenance program on these areas and others, and keeping to your schedule as much as possible, will help you to avoid penalties and/or violations. Again, if you have any questions or concerns, call NTA at (800) 805-0040 or visit our website at www.ntassoc.com today. Here’s wishing you a happy, safe, and prosperous 2024!
