What types of restrictions does California impose on Commercial Driver’s License (CDL) holders with respect to Hours of Service and Log Book entries?by Attorney Felicia Woods-Yates on 05/11/15
What types of restrictions does California impose on Commercial Driver’s License (CDL) holders with respect to Hours of Service and Log Book entries?
Anytime a CDL holder transacts or is involved in Intrastate Commerce, they must comply with California’s limitations on Hours of Service. What do we mean by Intrastate Commerce? You are deemed involved in this type of commerce, when you do not:
- Cross the California state line with your commercial vehicle.
- Transport any cargo which originated from another state.
- Transport any cargo who’s destination is outside of California.
- Transport any hazardous substance or waste.
Anytime a CDL holder transacts or is involved in Interstate Commerce, they must comply with Federal limitations on Hours of Service. What do we mean by Interstate Commerce? You are deemed involved in this type of commerce, when the cargo you transport:
- Originates outside the state of California.
- It is destined for a location outside California.
- Consists of any hazardous substances or wastes.
- Involves any combination of the above.
Here are the detailed rules regarding commercial service hours…
You may not drive for more than 12 hours following 10 consecutive hours off duty. You may not drive after having been on duty for 16 hours. You may perform work, except for driving, after being on duty for 16 hours.
You may not drive for more than 11 hours following 10 consecutive hours off duty. You may not drive beyond the 14th hour after coming on duty following 10 hours off duty. You may perform work, except for driving, after being on duty for 14 hours.
In addition to the above, the California Highway Patrol is authorized to develop additional safety and driving regulations pursuant to CVC sections 34501 and 34501.2.
A Log Book (a driver’s record of duty status) must record all of the driver’s hours. Drivers of commercial vehicles must be in compliance with the hours of service requirements of the Code of Federal Regulations (CFR), Title 49, §395.8 and the California Code of Regulations (CCR), Title 13, §§1201–1213. A duplicate Log Book must be in the possession of all drivers while driving, on duty but not driving, or resting in a sleeper berth. As mentioned in an earlier Blog, the Log Book must be presented for inspection immediately upon request by any authorized CHP employee, any regularly employed and salaried police officer, or deputy sheriff.
Since everyone's traffic incident is unique to that individual and the specific circumstances, you should consult with a competent defense attorney to determine your best course of action. Felicia Yates has been practicing law for over 30 years in California and can be reached at (760) 326-5297, and found at Law Offices of Felicia Yates & Associates.