In recent weeks several Intrastate customers have had questions regarding ELD and when they are required. After, researching this in the Texas Administrative code, this is the current situation and it should be the guidance until further notice.
REF: TEXAS ADMINSISTRATIVE CODE
(7) Unless otherwise exempted, until December 16, 2019, a motor carrier operating commercial motor vehicles intrastate shall require each of its drivers to record the driver's record of duty status:
(A) Using an ELD that meets the requirements of subpart B of Title 49, Code of Federal Regulations, Part 395;
(B) Using an automatic on-board recording device that meets the requirements of Title 49, Code of Federal Regulations, §395.15; or
(C) Manually, recorded as specified in Title 49, Code of Federal Regulations, §395.8. The record of duty status must be recorded in duplicate for each 24-hour period for which recording is required.
(8) Unless otherwise exempted, a motor carrier operating commercial motor vehicles intrastate must install and require each of its drivers to use an ELD to record the driver's duty status in accordance with Title 49, Code of Federal Regulations, Part 395 no later than December 16, 2019.
Hours of service
Texas has adopted Part 395 of the Federal Regulations with a few exceptions for intrastate drivers.
Part 395 applies to a vehicle or combination of vehicles with an actual gross weight, a registered gross weight, or a gross weight rating in excess of 26,000 pounds when operating intrastate, and a vehicle of any size hauling hazardous materials requiring placarding.
Exception — Under the Department of Public Safety adoption, a driver will be allowed to drive 12 hours after having 8 consecutive hours off. Drivers may not drive after having been on duty 15 hours, following 8 consecutive hours off duty. Drivers will not be permitted to drive after being on duty 70 hours in 7 consecutive days. A driver may restart a 7 consecutive day period after taking 34 or more consecutive hours off duty.
Exception — The maintenance of a driver’s record of duty status is not required if the vehicle is operated within a 150 air-mile radius of the driver’s normal work reporting location if the driver returns to the normal work reporting location and is released from work within 12 consecutive hours (14 consecutive hours for the driver of a ready-mix concrete delivery vehicle) and has at least 8 consecutive hours off duty separating each 12 hours on duty (14 hours on duty for the driver of a ready-mix concrete delivery vehicle). The motor carrier that employs the driver must maintain for a period of 6 months true and accurate time and business records which include the following information:
•The time the driver reports for duty each day; •The total number of hours the driver is on duty each day; •The time the driver is released from duty each day; and •The total time on duty for the preceding 7 days for drivers used for the first time or intermittently.
The motor carrier must also maintain for a period of 6 months business records that provide the date, time,
quantity, and location of the delivery of a product or service, including delivery tickets or sales invoices.
Exception — The hours-of-service regulations are not applicable to utility service vehicles that operate in interstate or intrastate commerce in Texas. Utility service vehicles are those vehicles operated by public utilities as defined in the Public Utility Regulatory Act, the Gas Utility Regulatory Act, the Texas Water Code, Sec. 395.2 of the Federal Motor Carrier Safety Regulations, or other applicable regulations, and charged with the responsibility for maintaining essential services to the public to protect health and safety.
Exception — The Part 395 requirements shall not apply to drivers transporting agricultural commodities in intrastate commerce for agricultural purposes within a 150-air-mile radius from the source of the commodities or distribution point for the farm supplies when such transportation occurs during planting and harvesting seasons. Texas’ planting and harvesting season is January 1 through December 31 of each year.
Electronic logging device (ELD)
As of December 16, 2019, intrastate motor carriers and drivers must use electronic logging devices (ELDs) that meet the requirements in Part 395. Until December 16, 2019, intrastate motor carriers in Texas may use:
•An ELD that meets the requirements in Part 395, Subpart B; •An automatic on-board recording device that meets the requirements in Section 395.15; or •A record of duty status that meets the requirements in Section 395.8.