​Effective January 1, 2024, intrastate motor carriers and drivers are required to use an electronic logging device (ELD) to record a driver’s record of duty status (RODS).

Background 

Since December 18, 2017, Federal Motor Carrier Safety Regulations have required interstate motor carriers and drivers to use an ELD to record a driver’s RODS in accordance with Title 49 of the Code of Federal Regulations (CFR), Part 395, Subpart B, unless otherwise exempted.  Since then, the California Highway Patrol (CHP) has worked to align state regulations with federal ELD regulations and has engaged with a variety of interested parties, including motor carriers, commercial motor vehicle drivers, media, and public interest groups.  The CHP received significant input during three separate public comment periods and conducted numerous presentations, which included the 2019, 2021, and 2023 Commercial Vehicle Safety Summits, to advise the affected industry of the upcoming changes.      

​Key Provisions

• Intrastate Motor Carriers and Drivers Required to Use an ELD.  All motor carriers and drivers, including those operating in intrastate commerce, are required to use an ELD to record a driver’s RODS, pursuant to Title 13 of the California Code of Regulations (CCR), Section 1213(a)(1), unless otherwise exempted.
  

• Carriers and Drivers are Subject to Enforcement Action Beginning January 1, 2024.  Amendments to Title 13, CCR sections related to ELD requirements are effective January 1, 2024.  There is no “grace period” or “soft start” provision.  Enforcement personnel may enforce the provisions of the newly codified sections immediately upon the effective date.

• Adoption of Federal ELD Regulations.  Pursuant to Title 13, CCR, Section 1213.3, both interstate and intrastate motor carriers and drivers must comply with the federal ELD regulations adopted under Title 49, CFR, Part 395, Subpart B, as those regulations now exist or are hereafter amended.
  

• Intrastate Drivers Using ELDs are Not restricted to Federal Hours-of-Service (HOS).  Intrastate drivers who comply with either California or federal HOS requirements, contained in Title 13, CCR, Sections 1212 and 1212.5, would be in compliance when using an ELD for RODS.
  

• Exemption to the ELD Requirement.  Pursuant to Title 13, CCR, Section 1213(a)(3), drivers meeting any one of the following conditions are not required to use an ELD:

• Driver is operating a commercial motor vehicle in a manner requiring completion of RODS no more than eight (8) days within any 30-day period. 

• Driver is in driveaway-towaway operation (transporting empty vehicles for sale, lease, or repair), provided the vehicle driven is part of the shipment being delivered. 

• The vehicle being driven was manufactured before model year 2000, as reflected in the vehicle identification number and as shown on the vehicle’s registration. 

• 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 Title 49, CFR, Part 395, which specifically exempts the use of an ELD.

•  Drivers Still Required to Keep RODS.  Motor carriers and drivers are still required to keep RODS, even when the use of an ELD is not required, unless an exception is met.

• Documentation of RODS When an ELD is Not Required.  When use of an ELD is not required pursuant to Title 13, CCR, Section 1213(a)(3), a driver’s RODS may be manually recorded using a paper logbook or using and automatic on-board recording device or electronic software.
  

• Exemptions to the RODS Requirement.  Pursuant to Title 13, CCR, Section 1213(b), drivers of the following vehicles are not required to maintain RODS, provided documentation of their total days worked and time of reporting on and off duty each day is maintained by the motor carrier for six months:

• Vehicles owned and operated by any forestry or fire department. 

• Vehicles owned and operated by local law enforcement agencies, engaged in transportation of inmates or prisoners. 

• Vehicles designated as authorized emergency vehicles. 

• Vehicles operated by a driver who is operating pursuant to Title 13, CCR, Section 1212(e).

• The 100 Air-Mile (Local) Driver Radius Exemption for RODS is Not Changing.  The ELD RODS requirement does not alter the 100 air-mile (local) driver radius exemption for intrastate drivers contained in Title 13, CCR, Section 1212(e).  Drivers may utilize the 150 air-mile radius ELD exemption for “short-haul operations” contained in Title 49, CFR, Section 395.1(e), but are still required to keep RODS pursuant to Title 13, CCR, Section 1213(a)(2) when they do not meet exemptions contained in Title 13, CCR, Section 1212(e).
  

• Intrastate Drivers Shall be Required to Use an ELD for RODS When They do Not Comply with the “Short-Haul Operations” Exemption Contained in Title 49, CFR, Section 395.1(e).  Additionally, intrastate drivers shall continue to keep RODS, when an ELD is not required, pursuant to Title 13, CCR, Section 1213(a)(2), unless they comply with the exemption contained in Title 13, CCR, Section 1212(e).
  

Once published, the applicable regulations are accessible by visiting the official CCR website at:  https://govt.westlaw.com/calregs.  Additional information is available on the CHP’s Regulatory Actions webpage at:  www.chp.ca.gov/News-Alerts/Regulatory-Actions.  Questions regarding the ELD regulations may be directed to the CHP, Commercial Vehicle Section, at (916) 843-3400.