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  #21  
Old 12-28-2006, 01:14 AM
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With CDL, just make sure you don't go over the working hours, and you
have to carry a DOT physical card when you cross state line.
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  #22  
Old 12-28-2006, 01:23 AM
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I reread this post a number of times and I don't think Papa Rick got a complete answer, thou Dawn was very close.
If you have a CDL-A or B license you do not have to log as long as you stay within 100 air miles and you are driving a group A or B vehicle (383.91)
This is, of course if you are operating within this distance of your normal reporting station.
You return to the work reporting and be released from duty within 12 consecutive hours.
You must also maintain your time records.
You are not covered by the non CDL 150 air mile provision

If you have a CDL-A or B or a non CDL license you do not have to log as long as you stay within 150 air miles provided that you are driving a group c vehicle. (under 26,001) This rule applies to property carrying commercial vehicles. I'm not sure if logging falls under this category.

Yoopr, I might add that crossing state lines does not change the rules. Our terminal is about 15 miles from the WI line, 70 from IN line. We always cross these state lines and as long as we are within the radius we only need to keep a time record, no logs.
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  #23  
Old 12-28-2006, 03:11 AM
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Yoopr, I might add that crossing state lines does not change the rules. Our terminal is about 15 miles from the WI line, 70 from IN line. We always cross these state lines and as long as we are within the radius we only need to keep a time record, no logs.

Wrong-Log trucks up here have to carry a log when crossing Wi state line while carrying Logs.

This was a Logging thread case you forgot.
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  #24  
Old 12-28-2006, 11:56 AM
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This rule applies to property carrying commercial vehicles. I'm not sure if logging falls under this category.

I did read the post.
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  #25  
Old 12-28-2006, 01:11 PM
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Quote:
Originally Posted by yoopr
Yoopr, I might add that crossing state lines does not change the rules. Our terminal is about 15 miles from the WI line, 70 from IN line. We always cross these state lines and as long as we are within the radius we only need to keep a time record, no logs.

Wrong-Log trucks up here have to carry a log when crossing Wi state line while carrying Logs.

This was a Logging thread case you forgot.
A few rules about what is and what is not interstate:
Quote:
Question 6: How does one distinguish between intra- and interstate commerce for the purposes of applicability of the FMCSRs?

Guidance: Interstate commerce is determined by the essential character of the movement, manifested by the shipper's fixed and persistent intent at the time of shipment, and is ascertained from all of the facts and circumstances surrounding the transportation. When the intent of the transportation being performed is interstate in nature, even when the route is within the boundaries of a single State, the driver and CMV are subject to the FMCSRs.

Question 13: A motor carrier dispatches an empty CMV from State A into adjoining State B in order to transport cargo or passengers between two points in State B, and then to return empty to State A. Does the transportation of cargo or passengers within State B constitute interstate commerce?

Guidance: Yes. The courts and the ICC developed a test that clarifies the legal status of intrastate portions of interstate trips. The character of the intrastate leg depends on the shipper's fixed and persistent intent when the transportation began. The fixed and persistent intent in this case was to move property--the vehicle itself--across State lines and between two points in State B where it was used to haul cargo or passengers. The transportation within State B, therefore, constitutes interstate commerce. In some cases the motor carrier may be the shipper.

1. Any driver who begins a trip in interstate commerce must continue to meet the requirements of 49 CFR 395.3(a) and (b) through the end of the next 7 to 8 consecutive days, depending on which rule the motor carrier operates under.

The driver must continue to comply with the requirements of 49 CFR Part 395, even if he/she operates exclusively in intrastate commerce for the remainder of the 60/70 hour period (i.e. 7-8 day schedule) at the end of the interstate trip. The driver must also continue to comply with the 10- and 15-hour rules as well as the 60- or 70-hour rules for the remainder of that day, and the following 7 days (if the 60-hour rule was applicable) or 8 days (if the 70-hour rule was applicable).

A driver who begins a trip in interstate commerce in a CMV must have in his/her possession a copy of records of duty status for the previous 7 consecutive days, as required by 49 CFR 395.8(k)(2) unless they meet 49 CFR 395.1(e), even if the driver operated only in intrastate commerce during that 7-day period. During the 7-day period prior to the interstate trip the driver may follow the state regulations applicable to intrastate commerce with regard to the states’ CMV driving and on-duty requirements.

2. FMCSA investigators should cite drivers for violations of the 10- or 15-hour rules or the 60- or 70-hour rules that are committed while on the interstate trip or during the 7 or 8 days after completing the interstate trip (depending on which rule the motor carrier operates under).

The driver remains subject to Part 395 for 7 or 8 days after a trip in interstate commerce even if he/she drives only in intrastate commerce for that period. Violations of the policies stated here which are discovered during compliance reviews should be treated like any other violations of the FMCSRs in determining the motor carrier’s safety rating and enforcement action may be taken.

3. The MCSAP Tolerance Guidelines in Appendix C to 49 C.F.R. Part 350 are unchanged. This policy statement simply clarifies the difference between Paragraphs 2 and 3 of the Guidelines, i.e., between the type of trips subject to Federal jurisdiction, as opposed to those subject only to State jurisdiction.

http://www.fmcsa.dot.gov/rules-regul...nterp390.3.htm
=====================
Quote:

Question 6: Is transporting an empty CMV across State lines for purposes of repair and maintenance considered interstate commerce?

Guidance: Yes. The FMCSRs are applicable to drivers and CMVs in interstate commerce which transport property. The property in this situation is the empty CMV.

http://www.fmcsa.dot.gov/rules-regul...nterp390.5.htm
In a nutshell anytime you cross a state line you fall under interstate rules.


kc0iv
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  #26  
Old 12-29-2006, 01:03 AM
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Back to the original question. The driver has a CDL-A license, drives a group A truck and travels 120 miles one direction. By law he needs to log because he is outside the 100 mile radius. The one part I am not sure about is if logging is exempt of this rule.
My only other suggestion is to call your area DOT Safety Reg. office and have them clarify it for you.
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  #27  
Old 12-29-2006, 01:35 AM
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Thanks everyone, I will call my area Dot Office and get a better understanding about this.

The reason that I asked this question is:

1. I have talked with a few Log drivers and all of them do not use a log book, but a date/mileage sheet. When I questioned them about this, they all told me that if they travel less than 150 miles they are exempt from the log books, due to being a log hauler????? Never heard of this before, but then again I never hauled logs either for a living.

2. The reason I would like to use the date/mileage sheet if in fact it is legal is because you do not have to watch your time near as close, and on your fuel receipts don't have a time on the mileage sheet, as they do with the log books.
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  #28  
Old 12-29-2006, 01:59 AM
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1. I have talked with a few Log drivers and all of them do not use a log book, but a date/mileage sheet. When I questioned them about this, they all told me that if they travel less than 150 miles they are exempt from the log books, due to being a log hauler????? Never heard of this before, but then again I never hauled logs either for a living

They told you right but remember that even though you though you have your CDL and under Rules and Regs you're gonna be more involved with the State of Alabama's rules and Regs more.
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  #29  
Old 12-29-2006, 02:49 AM
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Quote:
§395.1 Scope of rules in this part.

(e) Short-haul operations.


(e)(1) 100 air-mile radius driver. A driver is exempt from the requirements of §395.8 if:

(e)(1)(i) The driver operates within a 100 air-mile radius of the normal work reporting location;

(e)(1)(ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;

(e)(1)(iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;

(e)(1)(iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; and

(e)(1)(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:

(e)(1)(v)(A) The time the driver reports for duty each day;

(e)(1)(v)(B) The total number of hours the driver is on duty each day;

(e)(1)(v)(C) The time the driver is released from duty each day; and

(e)(1)(v)(D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.
If the driver meets all of the above requirements the driver does not require a log book, if ANY ONE condition is not met a log is required for that day.

Be safe.
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  #30  
Old 12-29-2006, 03:27 AM
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why all the repeating on this?

Plus Myth you really don't understand log hauling which is evident.
Guess you never heard of Log Trucks having Farm Plate exemptions.
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