logs before, you still do not have to do
logs.
The only exception is recreational
vehicles; they may continue to operate
with paper logs if they wish. Other than
that, there is no change to the hours of
service regulations requiring logging.
Summary of Federal Regulation on who
has to have a CDL.
WILL THE NEW ELD MANDATE
AFFECT DEALERSHIPS?
Written by: Robert Anderson, Renegade
Transport, LLC
In recent weeks, I have learned from
multiple dealers that there seems to be an
unexpected challenge facing many of their
customers.
One challenge is the confusion on the
new mandatory regulation on electronic
logging devices taking the place of paper
logs. It seems that some customers are
rethinking trailer purchases because they
do not want to do electronic logs.
Summarized Federal DOT Rule
on who must do logs.
390.5 Definitions (referring to
who must do logs)
Commercial motor vehicle means any
self-propelled or towed motor vehicle
used on a highway in interstate commerce
to transport passengers or property when
the vehicle—
(1) Has a gross vehicle weight rating or
gross combination weight rating, or gross
vehicle weight or gross combination
weight over 10,000 lbs.
The other challenge is that many states
are requiring a Commercial Driver’s
License (CDL) regardless if their load is a
commercial or personal shipment. Note: this is a summary of the regulation, the
actual 390.5 regulation is lengthy and there
are some exceptions, but this summary is to
clarify a basis.
Below I have outlined the federal
regulation regarding both electronic
logging and CDL requirements and how
the CDL requirement is different in some
states. And finally, the possible alternative
for our industry and our customers. Electronic Logs Mandate clearly
mandates that all those under current
FMCSA regulations that are required
to record paper logs must now record
logs electronically. There is no change to
the hours of service regulations. If you
had to do paper logs, now you must do
electronic logs. If you did not have to do
14
383.5 Definitions (referring to
who has to have a CDL)
Commercial driver’s license (CDL) means
a license issued to an individual by a
state or other jurisdiction of domicile, in
accordance with the standards contained
in this part, which authorizes the
individual to operate a commercial motor
vehicle used in *commerce to transport
passengers or property if the motor
vehicle has a gross combination weight
rating or combination actual weight over
26,000 lbs.
*Commerce is the exchange of goods or
services for money or trade in or for the
course of business.
Note: this is a summary to clarify the lengthy
regulation. The actual regulation can be read
by looking up 383.5 Definitions.
Question 21: Does the exemption
in §390.3(f )(3) for the “occasional
transportation of personal
property by individuals not
for compensation nor in the
furtherance of a commercial
enterprise” apply to persons
who occasionally use CMVs to
transport cars, boats, horses,
etc., to races, tournaments,
shows or similar events, even if
prize money is offered at these
events?
Guidance: The exemption would apply
to this kind of transportation, provided:
(1) The underlying activities are not
undertaken for profit, i.e., (a) prize
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