Updated September 2019
Jill Schultz - DOT Editor - J. J. Keller & Associates, Inc.
February 08 , 2019
Today, most interstate drivers of commercial motor vehicles (CMVs) are required to use electronic logging devices (ELDs) to record their hours of service. Currently, many states are in the process of updating their intrastate adoptions of the Federal Motor Carrier Safety Regulations (FMCSRs) to include the ELD requirements.
Two things are considered when establishing transportation as intrastate: first, the actual movement of the driver, vehicle and its contents; and second, the intent and movement of the shipment. Intrastate commerce includes:
• Not crossing state lines
• Not traveling over the border into and/or from Canada or Mexico, and
• Traveling between two places within a state, and the cargo is not part of a trip that began or will end in another state or foreign country.
States have three years from the effective date of a regulation to adopt intrastate regulations that are compatible with the federal requirements. If a state’s intrastate regulation is not compatible, the state risks losing millions of dollars in federal assistance directed to its motor carrier enforcement program. Rarely does a state adopt a regulation that is not compatible.
When it comes to the issue of whether intrastate operations need ELDs, it isn’t a matter of “if,” but a matter of “when.” If your state hasn’t adopted ELDs for intrastate operations yet, it will be coming soon. Being prepared is the best course of action, as a state’s adoption can become effective in a relatively short period of time. Having ELDs in place and making sure your intrastate drivers know how to use them will ensure you are in compliance when the time comes.
The following states have adopted the ELD requirements for drivers of property-carrying CMVs. Note that applicability of the requirements can vary from state-to-state.
The following states have not yet adopted the ELD requirements for drivers of property-carrying CMVs. Adoption for intrastate operations is expected in the near future.
This list is current as of September 24, 2019.
ELD Transition Guidance From Fleets That Know
Fleets who have already switched from AOBRDs to ELDs give their advice on the transition.
FMCSA Proposed Changes to Create Flexibility in HOS Rules
Learn the implications of FMCSA's recently proposed changes to the hours-of-service rules.
ELD Annotations: Exemptions
Read this compliance brief for suggested annotations that explain log exemption edits.