California’s Recent Intrastate ELD Adoption – And the Challenges of Interstate and Intrastate Compliance

Today, most interstate drivers of commercial motor vehicles must use electronic logging devices (ELDs) to record their hours of service. Most states have also updated their intrastate adoptions of the Federal Motor Carrier Safety Regulations (FMCSRs) to include the ELD requirements.

Of those states, all adopted ELD use for intrastate operations and adopted the device requirements in Part 395, Subpart B of the FMCSRs. The adoptions also maintained any state-specific intrastate hours-of-service limits.

Recently, California adopted ELDs for intrastate operations, leaving Wisconsin as the only state that still needs to adopt the ELDs for intrastate operations. 

The California Highway Patrol (CHP) recently issued a final rule requiring ELD use by intrastate drivers on and after January 1, 2024.

The final rule requires the use of devices that meet the requirements in Part 395, Subpart B of the FMCSRs by drivers who currently use paper records of duty status to record their hours of service. It also requires that drivers be trained in the proper operation of these devices. 

Wisconsin is the only state that still needs to address the intrastate use of ELDs. It is expected that the state will adopt the device requirements in Part 395, Subpart B of the FMCSRs and maintain its' state-specific intrastate hours-of-service limits with no changes or amendments.

Knowing the difference between interstate and intrastate transportation is vital. Not having a solid understanding can put a motor carrier out of compliance, resulting in potential fines and penalties for both the motor carrier and the driver.

Let’s take a look at these examples of what could be perceived as intrastate commerce but are actually interstate commerce.

Joe picks up a load at the Los Angeles port. Joe then delivers this load to a warehouse seven miles down the road. Though Joe and the vehicle never crossed a state line, the cargo originated in another country (in this case, China). Because the cargo originated in another country, this is considered interstate commerce.

Sandy is based in Houston, TX. Sandy delivers goods from a warehouse in Houston to a receiver in Dallas. The goods Sandy delivers from the Houston warehouse originate in Oklahoma City. Though Sandy never crosses the state line, the goods delivered to the receiver in Dallas originated in another state (Oklahoma). Because the intent of the shipment is interstate, Sandy is involved in interstate commerce.

It's essential for a motor carrier to identify its operations correctly or the carrier, and its drivers, may not be in compliance. This can lead to fines and penalties for everyone involved. Worse yet, if an accident occurs and it is discovered that the motor carrier and driver were following more lenient intrastate requirements in error, the consequences will be much more significant.

Intrastate compliance varies from state to state. In many cases, intrastate adoptions are more lenient than the interstate requirements regarding compliance. Consequently, a carrier may elect to have specific drivers and vehicles that qualify to follow the intrastate requirements. When doing this, the motor carrier must ensure its drivers and vehicles comply with the intrastate requirements.

One common (and in most cases incorrect) assumption is that an intrastate driver and vehicle are not subject to compliance with the FMCSRs. This is not necessarily true. Areas of regulation that must be complied with include driver qualification, physical exam, vehicle inspection and maintenance, and marking/identification. The motor carrier must ensure that all involved understand and comply with the state's intrastate requirements.

Electing to have specific drivers and vehicles follow a state's intrastate requirements is a business decision. A motor carrier needs to weigh the pros — including the potential of compliance with fewer FMCSRs — with the cons, including following and complying with more than one set of regulations.

Be in the know about interstate and intrastate intricacies. Download our latest whitepaper, Interstate vs. Intrastate: Understanding Compliance Requirements. It provides citations and explanations that make it easier to navigate this tricky topic.

J. J. Keller® ELogs include California-specific passenger- and property-carrying hours-of-service rulesets. Our success team can get you up and running with the J. J. Keller® ELD Quick Comply Program. Talk with a compliance specialist to get started today!