§ 1212. Driver Hours of Service.
13 CA ADC § 1212Barclays Official California Code of Regulations
13 CCR § 1212
§ 1212. Driver Hours of Service.
(1) A driver who encounters adverse driving conditions, as defined in Section 1201, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by Section 1212.5 may drive and be permitted or required to drive for not more than 2 additional hours in order to complete that run or to reach a place offering safety for vehicle occupants and security for the vehicle and its cargo. However, that driver may not drive or be permitted to drive:
(d) Oilfield operations. (1) In the instance of drivers of commercial motor vehicles used exclusively in the transportation of oilfield equipment, including the stringing and picking up of pipe used in pipelines, and servicing of the field operations of the natural gas and oil industry, any period of eight consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.
(2) In the case of specially trained drivers of motor vehicles which are specially constructed to service oil wells, on-duty time shall not include waiting time at a natural gas or oil well site; provided, that all such time shall be fully and accurately accounted for in records to be maintained by the motor carrier. Such records shall be made available upon request of any authorized employee of the department.
(6) The permanent record produced by a time-recording device such as a “tachograph” (Figure 1) may be used as a driver's record for any tour of duty for an intrastate driver that does not exceed 15 consecutive hours or the 100 air-mile radius, provided the intrastate bus driver does not exceed ten hours and the intrastate truck driver does not exceed 12 hours maximum driving time following eight consecutive hours off duty for bus drivers and ten consecutive hours off duty for truck drivers, and the driver enters:
(f) Retail store deliveries. The provisions of Section 1212.5(a) shall not apply with respect to drivers of commercial motor vehicles engaged solely in making local deliveries from retail stores and/or retail catalog businesses to the ultimate consumer, when driving solely within a 100 air-mile radius of the driver's work-reporting location, during the period from December 10 to December 25, both inclusive, of each year.
(3) Specially trained driver of a specially constructed oil well servicing commercial motor vehicle at a natural gas or oil well location. A specially trained driver who operates a commercial motor vehicle specially constructed to service natural gas or oil wells that is equipped with a sleeper berth, as defined in Section 1265, or who is off duty at a natural gas or oil well location, may accumulate the equivalent of ten consecutive hours off-duty time by taking a combination of at least ten consecutive hours of off-duty time, sleeper-berth time, or time in other sleeping accommodations at a natural gas or oil well location; or by taking two periods of rest in a sleeper berth, or other sleeping accommodation at a natural gas or oil well location, providing:
(D) The driver may not return to driving subject to the normal limits under Section 1212.5 without taking at least ten consecutive hours off duty, at least ten consecutive hours in the sleeper berth or other sleeping accommodations, or a combination of at least ten consecutive hours off duty, sleeper-berth time, or time in other sleeping accommodations.
(4) Passenger-carrying commercial motor vehicles. A bus driver who is driving a bus that is equipped with a sleeper berth, as defined in Section 1265, may accumulate the equivalent of eight consecutive hours of off-duty time by taking a combination of at least eight consecutive hours off-duty and sleeper berth time; or by taking two periods of rest in the sleeper berth, providing:
(h) Travel time. When a driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier, such time shall be counted as on-duty time unless the driver is afforded at least eight consecutive hours off duty for bus drivers and ten consecutive hours off duty for truck drivers, when arriving at destination, in which case the driver shall be considered off duty for the entire period.
(i) Utility service vehicles. An intrastate driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electrical utility, as defined in Section 224.3 of that code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district, as defined in Section 20200 of the Water Code, is exempt from all hours-of-service regulations while operating a public utility or public water district vehicle.
(2) A driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be exempted from the eight-day cumulative limit, specified in Sections 1212(k)(1)(C) and 1212.5(a)(4), during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year.
(4) Upon the request of the Director of Food and Agriculture, the Commissioner may, for good cause, temporarily waive the maximum on-dutytime limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute.
(B) “First point of processing or packing” means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or resale markets.
(m) Construction Materials and Equipment. In the instance of a driver of a vehicle who is used primarily in the transportation of construction materials and equipment, the total on-duty hours accumulated by the driver during the most recent eight consecutive days shall be considered reset to zero upon the driver's completion of an off-duty period of 24 or more consecutive hours.
(1) Transportation of “construction materials and equipment” means the transportation of construction and pavement materials, construction equipment, and construction maintenance vehicles, by a driver to or from an active construction site (a construction site between mobilization of equipment and materials to the site to the final completion of the construction project), within a 50-mile radius of the normal work reporting location of the driver.
(2) This paragraph does not apply to the transportation of materials found by the Secretary of the United States Department of Transportation to be hazardous under Title 49, United States Code, Section 5103, in an amount requiring placarding under regulations issued in order to carry out that section.
(n) Limited Applicability. The exceptions provided in subsections (i), (j), (k), and (p) are not available to the driver of a vehicle transporting hazardous substances or hazardous waste, as those terms are defined in Section 171.8 of Title 49, Code of Federal Regulations, as those regulations exist or are hereafter amended.
(o) Commercial Motor Vehicle Transportation to or from a Motion Picture Production site. A driver of a commercial motor vehicle providing transportation of property to or from a theatrical or television motion picture production site is exempt from the requirements of Section 1212.5(a)(2) if the driver operates within a 100 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work-reporting location. With respect to the maximum daily hours of service, such a driver may not drive:
(3) If a driver of a commercial motor vehicle providing transportation of property to or from a theatrical or television motion picture production site operates beyond a 100 air-mile radius of the normal work-reporting location, the driver is subject to Section 1212.5(a)(2), and paragraphs (o)(1) and (2) of this section do not apply.
(p) Emergency Restoration Exemption. (1) An intrastate governmental driver employed by the State of California, a city, a county, a city and county agency, or any political subdivision thereof may be permitted or required to drive more than the number of hours specified in Section 1212.5 while operating a commercial motor vehicle owned and operated by the State of California, a county, a city, a county and city, or any political subdivision thereof during the emergency restoration of basic essential public services and related operations. For purposes of this paragraph, the phrase “and related operations” includes, but is not limited to, the operation of a commercial motor vehicle from its original terminal location to the scene of emergency restoration of essential public services and the return of the commercial motor vehicle to the original terminal location in order to release the driver from duty.
(4) The 72-hour limit of the emergency restoration exemption period may be extended by the Commissioner of the California Highway Patrol upon request through the submission of a letter from the originating authority indicating the specific reason(s) for the extension, as described by Section 1202(e)(1).
(5) Upon the expiration of the 72-hour exemption period or the exemption extension letter period and release of a driver from duty, the total on-duty hours accumulated by the driver during the most recent eight consecutive days shall be considered reset to zero upon the driver's completion of an off-duty period of 24 or more consecutive hours.
(6) The Governor of the State of California, designated county authority, or designated city authority shall document the nature of the incident requiring emergency restoration of basic essential public services, the duration of the emergency necessitating excessive driving hours, and the name(s) of governmental employees utilizing the exemption period. Drivers operating under the exemption shall document record of duty status using the methods prescribed in Section 1213. Copies of the exemption documentation required to be prepared by the authority authorizing the use of this exemption shall accompany the driver(s) hours of service records and shall be considered supporting documentation as defined by Section 1234. Documentation required by this section shall be retained at the principal place of business for a period of not less than two years from the date on which the incident occurred and made available to any authorized employee of the California Highway Patrol.
(7) California governmental entities issuing an emergency restoration declaration and that are requesting to begin a 72-hour emergency restoration exemption period shall immediately notify the California Highway Patrol Emergency Notification and Tactical Alert Center (ENTAC) using the following 24-hour number: (916) 843-4339. The notification shall include the following information: name(s) of authority requesting the exemption; reason for utilizing the exemption; name(s) of the governmental driver(s) to be included; and alternate method(s) of hours of service compliance.
(9) Emergency Restoration -- Definition. For purposes of this section, emergency restoration includes, but is not limited to, mitigation of damage and debris removal to restore basic essential public services as the result of a fire, flood, earthquake, other soil or geologic movement, storm, natural disaster, act of terrorism, riots, accidents, sabotage, or other occurrence, whether natural or man-made, that interrupts the delivery of essential services, such as electricity, medical care, sewer, water, main roadway traffic, storm drain operation, telecommunications, and telecommunication transmissions, or otherwise immediately threatens human life or public welfare. Emergency restoration does not include regular and scheduled construction, repair, and maintenance of basic essential public services, public works infrastructure, or any highway.
(10) Governmental Driver -- Definition. For purposes of this section, a governmental driver includes any person who is a directly compensated, authorized, permanent, full time, part time, temporary, seasonal, or limited term employee of the State of California, a county, a city, a county and city, or any political subdivision thereof during the emergency restoration of basic essential public services and related operations while operating a commercial motor vehicle. A governmental driver does not include a non-governmental employee, a subcontractor, or a private party acting on behalf of or indirectly compensated by the State of California, a county, a city, a county and city, or any political subdivision thereof.
(q) Tow truck operators. (1) The driver of a tow truck, as defined in Vehicle Code Section 615(a), equipped with at least one permanently mounted and operational boom, winch, under-lift device, or other equipment designed, used, or maintained for the purpose of lifting, carrying, securing, or towing a disabled vehicle may not drive or be permitted to drive:
(A) Transporting hazardous materials in a quantity requiring the display of placards pursuant to Vehicle Code Section 27903, a Hazardous Materials Transportation License pursuant to Vehicle Code Section 32000.5, or a Hazardous Waste Transporter Registration pursuant to Health and Safety Code Section 25163.
(A) Drivers using this exception to drive a commercial motor vehicle in excess of driving limits contained in Section 1212.5 shall complete a driver's record of duty status pursuant to Section 1213 for each 24-hour period while using the exception and for the seven 24-hour periods immediately following the use of the exception.
(4)(A) The employing motor carrier of any driver described in subdivision (1) shall report all incidents to the California Highway Patrol within 15 calendar days. All incidents involving the driver, occurring during any eight consecutive 24 hour periods described in subdivision (3)(A), shall be reported pursuant to this subdivision, include legible copies of any report or description of the incident completed by a law enforcement agency, any emergency response personnel, or on behalf of any insurance company, and submitted via electronic mail or United States mail as follows:
OR
CALIFORNIA HIGHWAY PATROL
COMMERCIAL VEHICLE SECTION
ATTN: TOW REPORTING
P.O. BOX 942898
SACRAMENTO, CA 94298-0001
Credits
Note: Authority cited: Sections 31401, 34501, 34501.2, 34501.5 and 34508, Vehicle Code; and Section 39831, Education Code. Reference: Sections 545, 31401, 34501, 34501.2, 34501.5 and 34508, Vehicle Code; Sections 218, 222, 224.3, 234 and 241, Public Utilities Code; Section 20200, Water Code; and Section 39831, Education Code.
History
1. Change without regulatory effect repealing section and adopting new section filed 2-4-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 6). For prior history, see Register 92, No. 49.
2. Editorial correction of printing error in section heading (Register 93, No. 12).
3. Editorial correction restoring inadvertently omitted article heading (Register 93, No. 16).
4. Change without regulatory effect amending subsection (i) filed 5-28-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 22).
5. Change without regulatory effect amending subsection (a) and adopting new subsection (l) filed 9-28-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 40).
6. Change without regulatory effect amending subsection (i) and adding new Note filed 11-29-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 48).
7. Amendment filed 10-4-99; operative 10-4-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 41).
8. Amendment filed 10-12-2007; operative 11-11-2007 (Register 2007, No. 41).
9. Amendment of subsections (c) and (k) and new subsections (o)-(o)(3) filed 4-13-2010; operative 5-13-2010 (Register 2010, No. 16).
10. Amendment of section and Note filed 12-23-2019; operative 4-1-2020 (Register 2019, No. 52).
This database is current through 8/30/24 Register 2024, No. 35.
Cal. Admin. Code tit. 13, § 1212, 13 CA ADC § 1212
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