§ 1213. Driver's Record of Duty Status.
13 CA ADC § 1213Barclays Official California Code of RegulationsEffective: January 1, 2024
Effective: January 1, 2024
13 CCR § 1213
§ 1213. Driver's Record of Duty Status.
(a) Responsibilities. Except as provided in subsection (b), every motor carrier, as defined in Section 1201 of this chapter, shall be required to maintain a record-of-duty status (RODS) for each 24-hour period using the methods prescribed in either paragraphs (a)(1) or (a)(2) of this section. The RODS shall be presented for inspection immediately upon request by any authorized employee of the department, or any regularly employed and salaried police officer or deputy sheriff.
(1) Effective January 1, 2024, a motor carrier operating commercial motor vehicles shall install and shall require each driver to use an Electronic Logging Device (ELD) to record the driver's RODS. Use of an ELD shall meet the requirements of Section 1213.3. Other requirements of Section 1213 shall not apply to an ELD, except subsections (a), (f), (k) and (l).
(2) When the use of an ELD is not required pursuant to the conditions of paragraph (a)(3), a driver's RODS may be documented as prescribed in subparagraphs (a)(2)(A) or (a)(2)(B). Nothing in this paragraph is intended to exempt motor carriers or drivers subject to this chapter from maintaining RODS in the event an ELD is not required.
(A) Every driver manually recording their RODS using a paper logbook shall record their RODS, in duplicate, for each 24-hour period. The RODS time shall be recorded on a specified grid, as shown in subsection (h) of this section. The grid and the requirements of subsection (e) of this section may be combined with any company forms.
(f) Incomplete or false records. No motor carrier shall allow or require, and no driver shall prepare, submit, or certify, RODS which are not true and accurate. Failure to complete and maintain RODS or falsifying RODS required by this section shall make the driver and/or the carrier liable to prosecution.
(6) Name of carrier. The name(s) of the motor carrier(s) for which work is performed shall be shown on the form containing the driver's RODS. When work is performed for more than one motor carrier during the same 24-hour period, the beginning and finishing time, shown a.m. or p.m., worked for each carrier shall be shown after each carrier's name. Drivers of leased vehicles shall show the name of the motor carrier performing the transportation.
Figure 1. Graph Grid Example of Vertical Lines
(A) If a change of duty status occurs at a location other than a city, town, or village, show one of the following: (1) The highway number and nearest milepost followed by the name of the nearest city, town, or village and State abbreviation, (2) the highway number and the name of the service plaza followed by the name of the nearest city, town, or village and State abbreviation, or (3) the highway numbers of the nearest two intersecting roadways followed by the name of the nearest city, town, or village and State abbreviation.
Note: Regulations require horizontal lines between the time markers. A vertical line between change of duty status is not required. However, it is common industry practice to indicate change of duty status with a continuous vertical line connecting time markers. Figures 1 and 2 illustrate examples of continuous vertical lines connecting time markers.
(j) Filing driver's RODS. Each day, the driver shall submit or forward a copy of the driver's RODS to the regular employing motor carrier following the completion of the form. Drivers who do not return to the home terminal each day may submit their RODS upon their first return to the home terminal, provided the interval does not exceed 13 days.
(2) Motor carriers, when using a driver for the first time or intermittently, shall obtain from the driver a signed statement giving the total time on duty during the immediately preceding seven days and the time at which the driver was last relieved from duty prior to beginning work for the motor carriers.
(l) Retention of driver's RODS. The driver shall retain a copy of each RODS for the current day and the previous seven consecutive days which shall be in their possession and available for inspection while on duty. The records and any supporting documents (as defined in Section 1201 of this chapter) in the driver's possession shall be presented for inspection immediately upon request by any authorized employee of the department, or any regularly employed and salaried police officer or deputy sheriff.
Note: Driver's RODS. The graph grid, when incorporated as part of any form used by a motor carrier, must be of sufficient size to be legible. Figure 2 illustrates how a driver's RODS should be recorded for a trip from Redding, California, to Los Angeles, California. The grid reflects the midnight to midnight 24-hour period. The driver in this instance reported for duty at the motor carrier's terminal. The driver reported for work at 6 a.m., helped load, checked with dispatch, made a pre-trip inspection, and performed other duties until 7 a.m. when the driver began driving. At 9:30 a.m. the driver had a minor accident in Sacramento, California, and spent one half hour handling details with the local police. The driver arrived at the company's Stockton, California, terminal at 10:45 a.m. and went to lunch while minor repairs were made to the tractor. At noon the driver resumed the trip and made a delivery in Bakersfield, California, between 3:30 p.m. and 4 p.m. at which time the driver started driving again. Upon arrival at Santa Clarita, California, at 5:30 p.m., the driver entered the sleeper berth for a rest break until 7 p.m. at which time the driver resumed driving again. At 7:45 p.m. the driver arrived at the company's terminal in Los Angeles, California. Between 7:45 p.m. and 8:30 p.m. the driver prepared the required paperwork including completing the driver's RODS, vehicle condition report, insurance report for the Sacramento, California, accident, checked for the next day's dispatch, etc. At 8:30 p.m., the driver went off duty.
Figure 2. Graph Grid with Location Entries
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; 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).
2. Editorial correction of printing error (Register 93, No. 12).
3. Change without regulatory effect amending subsection (a)(3) and figure 2 filed 8-7-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 32).
4. Repealer of subsection (g)(11), subsection renumbering and amendment of Note filed 9-6-95; operative 10-6-95 (Register 95, No. 36).
5. Amendment filed 10-4-99; operative 10-4-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 41).
6. New subsection (a)(4) and amendment of subsections (f), (j) and (l) filed 10-12-2007; operative 11-11-2007 (Register 2007, No. 41).
7. Amendment of subsection (i)(3) filed 4-13-2010; operative 5-13-2010 (Register 2010, No. 16).
8. Amendment of subsections (a) and (a)(4) filed 8-30-2018; operative 10-1-2018 (Register 2018, No. 35).
9. Amendment of section filed 10-30-2023; operative 1-1-2024 (Register 2023, No. 44).
This database is current through 8/30/24 Register 2024, No. 35.
Cal. Admin. Code tit. 13, § 1213, 13 CA ADC § 1213
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