Texas Intrastate – ELD Mandate Deadline & HOS Rules

With all the chatter about the Electronic Logging Device (ELD) deadline for Interstate drivers in the U.S. effective December 16, 2019, I wanted to raise awareness of another equivalent milestone taking place for Texas Intrastate motor carriers and their drivers.

Specifically, Texas Intrastate motor carriers, unless otherwise exempted, must install and require each of its drivers to use an Electronic Logging Device (ELD) to record the driver’s duty status no later than December 16, 2019.

As you know the Federal Motor Carrier Safety Administration (FMCSA) established ELD rules for most interstate commercial motor vehicle (CMV) carriers and their drivers by December 16, 2019.

So, what are the Texas Intrastate ELD rules, who is exempt, and what are the specific HOS requirements that motor carriers and their drivers must comply with?

The last update to the Texas Administrative Code, effective October 16, 2018, made it mandatory for intrastate motor carriers to deploy ELD’s unless exempt.

The basic ELD functional requirements are similar to the FMCSA’s Federal ELD requirements as described in Part 395.

In addition to the current HOS exemptions in Part 395, the following Texas Intrastate HOS exemptions include:

A vehicle used in oil or water well servicing or drilling, which is constructed as a machine consisting in general of a mast, an engine for power, a draw works, and a chassis permanently constructed or assembled for such purpose or purposes;
A mobile crane which is an unladen, self-propelled vehicle constructed as a machine used to raise, shift, or lower weights;
A vehicle transporting seed cotton; or
A concrete pumper;
Agricultural commodities in intrastate commerce for agricultural purposes within a 150 air-mile radius from the source of the commodities, or the distribution point for the farm supplies during planting and harvesting seasons.
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Texas Intrastate HOS Driver Highlights

Basis Driver Requirements

Minimum age is 18 years of age.
Driver will be placed out-of-service until no longer in violation.
Must successfully pass the examination for a Texas Commercial Driver’s License (CDL).

Maximum Drive & On-Duty Times

Drive 12 hours maximum following 8 consecutive hours off duty.
May not drive after having been on duty 15 hours maximum, following 8 consecutive hours off duty.
Violating the 12 driving or 15 on duty hour limits may place a driver out-of-service for 8 consecutive hours.
8 consecutive hours off duty time may be accumulated by taking a combination of at least 8 consecutive hours off duty and sleeper berth time.

Minimum Off Duty Times

At least 8 consecutive hours off-duty, after having been on duty for 15 or more consecutive hours.
At least 34 consecutive hours off duty, after having been on duty for more than 70 hours in 7 consecutive days.

Sleeper Berth Requirement

Off duty time must be taken in 2 periods of rest.
Neither rest period in the sleeper berth is shorter than 2 hours in duration.
Driving time immediately before and after each rest period in the sleeper berth, when added together, does not exceed 12 hours.
On duty time immediately before and after each rest period in the sleeper berth, when added together, does not include any driving time after the 15th hour; and
Driver may not return to driving without taking at least 8 consecutive hours off duty, at least 8 consecutive hours in the sleeper berth, or a combination of at least 8 consecutive hours off duty and sleeper berth time.

Short Haul Radius Exemption

150 air-mile radius of the driver’s normal work reporting location if:
Driver returns to the normal work reporting location and is released from work within 12 consecutive hours;
Driver has at least 8 consecutive hours off duty separating each 12 hours on duty; and

Motor Carrier Requirements

Must maintain and retain for a period of 6 months true and accurate time and business records for employed drivers which include:
Time the driver reports for duty each day;
Total number of hours the driver is on duty each day;
Time the driver is released from duty each day;
Total time on duty for the preceding 7 days for drivers used for the first time or intermittently; and
Business records that provide the date, time, quantity, and location of the delivery of a product or service, including delivery tickets or sales invoices.

Cycle Requirements

No driving after having worked and/or driven for 70 hours in any consecutive 7-day period.
A driver may restart a consecutive 7-day period after taking 34 or more consecutive hours off-duty.
Violating the 70-hour cycle limit may place a driver out-of-service until no longer in violation.

Ready-Mix Concrete Exemption

150 air-mile radius of the driver’s normal work reporting location if:
Driver returns to the normal work reporting location and is released from work within 14 consecutive hours;
Driver has at least 8 consecutive hours off duty separating each 14 hours on duty; and
Driver does not exceed 12 hours maximum driving time following 8 consecutive hours off duty; and
Motor carrier retains business records as described above.

Oilfield Equipment Exemption

Covers 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 7 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.

Construction Materials & Equipment Exemption

Any period of 7 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.

HOS Emergency Exemptions

Emergency residential deliveries of heating fuels or responding to a pipeline emergency, provided the carrier:
Documents the type of emergency, the duration of the emergency, and the drivers utilized; and
Maintains the documentation on file for a minimum of 6 months.

NOTE: An emergency is one that if left unattended would result in immediate serious bodily harm, death or substantial property damage but does not include routine requests to re-fill empty propane gas tanks.

Other Helpful Links

Below I have included several other helpful links for you to read up on and determine if you are compliant with the Texas Intrastate ELD mandate and HOS requirements.