Cal. Code Regs. Tit. 13, § 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.

(B) Every driver recording their RODS using an automatic on-board recording device or electronic logging software meeting the requirements of Section 1213.2 or Section 1213.3. Other requirements of Section 1213 shall not apply, except subsections (a), (f), (k) and (l).

(3) ELD not required. Drivers meeting any one of the following conditions shall record their RODS in accordance with the provisions of paragraph (a)(2).

(A) The driver is operating a commercial motor vehicle in a manner requiring completion of a RODS on not more than 8 days within any 30-day period.

(B) The driver is in a driveaway-towaway operation, as defined in Section 303 of the Vehicle Code, in which the vehicle being driven is part of the shipment being delivered.

(C) The vehicle being driven was manufactured before model year 2000, as reflected in the vehicle identification number (VIN) and as shown on the vehicle's registration.

(D) The motor carrier, driver, or vehicle is subject to federal regulatory guidance, a waiver, or an exemption issued by the Federal Motor Carrier Safety Administration pursuant to Part 395, Title 49, Code of Federal Regulations (CFR), which specifically exempts the use of an ELD.

(4) Notwithstanding Title 49, CFR, Section 395.20(a), intrastate drivers, as defined by Section 1201 of this chapter, shall comply with hours-of-service regulations pursuant to Section 1212 and 1212.5, of this chapter.

(b) Exceptions. A driver's RODS is not required for drivers of the following vehicles, provided documentation of their total days worked and time of reporting on and off duty each day, is maintained by the motor carrier for six months.

(1) Vehicles owned and operated by any forestry or fire department of any public agency or fire department organized as provided in the Health and Safety Code.

(2) Vehicles, owned and operated by local law enforcement agencies, which are engaged in the transportation of inmates or prisoners within the county where the agency is located.

(3) The vehicle is an Authorized Emergency Vehicle as defined by Section 165 of the Vehicle Code.

(4) A vehicle being operated by a driver who is operating pursuant to Subsection 1212(e).

(c) Duty status. The RODS shall be recorded as follows:

(1) "Off duty" or "OFF."

(2) "Sleeper berth" or "SB" (only if a sleeper berth used).

(3) "Driving" or "D."

(4) "On-duty not driving" or "ON."

(d) Location of change of duty status. For each change of duty status (e.g., the place of reporting for work, starting to drive, on-duty not driving and location released from work), the name of the city, town, or village, with State abbreviation, shall be recorded.

(e) Required information. The following information must be included on the form in addition to the grid:

(1) Date;

(2) Total miles driving today;

(3) Bus, truck or tractor, and trailer number;

(4) Name of carrier;

(5) Driver's signature/certification;

(6) 24-hour period starting time (e.g., midnight, 9:00 a.m., noon, 3:00 p.m.);

(7) Main office address;

(8) Remarks;

(9) Name of co-driver;

(10) Total hours (far right edge of grid);

(11) Shipping document number(s), or name of shipper and commodity;

(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.

(g) Driver's activities shall be recorded in accordance with the following provisions:

(1) Entries to be current. Drivers shall keep their RODS current to the time shown for the last change of duty status.

(2) Entries made by driver only.

(A) Driver not using an ELD. All entries relating to driver's RODS pursuant to subparagraph (a)(2)(A) shall be completed by the driver, be legible and in the driver's own handwriting. All entries pursuant to subparagraph (a)(2)(B), shall be entered and certified by the driver.

(B) Driver using an ELD. All drivers shall have a unique user account assigned by the motor carrier and all entries related to their RODS shall be entered and certified by the driver.

(3) Date. The month, day and year for the beginning of each 24-hour period shall be shown on the form containing the driver's RODS.

(4) Total mileage driven. Total mileage driven during the 24-hour period shall be recorded on the form containing the driver's RODS.

(5) Vehicle identification. The carrier's vehicle number or State and license number of each bus, truck, truck tractor and trailer operated during that 24-hour period shall be shown on the form containing the driver's RODS.

(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.

(7) Signature/certification. The driver shall certify to the correctness of all entries by signing the form containing the driver's RODS with his/her legal name or name of record. The driver's signature certifies that all entries required by this section made by the driver are true and correct.

(8) Time base to be used.

(A) The driver's RODS shall be prepared, maintained, and submitted using the time standard in effect at the driver's home terminal, for a 24-hour period beginning with the time specified by the motor carrier for that driver's home terminal.

(B) The term "seven or eight-consecutive days" means the seven or eight-consecutive 24-hour periods as designated by the carrier for the driver's home terminal.

(C) The 24-hour period starting time must be identified on the driver's RODS. One-hour increments must appear on the graph, be identified, and preprinted. The words "Midnight" and "Noon" must appear above or beside the appropriate one-hour increment.

(9) Main office address. The motor carrier's main office address shall be shown on the form containing the driver's RODS.

(10) Recording days off duty. Two or more consecutive 24-hour periods off duty may be recorded on one RODS.

(11) Total hours. The total hours in each duty status: off duty other than in a sleeper berth; off duty in a sleeper berth; driving, and on duty not driving, shall be entered to the right of the grid. The total of such entries shall equal 24 hours.

(12) Shipping document number(s), or name of shipper and commodity shall be shown on the driver's RODS.

(h) Graph grid. The following graph grid (Figure 1) shall be incorporated into a motor carrier recordkeeping system which shall also contain the information required in paragraph (e) of this section.

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Figure 1. Graph Grid Example of Vertical Lines

(i) Graph grid preparation. The graph grid may be used horizontally (Figure 1.) or vertically and shall be completed as follows:

(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.

(2) Sleeper berth. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time off duty resting in a sleeper berth, as defined in Section 1201. (If a non-sleeper berth operation, sleeper berth need not be shown on the grid.)

(3) Driving. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time on duty driving a motor vehicle, as "drive or operate" is defined in Section 1201.

(4) On duty not driving. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time on duty not driving as specified in Section 1201(s).

(5) Location-remarks. The name of the city, town, or village, with State abbreviations where each change of duty status occurs shall be recorded (Figure 2).

(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.

(k) Drivers used by more than one motor carrier.

(1) When the services of a driver are used by more than one motor carrier during any 24-hour period in effect at the driver's home terminal, the driver shall submit a copy of the RODS to each motor carrier. The RODS shall include:

(A) All duty time for the entire 24-hour period;

(B) The name of each motor carrier served by the driver during that period; and

(C) The beginning and finishing time, including a.m. or p.m., worked for each carrier.

(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.

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Figure 2. Graph Grid with Location Entries

Notes

Cal. Code Regs. Tit. 13, § 1213

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.

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.

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).