NATDA Magazine May/Jun 2018 May/June 2018 - Page 14

logs before, you still do not have to do logs. The only exception is recreational vehicles; they may continue to operate with paper logs if they wish. Other than that, there is no change to the hours of service regulations requiring logging. Summary of Federal Regulation on who has to have a CDL. WILL THE NEW ELD MANDATE AFFECT DEALERSHIPS? Written by: Robert Anderson, Renegade Transport, LLC In recent weeks, I have learned from multiple dealers that there seems to be an unexpected challenge facing many of their customers. One challenge is the confusion on the new mandatory regulation on electronic logging devices taking the place of paper logs. It seems that some customers are rethinking trailer purchases because they do not want to do electronic logs. Summarized Federal DOT Rule on who must do logs. 390.5   Definitions (referring to who must do logs) Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle— (1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight over 10,000 lbs. The other challenge is that many states are requiring a Commercial Driver’s License (CDL) regardless if their load is a commercial or personal shipment. Note: this is a summary of the regulation, the actual 390.5 regulation is lengthy and there are some exceptions, but this summary is to clarify a basis. Below I have outlined the federal regulation regarding both electronic logging and CDL requirements and how the CDL requirement is different in some states. And finally, the possible alternative for our industry and our customers. Electronic Logs Mandate clearly mandates that all those under current FMCSA regulations that are required to record paper logs must now record logs electronically. There is no change to the hours of service regulations. If you had to do paper logs, now you must do electronic logs. If you did not have to do 14 383.5   Definitions (referring to who has to have a CDL) Commercial driver’s license (CDL) means a license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in this part, which authorizes the individual to operate a commercial motor vehicle used in *commerce to transport passengers or property if the motor vehicle has a gross combination weight rating or combination actual weight over 26,000 lbs. *Commerce is the exchange of goods or services for money or trade in or for the course of business. Note: this is a summary to clarify the lengthy regulation. The actual regulation can be read by looking up 383.5 Definitions. Question 21: Does the exemption in §390.3(f )(3) for the “occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise” apply to persons who occasionally use CMVs to transport cars, boats, horses, etc., to races, tournaments, shows or similar events, even if prize money is offered at these events? Guidance: The exemption would apply to this kind of transportation, provided: (1) The underlying activities are not undertaken for profit, i.e., (a) prize NATDA Magazine www.natda.org