Section 1201 - DefinitionsThe following terms are defined for purposes of this chapter:
(a) Adverse driving conditions. Snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun.(b) Bus. Every motor vehicle defined in Vehicle Code Sections 233, and 545(a)(11), and every school bus, school pupil activity bus, youth bus, and farm labor bus. Bus "type" is determined as follows:(1) Type 1. Designed for carrying more than 16 passengers and the driver.(2) Type 2. Designed for carrying not more than 16 passengers and the driver; or manufactured on or after April 1, 1977, having a manufacturer's gross vehicle weight rating of 10,000 or less, and designed for carrying not more than 20 passengers and the driver.(c) Chassis. Motor vehicle chassis as defined in Society of Automotive Engineers (SAE) Standard J687c, June 1972.(d) Co-driver. A driver teamed with another driver for the purpose of alternating driving duties during a trip. While one drives, the other ordinarily rests in a sleeper berth. Both driver and co-driver maintain separate driver's records of duty status pursuant to Section 1213 of this title.(e) Commercial Motor Vehicle. Any vehicle or combination of vehicles as defined in Vehicle Code Section 15210(b)(1).(f) Commissioner. Commissioner of the Department of the California Highway Patrol.(g) Department. Department of the California Highway Patrol.(h) Drive or Operate. These terms include all time spent at the driving controls of a motor vehicle in operation.(i) Driver. Any person, including the owner-driver, who drives any motor vehicle subject to this chapter, and any person, whether driving for compensation or not, who is under the direct control of and drives for a motor carrier.(j) Driver-salesperson. Any employee who is employed solely as such by a private carrier of property by motor vehicle, who is engaged both in selling goods, services, or the use of goods, and in delivering by commercial motor vehicle the goods sold or provided or upon which the services are performed, who does so entirely within a radius of 100 miles of the point at which the driver reports for duty, who devotes not more than 50 percent of his/her hours on duty to driving time. The term "selling goods" for purposes of this section shall include in all cases solicitation or obtaining of reorders or new accounts, and may also include other selling or merchandising activities designed to retain the customer or to increase the sale of goods or services, in addition to solicitation or obtaining of reorders or new accounts.(k) Driving Time. Means all time spent at the driving controls of a commercial motor vehicle in operation.(l) Eight Consecutive Days. The period of 8 consecutive days beginning on any day at the time designated by the motor carrier for a 24-hour period.(m) FMVSS. Federal Motor Vehicle Safety Standard(s) in effect at the time the vehicle or component is manufactured.(n) GPPV - General Public Paratransit Vehicle. Any motor vehicle specified in Vehicle Code Section 336.(o) Interstate Driver. Interstate driver means the driver of a vehicle engaged in interstate commerce as defined in 49 Code of Federal Regulations, Section 390.5, as those regulations now exist or are hereafter amended.(p) Intrastate Driver. Intrastate driver means a driver engaged in trade, traffic, or transportation not described in the term "interstate driver."(q) Manufacturer of the Chassis. The original manufacturer of the chassis or the manufacturer of any integral type of school bus.(r) Modified Limousine. Any vehicle as defined in Vehicle Code Section 378(b). (1) For the purpose of this chapter, the phrase "in any amount sufficient to accommodate additional passengers," contained in Vehicle Code Section 378(b), has the following meaning: the overall wheelbase of the vehicle measured from the vertical centerline of the foremost axle to the vertical centerline of the rearmost axle exceeds the original equipment manufacturer's published wheelbase dimension for the base model and year of the vehicle by 13 inches or more, or when installed seating positions are increased by one or more.(2) Specific indicia may be utilized by California Highway Patrol, California Public Utilities Commission, or other law enforcement agency personnel to make a determination whether a vehicle meets the definition referenced in Section (r). Specific indicia includes, but is not limited to, a review of the passenger seating capacity label, required to be displayed by Federal Motor Vehicle Safety Standard (FMVSS) 110. In the event the required label is missing or illegible, the display of a manufacturer label, required by the FMVSS indicating the vehicle was manufactured in two or more stages which includes the designated seating capacity, is the definitive indicator.(3) In the event any or all required labels are missing or rendered illegible, articulable proof the vehicle may, in any manner, accommodate more passengers than the base model of the vehicle as advertised by the original equipment manufacturer, shall substantiate a determination the vehicle has been modified or extended to increase length in an amount sufficient to accommodate additional passengers. This articulable proof may include, but not be limited to, a determination made based on the number of installed seating positions or the installation of seat belts or shoulder restraints.(s) Motor Carrier or Carrier. The registered owner, lessee, licensee, school district superintendent, or bailee of any vehicle who operates or directs the operations of any such vehicle on either a for-hire or not-for-hire basis. The terms "motor carrier" and "carrier" may be used interchangeably in this chapter.(t) Multiple Stops. All stops made in any one village, town, or city may be computed as one.(u) On-duty Time. All time from the time a driver begins to work, or is required to be in readiness to work, until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:(1) All time at a carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;(2) All time inspecting, servicing, or conditioning any vehicle;(3) All "driving time," as defined in this section;(4) All time in or upon any motor vehicle, other than:(i) Time spent resting in or upon a parked vehicle, except for vehicles subject to the requirements of Vehicle Code Section 31614;(ii) Time spent resting in a sleeper berth, as defined by the term "sleeper berth" in this section; or(iii) Up to two hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least eight consecutive hours in the sleeper berth;(5) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded;(6) All time spent complying with driver requirements relating to accidents;(7) All time repairing, obtaining assistance, or remaining in attendance in or about a disabled vehicle;(8) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by 49 Code of Federal Regulations Part 382, when directed by a motor carrier;(9) Performing any other work in the capacity of, or in the employ or service of, a common, contract or private motor carrier; and(10) Performing any compensated work for any nonmotor carrier entity.(v) PAB -- Pupil Activity Bus. For the purpose of this Chapter, any motor vehicle specified in Vehicle Code Section 545(a)(11).(w) Pupil Transportation. The transportation of any pupil enrolled in a public or private school at or below the twelfth-grade level to or from school in a school bus, to or from a school activity in a school bus, PAB, or SPAB, from a school to a nonschool-related activity within 25 miles of the school in a youth bus, or the transportation of any student enrolled in a community college to or from the community college or a college activity, in a vehicle designated as a school bus by resolution of the governing board pursuant to Vehicle Code Section 545(g), and certified by the department.(x) SPAB -- School Pupil Activity Bus. Any motor vehicle specified in Vehicle Code Section 546.(y) School District Superintendent. This term or a similar phrase includes county superintendent of schools and the equivalent official of a private or public school that does not have a school district superintendent.(z) Seven Consecutive Days. The period of 7 consecutive days beginning on any day at the time designated by the motor carrier for a 24-hour period.(aa) Sleeper Berth. A berth conforming to the requirements of Section 1265.(bb) Supporting Documents. Supporting documents are the records of a motor carrier which are maintained in the ordinary course of business which may be used to verify the information recorded on drivers' records of duty status. Examples are: bills of lading, carrier pros, freight bills, dispatch records, driver call-in records, gate record receipts, weight/scale tickets, fuel receipts, fuel billing statements, toll receipts, international registration plan receipts, international fuel tax agreement receipts, trip permits, port of entry receipts, cash advance receipts, delivery receipts, lumper receipts, interchange and inspection reports, lessor settlement sheets, over/short and damage reports, agricultural inspection reports, Commercial Vehicle Safety Alliance reports, accident reports, telephone billing statements, credit card receipts, driver fax reports, on-board computer reports, border crossing reports, custom declarations, traffic citations, overweight/oversize reports and citations, and/or other documents directly related to the motor carrier's operation, which are retained by the motor carrier in connection with the operation of its transportation business. Supporting documents may include other documents which the motor carrier maintains and which can be used to verify information on drivers' records of duty status.(cc) Trailer-bus. A trailer or semi-trailer designed or used for the transportation of more than 10 persons.(dd) Truck. All motortrucks and truck tractors specified in Vehicle Code Section 34500.(ee) Twenty-four Hour Period. Any 24-consecutive-hour period beginning at the time designated by the motor carrier for the terminal from which the driver is normally dispatched.(ff) Wheelchair. A specially constructed device on wheels used exclusively to transport a physically handicapped person except infant seat devices, strollers, and gurneys.(gg) Wheelchair School Bus. Any school bus that has been designed or modified in accordance with Section 1293 of this title to transport pupils confined to wheelchairs.(hh) Work Period. The duration between the time a driver first reports for duty and the time a driver is completely relieved of all duties and is permitted to go off duty for eight consecutive hours for bus drivers or ten consecutive hours for truck drivers. The terms "work period" and "tour of duty" have the same meaning.Cal. Code Regs. Tit. 13, § 1201
1. Amendment filed 5-14-79; effective July 1, 1979 (Register 79, No. 19).
2. Amendment of subsection (k) filed 4-3-80; designated effective 7-1-80 (Register 80, No. 14).
3. Amendment of subsection (j) filed 12-28-81; effective thirtieth day thereafter (Register 82, No. 1).
4. Amendment of subsections (p), (r) and (w) filed 6-9-82; effective thirtieth day thereafter (Register 82, No. 24).
5. Amendment of subsections (a), (p) and (s), and new subsection (z) filed 10-28-82; effective thirtieth day thereafter (Register 82, No. 44).
6. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
7. Amendment filed 7-1-83; effective thirtieth day thereafter (Register 83, No. 27).
8. Amendment filed 8-16-88; operative 9-15-88 (Register 88, No. 34).
9. Amendment of subsection (l) filed 12-5-88; operative 1-4-89 (Register 88, No. 51).
10. Amendment of subsection (k)(4) filed 7-17-89; operative 8-16-89 (Register 89, No. 29).
11. Change without regulatory effect adding new subsections (a), (h), (i), (l), (m), (p), (q)(9), (v), (w), and (z), subsection relettering, and amendment of newly designated subsections (q)-(q)(8) filed 2-4-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 6).
12. Editorial correction of printing error (Register 93, No. 12).
13. Change without regulatory effect amending subsection (g) filed 5-11-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 19).
14. Change without regulatory effect repealing subsection (t) and subsection relettering filed 4-1-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
15. New subsection (w), subsection relettering and amendment of NOTE filed 1-8-98; operative 2-7-98 (Register 98, No. 19).
16. Amendment of section and NOTE filed 10-24-2001; operative 11-23-2001 (Register 2001, No. 43).
17. Amendment of subsections (i), (n)-(o), (s) and (bb) filed 10-12-2007; operative 11-11-2007 (Register 2007, No. 41).
18. Amendment of subsection (ee) filed 4-13-2010; operative 5-13-2010 (Register 2010, No. 16).
19. Amendment of subsection (b), new subsections (c) and (u), subsection relettering and amendment of newly designated subsection (v) and NOTE filed 7-6-2011; operative 8-5-2011 (Register 2011, No. 27).
20. New subsections (r)-(r)(2), subsection relettering and amendment of NOTE filed 7-31-2017 as an emergency; operative 7-31-2017 (Register 2017, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-29-2018 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 7-31-2017 order, including amendment of subsection (r) and new subsections (r)(1)-(3), transmitted to OAL 1-19-2018 and filed 2-27-2018; amendments operative 2-27-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 9).
22. Amendment of subsections (b), (o) and (u)(4), new subsections (u)(4)(i)-(iii), amendment of subsections (u)(8) and (v) and amendment of NOTE filed 12-23-2019; operative 4-1-2020 (Register 2019, No. 52). Note: Authority cited: Sections 31401, 34501, 34501.5, 34508 and 34520, Vehicle Code; and Section 39831, Education Code. Reference: Sections 336, 378, 545, 546, 27375, 31401, 31614, 34501, 34501.2, 34501.5, 34508 and 34520, Vehicle Code; and Section 39831, Education Code.
1. Amendment filed 5-14-79; effective July 1, 1979 (Register 79, No. 19).
2. Amendment of subsection (k) filed 4-3-80; designated effective 7-1-80 (Register 80, No. 14).
3. Amendment of subsection (j) filed 12-28-81; effective thirtieth day thereafter (Register 82, No. 1).
4. Amendment of subsections (p), (r) and (w) filed 6-9-82; effective thirtieth day thereafter (Register 82, No. 24).
5. Amendment of subsections (a), (p) and (s), and new subsection (z) filed 10-28-82; effective thirtieth day thereafter (Register 82, No. 44).
6. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
7. Amendment filed 7-1-83; effective thirtieth day thereafter (Register 83, No. 27).
8. Amendment filed 8-16-88; operative 9-15-88 (Register 88, No. 34).
9. Amendment of subsection (l) filed 12-5-88; operative 1-4-89 (Register 88, No. 51).
10. Amendment of subsection (k)(4) filed 7-17-89; operative 8-16-89 (Register 89, No. 29).
11. Change without regulatory effect adding new subsections (a), (h), (i), (l), (m), (p), (q)(9), (v), (w), and (z), subsection relettering, and amendment of newly designated subsections (q)-(q)(8) filed 2-4-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 6).
12. Editorial correction of printing error (Register 93, No. 12).
13. Change without regulatory effect amending subsection (g) filed 5-11-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 19).
14. Change without regulatory effect repealing subsection (t) and subsection relettering filed 4-1-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
15. New subsection (w), subsection relettering and amendment of Note filed 1-8-98; operative 2-7-98 (Register 98, No. 19).
16. Amendment of section and Note filed 10-24-2001; operative 11-23-2001 (Register 2001, No. 43).
17. Amendment of subsections (i), (n)-(o), (s) and (bb) filed 10-12-2007; operative 11-11-2007 (Register 2007, No. 41).
18. Amendment of subsection (ee) filed 4-13-2010; operative 5-13-2010 (Register 2010, No. 16).
19. Amendment of subsection (b), new subsections (c) and (u), subsection relettering and amendment of newly designated subsection (v) and Note filed 7-6-2011; operative 8-5-2011 (Register 2011, No. 27).
20. New subsections (r)-(r)(2), subsection relettering and amendment of Note filed 7-31-2017 as an emergency; operative 7-31-2017 (Register 2017, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-29-2018 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 7-31-2017 order, including amendment of subsection (r) and new subsections (r)(1)-(3), transmitted to OAL 1-19-2018 and filed 2-27-2018; amendments operative 2-27-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 9).
22. Amendment of subsections (b), (o) and (u)(4), new subsections (u)(4)(i)-(iii), amendment of subsections (u)(8) and (v) and amendment of Note filed 12-23-2019; operative 4/1/2020 (Register 2019, No. 52).