Cal. Code Regs. tit. 13 § 1212.5

Current through Register 2024 Notice Reg. No. 15, April 12, 2024

Section 1212.5 - Maximum Driving and on-Duty Time

(a) Maximum driving time. Except as provided in Sections 1212(b)(1), 1212(f), 1212(i), 1212(j), 1212(k), 1212 (l), 1212(p), and 1212(q), no motor carrier shall permit or require any driver used by it to drive nor shall any such driver drive:

(1) Intrastate bus drivers and modified limousine drivers:

(A) More than ten hours following eight consecutive hours off duty; or

(B) For any period after having been on duty 15 hours following eight consecutive hours off duty.

(2) Intrastate Truck Drivers:

(A) More than 12 cumulative hours following ten consecutive hours off duty, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, shall not drive for more than ten hours; or

(B) For any period after the end of the 16th hour after coming on duty following ten consecutive hours off duty.

(3) School Bus, School Pupil Activity Bus, Youth Bus and Farm Labor Vehicle Drivers:

(A) More than ten hours within a work period; or

(B) After the end of the 16th hour after coming on duty following eight consecutive hours off duty.

(4) No motor carrier shall permit or require a driver, regardless of the number of motor carriers using the driver's services, to drive nor shall any driver drive, except as provided in Section 1212(k), for any period after having been on duty for 80 hours in any consecutive eight days.

(5) For truck drivers listed in subsections (1) and (2), any period of eight consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.

(b) Interstate driver. Motor carriers and drivers engaged in interstate commerce and the driver of a vehicle transporting hazardous substances or hazardous waste, as those terms are defined in Section 171.8 of Title 49, Code of Federal Regulations, shall comply with the federal driver hours-of-service regulations contained in Title 49, Code of Federal Regulations, Part 395, as those regulations now exist or are hereafter amended.

(1) Modified limousine drivers. Modified limousine drivers engaged in interstate transportation shall comply with driver hours-of-service limits contained in Title 49, Code of Federal Regulations, Part 395.5, applicable to drivers of passenger-carrying vehicles, as published August 25, 2005, which are hereby incorporated by this reference.

(c) Referenced regulations. Copies of Title 49, Code of Federal Regulations, can be obtained from:

SUPERINTENDENT OF DOCUMENTS

UNITED STATES GOVERNMENT PRINTING OFFICE

PO BOX 371954

PITTSBURG, PA 15250-7954

(202)512-1800

Internet Purchases: http://www.access.gpo.gov/su_docs/sale.html

Cal. Code Regs. Tit. 13, § 1212.5

1. Change without regulatory effect adding 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 errors in subsection (a)(1) filed 3-10-93 (Register 93, No. 9).
3. Editorial correction of printing error in (a)(3)(B) (Register 93, No. 12).
4. New subsection (c) and amendment of NOTE filed 10-27-93; operative 11-26-93 (Register 93, No. 44).
5. Amendment of subsection (b) filed 9-6-95; operative 10-6-95 (Register 95, No. 36).
6. Amendment filed 10-4-99; operative 10-4-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 41).
7. Amendment of subsections (a), (b) and (b)(2) and repealer of subsection (c) filed 1-18-2000; operative 2-17-2000 (Register 2000, No. 3).
8. Amendment filed 10-12-2007; operative 11-11-2007 (Register 2007, No. 41).
9. Amendment of subsections (a)(1)-(a)(1)(B), new subsection (b)(1) 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.
10. Amendment of subsections (a)(1)-(a)(1)(B), new subsection (b)(1) and amendment of NOTE refiled 2-1-2018 as an emergency; operative 2-1-2018 (Register 2018, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-2-2018 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 2-1-2018 order, including amendment of NOTE, transmitted to OAL 4-30-2018 and filed 6-12-2018; amendments operative 6-12-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 24).
12. Amendment of subsections (a)-(a)(1)(B) and (a)(2)(A) and amendment of NOTE filed 12-23-2019; operative 4-1-2020 (Register 2019, No. 52).
13. Governor Newsom issued Executive Order N-31-20 (2019 CA EO 31-20), dated March 17, 2020, which allowed drivers to exceed certain hours-of-service limits under this section while operating in support of emergency relief efforts, due to the COVID-19 pandemic.

Note: Authority cited: Sections 31401, 34500.4, 34501, 34501.5 and 34508, Vehicle Code; and Section 39831, Education Code. Reference: Sections 545, 31401, 34003, 34500.4, 34501, 34501.2, 34501.5 and 34508, Vehicle Code; and Section 39831, Education Code.

1. Change without regulatory effect adding 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 errors in subsection (a)(1) filed 3-10-93 (Register 93, No. 9).
3. Editorial correction of printing error in (a)(3)(B) (Register 93, No. 12).
4. New subsection (c) and amendment of Notefiled 10-27-93; operative 11-26-93 (Register 93, No. 44).
5. Amendment of subsection (b) filed 9-6-95; operative 10-6-95 (Register 95, No. 36).
6. Amendment filed 10-4-99; operative 10-4-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 41).
7. Amendment of subsections (a), (b) and (b)(2) and repealer of subsection (c) filed 1-18-2000; operative 2-17-2000 (Register 2000, No. 3).
8. Amendment filed 10-12-2007; operative 11-11-2007 (Register 2007, No. 41).
9. Amendment of subsections (a)(1)-(a)(1)(B), new subsection (b)(1) 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.
10. Amendment of subsections (a)(1)-(a)(1)(B), new subsection (b)(1) and amendment of Note refiled 2-1-2018 as an emergency; operative 2/1/2018 (Register 2018, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-2-2018 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 2-1-2018 order, including amendment of Note, transmitted to OAL 4-30-2018 and filed 6-12-2018; amendments operative 6/12/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 24).
12. Amendment of subsections (a)-(a)(1)(B) and (a)(2)(A) and amendment of Note filed 12-23-2019; operative 4/1/2020 (Register 2019, No. 52).