Georgia intrastate trucking exceptions for commercial motor vehicles

How the federal rules are read for intrastate operations

Under Ga. Comp. R. & Regs. 570-38-1-.05(1), the Department adopts as its own rules, except to the extent modified, the federal safety regulations in 49 CFR Parts 350, 376, 382, 383, and 390 through 397, "for all carriers regulated by this Department." Under Rule 570-38-1-.05(5), each reference to interstate commerce in those adopted rules is read as a reference to intrastate commerce in Georgia, and a reference to the FMCSA Associate Administrator is read as the Commissioner of Public Safety except insofar as the term relates to preemption. The same paragraph states the Department's intent that the chapter's rules "shall apply only to intrastate carriers and operations." Rule 570-38-1-.05(2) treats the federal rules as minimum standards and states that Georgia "cannot promulgate less stringent motor carrier safety rules." Rule 570-38-1-.05(4) allows the Department to adopt more stringent rules for trucking companies and truck drivers by administrative order and to publish them in its Transportation Rulebook.^[3]

DPS Transportation Rulebook 1-1(d) states that references to interstate commerce include intrastate commerce. Except as provided in the individual section pages and notes for each Part, DPS 1-1(d) also records the Department's intent that the regulations reach intrastate trucking companies and their operations. Under DPS 1-1(c), a reference to the FMCSA Administrator "shall be interpreted to mean Commissioner, Georgia Department of Public Safety," except insofar as the term relates to preemption. DPS 1-390.3(l) makes the Department's Transportation Rules applicable to commercial motor vehicles that transport property or passengers in interstate or intrastate commerce, except as expressly exempted by law. The same paragraph extends those rules to employers and to employees, such as a truck driver. Under DPS 1-390.3(m), the transportation of hazardous materials in interstate and intrastate commerce is "fully subject to the applicable provisions of this Chapter."^[2]

O.C.G.A. 40-1-8(b)(2)(A) sets the statutory age split for a truck driver employed by a trucking company: at least 18 years of age to operate intrastate and at least 21 years of age to operate interstate. O.C.G.A. 40-1-8(b)(2) also has the commissioner's rules require that such a truck driver possess a valid driver's license and be "fully competent and sufficiently rested to operate the motor vehicle under his or her charge." Under O.C.G.A. 40-1-8(b)(3), accidents arising from or in connection with the operation of commercial motor vehicles are reported to the commissioner of transportation, so a truck crash meeting that description is reported in the detail and manner that commissioner requires. O.C.G.A. 40-1-8(e) authorizes the commissioner to adopt rules and orders to enforce that Code section, and those rules and orders have "the same dignity and standing as if such rules and orders were specifically provided in this Code section." The same subsection lets the commissioner establish exceptions or exemptions affecting a truck driver or trucking company, within federal program requirements and the protection of the public.^[1]

Driver age and medical qualification exceptions for intrastate drivers

DPS Transportation Rulebook 1-391.75 provides that the minimum age provision in Section 391.11(b)(1) does not apply to a truck driver of a lightweight commercial motor vehicle, as defined in DPS 1-390.5, operated in interstate or intrastate commerce. The same rule sets that provision aside for a truck driver of a commercial motor vehicle "engaged solely in intrastate commerce." A truck driver in either the lightweight or the intrastate category "need only be 18 years of age." O.C.G.A. 40-1-8(b)(2)(A) states the same intrastate floor by statute and sets at least 21 years of age for interstate driving for a trucking company, while DPS 1-391.75 also sets aside the minimum age provision for a lightweight commercial motor vehicle driver in interstate commerce.^[2][1]

DPS 1-391.2(d) excepts truck drivers of commercial motor vehicles from listed provisions of Part 391 when its terms and conditions are met. The listed exceptions reach Section 391.41(b)(3), relating to diabetes mellitus, and Section 391.41(b)(8), relating to epilepsy. The vision exception, from Section 391.41(b)(10), applies to a truck driver in intrastate operation with distant visual acuity of at least 20/40 (Snellen) in one eye without corrective lenses, or corrected to 20/40 (Snellen) or better with corrective lenses. The intrastate vision terms also call for distant monocular acuity of at least 20/40 (Snellen) in one eye with or without corrective lenses and a field of vision of at least 70 degrees in the horizontal meridian in one eye. The truck driver also needs the ability to recognize traffic signal and device colors showing standard red and green, along with amber. Under paragraph (4) of that rule, no truck driver may be grandfathered after March 31, 1993. A grandfathered truck driver stays qualified under those exceptions "so long as the driver is physically examined every 24 months" and the examining physician determines that the existing medical or physical condition that would render the driver not qualified "has not worsened or another condition has not manifested itself."^[2]

DPS 1-391.43(i) requires a truck driver authorized under Section 391.2(f) to operate a commercial motor vehicle solely in intrastate commerce to furnish the examining medical examiner with a copy of the medical findings behind the first examination that allowed intrastate-only operation. Under DPS 1-391.43(j), when a medical examiner finds a grandfathered truck driver qualified to drive a commercial motor vehicle only in intrastate commerce, the medical examiner's certificate carries the statement "MEDICALLY UNQUALIFIED UNLESS DRIVING INTRASTATE." The rule also allows another statement identifying the holder as a grandfathered truck driver.^[2]

DPS 1-391.61(a) provides that Section 391.21 on employment applications and Section 391.23 on investigations and inquiries, along with the road test rules in Sections 391.31 and 391.33, do not apply to a single-employer truck driver of a trucking company in interstate commerce whose continuous service began before January 1, 1971, as long as that person remains a single-employer driver of that company. Under DPS 1-391.61(b), the qualification file for a truck driver of a for hire trucking company engaged solely in intrastate commerce, regularly employed by that company for a continuous period that began before July 1, 1972, includes at minimum the medical examiner's certificate and any waiver letter issued under Section 391.49. That file also holds the note on annual review of the driving record required by Section 391.25 and each state agency's response to the record inquiry under Section 391.25(a). It closes with "Any other matter which relates to the driver's qualifications or ability to drive a motor vehicle safely." DPS 1-391.61(c) requires the same minimum file for a truck driver of a private trucking company engaged solely in intrastate commerce whose continuous employment began before April 1, 1984.^[2]

Hours of service and electronic logging for intrastate carriers

DPS Transportation Rulebook 1-395 adopts 49 CFR Part 395 as amended, except as the Department amends it. Under DPS 1-395.1(k)(3), relying on information from the Georgia Department of Agriculture, the Department finds that Georgia planting and harvesting seasons "cover 365 days each year." DPS 1-395.8(a)(1) has a trucking company subject to Part 395 require each truck driver to record duty status for each 24-hour period, except for a "private motor carrier of passengers (nonbusiness)" as defined in Section 390.5. Under DPS 1-395.8(a)(1)(i), the general ELD deadline was December 18, 2017, while a trucking company operating solely in intrastate commerce was to install ELDs and require each truck driver to use one no later than a compliance date of January 1, 2019. DPS 1-395.8(a)(1)(ii) let a company that used a compliant automatic onboard recording device before December 18, 2017 continue to use it no later than December 16, 2019. If the effective date of the ELD Final Rule changed, DPS 1-395.8(a)(1)(iii) allowed the intrastate compliance date to be extended, but never beyond 3 years from the effective date of the Final Rule as published in the Federal Register.^[2]

DPS 1-395.341 authorizes a temporary hours of service variance, based on the variance authority in Title 49 CFR 350.341(e), during the period December 15, 2014 to February 15, 2015, or during other periods specified by Administrative Order of the Commissioner of Public Safety. The variance reaches only truck drivers and trucking companies operating commercial motor vehicles solely in intrastate commerce in Georgia. Under the variance, a truck driver may drive a maximum of 12 hours, provided the driver has not been on duty for more than 16 hours. For a truck driver, the variance also provides: "Respective of a driver's normal work week, a driver may not drive after having been on duty 70 hours in 7 consecutive days or 80 hours in 8 consecutive days." All other records of duty status and hours of service requirements in state and federal law "remain in full force and effect." The variance does not apply to the transportation of placarded hazardous materials, to vehicles designed or used to transport 16 or more people including the driver, to operation in interstate commerce including interstate freight, or to truck drivers and companies that exceed it. The Commissioner of Public Safety may rescind DPS 1-395.341 and any associated orders at any time "to protect life, health, or safety."^[2]

DPS 1-390.39(b) exempts a vehicle engaged in the transportation of agricultural commodities and farm supplies from Rule 1-395 on hours of service, subject to stated radius conditions. A radius condition covers truck drivers hauling agricultural commodities from their source to a location within a 150 air-mile radius of that source. Another covers truck drivers hauling farm supplies for agricultural purposes from a wholesale or retail distribution point to a farm or other place of intended use within a 150 air-mile radius of the distribution point. A further condition covers truck drivers transporting farm supplies for agricultural purposes from a wholesale distribution point to a retail distribution point within a 150 air-mile radius of the wholesale distribution point.^[2]

Vehicle classes with reduced rule sets

Under DPS 1-390.5, an agricultural vehicle "means a farm vehicle which is controlled and operated by a farmer," including operation by employees or family members, and is used to haul agricultural products or farm machinery, as well as farm supplies, to or from a farm. The vehicle stays within a 150 air-mile radius of the farmer's farm and is not used in the operations of a for-hire trucking company. It carries no hazardous materials other than those described in 49 CFR 173.5 or 173.6 or otherwise excepted from Subchapter C of Chapter I of Title 49 CFR. Under DPS 1-390.51, in addition to DPS 1-390.39, agricultural vehicles and their truck drivers are subject only to Section 391.11(b)(3) and (5), the whole of Part 392 and the whole of Part 393. Section 396.3(a)(1) and Section 396.5 also apply, as do Section 396.7 and a further Department rule in Part 396.^[2]

Under DPS 1-390.5, a covered farm vehicle "means a straight truck or articulated vehicle" registered with a license plate or other designation that lets law enforcement identify it as a farm vehicle. Its truck driver is the owner or operator of a farm or ranch or an employee or family member, and the vehicle hauls agricultural commodities, livestock, machinery or supplies to or from a farm or ranch. It is not used in for-hire operations, although a tenant hauling the landlord's portion of the crops under a crop share farm lease agreement is not treated as for-hire. A covered farm vehicle with a gross vehicle weight or gross vehicle weight rating, whichever is greater, of 26,000 pounds or less may use the Section 390.39 exemptions anywhere in the United States. A heavier covered farm vehicle, of more than 26,001 pounds, may use them in the State of registration or across State lines within 150 air miles of the farm or ranch. Under DPS 1-390.39(a), covered farm vehicles are exempt from Rule 1-383 on commercial driver's licenses, Rule 1-382 on controlled substance and alcohol testing, Rule 1-391 Subpart E on physical qualifications and examination, Rule 1-395 on hours of service, and Rule 1-396 on inspection and repair as well as maintenance. Otherwise, a covered farm vehicle operated in Georgia stays subject to the commissioner's safety rules, and a truck driver using these exemptions may also rely on other exemptions in that part.^[2]

Under DPS 1-390.5, a pipeline welding truck "means a motor vehicle traveling in the State in which the vehicle is registered or another state" that is owned by a welder and is a pickup style truck. It is also equipped with a welding rig used in the construction and maintenance of pipeline. Its GVWR, GCWR, gross vehicle weight or gross combination weight is 15,000lbs or less under the pipeline welding truck definition. DPS 1-390.53 exempts pipeline welding trucks from registration with the USDOT, Part 390 general requirements, Part 391 driver qualifications, Parts 393 and 396 on parts, accessories, inspection, repair and maintenance, and Part 395 hours of service. A truck driver of such a vehicle remains under the commissioner's other safety rules, and the DPS 1-390.53 exemptions add to other exemptions in that part.^[2]

Under DPS 1-390.5, a volunteer charitable organization "means a bona fide charitable organization recognized by the Internal Revenue Service" under Section 501(c)(3) of the Internal Revenue Code, or is a church meeting the stated Internal Revenue Code requirements. The organization operates only commercial motor vehicles that do not require a commercial drivers' license, so its truck drivers need no such license. It is staffed and managed entirely by volunteers who are paid nothing beyond actual expenses incurred for the organization or per diem within Internal Revenue Code limits. DPS 1-390.52 subjects these organizations and their truck drivers only to Sections 391.11(b)(3) and (5), the whole of Part 392 and the whole of Part 393. The same rule adds Section 396.3(a)(1) and Section 396.5, along with Section 396.7 and a further Department rule in Part 396.^[2]

Under DPS 1-390.5, "Exempt motor carrier means a person engaged in transportation exempt from economic regulation" by FMCSA under 49 U.S.C. 13506 or by the Georgia Department of Public Safety. The same term reaches a trucking company engaged in the contract transportation of U.S. Mail. Those exempt trucking companies "are subject to the Department's safety and hazardous material rules and regulations." Lightweight commercial motor vehicles take the meaning given in O.C.G.A. 40-1-1, as DPS 1-390.5 provides. Under DPS 1-390.50, a lightweight commercial motor vehicle and its truck driver comply only with Section 391.11(b)(2), (3), (5), and (7) and with portions of the Parts that follow. Sections 392.8, 392.22, 392.62 and 392.63 are carved out of Part 392, and the remainder of that Part applies. Section 393.95 is carved out of Part 393, while the rest of that Part applies. Sections 396.3(b), 396.11, 396.13, 396.15 and 396.17 are likewise carved out of Part 396, leaving the remainder in force.^[2]

Intrastate registration, identification numbers and markings

Under DPS 1-365.603, an intrastate trucking company, a leasing company leasing to a trucking company, a broker or a freight forwarder that engages in intrastate commerce and operates a commercial motor vehicle on a public highway of Georgia registers with the Department "unless such carrier is currently registered under the Unified Carrier Registration Program." Unless otherwise specifically provided by State or Federal law, DPS 1-365.602(b) also states that "the rules in this subchapter do not apply to" its listed categories, including government transportation, agricultural vehicles in intrastate commerce, volunteer charitable organizations and "Private Motor Carrier of Passengers Non-business" operations. O.C.G.A. 40-1-100(16) defines "public highway" only "As used in this part," and DPS 1-365.603 does not state whether it adopts that definition. O.C.G.A. 40-1-8(b)(4) has the commissioner require distinctive markings on each commercial motor vehicle, in compliance with the "applicable provisions of the federal Unified Carrier Registration Act of 2005."^[2][4][1]

DPS 1-365.601 provides that a commercial motor vehicle under that part "means any self-propelled or towed motor vehicle used on a highway in intrastate commerce" to transport passengers or property when it meets one of the listed tests. The weight test is met at 4,536 kg (10,001 pounds) or more of weight or weight rating, whichever is greater. A passenger test is met by a design or use to carry more than 10 passengers, including the driver, when the vehicle is not used to transport passengers for compensation. A hazardous materials test is met when the vehicle carries material the Secretary of Transportation finds hazardous under 49 U.S.C. 5103, transported in any quantity. Unless otherwise specifically provided by State or Federal law, DPS 1-365.602(b) provides that "the rules in this subchapter do not apply to" school bus operations, government transportation, occasional transport of personal property by individuals "not for compensation nor in the furtherance of a commercial enterprise," and transport of human corpses or emergency transport of sick and injured persons. The same exceptions cover fire trucks and rescue vehicles in emergency operations, agricultural vehicles in intrastate commerce, volunteer charitable organizations, and "Private Motor Carrier of Passengers Non-business" operations.^[2]

Under DPS 1-390.19(j), a trucking company or intermodal equipment provider operating solely in intrastate commerce uses the FMCSA Unified Registration System to obtain an identification number and updates its MCS-150 filing on the schedule set for interstate companies. That requirement does not reach a trucking company that also engages in interstate or foreign commerce and has registered with the FMCSA. A trucking company that begins interstate operations after operating solely in intrastate commerce complies with 49 CFR 390.19 and updates its FMCSA registration. Under DPS 1-390.19(k), failure to register with the FMCSA, or furnishing misleading information or making false statements on the registration, subjects the offender to civil and/or criminal penalties as provided for by law.^[2]

DPS 1-390.21(h) extends the marking requirements to commercial motor vehicles and intermodal equipment whether engaged in interstate or intrastate commerce, subject to its lightweight vehicle provision. A trucking company engaged solely in intrastate transportation displays its identification number with the USDOT marking followed by the letters GA, as in "USDOT 000000 GA". Under DPS 1-390.21(h)(2), a lightweight commercial motor vehicle, other than a limousine vehicle, is marked with the name of the trucking company and its city and state of principal domicile, along with a company telephone number. Under DPS 1-390.21(h)(4), a person claiming the covered farm vehicle exception, such as a truck driver operating the vehicle, may carry a Covered Farm Vehicle Designation Certificate prescribed by the commissioner and present it on request of a Department law enforcement officer, or may use a state license plate or other special designation. That exception draws on the DPS 1-390.39(a) exemptions from Rules 1-383, 1-382, 1-391 Subpart E, 1-395 and 1-396.^[2]

Related provisions outside this entry

O.C.G.A. 40-1-8(d), on civil monetary penalties and where a penalty collection action is brought, is outside this entry. DPS 1-396.9, on roadside inspections and out-of-service declarations, is also outside this entry. O.C.G.A. 40-1-100 defines terms "As used in this part," among them "Certificate" and "Permit", without naming that part. Apart from the "motor carrier" definition with its O.C.G.A. 40-1-100(12)(B) exclusions and the "public highway" definition noted earlier in this entry, its terms are outside this entry. The official code notes to O.C.G.A. 40-1-8 and O.C.G.A. 40-1-100 record amendments, which this entry does not trace. Court decisions decide how these rules apply to a particular truck driver, and this entry does not cover those decisions.^[1][4][2]

See also: Flanagan Law truck accident practice

See also

On related publications

• Georgia truck-crash law notes (truckaccidentlawyer.wiki)
• Liability and comparative fault in Georgia (caraccidentlawyers.wiki)