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Copyright 2023 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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Federal regulations
Florida has adopted Part 395 of the Federal Regulations with the exception of Sec. 395.3 for intrastate drivers not transporting hazardous materials.
Applicability
Part 395 applies to a person who operates a commercial motor vehicle having a gross vehicle weight, gross vehicle weight rating, or gross combined weight rating of 26,001 pounds or more solely intrastate, or a vehicle transporting hazardous materials requiring placarding.
A person who operates a commercial motor vehicle solely in intrastate commerce and is not transporting a placardable amount of hazardous materials may not drive for more than 12 hours following 10 consecutive hours off duty or for any period after the end of the 16th hour after coming on duty following 10 consecutive hours off duty. Note: These limits do not apply to operators of farm labor vehicles operated during a state of emergency declared by the Governor or drivers of utility service vehicles as defined in Sec. 395.2.
A person who operates a commercial motor vehicle solely in intrastate commerce and is not transporting a placardable amount of hazardous materials may not drive after having been on duty more than 70 hours in any period of 7 consecutive days or more than 80 hours in any period of 8 consecutive days if the motor carrier operates every day of the week. Thirty-four (34) consecutive hours off duty shall constitute the end of any 7 or 8 day period. Note: These limits do not apply to operators of farm labor vehicles operated during a state of emergency declared by the Governor or drivers of utility service vehicles as defined in Sec. 395.2.
Agricultural Exception — The 70 hour/7 day or 80 hour/8 day limit do not apply to a person who operates a commercial motor vehicle solely within the state while transporting, during harvest periods, any unprocessed agricultural products or unprocessed food or fiber that is subject to seasonal harvesting from place of harvest to the first place of processing or storage or from place of harvest directly to market or while transporting livestock, livestock feed, or farm supplies directly related to growing or harvesting agricultural products.
Exception — Part 395 does not apply to drivers of covered farm vehicles as defined in Section 316.003 of the Florida Statutes.
Electronic logging device (ELD)
Florida has adopted the electronic logging device (ELD) requirements in Part 395 for intrastate motor carriers and drivers. Compliance is required on October 1, 2019, for vehicles transporting placardable hazardous materials. Compliance is required December 31, 2019, for vehicles not transporting placardable hazmat. [Change Notice]
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