Dutchman Tree Farms, LLC. operates Commercial Motor Vehicles (CMV) that fall under many categories, some under the Covered Farm Vehicle exemptions in CFR § 390.39, and some that are not (in the case of rented or leased CMVs).
In addition, throughout the course of a week/month, a single driver may fall under the exemptions granted for being a Farm Vehicle Driver, others in Short-haul operations, and other times not (often in the case of interstate travel).
In regards to the electronic logging of the Driver's record of duty status, Dutchman Tree Farms follows the regulations as set forth below in Part 395.8 regarding driver's record of duty status:
Specifically as quoted from the above links, as of 9/27/2021, with special reference to the highlighted sections:
§ 395.8 Driver's record of duty status.
(1)Except for a private motor carrier of passengers (nonbusiness), as defined in § 390.5 of this subchapter, a motor carrier subject to the requirements of this part must require each driver used by the motor carrier to record the driver's duty status for each 24-hour period using the method prescribed in paragraphs (a)(1)(i) through (iv) of this section, as applicable.
(i)Subject to paragraphs (a)(1)(ii) and (iii) of this section, a motor carrier operating commercial motor vehicles must install and require each of its drivers to use an ELD to record the driver's duty status in accordance with subpart B of this part no later than December 18, 2017.
(ii)A motor carrier that installs and requires a driver to use an automatic on-board recording device in accordance with § 395.15 before December 18, 2017 may continue to use the compliant automatic on-board recording device no later than December 16, 2019.
(A)A motor carrier may require a driver to record the driver's duty status manually in accordance with this section, rather than require the use of an ELD, if the driver is operating a commercial motor vehicle:
(1)In a manner requiring completion of a record of duty status on not more than 8 days within any 30-day period;
(2)In a driveaway-towaway operation in which the vehicle being driven is part of the shipment being delivered;
(3)In a driveaway-towaway operation in which the vehicle being transported is a motor home or a recreation vehicle trailer; or
(4)That was manufactured before model year 2000, as reflected in the vehicle identification number as shown on the vehicle's registration.
(B)The record of duty status must be recorded in duplicate for each 24-hour period for which recording is required. The duty status shall be recorded on a specified grid, as shown in paragraph (g) of this section. The grid and the requirements of paragraph (d) of this section may be combined with any company form.
Drivers operating a non-covered farm vehicle (or vehicle manufactured after the year 2000), in a non-farm vehicle driver status, in an interstate move are instructed the following:
- If in the current 30-day period (beginning on the 1st day of the current month),
- if there are less than 8 days of duty status in the current period, complete the record of duty status manually
- If the current trip and return will exceed the 8 day period, obtain the device and instructions to log the remaining trips for that period using an ELD.
- If the 8 day period has been met or exceeded, obtain the device and instructions to log the remaining trips for that period using an ELD.
If you have any questions or would like to speak with the shipping department, please call 231-839-7901 and ask to speak with shipping.