California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 6 - Division of Labor Standards Enforcement
Subchapter 15 - Public List of Certain Port Drayage Motor Carriers and Customer Sharing of Liability Under Labor Code Section 2810.4
Article 4 - Enforcement
Section 13888 - Determining Customer Liability
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
For purposes of determining customer liability under Labor Code section 2810.4, the following terms used in Labor Code section 2810.4(b)(4) mean as follows:
(a) "From the time the driver is dispatched to begin work on behalf of the customer" means the earlier of the time the driver inspects the truck in preparation for performing services on behalf of the customer, begins to wait to perform services on behalf of the customer, begins to perform services on behalf of the customer by hauling freight, or begins to perform work that is compelled by the necessity of the employer's business on behalf of the customer.
(b) "Until all tasks are completed incidental to that work" includes, in addition to either returning the unladen chassis or intermodal carrier to its point of origin, delivering the unladen chassis or intermodal carrier to its final destination.
(c) "Ready to be dispatched to haul freight on behalf of another customer" means the later of all tasks associated with becoming ready to take on a new assignment, including any vehicle maintenance, completion of paperwork, and obtaining of fuel.
1. New article 4 (section 13888) and section filed 2-16-2022; operative 4-1-2022 (Register 2022, No. 7). (Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)
Note: Authority cited: Section 2810.4, Labor Code. Reference: Section 2810.4, Labor Code.
