The Texas ELD mandate: federal device, Texas hours
Texas-only carriers log on the same registered ELDs as interstate fleets, but the hours those logs are measured against are Texas's own. Getting the two to match is where most intrastate mistakes start.
Texas intrastate hours in numbers
The Texas ELD mandate requires intrastate carriers running trucks over 26,000 pounds to record hours of service on a registered ELD unless an exemption applies. The device standard is federal, but the limits are Texas's own: 12 hours of driving after 8 off, no driving after 15 hours on duty, and 70 hours in 7 days.
The Texas ELD mandate is easy to misread because of one mismatch: the device on the dash is built for the federal rule book, while a Texas-only driver is held to a different one.
This guide is for carriers whose trucks stay in Texas, and for mixed fleets that run both kinds of loads. It covers who has to use an ELD, the limits it should be measured against, the exemptions Texas allows, and how to set up the device so its warnings mean something.
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Key takeaways
Texas requires ELDs for intrastate trucks
Texas rule 37 TAC 4.12 requires an ELD for intrastate drivers unless an exemption applies, using the same federal device standard.
Texas sets its own hours
Intrastate drivers may drive 12 hours after 8 off, stop driving after 15 hours on duty, and work 70 hours in 7 days.
No 30-minute break for intrastate drivers
Texas's limits replace the federal section that contains the break, and the DPS guide confirms the break doesn't apply intrastate.
A Texas-only trip can still be interstate
A load that started or will end outside Texas is interstate commerce, so federal limits apply even if the truck never leaves the state.
The ELD records; it doesn't judge
Federal specs don't require ELDs to flag violations, so any alerts your provider adds must be set to the Texas limits.
In this articleContents
What is the Texas ELD mandate?
The Texas ELD mandate is the Texas Department of Public Safety (DPS) rule that intrastate carriers must have drivers record duty status on an electronic logging device. It sits in the Texas Administrative Code, title 37, section 4.12, and it requires an ELD that meets the federal standard in subpart B of 49 CFR Part 395.
Texas gets there by adopting the federal safety regulations for intrastate traffic in section 4.11 and then writing its own exceptions in 4.12. For intrastate vehicles, the DPS director takes FMCSA's role.
Which Texas trucks are covered?
Under 37 TAC 4.11, the rules apply to intrastate vehicles that are:
- Over 26,000 pounds, by actual gross weight or gross weight rating
- Farm vehicles of 48,000 pounds or more
- Designed or used to carry more than 15 passengers, including the driver
- Hauling hazardous materials that require placards
Federal rules start at 10,001 pounds for interstate trucks, so a Texas-only straight truck between those weights, without placarded hazmat, falls outside the Texas ELD rule. If you are still deciding between Texas and federal authority, our guide to starting a trucking company in Texas covers that choice.
What hours-of-service limits does a Texas ELD track?
A Texas intrastate driver is measured against 12 hours of driving after 8 consecutive hours off, no driving after 15 hours on duty, and 70 hours on duty in any 7 consecutive days. Section 4.12 says the federal limits in 49 CFR 395.3 don't apply to intrastate commerce.
| Limit | Texas intrastate | Federal interstate |
|---|---|---|
| Driving | 12 hours after 8 consecutive hours off | 11 hours within a 14-hour window after 10 hours off |
| End of driving | No driving after 15 hours on duty | No driving after the 14th hour since coming on duty |
| Weekly | 70 hours in 7 days; 34 hours off restarts it | 60 hours in 7 days or 70 in 8; 34 hours off restarts it |
| 30-minute break | Not required | Required after 8 hours of driving |
Breaking the 12- or 15-hour limit puts the driver out of service for 8 consecutive hours. Breaking the 70-hour limit keeps the driver out of service until no longer in violation.
Texas also has its own sleeper-berth split, built on 8 hours instead of 10, and allows up to 2 extra hours of driving when unforeseen adverse conditions such as fog, ice, or unusual traffic slow a run. Drivers hauling oilfield equipment or construction materials may restart their 7-day period after 24 consecutive hours off instead of 34.
When is a Texas-only trip still interstate?
A trip that never leaves Texas is still interstate commerce when the freight's journey started or will end outside the state. Federal rules define interstate commerce to include moves between two places in one state as part of a shipment originating or terminating outside it, as in 49 CFR 390.5T.
An import container drayed from a Texas port to a Texas warehouse, or the final leg of freight that arrived by rail from another state, fits that definition. On those loads the federal 11-, 14-, and 60- or 70-hour limits apply, along with the 30-minute break.
The weekly limit looks back at all on-duty time, and the federal definition of on-duty time covers any work for a motor carrier. When a driver switches from Texas-only work to an interstate load, the hours worked on intrastate days still count toward the federal 60 or 70.
Who is exempt from the Texas ELD mandate?
Texas drivers can skip ELDs when they qualify for the Texas short-haul exception, log on no more than 8 days in any 30, or fall under one of the industry exemptions in 37 TAC 4.12. Each one has conditions, and a driver who misses them on a given day logs that day.
The Texas 150 air-mile short-haul exception
A driver needs no record of duty status, and so no ELD, when operating within 150 air-miles of the normal work reporting location, returning and being released within 14 consecutive hours, and taking at least 8 consecutive hours off between shifts. The carrier keeps time records for 6 months: start time, total on-duty hours, release time, and the previous 7 days for new or intermittent drivers.
The federal version requires 10 hours off between shifts, not 8, so an interstate short-haul driver can't borrow the Texas terms.
Other exemptions Texas recognizes
- Occasional loggers: drivers who need logs on no more than 8 days in any 30-day period may use paper
- Older engines and driveaways: vehicles made before model year 2000, and certain driveaway-towaway moves
- Agriculture: intrastate drivers hauling agricultural commodities for agricultural purposes within 150 air-miles of the source are outside the hours rules entirely, and Texas defines planting and harvesting seasons as January 1 through December 31
- Utility service vehicles: exempt from the hours rules in both intrastate and interstate commerce
- Specialty equipment: well-servicing rigs, mobile cranes, and seed-cotton vehicles operated intrastate are outside the adopted federal safety rules
How do you set up an ELD for Texas intrastate hours?
Set each driver's hours-of-service alerts to the rules they actually run under, and change them when the operation changes. FMCSA's ELD FAQ says its device specifications don't require ELDs to identify violations at all; some providers add that feature, and it is only as accurate as its settings.
A device left on federal limits would warn a Texas-only driver at 11 hours and demand a 30-minute break that Texas doesn't require, while a device set to Texas limits would let an interstate driver run past 11. Ask your provider whether it supports a Texas intrastate rule set, and who switches it when a driver takes an interstate load.
The rest of ELD compliance works the same in Texas: a device on FMCSA's registered list, an account for every driver, and a backup of the records. Our ELD compliance guide covers the carrier side, and our guide to how an ELD logs the driver's day covers what happens in the cab.
How Simplex helps Texas carriers with ELDs and hours of service
Texas-only, interstate, or both: we help you match the device, the rule set, and the records to the way your trucks actually run.
ELD solutions
Simplex offers ELD solutions for small fleets and owner-operators, with help setting up driver accounts and records.
Texas DOT compliance
Our Texas DOT compliance services cover hours of service, driver files, and the state and federal filings a Texas carrier needs.
Ongoing HOS reviews
Our compliance programs include hours-of-service management, CSA monitoring, and mock audits.
Frequently asked questions
Does Texas require ELDs for intrastate drivers?+
How many hours can a Texas intrastate driver drive?+
Do Texas intrastate drivers need a 30-minute break?+
Which ELD can I use in Texas?+
Can a Texas short-haul driver skip the ELD?+
Where this information comes from
The requirements below come from the Texas Administrative Code, Texas DPS, federal regulation, and FMCSA, checked on October 16, 2026.
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1
37 Tex. Admin. Code § 4.12 (Cornell LII text)
Texas intrastate ELD requirement, 12-, 15-, and 70-hour limits, short-haul, agricultural, and other exceptions.
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2
37 Tex. Admin. Code § 4.11 (Cornell LII text)
Which intrastate vehicles are covered, the September 1, 2022 adoption date, and the year-round harvest season.
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3
Texas DPS — A Texas Motor Carrier's Guide to Highway Safety (MCS-9)
DPS's Part 395 summary: intrastate limits, no 30-minute break, ELD exceptions, short-haul time records.
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4
eCFR — 49 CFR 395.3
Federal 11-hour, 14-hour, 30-minute break, and 60/70-hour limits.
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5
eCFR — 49 CFR 395.8
ELD requirement and the 8-days-in-30, driveaway-towaway, and pre-2000 exceptions.
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6
eCFR — 49 CFR 390.5T
Definition of interstate commerce, including in-state legs of out-of-state shipments.
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7
FMCSA — ELD Frequently Asked Questions
ELDs aren't required to identify hours-of-service violations; alerts are a provider add-on.
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8
Federal Register — Rescinding the ELD Operator's Manual Requirement
Federal removal of the in-cab ELD manual, effective July 22, 2026.
Written by
Simplex Group
Permits & Fuel Tax Team, Simplex Group
Reviewed for technical accuracy by a Simplex permitting manager before publication. Simplex has registered and filed permits and fuel taxes for interstate carriers across all 50 states for more than 20 years.
Published · Updated
Related articles and services
Measure every log against the rules the load runs under
The ELD is the same in Texas as anywhere else. What changes is the rule book, and it can change from one load to the next.
If you run Texas-only trucks, interstate loads, or both, talk to our team about setting up your ELDs and hours-of-service checks to match.