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Hours Of Service Exceptions For Truck Drivers

Last Updated: Mar 28, 2017

Complete List Of Exceptions To Hours-Of-Service Rules For Truck Drivers

    FMCSA Interstate Truck Driver’s Guide to Hours of Service

  • Category:

    Type Of Exception:

    Conditions That Must Be Met:

    FMCSA Reg:

  • 100 air-mile radius driver

    Logbook not required

    Report and return to work reporting location within 12 consecutive hours

    Stay within 100 air-mile radius of work reporting location

    Keep time records showing time in, time out, and total number of hours

    §395.1(e)(1)

  • 150 air-mile radius driver

    16-hour driving windows allowed twice per 7-day period, or after any 34-hour restart

    Logbook not required

    Vehicle does not require CDL

    Report and return to normal work reporting location every day

    Stay within 150 air-mile radius of work reporting location

    Keep time records showing time in, time out, and total number of hours

    §395.1(e)(2)

  • Adverse driving conditions

    Up to 2 additional hours of driving time

    Additional driving time must fall within 14-hour driving window

    Weather or traffic condition must be unknown at start of run

    §395.1(b)(1), §395.2

  • Agricultural operations

    All hours-of-service regulations

    Transporting agricultural commodities or farm supplies

    Within 150 air-miles of farm supplies or commodities origin

    During a State’s declared planting and harvesting season

    §395.1(k), §395.2

  • Agricultural [Farm Vehicle Operations; 10,001 through 26,000 lbs. GVW/GVWR]

    AII hours-of-service regulations, among others

    Driven by the owner or operator of a farm or ranch (or by a family member or employee of that person)

    Transporting agricultural commodities, livestock, machinery or supplies to or from the farm or ranch

    License plate or some other means of identifying it as a farm vehicle to enforcement personnel

    Not for-hire

    Not transporting hazardous materials requiring placarding

    No limitation on distance for these lighter vehicles (see next row in table)

    §390.5, §390.39(a)(3)

  • Agricultural [Farm Vehicle Operations; 26,001 lbs. or GREATER GVW/GVWR]

    AII hours-of-service regulations, among others

    Driven by the owner or operator of a farm or ranch (or by a family member or employee of that person)

    Transporting agricultural commodities, livestock, machinery or supplies to or from the farm or ranch

    License plate or some other means of identifying it as a farm vehicle to enforcement personnel

    Not for-hire

    Not transporting hazardous materials requiring placarding

    Anywhere in the vehicle’s home State or extending into another State within a 150 air-mile radius (172.6 land miles) of the operator’s farm or ranch

    §390.5, §390.39(a)(3)

  • Alaska

    15 hours of driving time, 20 hours of duty time, 70 hours/7 days or 80 hours/8 days

    Driving a commercial motor vehicle in Alaska

    §395.1(h)

  • Construction materials and equipment

    24 consecutive hours off duty restarts, 60-hour/7-day or 70-hour/8-day limit

    Vehicle used to transport construction and pavement materials, construction equipment, and construction maintenance vehicles

    To or from active construction site

    Stay within 50 air-miles of normal work reporting location

    Does not apply to vehicles placarded for hazardous materials

    §395.1(m)

  • Driver-salesperson

    60-hour/7-day limit, 70-hour/8-day limit, modified 100 air-mile radius logbook provision

    Sell goods or services

    Stay within 100 miles of work reporting location

    No more than half of all working time spent driving

    Driving time does not exceed 40 hours in any 7 consecutive days

    §395.1(c), §395.2

  • Emergency relief

    All hours-of-service regulations, among others

    Declared national, regional , State, or local emergency

    §390.23

  • Emergency driving conditions

    All hours-of-service regulations

    Legal run could have been completed if there wasn’t an emergency

    §395.1(b)(2)

  • Federal government operated

    All hours-of-service regulations, among others

    None

    §390.3(f)(2)

  • Fire and rescue, emergency operation (non government)

    24 consecutive hours off duty restarts 60-hour/7-day or 70-hour/8-day limit

    Vehicle used primarily in transportation and operations of a groundwater well drilling rig

    §395.1(l)

  • Hawaii

    Logbook not required

    Keep time records showing time in, time out, and total number of hours

    §395.1(i)

  • Local government operated

    All hours-of-service regulations, among others

    None - Intrastate exceptions may be different. Check with State enforcement for details.

    §390.3(f)(2)

  • Movie and television production

    10 hours driving time, 15-hours extendable driving window, 8 consecutive hours off duty

    Transportation of property or passengers to or from a theatrical or television or motion picture production site

    Stay within 100 air-miles of normal work reporting location

    §395.1(p)

  • Oilfield operations

    24-hour “restart” of 70 hours in 8 days calculations

    CMVs used exclusively in transportation of oilfield equipment and servicing field operations gas and oil industry

    Accurate time records must be available for inspection

    §395.1(d)(1)

  • Oilfield operations

    Waiting time at natural gas or oil well site not counted as on-duty time

    Specially trained drivers operating specially constructed vehicles used to service gas or oil wells

    Waiting time must be shown separately on log

    §395.1(d)(2)

  • Personal property occasional transportation

    All hours-of-service regulations

    Transportation unrelated to any commercial activity

    §390.3(f)(3)

  • Propane winter heating fuel; pipeline emergencies

    All hours-of-service regulations

    Emergency conditions as defined in §390.5

    §390.3(f)(7)

  • Railroad signal employees

    All hours-of-service regulations

    Provisions do not apply to a signal employee, as defined in §395.2, who operates a commercial motor vehicle , is engaged in installing, repairing, or maintaining signal systems, is employed by a railroad carrier or a contractor or subcontractor to a railroad carrier, while regulated by the Federal Railroad Administration.

    §395.1(r)

  • Retail store deliveries

    All time limits on driving, duty periods, breaks, time off

    Local deliveries from retail stores and/ or catalog businesses to the ultimate consumer

    Stay within 100 air-miles of normal work reporting location

    Only December 10 through December 25

    §395.1(f)

  • School bus – contractor operated

    All hours-of-service regulations

    Transportation of school children and/or school personnel from home to school and from school to home

    §390.3(f)(1)

  • School bus government operated

    See “Local government operated” entry above

  • Short-haul exception (16-hour)

    16-hour duty period allowed once per 7-day period, or after any 34-hour restart

    Return to work reporting location that day and for last 5 duty tours

    Be released from duty within 16 consecutive hours

    Use once every 7 consecutive days or after a 34-hour restart

    Does not apply if driver is eligible for 150 air-mile radius exception (see above)

    §395.1(o)

  • State government operated

    All hours-of-service regulations, among others

    None - Intrastate exceptions may be different. Check with State enforcement for details.

    §390.3(f)(2)

  • Tow truck responding to emergency

    All hours-of-service regulations, among others

    When responding to government request for wrecked/disabled vehicles

    §390.3(f)(2)

  • Utility service vehicles

    All hours-of-service regulations

    Vehicle being used to repair, maintain, deliver public utility services including electric, gas, water, sanitary sewer, telephone, television cable, or community antenna service

    Includes travel to and from activity sites

    Operates primarily within service area of utility’s subscribers or consumers

    Does not include new construction activity

    §395.1(n)

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Logbook:

A written or electronic record of a driver's duty status which must be maintained at all times. The driver records the amount of time spent driving, on-duty not driving, in the sleeper berth, or off duty. The enforcement of the Hours Of Service Rules (HOS) are based upon the entries put in a driver's logbook.

Regional:

Regional Route

Usually refers to a driver hauling freight within one particular region of the country. You might be in the "Southeast Regional Division" or "Midwest Regional". Regional route drivers often get home on the weekends which is one of the main appeals for this type of route.

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
  • CSA:

    Compliance, Safety, Accountability (CSA)

    The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

    FMCSA:

    Federal Motor Carrier Safety Administration

    The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

    What Does The FMCSA Do?

    • Commercial Drivers' Licenses
    • Data and Analysis
    • Regulatory Compliance and Enforcement
    • Research and Technology
    • Safety Assistance
    • Support and Information Sharing

    DOT:

    Department Of Transportation

    A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

    State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

    GVWR:

    Gross Vehicle Weight Rating

    GVWR is the maximum operating weight of a vehicle as specified by the manufacturer, minus any trailers.

    CMV:

    Commercial Motor Vehicle

    A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

    • Weighs 10,001 pounds or more
    • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
    • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
    • Is designed or used to transport 9 or more passengers (including the driver) for compensation
    • Is transporting hazardous materials in a quantity requiring placards

    Interstate:

    Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

    Intrastate:

    The act of purchasers and sellers transacting business while keeping all transactions in a single state, without crossing state lines to do so.

    Dm:

    Dispatcher, Fleet Manager, Driver Manager

    The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

    Fm:

    Dispatcher, Fleet Manager, Driver Manager

    The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

    TWIC:

    Transportation Worker Identification Credential

    Truck drivers who regularly pick up from or deliver to the shipping ports will often be required to carry a TWIC card.

    Your TWIC is a tamper-resistant biometric card which acts as both your identification in secure areas, as well as an indicator of you having passed the necessary security clearance. TWIC cards are valid for five years. The issuance of TWIC cards is overseen by the Transportation Security Administration and the Department of Homeland Security.

    HOS:

    Hours Of Service

    HOS refers to the logbook hours of service regulations.

    OWI:

    Operating While Intoxicated

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