Complete List Of Exceptions To Hours-Of-Service Rules For Truck Drivers
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Category:
Type Of Exception:
Conditions That Must Be Met:
FMCSA Reg:
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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)
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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)
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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
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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
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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)
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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)
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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)
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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)
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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
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Emergency relief
All hours-of-service regulations, among others
Declared national, regional , State, or local emergency
§390.23
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Emergency driving conditions
All hours-of-service regulations
Legal run could have been completed if there wasn’t an emergency
§395.1(b)(2)
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Federal government operated
All hours-of-service regulations, among others
None
§390.3(f)(2)
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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)
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Hawaii
Logbook not required
Keep time records showing time in, time out, and total number of hours
§395.1(i)
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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)
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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)
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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)
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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)
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Personal property occasional transportation
All hours-of-service regulations
Transportation unrelated to any commercial activity
§390.3(f)(3)
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Propane winter heating fuel; pipeline emergencies
All hours-of-service regulations
Emergency conditions as defined in §390.5
§390.3(f)(7)
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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)
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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)
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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)
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School bus government operated
See “Local government operated” entry above
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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)
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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)
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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)
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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)
FMCSA Interstate Truck Driver’s Guide to Hours of Service