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Q: What are the exceptions to the HOS regulations?

A: Exceptions From the Hours-of-Service Regulations

 

Category
Type of Exception
Conditions That Must Be Met
49 CFR Section

100 air-mile radius driver

(Also see driver salesperson) 

  • 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)
  • All hours-of-service regulations, among others
  • None
§390.3(f)(5)
Ground water well drilling
  • 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) Also see the “100 air-mile radius driver” and “150 airmile radius driver” entries at beginning of this Table
  • 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)

Explanation of the various exceptions to the HOS rules

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