Marc's Safety Corner

Ask our expert, Marc Moncion, any questions you may have around fleet safety, compliance, DOT audits, roadside inspections or CSA scores. 

Dear Marc,

We haul wood logs and run in 100-mile radius. Drivers leave in the morning and are back home at the end of the day. Are we exempt from the ELD?

 

Dear Reader,

The first order of business is to determine whether or not the vehicles that are being operated by your company in the U.S. are in fact commercial motor vehicles as defined in ‘PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL’. 

In Part 390, a  commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—

  1. Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
  2. Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  3. Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
  4. Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.

 

There are additional exceptions to the HOS regulations that are afforded to different types of operations. Below is a table that explains all of the different scenarios that create exceptions for the hours of service regulations in the United States. 

 

U.S. 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]

  • All hours-of-service regulations among others.
  • Agricultural [Farm Vehicle Operations; 10,001 through 26,000 lbs. GVW/GVWR].

§390.5

§390.39(a)(3)

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

  • All 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 was not 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.
  • Only December 10 through December 25.
  • Local deliveries from retail stores and/ or catalog businesses to the ultimate consumer.
  • Stay within 100 air-miles of normal work reporting location

§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 air mile 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)

 

The 100 air-mile radius driver category is pertinent to your question. In this case, the motor carrier that employs the driver and utilizes this exception must maintain and retain for a period of 6 months accurate and true time records. 

What is prescribed in the current rule must show the following information at a minimum to qualify under this short haul radius exemption:

  • The time the driver reports for duty each day;
  • The total number of hours the driver is on duty each day;
  • The time the driver is released from duty each day; and
  • The total time for the preceding 7 days for a driver that is used for the first time or a part time driver when he/she gets behind the wheel of a commercial motor vehicle.

Some motor carriers do not keep such records, and this can and will result in citations against both the driver and the motor carrier.   

 

Finally with the deployment of ELDs on December 18, 2017,  the following motor carriers of commercial motor vehicles will remain exempt from the ELD rulemaking, but will still nonetheless have to complete paper logs in compliance with the Part 395 Hours of Service.

  • Drivers using paper RODS no more than 8 days out of every 30 day period. (Note: This is likely the exemption that will be applicable to your question.)
  • Driveaway-towaway drivers who transport empty vehicles intended for sale, lease, or repair, as long as the vehicle they are driving is part of the shipment.
  • Drivers of vehicles manufactured before model year 2000. (Note: This may also be an exemption that could be applicable to your question below.)

 

You would have to verify the Engine Model Year of the vehicle on page 5 o the CVSA Inspection bulletin to see if it qualifies or not.

The above information is for informational purposes only, and should in no way be relied upon as legal advice.

  Feb 21, 2019     Marc Moncion

Moncion-Marc

Marc Moncion

Marc is the Head of Safety, Compliance & Regulatory Affairs at Fleet Complete. He is an author and industry subject matter expert who has worked in numerous senior transportation management roles for over 25 years, including an Inspector for the MTO. Marc sits on several Federal/State/provincial regulatory bodies and frequently provides commentary on emerging technology, best practices and regulatory affairs. In addition, Marc is a commercial driver's licence (CCD) holder and can drive all types of commercial vehicles in North America.

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