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With the ELD mandate, there is a lot of confusion whether a specific vehicle or operation must comply.  This article will clarify some burning questions about the exemptions of ELD compliance.

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The first order of business is to determine whether or not a vehicle that is being operated in the U.S. is, in fact, a CMV.

As you know, a motor carrier and their driver(s) may need to follow the hours-of-service regulations if they drive a CMV under Part 390 of 49 CFR ‘PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL.

A CMV in general is a truck, or truck-tractor with a trailer, that is involved in interstate commerce and:

(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 regulations that are afforded to different types of operations.

Now that the ELD mandate is in place, effective as of December 18, 2017, the following operators of CMVs will remain exempt from the ELD rulemaking, but will still have to complete paper logs in compliance with the hours of service regulations.

(1) Drivers using paper RODS no more than 8 days out of every 30-day period.

(2) 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.

(3) Drivers of vehicles manufactured before the model year 2000.

U.S. Exceptions From the Hours-of-Service Regulations

Category

Type of Exception

Conditions That Must Be Met

49 CFR Section

150 air mile radius driver

•   Logbook not required.

•  Report and return to normal work reporting location within 14 consecutive hours

•  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)(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.

•   Increases the 14-hour driving by 2 hours to make it a 16-hour driving window.

•   This change applies both to drivers of property-carrying CMVs (14-hour “driving window”) and passenger- carrying CMVs (15-hour “driving window”).

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

  Nov 25, 2020     Marc Moncion

Ask the expert - Marc Moncion (Safety, compliance and regulatory affairs expert)

 

Marc Moncion https://www.linkedin.com/in/marc-m-416a989/

Lead Expert at Fleet Complete

Marc is the Vice President 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 being 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 (CDL) holder and can drive all types of commercial vehicles in North America.

Get to know Marc here!