Hours Of Service Exemptions
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Exceptions From the Hours-of-Service Regulations |
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Category |
Type of Exception |
Conditions That Must Be Met |
49 CFR Section |
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Adverse driving conditions |
• Up to 2 additional hours of driving time |
Drivers are allowed to extend the 11/10-hour maximum driving limit and 14/15-hour driving window by up to 2 hours when adverse driving conditions are encountered. |
§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) |
• All hours-of-service regulations, among others |
• None |
§390.3(f)(5) |
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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) |
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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 NON- CDL |
• 16-hour driving windows allowed twice per 7-day period, or after any 34-hour restart • Logbook not required |
• Vehicle does not requires a 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 • Reports back to starting location within 14 hours |
§395.1(e)(2) |
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Short-haul exception CDL |
• 16-hour driving windows allowed once per 7-day period, or after any 34-hour restart • Logbook not required |
• Vehicle requires a 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 • Reports back to starting location within 14 hours |
§395.1(o) & §395.1(e)(2) |
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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)A26:D30A26:D30 |
