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Source: Federal Motor Carrier Safety Administration


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100 AIR-MILE EXCEPTION DRIVERS - Section B

B-1. Does the driving time for drivers choosing to use the 100 air-mile radius exception (requiring no log book) increase to 11 hours or is it kept at its current limitation of 10 hours driving?

A property-carrying driver using the 100 air-mile radius exception is subject to the 11-hour driving time, 12-hour maximum duty period, and 10-hour off-duty time requirements of the new rule. However, a passenger-carrying driver using the 100 air-mile radius exception is subject to the 10-hour driving time, 12-hour maximum duty period, and 8-hour off-duty time requirement of the old rule. For both categories of drivers, if the driver exceeds the 12-hour maximum duty period, the driver must maintain a logbook for that day.[Revised 12/30/03]

B-2. May a "100 air-mile radius" driver utilize the "16-hour duty period" exception in 395.1(o)?

Yes. A driver operating under the 100 air-mile exception in 395.1(e) may also meet the requirements in 395.1(o) enabling the driver to have 1 period of 16 hours duty each week (or after a 34-hour restart). However, on the day in which the 16-hour exception is utilized, the driver would not meet the 12-hour duty period requirement of the 100 air-mile logbook exception and would therefore be required to maintain a logbook for that day.[Posted 12/30/03]

B-3. May drivers who work split shifts take advantage of the 100 air-mile radius exemption found at 395.1(e)?

For property-carrying drivers, the concept of "split shifts" is no longer relevant due to the limitations of the 14-hour rule. The exception in 49 CFR 395.1(e) only provides an exception to the record of duty status (RODS), i.e., "logbook," requirements. It does not exempt the driver from any requirements of the HOS rules.

A driver may go on and off duty multiple times during a duty tour, but all of the on- and off-duty time (with certain sleeper berth exceptions) continues to accumulate toward the 14-hour time limit. A driver utilizing the 100 air-mile radius exception would also be limited by the 14-hour rule. Regardless of how many times the driver goes on and off duty during the duty tour, if the driver exceeds a total of 12 consecutive hours from first starting the daily duty tour, the 100 air-mile exception would no longer apply and the driver will be required to maintain a RODS.

Prior Regulatory Guidance ( 395.1 Question 19) on this subject no longer applies to property-carrying drivers.[Posted 12/30/03]