Hours of Service (HOS) exceptions are legal provisions that offer flexibility to commercial drivers and carriers, allowing them to adjust standard driving limits in certain situations. Understanding and properly applying these exceptions is critical for maintaining compliance and accurate driver logs.
Overview
HOS exceptions allow drivers to deviate from standard regulatory limits under specific conditions, offering flexibility to meet real-world operational needs while ensuring compliance. Motive supports several key HOS exceptions to assist with accurate recordkeeping and regulatory flexibility. Key benefits of HOS exceptions:
- Regulatory flexibility: Allows legal deviation from standard HOS limits in qualifying scenarios.
- Accurate recordkeeping: Ensures logs reflect true circumstances, minimizing violations.
- Driver accountability: Empowers drivers to document exceptions and stay compliant.
- Easy exception management: Streamlines the application and review process through Motive's platform.
Basics
HOS exceptions are special rules under FMCSA (Federal Motor Carrier Safety Administration) and CCMTA (Canadian Council of Motor Transport Administrators) regulations. They enable drivers to deviate from standard HOS limits in specific circumstances, such as adverse weather or agricultural transport. These exceptions help balance regulatory safety requirements with real-life driving demands.
Drivers are responsible for ensuring that any exception they use is valid for their situation and fully compliant with regulations. Proper use of exceptions is crucial for maintaining accurate logs and avoiding costly violations.
Motive supports the following primary HOS exceptions:
- 16-hour short-haul exception
- Adverse driving conditions exception
- Agricultural exemption
Understanding HOS exceptions
16-hour short-haul exception:
- What it does: Extends the 14-hour driving window to 16 consecutive hours.
- Impact: Does not extend the 11-hour driving limit. Time still counts toward the 60/70-hour cycle.
- Key requirements: Start and return to the same reporting location, released within 16 hours, and can only be used once per 34-hour restart.
16-hour short-haul exemption:
This regulation allows a Driver who always starts and ends the day from the same location to get two extra hours once per week or after having taken a cycle reset. These Drivers aren’t limited to any distance radius, but they cannot use both this and the “100 air mile” or 150 air mile” timecard exemptions. These Drivers are required to keep logs.
| Note: This information is intended for informational purposes only and does not constitute, and should not be relied upon as, legal or other professional advice. You should not act or refrain from acting based on any materials presented or made available by Motive without first obtaining advice from a licensed attorney. |
Regulation
49 CFR 395.1(o) Property-carrying driver. A property-carrying driver is exempt from the requirements of §395.3(a)(2) if:
- The Driver has returned to the Driver's normal work reporting location, and the carrier released the driver from duty at that location for the previous five duty tours the Driver has worked.
- The Driver has returned to the normal work reporting location, and the carrier releases the Driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty.
- The Driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8-consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by §395.3(c).
Adverse driving conditions exception:
- What it does: Extends both the 11-hour driving limit and the 14-hour driving window by up to 2 hours to account for unforeseen bad weather or road conditions.
- Impact: Provides up to 13 hours of driving within a 16-hour window.
- Key requirements: Conditions must have been unknown before the trip began.
Agricultural exemption:
- What it does: Exempts drivers from HOS rules while transporting agricultural commodities within a 150 air-mile radius during state planting/harvesting seasons.
- Impact: All HOS clocks are paused, and time spent under the exemption does not count toward 11, 14, or 60/70-hour rules.
- Key requirements: Must be transporting agricultural commodities from the source within the defined radius and time window.
FAQs
How do I know if I qualify for an HOS exception?
Always check FMCSA or CCMTA regulations and your company’s policies. If in doubt, consult your fleet manager.
Can I apply more than one exception on the same day?
Generally, you can only apply one exception per duty period, unless regulations specifically allow combining them.
What if I forget to add an exception to my log?
You or your fleet admin can edit your log and add the exception later, but always include a detailed annotation for compliance.
Are exceptions automatically detected by Motive?
No. Drivers must manually select and document exceptions in the Driver App. Admins can only suggest, not enforce, exceptions.
What happens if I use an exception incorrectly?
Incorrect use can result in HOS violations and possible penalties. Always double-check requirements before applying an exception.
Do exceptions apply in Canada as well as the US?
Some do, but the qualifying criteria may differ. Always review CCMTA guidelines for Canadian operations.
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