Simplified Trucking Regulations – Adverse Driving and Non-CDL Short-Haul Exceptions

In this edition of Simplified Trucking Regulations, we will begin to delve into the intricacies of exceptions, starting with adverse driving conditions and Non-CDL Short-Haul Exceptions.

Remember, under the Hours of Service guidelines, drivers typically have a 14 hour window to drive up to 11 hours. This means that within 14 hours, drivers should have ample time to drive 11 hours and take breaks to prevent driver fatigue. In addition, drivers are required to take a 30 minute break within the first 8 hours of driving. If they drive less than 8 hours, they are allowed to drive the entire distance without a break. And, each week, drivers are allowed either 60 hours of on-duty time within a seven day period, or 70 hours within an eight day period.

The Adverse Driving Conditions Exception

Under the adverse driving conditions exception, if unexpected conditions force you to slow down, you may drive up to two extra hours to complete what could have been driven under normal conditions. However, you must still comply with the 14-hour window and stop driving once 14 hours have passed after coming on duty.

Adverse driving conditions are unexpected conditions such as

• snow;
• fog; or
• a shut-down highway due to a crash or spill.

Normal conditions include rush-hour traffic, potholes, road construction, etc. because, from the regulators’ perspective, a driver should know about these and have planned for them in advance before getting behind the wheel.

For example, under the following scenario, a driver is extending their driving time by 2 hours and staying within the 14-hour window:

Let’s say a driver comes on duty at 8 am and begins driving at 9am and planned to stop driving at 8:30 pm, with one 30 minute break. After four hours of driving, the driver is forced to slow down, stop and re-route because the highway was shut down due to an accident. The driver can now drive until 10 pm to make up for the time lost getting back on their route. At 10 pm, the driver is required to stop driving and rest for 10 consecutive hours before starting on-duty time again.

Non-CDL Short-Haul Exception

The next exception outlined in the truck driver’s guide to hours of service is the Non-CDL Short-Haul Exception. This exception applies to commercial motor vehicle drivers who:

• Drive a vehicle that does not require a commercial driver’s license (CDL); and,
• Drive short distances within a 150 air-mile radius (115.08 statute-mile radius) from their normal work reporting location and return there each day.

According to this exception, in a 7-consecutive-day work period, a driver may extend their 14-hour driving window up to 16 hours on two days. However, while the driver may extend their driving window, they are still required to only drive 11 hours during that window and to comply with the 60/7 or 70/8 day work week.

In addition, drivers who wish to use this exception must do so within the first 5 days of their work week period. They must also stop driving once 8 consecutive hours pass since their last off-duty (break) period of 30 minutes.

Lastly, under the Non-CDL Short-Haul Exception, drivers are not required to keep a log book. Rather, the company must keep accurate and true time records for six months, showing:

• 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 those drivers considering the use of this exception, keep in mind that if you choose to use it, you will be ineligible to use the following exceptions:

• 100 air-mile radius exception;
• 16-hour short-haul exception; and,
• Split sleeper berth provision.

That wraps up this week’s blog on simplifying trucking regulations. Look for the next blog, detailing the 16-hour short-haul exception and the split sleeper berth provision.