The electronic logging device (ELD) mandate has brought forward a lot confusion about whether a specific vehicle and/or operation must comply or is exempt. This blog breaks down each hours-of-service (HOS) exemption and outlines who it applies to.
How Do I Know if the Vehicle is a CMV?
The first order of business is to determine whether or not a vehicle that is being operated in the United States is, in fact, a commercial motor vehicle (CMV).
A CMV is a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a:
- Combination Vehicle (Group A) — having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
- Heavy Straight Vehicle (Group B) — having a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or
-
Small Vehicle (Group C) — that does not meet Group A or B requirements but that either:
a) Is designed to transport 16 or more passengers, including the driver; or
b) Is of any size and is used in the transportation of hazardous materials as defined in this section.
If the vehicles meets the definition of a CMV, and is not otherwise under a specific exception or waiver, then a motor carrier can either use paper logs, an electronic system to capture hours-of-service, or an AOBRD or ELD-compliant device depending on specific scenarios.
There are additional exceptions to the regulations that are afforded to different types of operations.
What are These Exceptions and Who Can Use Them?
Below is a table that explains all of the different scenarios that create exceptions for the hours-of-service (HOS) regulations in the United States.
Now that the ELD mandate is in place effective December 18, 2017, the following operators of CMVs will remain exempt from the ELD rule making, but will still have to complete paper logs in compliance with the hours-of-service regulations:
- Drivers using paper RODS no more than 8 days out of every 30 day period
- 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
- Drivers of vehicles manufactured before model year 2000
|
Category |
Type of Exception |
Conditions That |
|
100 Air-Mile Radius |
Logbook not required |
Report and return to work reporting location within 12 consecutive hours Stay within 100 air-mile radius of work reporting location Keep time records showing time in, time out, and total number of hours. |
|
150 Air-Mile Radius |
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 |
|
Adverse Weather Conditions |
Up to 2 additional hours of driving time |
Additional driving time must fall within 14-hour driving window Weather or traffic condition must be unknown at start of run |
|
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 |
|
Agricultural (Farm Vehicle) Operations: 10,001 Through 26,000lbs |
All hours-of-service regulations among others |
Agricultural (Farm Vehicle) Operations: 10,001 through 26,000lbs |
|
Agricultural (Farm Vehicle) Operations: 26,001lbs or Greater |
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 |
|
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 |
|
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 placecarded for hazardous materials |
|
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 |
|
Emergency Relief |
All hours-of-service regulations, among others |
Declared national, regional, State, or local emergency |
|
Emergency Driving Conditions |
All hours-of-service regulations |
Legal run could have been completed if there was not an emergency |
|
Federal Government Operated |
All hours-of-service regulations, among others |
None |
|
Fire and Rescue, Emergency Operation (Non-Government) |
All hours-of-service regulations, among others |
None |
|
Ground Water Well Drilling |
24 consecutive hours off duty restarts 6-hour/7-day or 70-hour/8-day limit |
Vehicle used primarily in transportation and operations of a groundwater well drilling rig |
|
Logging Short Stops |
Stops of less than 15 minutes can be flagged Rounding is not addressed Multiple On-Duty and driving periods in a city can be aggregated |
Stops of 8 minutes or more should be logged as 15 minutes Stops of less than 8 minutes should be flagged Multiple On-Duty and driving periods in a city can be aggregated |
|
Hawaii |
Logbook not required |
Keep time records showing time in, time out, and total number of hours |
|
Local Government Operated |
All hours-of-service regulations, among others |
None |
|
Movie and Television Production |
10 hours driving time 15-hour 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 or normal work reporting location |
|
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 |
|
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
|
|
Personal Property Occasional Transportation |
All hours-of-service regulations |
Transportation unrelated to any commercial activity |
|
Propane Winter Heating Fuel; Pipeline Emergencies |
All hours-of-service regulations |
Emergency conditions as defined in 390.5 |
|
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 |
|
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 |
|
School Bus |
All hours-of-service regulations |
Transportation of school children and/or school personnel from home to school and from school to home |
|
School Bus |
See “Local government operated” entry above
|
|
|
Short-Haul Exception *Also see the “100 air-mile radius driver” and “150 air mile radius driver” entries atbeginning 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 the 150 air-mile radius exception (see above) |
|
State Government Operated |
All hours-of-service regulations, among others |
None **Intrastate exceptions may be different. Check with State enforcement for details.
|
|
Tow Truck Responding to Emergency |
All hours-of-service regulations, among others |
When responding to government request for wrecked/disabled vehicles |
|
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 any new construction activity |
Are You Exempt From the ELD Mandate?
If you don’t qualify for one of the exemptions listed above, it’s time for you and your drivers to achieve ELD compliance! BigRoad’s DashLink ELD is the #1 ELD compliance solution. Why? Because simple and affordable. For a limited time, we’re offering all new customers 3 months free when they purchase a DashLink ELD, paid upfront, on a one-year term. That’s 15 months for the price of 12! Click the button below to get started now.
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