Question about 16 hour big day short haul exemption 395.1

Don't wanna highjack the thread but I've heard that the weigh stations in Canada are privately owned aND ran, versus state owe'd aND ran..is it true?

 

The regulation cited earlier is for NON-CDL vehicles.

If you drive a CDL vehicle, the following regulation applies:
395.1(o) Property-carrying driver. A property-carrying driver is exempt from the requirements of § 395.3(a)(2) (14 hr rule) if:
(1) 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;
(2) 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; and
(3) 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).

If you comply with ALL the above provisions, yes, you can take a 16 hr day.

 

Exactly. Beat me to it.

State lines don't matter, because the FMCSA regs only affect interstate (cross state lines) haulers, NOT intrastate (within a single state). If a regulation is found in that little green book, state lines DON'T matter. I get tired of hearing "you can't cross state lines if you're short haul".

16 hour is ONLY available if you get home every night, or at least for the last 5 days you worked. If you've done that and haven't already used the exception, it is perfectly legal to use those extra 2 hours to get home.

@tscottme : NOBODY CARES how many hours you WORK. You could be on line 4 for 36 hours straight and it would not be a violation...providing you did not DRIVE after the 14th hour and did not drive again until you've had a 10 hour break.

 

Yes as long as your duty day starts and ends at the same place

 

Thanks. I noticed my mistake after I posted it. You're right, there is no limit anywhere on the time you can work. The Regs limit driving time.

 

The weather exception is something completely different. The 16 hour exception for folks who go home every night is there to ensure they can make it home in the event anything holds them up during their day.

 

I love the 16 hour day, we routinely use one every week, our auto auction is super busy on Tuesday (day before their weekly sale) and I use the 16 hour day to get a double run in that day. One of the only good things to come out of the hours of service since the big changes began in 2004! Hardest thing for most guys to understand is this is only available for drivers who leave from and return to the same place, so the OTR and regional guys can't use it.

 

Exactly right on!

 

That regulation 395.1(e)(2) is referring to the non-CDL short haul exemption. (I did however forget to include discussing the 395.1(o) 16 hour rule rule once per week, returning to home terminal provision as mentioned) My bad!

There are two short haul exemptions. One for CDL vehicles 395.1(e)(1) commonly called the 100 air mile radius and one for non-CDL vehicles 395.1(e)(2) commonly called the 150 air mile radius.

395.1(e)(1) Short Haul exemption - CDL
- drive a vehicle that requires a CDL to operate, ie semi
- stay within a 115 mile land mile radius, ie circle around your base
- start shift and stop shift from same location
- cannot work more than 12 hours
- cannot drive more than 11 hours or 60/70 hour requirement
- exempt from 30 minute break requirement
- must keep time record, logbook not required

395.1(e)(2) Short Haul exemption - non-CDL
- drive a vehicle that does not require a CDL to operate, ie smaller box truck
- stay within a 172 mile land mile radius, ie circle around your base
- start shift and stop shift from same location
- cannot work more than 14 hours in 5 of 7 consecutive days
- cannot work more than 16 hours in 2 of 7 consecutive days
- cannot drive more than 11 hours or 60/70 hour requirement
- exempt from 30 minute break requirement
- must keep time record, logbook not required

The air mile radius, 100 air miles (115 land miles as the crow flies) or 150 air miles (172 land miles as the crow flies) does not matter about state lines. If the driver stays intra-state, ie within his own state, he would need to follow the regulations of his home state. Where I work Ohio has adopted the federal regulations so my state regulations are the same as federal.

***There is also the 16 hour rule, once per week, starting and returning to the same location. 395.1(o).