• When unforeseeable adverse-driving conditions are encountered, drivers will be allowed an extra two hours of driving to finish the run or reach a safe stopping place.
• The extra two hours of driving allowed for unforeseeable adverse-driving conditions allows drivers to drive for up to 13 hours within a 16-hour window of time.
• When invoking the adverse-driving condition exception, the use of the exception should be noted on the driver’s log along with an explanation as to why it was invoked.

There is an exception to the 11- and 14-hour limits when unforeseeable adverse-driving conditions are encountered.

Drivers are allowed up to two hours of extra driving to finish the run or reach a safe stopping place. This allows drivers of property-carrying CMVs to drive for up to 13 hours within a 16-hour window of time to make up the time that was lost. (395.1(b)(1)).

The federal regulations define “adverse driving conditions” as snow, ice, sleet, fog, or other adverse weather conditions or unusual road or traffic conditions that were not known, or could not reasonably be known, to a driver immediately prior to beginning the duty day or immediately before beginning driving after a qualifying rest break or sleeper berth period, or to a motor carrier immediately prior to dispatching the driver. (395.2).

Key points

If the following conditions apply, drivers may add up to two hours to their normal 11- and 14-hour limits, enabling them to drive for up to 13 hours within a 16-hour window of time, to make up time that was lost to the adverse condition:

• The driver unexpectedly ran into snow, sleet, fog, or other bad weather, or a highway covered with snow or ice, or unusual road or traffic conditions;
• Neither the driver nor the motor carrier knew — and could not have known — about those conditions;
• The run is one that the driver could normally have completed within the standard driving and on-duty limits; and
• The driver can complete the (extended) run without exceeding the 60/70-hour limit.

The driver cannot use this “adverse driving conditions” exception for delays that the driver or motor carrier should have known about, such as congested traffic during a typical metropolitan rush hour.

When using this exception, the driver should enter a log note indicating use of the exception, and why. If using an electronic logging device, such a note is required. There is no need to obtain a supervisor’s signature or approval unless required under company policy.

Note that there are separate adverse-conditions standards for drivers in Alaska.