Compliance with the 60/70-hour limit is unnecessary if a driver-salesperson is employed by a private carrier, is solely selling and delivering goods or services, stays within a 100- mile radius, spends no more than 50 percent of on-duty time driving, and spends no more than 40 hours driving in any 7-consecutive-day period.

The 60/70-hour limit does not apply to any driver-salesperson whose total driving time does not exceed 40 hours in any period of 7 consecutive days. (395.1(c)).

Definitions

Driver-salesperson means any employee who is employed solely as such by a private carrier of property by commercial motor vehicle (CMV), who is engaged both in selling goods, services, or the use of goods, and in delivering by CMV the goods sold or provided or upon which the services are performed, who does so entirely within a radius of 100 miles of the point at which he/she reports for duty, and who devotes not more than 50 percent of his/her hours on duty to driving time. (395.2).

The term selling goods for purposes of the driver-salesperson definition includes in all cases solicitation or obtaining of reorders or new accounts and may also include other selling or merchandising activities designed to retain the customer or to increase the sale of goods or services, in addition to solicitation or obtaining of reorders or new accounts. (395.2).

Key points

Compliance with the 60/70-hour limit is unnecessary if a driver-salesperson:

• Is employed solely as a driver-salesperson by a private carrier of property;
• Is engaged both in selling goods, services, or the use of goods, and in delivering (by CMV) the goods sold;
• Stays entirely within a radius of 100 miles from the location where he or she reports for duty;
• Spends no more than one-half (50 percent) of on-duty hours driving on a weekly basis; and
• Drives 40 hours or less in any period of 7 consecutive days.

If a driver-salesperson is also eligible for the 150 air-mile exception (395.1(e)(1)), then the use of a standard log is not required and when using that exception the driver-salesperson need not return to the work-reporting location at the end of each day (but still has to be done with work within 14 hours and must remain within 100 miles of the reporting location).

A driver-salesperson may also use the 16-hour short-haul exception (395.1(o)) or the 150-air-mile exception (395.1(e)(2)), if applicable.

A driver-salesperson may switch to and from a driver-salesperson status at any time if it’s done on a weekly basis.