• The concept of “safe haven” applies only when drivers operating vehicles containing explosives are eligible to be off duty.
• A “safe haven” is defined as “an area specifically approved in writing by local, State, or Federal governmental authorities for the parking of unattended vehicles containing [explosive] materials.”
• There is no regulatory exception that says any driver can exceed the HOS limits to reach a “safe haven.”

There is a persistent myth that commercial motor vehicle (CMV) drivers may exceed the hours-of-service limits to reach a “safe haven.” However, there is no such exception. The concept of a “safe haven” applies only to drivers transporting explosives and allows them to stop attending to their cargo when parked in a secure area.

Attendance

A motor vehicle which contains explosive material must be attended at all times by its driver or a qualified representative of the motor carrier that operates it. (397.5(a)). This rule, however, does not apply if:

• The vehicle is located on the property of a motor carrier, on the property of a shipper or consignee of the explosives, in a “safe haven,” or, in the case of a vehicle containing 50 pounds or less of explosive material, on a construction or survey site; and
• The lawful bailee of the explosives is aware of the nature of the explosives the vehicle contains and has been instructed in the procedures which must be followed in emergencies; and
• The vehicle is within the bailee’s unobstructed field of view or is in a “safe haven.” (397.5(b)).

A “safe haven” is defined as “an area specifically approved in writing by local, State, or Federal governmental authorities for the parking of unattended vehicles containing [explosive] materials.” (397.5(d)(3)).

As can be seen from the regulatory language, the concept of a “safe haven” applies only when drivers operating vehicles containing explosive materials are eligible to be off duty.

For all other drivers, there is no exception that says they can exceed the hours-of-service (HOS) limits to reach a safe haven. In fact, the HOS rules make no mention of safe havens.

The only exception that allows a driver to reach a parking location when out of hours is the “personal conveyance” provision. This applies when a driver must leave a customer location after loading or unloading caused the driver to run out of hours. A driver in that situation may drive in an off-duty status (personal conveyance) to the nearest safe location to obtain required rest. See: Personal conveyance.