150 air-mile exceptions

Scope

The exceptions apply to drivers and motor carriers operating property-carrying and passenger-carrying CMVs in interstate commerce.

Regulatory citations

• 49 CFR 395.1(e)(1) — 150 air-mile radius driver
• 49 CFR 395.1(e)(2) — Operators of property-carrying commercial motor vehicles not requiring a commercial driver’s license

Key definitions

• 150 air miles: This equates to 172.6 statute or “ground” miles.
• Commercial driver’s license (CDL): A license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383, to an individual which authorizes the individual to operate a class of a commercial motor vehicle.
• Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
  • Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
  • Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  • Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
  • Is transporting hazardous materials of a type or quantity which requires placarding.
• Radius: A line extending from the center of a circle to the circumference or edge of the circle. For purposes of this exception, the driver’s normal work-reporting location is at the center of the circle and the radius measures 150 air miles (in any direction).

Summary of requirements

A CMV driver is not required to use a standard grid-style timekeeping log (known as a record of duty status) if the driver operates within a 150 air-mile radius of the normal work-reporting location, the driver returns to the work-reporting location and is released from work within 14 consecutive hours, and the following additional criteria are met:

• For the driver of a property-carrying CMV:
  • At least 10 consecutive hours off duty separate each 14 duty hours, and
  • The driver does not drive more than 11 hours following at least 10 consecutive hours off duty;
• For the driver of a passenger-carrying CMV:
  • At least 8 consecutive hours off duty separate each 15 hours on duty, and
  • The driver does not drive more than 10 hours following at least 8 consecutive hours off duty; and
• The motor carrier maintains the driver’s time records for six months showing:
  • The time the driver reports for duty each day,
  • The time the driver is released from duty each day,
  • The total number of hours the driver is on duty each day, and
  • The total time on duty for the preceding seven days for drivers used for the first time or intermittently.

The mandatory 30-minute break and supporting-document requirements do not apply to the driver of a property-carrying CMV who qualifies for this exception.

A 150 air-mile radius driver is not exempt from the 60-hour/7-day or 70-hour/8-day limit.

Additional Exceptions for Non-CDL Trucks. Additional exceptions are available to short-haul drivers of property-carrying CMVs who are not required to hold a commercial driver’s license (CDL) for the vehicle being driven. The same limits and recordkeeping requirements as listed above must be met, except that the drivers:

• Are not required to be released from work after they return to the work-reporting location (that is, they may continue to perform non-driving work); and
• May exceed the 14-hour limit by up to 2 hours, up to twice per seven days.

Specifically, these drivers must not drive a CMV:

• After the 14th consecutive hour after coming on duty on at least five days in any period of seven consecutive days, or
• After the 16th consecutive hour after coming on duty on up to two days in any period of seven consecutive days.

A driver who uses this provision (for non-CDL vehicles) is not eligible to use the sleeper-berth exception (395.1(g)) or the once-per-week 16-hour exception (395.1(o)).