Are snow-plow drivers subject to HOS rules during storms?

Drivers who operate snow plows that are considered “commercial motor vehicles” as defined in 390.5 and who work directly for a state or local government (where the government is the motor carrier for which the driver works) are exempt from most of the Federal Motor Carrier Safety Regulations, including the hours-of-service rules, because of the exemption provide in 390.3(f)(2). These drivers are subject, however, to the CDL rules in Part 383 and the drug/alcohol testing rules in Part 382, although 383.3(d) does contain a limited CDL exemption for snow removal under certain conditions.

For drivers who operate “commercial motor vehicles” as defined in 390.5 and who cannot use the exemption for government employees, the federal hours-of-service rules for property-carrying vehicles must be followed. A limited exemption may be provided through 390.23 when an emergency has been declared. In addition, drivers who stay within a 150-air-mile radius may be able to take advantage of the logging exception in 395.1(e).

Drivers who operate in intrastate commerce and are not subject to federal rules would be subject to their state’s rules, which may or may not include hours-of-service requirements for snow-plow drivers. For example, Colorado exempts certain of its intrastate snow-plow drivers from the state’s safety regulations.