['Hours of Service']
['16-hour short-haul exception']
12/11/2024
FAQ
No. For example, if the driver of a property-carrying commercial motor vehicle was on duty 16 hours on Wednesday but didn’t drive after being on duty 14 hours, the driver could use the 16-hour extension on Friday and be allowed to drive after the 14th hour as long as all other conditions and regulations (11-, 16-, and 60/70-hour rules) were met. In this scenario, the driver may choose to use the 16-hour extension on Friday as long as the driver meets all of the requirements for the 16-hour exception outlined in 395.1(o) and also remains in compliance with 395.3(a) and 395.3(b). Although the 16 hours on duty on Wednesday will count toward the driver’s 60/70-hour calculations, the driver has not utilized the 16-hour exception unless the driver has actually driven after the 14th hour.
['Hours of Service']
['16-hour short-haul exception']
The 395.1(o) exception for property-carrying drivers is for drivers who return to the normal work reporting location and are released from duty at the end of each of the previous 5 duty tours. The use of 10 consecutive hours off duty or the equivalent (sleeper berth, off duty, or any allowable combination thereof) before returning to the work reporting location would interrupt the duty tour, and the driver would not be eligible to use the 16-hour exception that day or again until after 5 or more duty tours when the driver did return to the work reporting location.
Yes. Under the 16-hour short-haul exception in 395.1(o), the driver must return to the normal work-reporting location and be released from duty at that location for the previous 5 duty tours the driver has worked, regardless of whether or not the 34-hour restart provision is being used. So if a driver wishes to use the 16-hour exception after taking 34 hours off, then the driver must have returned to the normal work-reporting location and have been released from duty at that location for the previous 5 duty tours.
Yes. As stated in the 16-hour short-haul exception provision (395.1(o)) and the current Interpretation Question 15 to 395.1, a driver having more than one “normal” work-reporting location could use the 16-hour exception; however, its availability would be limited by the requirement of 395.1(o)(1) that the “carrier released the driver from duty at that location for the previous five duty tours the driver has worked ….” Assuming the driver’s normal duty tour is on a daily cycle, a driver alternating between two normal work locations on a weekly basis would not be able to use the exception unless the driver worked six days per week, and then the exception could only be used on the sixth day.
The 395.1(o) exception for property-carrying drivers is for drivers who return to the normal work reporting location and are released from duty at the end of each of the previous 5 duty tours. The use of 10 consecutive hours off duty or the equivalent (sleeper berth, off duty, or any allowable combination thereof) before returning to the work reporting location would interrupt the duty tour, and the driver would not be eligible to use the 16-hour exception that day or again until after 5 or more duty tours when the driver did return to the work reporting location.
Yes. Under the 16-hour short-haul exception in 395.1(o), the driver must return to the normal work-reporting location and be released from duty at that location for the previous 5 duty tours the driver has worked, regardless of whether or not the 34-hour restart provision is being used. So if a driver wishes to use the 16-hour exception after taking 34 hours off, then the driver must have returned to the normal work-reporting location and have been released from duty at that location for the previous 5 duty tours.
Yes. As stated in the 16-hour short-haul exception provision (395.1(o)) and the current Interpretation Question 15 to 395.1, a driver having more than one “normal” work-reporting location could use the 16-hour exception; however, its availability would be limited by the requirement of 395.1(o)(1) that the “carrier released the driver from duty at that location for the previous five duty tours the driver has worked ….” Assuming the driver’s normal duty tour is on a daily cycle, a driver alternating between two normal work locations on a weekly basis would not be able to use the exception unless the driver worked six days per week, and then the exception could only be used on the sixth day.
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