Question about 16 hour big day short haul exemption 395.1

You are allowed once per 8 days to WORK, not drive, up to 16 hours for unforseen conditions/circumstances. But I don't think it has anything to do with short-haul. Short-haul allows you to WORK 12 hours, stay within 100 air-miles of work location, punch a time-clock (or similar) and not need a logbook. I think you and the dispatcher are confusing the occasional 16 hour "emergency" with short-haul logbook requirements. It's ALMOST impossible to do 680 mile round trip and be eligible for the short-haul logbook exemption. Even if you were, once you are "on the clock" over 12 hours you need to complete a logbook page just like an OTR driver.

 

This appears to be the page where the answer to your question is answered, but I'm too tired to understand it right now. Look at last line below. https://www.fmcsa.dot.gov/regulations/title49/part/395

(2) Operators of property-carrying commercial motor vehicles not requiring a commercial driver's license. Except as provided in this paragraph, a driver is exempt from the requirements of §§395.3(a)(2), 395.8, and 395.11 and ineligible to use the provisions of §395.1(e)(1), (g), and (o) if:

(i) The driver operates a property-carrying commercial motor vehicle for which a commercial driver's license is not required under part 383 of this subchapter;

(ii) The driver operates within a 150 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work reporting location;

(iii) The driver returns to the normal work reporting location at the end of each duty tour;

(iv) The driver does not drive:

(A) After the 14th hour after coming on duty on 5 days of any period of 7 consecutive days; and

(B) After the 16th hour after coming on duty on 2 days of any period of 7 consecutive days;

 

What tscottme said is correct. I operated under those rules doing redi mix. And yea you, skirt the mileage issue as long as you didn't go out of state. But even when we did a log book page for days over 12, we simply logged 6 hours On Duty & 6+ hours Driving. Very informal compared to an actual OTR logbook.

 

@tscottme posted the logging reg. The 16 hour exemption from the same page is as follows...

In a nutshell, as long as you have not used it in the last week, or since reset and you have started and ended from the same location for the last 5 days you can take a 16 hour day. Nothing about mileage or state lines. You are fine, Your situation is exactly why that rule is there. To let day cabbers get home if something happens.

-Steven

 

It depends on what mood the Trooper is in when inspecting you.

 

That's where it pays to KNOW the rule.
To have the book to prove it when called on it.
And then to know how to DataQ it when he gets all high and mighty.

 

To meet the requirement of the short haul exemption for non-CDL vehicles to use the 16 hour you would need to be operating a non-CDL vehicle and not operate outside a 150 air mile radius. You mention day cab so I presume you need a CDL to operate your truck. Therefore the non-CDL short haul exemption would not apply.

You would also not qualify for the two hour emergency extension for waiting for a repair.

You dispatcher is not correct.

 

Bretts, did you NOT read the link? That was from fmcsa directly. He does qualify as 395.1 is all about CDL it applies. I don't know why you are trying to confuse the issue. Anyway you may be thinking the 16 hour emergency for weather and such. That applies to everyone that meets criteria, he was asking about another 16 hour rule. Again read the link!

-Steven

 

You are not correct.