Question about 16 hour big day short haul exemption 395.1

You couldn't be more wrong. The 100 air-mile radius exemption and the 16 hour exception are two completely different things. You WOULD NOT qualify under the 100 air-mile exemption if you were considering using the 16-hour exception because one of the requisites for claiming the 100 air-mile exemption is that you have to be RELEASED FROM DUTY WITHIN 12 HOURS. Once you have exceeded the 12th hour, you are no longer exempt from the RODS regulations and must therefore complete a log book page for the day.

Now if you ordinarily work under the 100 air-mile exemption and today runs extremely long, you have the 16 hour exception available because you started and stopped each of the previous 5 days at the same location, and haven't already used the exception.

YOU CAN use the 16 hour exception even if you ordinarily go outside of the 100 air-mile radius or work 12-14 hour days SO LONG AS YOU start and end EACH of the 5 previous work days at the same location and haven't already claimed it.

In other words, operating under the short haul (100 air-mile) exemption GENERALLY means you are qualified to claim the 16-hour exception IF you need it, but you do not HAVE to ordinarily operate inside of the 100 air-mile radius to be eligible to claim the exception...because by the time the exception is even going to matter, you are 2 hours beyond what is allowed to claim the short haul exemption.

 

You need to read further down the list.

(o) Property-carrying driver. A property-carrying driver is exempt from the requirements of §395.3(a)(2) if:

(1) The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked;

(2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and

(3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8-consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by §395.3(c).

 

I'd like to add we have two CDL-A drivers who use this rule on a weekly basis. I made up a letter for them citing the rule and they showed it to inspectors who agreed with the letter and have had no issues.

 

I apologize. I did forgot about the once per week 16 hour rule. This can be taken regardless of class of vehicle as long as you start and stop same location. You are correct. It has nothing to do with the short haul exemption which is what I was referring to and what some of the other posters mentioned.

 

Also wanted to clarify there are three references to "16 hour rule" in this thread.

One is the short haul non-CDL 150 air mile exemption which allows 16 hour days for 2 out of 7 days.

Second is the 16 hours once every 7 days or after a 34 hour restart must return to terminal.

Third is the adverse driving conditions allowing an extra two hours of driving time due to adverse weather, unusual road, or unusual traffic conditions. (Some people believe this extends the 14 hour rule to 16 hours but it does not. It only allows you to drive 13 hours instead of 11)

 

680 miles a day? You must not even stop to piss or catch 1 red light or run into traffic to run 680 everyday. Averaging 61.8 MPH for all 11 hrs? 5days a week.

 

If he is not too heavy in states with 75 mph speed limit and a truck that will do it, its not hard at all.

 

The 16 hour exemption can be used if you started and returned to the same location, on your 5 previous shifts. It can only be used once a week, then you must reset.

 

There's no MUST reset. Period.