Do HOS Rules Apply When Driving 100% Off-Road?

if you ain't driving on a public highway its on duty not driving

 

What is the distance from your home base to the work site?

Anything under 100 miles is exempt from HOS rules

But I believe you have to be relieved from work 15 hours after you start the day.

 

Grab the FMCSR and talk to ODOT.

if you are 100% intrastate, and return to your departure point at the end of the work day, HOS rules need not apply. If you don't have to log, you can work long hours.

The only time you'd have to worry is if you 1) leave the state while working (driving, on duty) and exceed 100 air miles distance or 2) spend more than one 'work period' away from your departure point.

Of course, if you have to comply with HOS rules for a trip, ALL driving and duty on the day you start the trip, and the day you end the trip have to be accounted for in the log.

Whether you are on or off road does not matter a whit. Nothing at all in the FMCSR says you have to be on-road (at least, not that I can find). "driving" is 'any time spent at the controls of a CMV'. Period. You could be sitting in a loaded Pete tied to the top of a tree - and if you are at the controls, you would be considered driving.

Always remember, FMCSR is a set of minimum standards. ODOT is free to make them more stringent if they choose (though most states don't)

 

folks he said he was working 100% off road so why confuse the issue, if he ain't gonna be on the road he is working the same as an equipment operator at a construction site, or a guy working the fields on a farm.

he can work 24 hours a day if he wants too and show it as on duty not driving and be completely legal right up to the second that the commercial vehicles tires hit the asphalt only then do the HOS apply.

 

GJ - I disagree. It is NOT the same as heavy equipment operator or farm machinery operator. Neither of those sets of equipment ever fall under the FMCSR.

As stated before, FMCSR applies to the vehicle/driver and WHEN it is being driven. I can't find anywhere in the FMCSR where it says "these rules only apply while on the highway"

However, since he falls under rules of the FMCSR that allow for HOS exceptions, he CAN operate all day if he wants to, without logging. Until he DOES make a trip that requires a log - see my post above.