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  1. #1
    Medium Load Member tscottme's Avatar
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    100 air-mile logbook exemption

    One thing to keep in mind about the 100 air-mile exemption from requirement to keep a logbook, it has NOTHING to do with miles on your odometer or how many miles you drive. It's called air-miles because it is using the straight-line distance, on a map, from where you report for work and your farthest destination or pick-up. Theoretically, you could drive 300 miles from point A to point B and still meet the other requirements of the logbook exemption.

    Here's an example: Imagine you start work in West Memphis Arkansas and have a run that has you picking up freight in Memphis, TN and returning to West Memphis, AR every day. Those of you who cross between West Memphis, AR and Memphis, TN know this is a very short trip because of the bridge across the Mississippi river between West Memphis and Memphis on Interstate 40. Now suppose that there were no bridge between West Memphis, AR and Memphis, TN. Suppose the nearest bridge or ferry boat to get from one city to the other was 65 miles due south of Memphis/West Memphis. That would mean your dispatch from West Memphis to Memphis would require you to 65 miles south from West Memphis, AR to the bridge, 65 miles north from the bridge to Memphis , TN (total of 130 driving miles) and then re-trace your trip by driving 65 miles from Memphis to the bridge and 65 miles from the bridge to West Memphis. That's a minimum of 260 miles of driving and that mileage total is irrelevant to compliance with the 100 air-mile logbook exemption.

    If you could make that trip and still comply with the 12 hour work limit and other requirements you could use the 100 air-mile exemption. I still run into drivers that think crossing state borders comes into play when considering the 100 air-mile logbook exemption. State borders do not factor into the use/non-use of the logbook exemption.



    As a practical matter it is your boss/company, and not you, that will determine if you can use the logbook exemption. Your company will need to track your work hours and keep these records in order to satisfy the requirements of the 100 air-mile exemption.

    You can use GPS or Google Earth to get an accurate distance measure of the straight-line distance from any 2 points if you are in doubt about the matter. It's true that if your driving distance between A and B is less than 100 miles you can't be beyond the 100 air-mile radius. But, it is not true that if your driving distance is more than 100 miles you are beyond the 100 air-mile radius. And further, remember that the definition of "air-mile" that is applied by the DOT uses "nautical miles" which are longer than the "statute miles" measured by our odometers in the USA. A "nautical mile" is actually 1.15 statute miles so the 100 air-mile rule is actually a 115 statute air-mile rule in one sense. If you are an OTR driver this will likely never apply to you while you are OTR.

    You can look up the other requirement for the 100 air-mile rule under regulation 395.1e1. There is a 150 mile rule for commercial operations that don't require a CDL. I am not discussing those rules.

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    I would not worry about the drivers who think about the state line issue. I would be more concerned about the DOT that do.

  4. #3
    Light Load Member slodsm's Avatar
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    ^Ditto. I keep a google map of my yard with a big circle around my legal driving area in Tx, Ark, Ok, and La along with the copy of the law and a time sheet.

    Some DOT guys still ask for logs, others know. I myself have never been pulled by the man (knock on wood) so all of my preparations are for nothing at the moment and it's fine with me if it stays that way.

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    tscottme

    Here's an example: Imagine you start work in West Memphis Arkansas and have a run that has you picking up freight in Memphis, TN and returning to West Memphis, AR every day. Those of you who cross between West Memphis, AR and Memphis, TN know this is a very short trip because of the bridge across the Mississippi river between West Memphis and Memphis on Interstate 40. Now suppose that there were no bridge between West Memphis, AR and Memphis, TN. Suppose the nearest bridge or ferry boat to get from one city to the other was 65 miles due south of Memphis/West Memphis. That would mean your dispatch from West Memphis to Memphis would require you to 65 miles south from West Memphis, AR to the bridge, 65 miles north from the bridge to Memphis , TN (total of 130 driving miles) and then re-trace your trip by driving 65 miles from Memphis to the bridge and 65 miles from the bridge to West Memphis. That's a minimum of 260 miles of driving and that mileage total is irrelevant to compliance with the 100 air-mile logbook exemption.
    Becareful, it's only about 95 miles from Sheboygan, WI to White Cloud, MI; however, the problem is you have to exit the 100 air mile radius to go around the bottom of Lake Michigan or over the bridge at Mackinaw, MI. The only way to do the trip within the 100 air mile radius is via ferry.

    Be safe.

  6. #5
    Light Load Member muscletruck7379's Avatar
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    I fit into this catagory, its nice since there is so much running and your in and out of the truck so much it would be tough to track.

    we do however have to keep track of miles that are run when we are in wyoming or south dakota, but isn't that a dot regualtion and not just my company?

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    Master of Electronic Communications kd5drx's Avatar
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    Quote Originally Posted by muscletruck7379 View Post
    I fit into this catagory, its nice since there is so much running and your in and out of the truck so much it would be tough to track.

    we do however have to keep track of miles that are run when we are in wyoming or south dakota, but isn't that a dot regualtion and not just my company?
    Thats fuel and highway use tax purposes so they all know how much blood to extract for you broke beaten body at the end of the quarter.

  8. #7
    Master FMCSA Interpreter GasHauler's Avatar
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    Quote Originally Posted by tscottme View Post
    One thing to keep in mind about the 100 air-mile exemption from requirement to keep a logbook, it has NOTHING to do with miles on your odometer or how many miles you drive. It's called air-miles because it is using the straight-line distance, on a map, from where you report for work and your farthest destination or pick-up. Theoretically, you could drive 300 miles from point A to point B and still meet the other requirements of the logbook exemption.

    Here's an example: Imagine you start work in West Memphis Arkansas and have a run that has you picking up freight in Memphis, TN and returning to West Memphis, AR every day. Those of you who cross between West Memphis, AR and Memphis, TN know this is a very short trip because of the bridge across the Mississippi river between West Memphis and Memphis on Interstate 40. Now suppose that there were no bridge between West Memphis, AR and Memphis, TN. Suppose the nearest bridge or ferry boat to get from one city to the other was 65 miles due south of Memphis/West Memphis. That would mean your dispatch from West Memphis to Memphis would require you to 65 miles south from West Memphis, AR to the bridge, 65 miles north from the bridge to Memphis , TN (total of 130 driving miles) and then re-trace your trip by driving 65 miles from Memphis to the bridge and 65 miles from the bridge to West Memphis. That's a minimum of 260 miles of driving and that mileage total is irrelevant to compliance with the 100 air-mile logbook exemption.

    If you could make that trip and still comply with the 12 hour work limit and other requirements you could use the 100 air-mile exemption. I still run into drivers that think crossing state borders comes into play when considering the 100 air-mile logbook exemption. State borders do not factor into the use/non-use of the logbook exemption.

    As a practical matter it is your boss/company, and not you, that will determine if you can use the logbook exemption. Your company will need to track your work hours and keep these records in order to satisfy the requirements of the 100 air-mile exemption.

    You can use GPS or Google Earth to get an accurate distance measure of the straight-line distance from any 2 points if you are in doubt about the matter. It's true that if your driving distance between A and B is less than 100 miles you can't be beyond the 100 air-mile radius. But, it is not true that if your driving distance is more than 100 miles you are beyond the 100 air-mile radius. And further, remember that the definition of "air-mile" that is applied by the DOT uses "nautical miles" which are longer than the "statute miles" measured by our odometers in the USA. A "nautical mile" is actually 1.15 statute miles so the 100 air-mile rule is actually a 115 statute air-mile rule in one sense. If you are an OTR driver this will likely never apply to you while you are OTR.

    You can look up the other requirement for the 100 air-mile rule under regulation 395.1e1. There is a 150 mile rule for commercial operations that don't require a CDL. I am not discussing those rules.
    I'm sorry for being off topic here but I just wanted to welcome Scott here. He's got alot of information and I know he'll be an asset to this group. Nice to see you Scott and nice to see you broke away from the other cr-p.

  9. #8
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    [quote=tscottme;794465]One thing to keep in mind about the 100 air-mile exemption from requirement to keep a logbook, it has NOTHING to do with miles on your odometer or how many miles you drive. It's called air-miles because it is using the straight-line distance, on a map, from where you report for work and your farthest destination or pick-up. Theoretically, you could drive 300 miles from point A to point B and still meet the other requirements of the logbook exemption.


    Your right. Remember there are 5 things that have to be done to get the exemption. The thing most "local" drivers forget is if you go past the 12th hour you need to then start a log book for any portion of your day past the 12th hour.


    (e) Short-haul operations
    (e)(1) 100 air-mile radius driver. A driver is exempt from the requirements of Section 395.8 if:
    (e)(1)(i) The driver operates within a 100 air-mile radius of the normal work reporting location;
    (e)(1)(ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;
    (e)(1)(iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;
    (e)(1)(iii)(B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty;
    (e)(1)(iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; or
    (e)(1)(iv)(B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and
    (e)(1)(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:
    (e)(1)(v)(A) The time the driver reports for duty each day;
    (e)(1)(v)(B) The total number of hours the driver is on duty each day;
    (e)(1)(v)(C) The time the driver is released from duty each day; and
    (e)(1)(v)(D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.


    These are a lot of the questions we are asked by "local" drivers. Here's some of the interpretation questions in the Regulation book in 395.1:

    Question 13: What documentation must a driver claiming the 100-air-mile radius exemption (§395.1(e)) have in his/her possession?

    Guidance: None.


    Question 14: Must a motor carrier retain 100-air-mile driver time records at its principal place of business?

    Guidance: No. However, upon request by an authorized representative of the FHWA or State official, the records must be produced within a reasonable period of time (2 working days) at the location where the review takes place.

    Question 15: May an operation that changes its normal work-reporting location on an intermittent basis utilize the 100-air-mile radius exemption?

    Guidance: Yes. However, when the motor carrier changes the normal reporting location to a new reporting location, that trip (from the old location to the new location) must be recorded on the record of duty status because the driver has not returned to his/her normal work reporting location.

    Question 19: May drivers who work split shifts take advantage of the 100-air-mile radius exemption found at §395.1(e)?

    Guidance: Yes. Drivers who work split shifts may take advan-tageofthe100-air-mileradiusexemption if:1. The drivers operate within a 100-air-mile radius of their normal work-reporting locations; 2. The drivers return to their work-reporting locations and are released from work at the end of each shift and each shift is less than 12 consecutive hours; 3. The drivers are off-duty for more than 8 consecutive hours before reporting for their first shift of the day and spend less than 12 hours, in the aggregate, on-duty each day; 4. The drivers do not exceed a total of 10 hours driving time and are afforded 8 or more consecutive hours off-duty prior to their first shift of the day; and 5. The employing motor carriers maintain and retain the time records required by 395.1(e)(5) .

    Question 20: May a driver who is taking advantage of the 100-air-mile radius exemption in §395.1(e) be intermittently off-duty during the period away from the work-reporting location?

    Guidance: Yes, a driver may be intermittently off-duty during the period away from the work-reporting location provided the driver meets all requirements for being off-duty. If the driver’s period away from the work-reporting location includes periods of off-duty time, the time record must show both total on-duty time and total off-duty time during his/her tour of duty. In any event, the driver must return to the work-reporting location and be released from work within 12 consecutive hours.

    Question 21: When a driver fails to meet the provisions of the 100 air-mile radius exemption (section 395.1(e)), is the driver required to have copies of his/her records of duty status for the previous seven days? Must the driver prepare daily records of duty status for the next seven days?

    Guidance: The driver must only have in his/her possession a record of duty status for the day he/she does not qualify for the exemption. A driver must begin to prepare the record of duty status for the day immediately after he/she becomes aware that the terms of the exemption cannot be met The record of duty status must cover the entire day, even if the driver has to record retroactively changes in status that occurred between the time that the driver reported for duty and the time in which he/she no longer qualified for the 100 air-mile radius exemption. This is the only way to ensure that a driver does not claim the right to drive 10 hours after leaving his/her exempt status, in addition to the hours already driven under the 100 air-mile exemption.

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  11. #9
    Master FMCSA Interpreter GasHauler's Avatar
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    [QUOTE=dieselbear;798859]
    Quote Originally Posted by tscottme View Post
    One thing to keep in mind about the 100 air-mile exemption from requirement to keep a logbook, it has NOTHING to do with miles on your odometer or how many miles you drive. It's called air-miles because it is using the straight-line distance, on a map, from where you report for work and your farthest destination or pick-up. Theoretically, you could drive 300 miles from point A to point B and still meet the other requirements of the logbook exemption.


    Your right. Remember there are 5 things that have to be done to get the exemption. The thing most "local" drivers forget is if you go past the 12th hour you need to then start a log book for any portion of your day past the 12th hour.


    (e) Short-haul operations
    (e)(1) 100 air-mile radius driver. A driver is exempt from the requirements of Section 395.8 if:
    (e)(1)(i) The driver operates within a 100 air-mile radius of the normal work reporting location;
    (e)(1)(ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;
    (e)(1)(iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;
    (e)(1)(iii)(B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty;
    (e)(1)(iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; or
    (e)(1)(iv)(B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and
    (e)(1)(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:
    (e)(1)(v)(A) The time the driver reports for duty each day;
    (e)(1)(v)(B) The total number of hours the driver is on duty each day;
    (e)(1)(v)(C) The time the driver is released from duty each day; and
    (e)(1)(v)(D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.


    These are a lot of the questions we are asked by "local" drivers. Here's some of the interpretation questions in the Regulation book in 395.1:

    Question 13: What documentation must a driver claiming the 100-air-mile radius exemption (§395.1(e)) have in his/her possession?

    Guidance: None.


    Question 14: Must a motor carrier retain 100-air-mile driver time records at its principal place of business?

    Guidance: No. However, upon request by an authorized representative of the FHWA or State official, the records must be produced within a reasonable period of time (2 working days) at the location where the review takes place.

    Question 15: May an operation that changes its normal work-reporting location on an intermittent basis utilize the 100-air-mile radius exemption?

    Guidance: Yes. However, when the motor carrier changes the normal reporting location to a new reporting location, that trip (from the old location to the new location) must be recorded on the record of duty status because the driver has not returned to his/her normal work reporting location.

    Question 19: May drivers who work split shifts take advantage of the 100-air-mile radius exemption found at §395.1(e)?

    Guidance: Yes. Drivers who work split shifts may take advan-tageofthe100-air-mileradiusexemption if:1. The drivers operate within a 100-air-mile radius of their normal work-reporting locations; 2. The drivers return to their work-reporting locations and are released from work at the end of each shift and each shift is less than 12 consecutive hours; 3. The drivers are off-duty for more than 8 consecutive hours before reporting for their first shift of the day and spend less than 12 hours, in the aggregate, on-duty each day; 4. The drivers do not exceed a total of 10 hours driving time and are afforded 8 or more consecutive hours off-duty prior to their first shift of the day; and 5. The employing motor carriers maintain and retain the time records required by 395.1(e)(5) .

    Question 20: May a driver who is taking advantage of the 100-air-mile radius exemption in §395.1(e) be intermittently off-duty during the period away from the work-reporting location?

    Guidance: Yes, a driver may be intermittently off-duty during the period away from the work-reporting location provided the driver meets all requirements for being off-duty. If the driver’s period away from the work-reporting location includes periods of off-duty time, the time record must show both total on-duty time and total off-duty time during his/her tour of duty. In any event, the driver must return to the work-reporting location and be released from work within 12 consecutive hours.

    Question 21: When a driver fails to meet the provisions of the 100 air-mile radius exemption (section 395.1(e)), is the driver required to have copies of his/her records of duty status for the previous seven days? Must the driver prepare daily records of duty status for the next seven days?

    Guidance: The driver must only have in his/her possession a record of duty status for the day he/she does not qualify for the exemption. A driver must begin to prepare the record of duty status for the day immediately after he/she becomes aware that the terms of the exemption cannot be met The record of duty status must cover the entire day, even if the driver has to record retroactively changes in status that occurred between the time that the driver reported for duty and the time in which he/she no longer qualified for the 100 air-mile radius exemption. This is the only way to ensure that a driver does not claim the right to drive 10 hours after leaving his/her exempt status, in addition to the hours already driven under the 100 air-mile exemption.


    You're quoting the old standards and you need to update. The driver has be off duty for 10 hours not 8 and he or she can drive for 11 hours and not 10.

  12. #10
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    Quote Originally Posted by GasHauler View Post



    You're quoting the old standards and you need to update. The driver has be off duty for 10 hours not 8 and he or she can drive for 11 hours and not 10.

    No they are the current standards. You must be seeing the passenger carrying reg. Passenger carrying is still under the old 10 and 15 hr, with 8 hrs off duty/sleeper. I'll repost them for you. They came right of FMCSA's website as well I just looked in the regulation book that was printed October 2008 and they are the same. Try www.fmcsa.dot.gov The intrepretations from the website as well.

    (e)(1)(iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;

    (e)(1)(iii)(B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty;

    (e)(1)(iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; or

    (e)(1)(iv)(B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and

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