100 Mile Radius Exemption / Passenger Carrying Driver

Old thread, but these split shifts might be done legally if you choose NOT to use the air-mile exemption. BUT, it will require conventional logging.

Under the passenger HOS rules, the 15 hour on-duty clock does NOT include any off-duty time. In other words, the clock STOPS any time you are off duty. This is unlike the non-passenger HOS 14 hour clock, which can’t be stopped once it begins ticking.

So as long as you don’t exceed 10 hours DRIVING or 15 hours ON DUTY (including any driving hours), you are still OK to drive. Once you reach either of these limits, you will need an 8 hour off-duty break.

I’ve done this legally plenty of times where there hasn’t been quite enough time for a full 8 hour break but need to get rolling again. But since it sounds like you might be pushing the limits, you really have to plan and manage that second shift so you stay legal...

 

Agree with your comments. I was referring to NOT using the short haul exemption, but rather completing a Record of Duty Status or using an ELD. Under these situations, you are allowed to stop the 15 hour clock any time you are off-duty.

I use an ELD, which sure won’t allow any fudging of the numbers. I have gone as many as 29 hours legally on a single payroll shift on a trip over a 2 day period without a full 8 hour break, but still within my 10 hour driving and 15 hour on-duty limits. Of course, these 29 hours involved substantial periods of off-duty time (all less than 8 hours each), in which my 15 hour on-duty clock was stopped. That’s why I said it needs to be carefully planned and managed, so you don’t run out of hours....

But I’m a motorcoach tour driver, and the nature of our trips involves lots of off-duty time throughout the day. The OP was talking about mass-transit buses, so the nature of that job is probably a whole different beast. My comments would not apply if the driver is stuck behind the wheel for an entire shift. Only legitimate off-duty time can stop that 15 hour clock.

 

Yeah, if that’s the employer policy to use time cards, I agree with your interpretation. Only an 8 hour off-duty break can reset that 15 hour on-duty clock.

 

And sorry, didn’t realize you are the OP

 

If they are looking to fill odd shifts like some of your examples, they might want to consider looking into ELD’s. MIGHT provide more flexibility in being able to pause that 15 hour clock to conserve HOS within a shift. Just a thought...