Federal hours-of-service exemptions by commercial driver operation type
Commercial motor vehicle drivers are subject to federal hours-of-service limits (49 CFR 395.3: an 11-hour driving cap inside a 14-hour window, a 30-minute break after 8 hours of driving, and a 60-hour/7-day or 70-hour/8-day on-duty cap), but 49 CFR 395.1 says the rules apply to every carrier and driver 'except as provided in paragraphs (b) through (x) of this section' -- a list of operation-specific carve-outs covering short-haul driving, agriculture and livestock, oilfield and well-drilling work, utility service, ready-mixed concrete, motion-picture production, railroad signal work, beekeeping, hi-rail and pipeline welding trucks, and more. Each carve-out removes a different requirement and carries its own radius, time window or condition, and they are scattered through one long section. Each record here is one exemption: who qualifies, the bright-line condition, and exactly which requirement it removes, quoted verbatim from the regulation. Answers 'do hours-of-service rules apply to my delivery route', 'is there an hours-of-service exemption for farm work', 'what counts as short-haul under the FMCSA rules'.
Records31
Sources1
Verified
Review by
LicenceFederal regulatory text (49 CFR) is a US government work, not copyrightable
The data
| Exemption | CFR citation | Who qualifies | What it exempts from | Radius or condition | Baseline limit (for context) |
|---|---|---|---|---|---|
| 150 air-mile radius driver (short-haul) | 49 CFR 395.1(e)(1) | 150 air-mile radius driver | exempt from the requirements of §§ 395.8 and 395.11 | The driver operates within a 150 air-mile radius (172.6 statute miles) of the normal work reporting location; (ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 14 consecutive hours; | § 395.3(a)(3)(ii): drivers qualifying for the short-haul exceptions in § 395.1(e)(1) or (2) are not subject to the 30-minute interruption after 8 hours of driving. |
| Adverse driving conditions | 49 CFR 395.1(b)(1) | a driver who encounters adverse driving conditions | may drive and be permitted or required to drive a commercial motor vehicle for not more than two additional hours beyond the maximum allowable hours permitted under § 395.3(a) or § 395.5(a) | not more than two additional hours | § 395.3(a): 11 hours of driving inside a 14-hour window, after 10 consecutive hours off duty. |
| Agricultural operations | 49 CFR 395.1(k) | drivers transporting (1) Agricultural commodities from the source of the agricultural commodities to a location within a 150 air-mile radius from the source; (2) Farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used within a 150 air-mile radius from the distribution point; (3) Farm supplies for agricultural purposes from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 150 air-mile radius from the wholesale distribution point; or (4) Livestock (as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 ( 7 U.S.C. 1471 ) including insects)) within a 150 air-mile radius from the final destination of the livestock. | The provisions of this part shall not apply | during planting and harvesting periods, as determined by each State | All of part 395, including the § 395.3 11-hour driving cap, 14-hour window and 60/70-hour limits. |
| Attendance on vehicles carrying Division 1.1, 1.2 or 1.3 explosives | 49 CFR 395.1(q) | Operators who are required by 49 CFR 397.5 to be in attendance on commercial motor vehicles containing Division 1.1, 1.2, or 1.3 explosives | may use 30 minutes or more of attendance time to meet the requirement for a rest break | providing they perform no other work during the break | § 395.3(a)(3)(ii): driving is not permitted after 8 hours of driving time without a consecutive 30-minute interruption. |
| Construction materials and equipment | 49 CFR 395.1(m) | a driver of a commercial motor vehicle who is used primarily in the transportation of construction materials and equipment | any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours | off-duty period of 24 or more successive hours | § 395.3(c): a 7- or 8-consecutive-day period otherwise restarts only with an off-duty period of 34 or more consecutive hours. |
| Covered farm vehicles | 49 CFR 395.1(s) | drivers of “covered farm vehicles,” as defined in 49 CFR 390.5 | The rules in this part do not apply | All of part 395, including the § 395.3 11-hour driving cap, 14-hour window and 60/70-hour limits. | |
| Driver-salesperson | 49 CFR 395.1(c) | any driver-salesperson | The provisions of § 395.3(b) shall not apply | whose total driving time does not exceed 40 hours in any period of 7 consecutive days | § 395.3(b): 60 hours on duty in any 7 consecutive days, or 70 hours in any 8 consecutive days. |
| Emergency conditions | 49 CFR 395.1(b)(2) | In case of any emergency, a driver | may complete his/her run without being in violation of the provisions of the regulations in this part | if such run reasonably could have been completed absent the emergency | All of part 395, including the § 395.3 driving and on-duty limits. |
| Ground water well drilling operations | 49 CFR 395.1(l) | a driver of a commercial motor vehicle who is used primarily in the transportation and operations of a ground water well drilling rig | any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours | off-duty period of 24 or more successive hours | § 395.3(c): a 7- or 8-consecutive-day period otherwise restarts only with an off-duty period of 34 or more consecutive hours. |
| Hi-rail vehicles | 49 CFR 395.1(w) | the driver of a hi-rail vehicle | the maximum on duty time under § 395.3 shall not include time in transportation to or from a duty assignment | Does not exceed 2 hours per calendar day or a total of 30 hours per calendar month | § 395.3(a)(2) and (b): the 14-hour window and the 60/70-hour 7/8-day on-duty caps. |
| Motion picture production site transportation | 49 CFR 395.1(p) | A driver of a commercial motor vehicle providing transportation of property or passengers to or from a theatrical or television motion picture production site | exempt from the requirements of § 395.3(a) | within a 100 air-mile radius of the location where the driver reports to and is released from work | § 395.3(a): 11 hours of driving inside a 14-hour window, after 10 consecutive hours off duty. |
| Oilfield operations: 24-hour restart | 49 CFR 395.1(d)(1) | drivers of commercial motor vehicles used exclusively in the transportation of oilfield equipment | any period of 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours | off-duty period of 24 or more successive hours | § 395.3(c)(2): an 8-consecutive-day period otherwise restarts only with an off-duty period of 34 or more consecutive hours. |
| Oilfield operations: waiting time at a well site | 49 CFR 395.1(d)(2) | specially trained drivers of commercial motor vehicles that are specially constructed to service oil wells | on-duty time shall not include waiting time at a natural gas or oil well site | Waiting time shall not be included in calculating the 14-hour period in § 395.3(a)(2) | § 395.3(a)(2): a driver may not drive after a period of 14 consecutive hours after coming on-duty. |
| Pipeline welding trucks | 49 CFR 395.1(x) | drivers of “pipeline welding trucks,” as defined in 49 CFR 390.38(b) | The rules in this part do not apply | All of part 395, including the § 395.3 11-hour driving cap, 14-hour window and 60/70-hour limits. | |
| Property-carrying driver: 16-hour short-haul exception | 49 CFR 395.1(o) | A property-carrying driver | exempt from the requirements of § 395.3(a)(2) | (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 | § 395.3(a)(2): a driver may not drive after a period of 14 consecutive hours after coming on-duty. |
| Railroad signal employees | 49 CFR 395.1(r) | a signal employee, as defined in § 395.2 , who operates a commercial motor vehicle, is engaged in installing, repairing, or maintaining signal systems | The provisions of this part shall not apply | is employed by a railroad carrier or a contractor or subcontractor to a railroad carrier, while regulated by the Federal Railroad Administration | All of part 395, including the § 395.3 11-hour driving cap, 14-hour window and 60/70-hour limits. |
| Ready-mixed concrete delivery vehicle | 49 CFR 395.1(t) | A driver of a ready-mixed concrete delivery vehicle | may use 30-minutes or more of time spent while waiting with the commercial motor vehicle at a job site or terminal to meet the requirement for the 30-minute rest break | providing the driver performs no other work during the break | § 395.3(a)(3)(ii): driving is not permitted after 8 hours of driving time without a consecutive 30-minute interruption. |
| Retail store deliveries (December 10-25) | 49 CFR 395.1(f) | drivers of commercial motor vehicles engaged solely in making local deliveries from retail stores and/or retail catalog businesses to the ultimate consumer | The provisions of § 395.3 (a) and (b) shall not apply | driving solely within a 100-air mile radius of the driver's work-reporting location, during the period from December 10 to December 25, both inclusive, of each year | § 395.3(a): 11 hours of driving inside a 14-hour window; § 395.3(b): 60 hours in 7 days or 70 hours in 8 days. |
| Short-haul driver of a vehicle not requiring a CDL | 49 CFR 395.1(e)(2) | 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 | a driver is exempt from the requirements of §§ 395.3(a)(2) , 395.8 , and 395.11 | 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; | § 395.3(a)(2): a driver may not drive after a period of 14 consecutive hours after coming on-duty. |
| Sleeper berth split rest: oil well servicing vehicle | 49 CFR 395.1(g)(2) | A specially trained driver who operates a commercial motor vehicle specially constructed to service natural gas or oil wells | may accumulate the equivalent of 10 consecutive hours off duty time by taking a combination of at least 10 consecutive hours of off-duty time, sleeper-berth time, or time in other sleeping accommodations at a natural gas or oil well location | (i) Neither rest period is shorter than 2 hours; (ii) The driving time in the period immediately before and after each rest period, when added together, does not exceed the limit specified in § 395.3(a)(3) | § 395.3(a)(1): a driver may not drive without first taking 10 consecutive hours off duty. |
| Sleeper berth split rest: passenger-carrying vehicle | 49 CFR 395.1(g)(3) | A driver who is driving a passenger-carrying commercial motor vehicle that is equipped with a sleeper berth | may accumulate the equivalent of 8 consecutive hours of off-duty time by taking a combination of at least 8 consecutive hours off-duty and sleeper berth time | (i) Neither rest period is shorter than two hours; (ii) The driving time in the period immediately before and after each rest period, when added together, does not exceed 10 hours; (iii) The on-duty time in the period immediately before and after each rest period, when added together, does not include any driving time after the 15th hour | § 395.3 applies to property-carrying vehicles; passenger-carrying drivers are held to the separate limits in § 395.5. |
| Sleeper berth split rest: property-carrying vehicle | 49 CFR 395.1(g)(1) | A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth | The equivalent of at least 10 consecutive hours off-duty calculated under paragraphs (g)(1)(ii) and (iii) of this section | A combination of consecutive sleeper berth and off-duty time amounting to at least 10 hours | § 395.3(a)(1): a driver may not drive without first taking 10 consecutive hours off duty. |
| State of Alaska: adverse driving conditions | 49 CFR 395.1(h)(3) | A driver who is driving a commercial motor vehicle in the State of Alaska and who encounters adverse driving conditions | may drive and be permitted or required to drive a commercial motor vehicle for the period of time needed to complete the run | After a property-carrying commercial motor vehicle driver completes the run, that driver must be off-duty for at least 10 consecutive hours before he/she drives again | Not § 395.3 — under § 395.1(h)(1) that section does not apply in Alaska. The baseline is the Alaska limit: no more than 15 hours driving following 10 consecutive hours off-duty, and no driving after 20 hours on duty. |
| State of Alaska: passenger-carrying vehicle | 49 CFR 395.1(h)(2) | any driver who is driving a passenger-carrying commercial motor vehicle in the State of Alaska | The provisions of § 395.5 do not apply | must not drive or be required or permitted to drive— (i) More than 15 hours following 8 consecutive hours off-duty; (ii) After being on-duty for 20 hours or more following 8 consecutive hours off-duty; (iii) After having been on-duty for 70 hours in any period of 7 consecutive days, if the motor carrier for which the driver drives does not operate every day in the week; or (iv) After having been on-duty for 80 hours in any period of 8 consecutive days | § 395.5 sets the separate driving limits for passenger-carrying vehicles; § 395.3 covers property-carrying vehicles. |
| State of Alaska: property-carrying vehicle | 49 CFR 395.1(h)(1) | any driver who is driving a commercial motor vehicle in the State of Alaska | The provisions of § 395.3(a) and (b) do not apply | must not drive or be required or permitted to drive: (A) More than 15 hours following 10 consecutive hours off-duty; (B) After being on-duty for 20 hours or more following 10 consecutive hours off-duty; (C) After having been on-duty for 70 hours in any period of 7 consecutive days, if the motor carrier for which the driver drives does not operate every day in the week; or (D) After having been on-duty for 80 hours in any period of 8 consecutive days | § 395.3(a): 11 hours of driving inside a 14-hour window; § 395.3(b): 60 hours in 7 days or 70 hours in 8 days. |
| State of Hawaii | 49 CFR 395.1(i) | a driver who drives a commercial motor vehicle in the State of Hawaii | The rules in § 395.8 do not apply | if the motor carrier who employs the driver maintains and retains for a period of 6 months accurate and true records | § 395.3's driving and on-duty limits still apply; only the § 395.8 record-of-duty-status rules are lifted. |
| Transport of commercial bees | 49 CFR 395.1(u) | a driver engaged in the interstate transportation of bees by commercial motor vehicle | The provisions of § 395.3(a)(3)(ii) , requiring a 30-minute rest break, do not apply | as long as the bees are on the vehicle | § 395.3(a)(3)(ii): driving is not permitted after 8 hours of driving time without a consecutive 30-minute interruption. |
| Transport of livestock | 49 CFR 395.1(v) | a driver engaged in the interstate transportation of livestock by commercial motor vehicle | The provisions of § 395.3(a)(3)(ii) , requiring a 30-minute rest break, do not apply | while the livestock are on the vehicle | § 395.3(a)(3)(ii): driving is not permitted after 8 hours of driving time without a consecutive 30-minute interruption. |
| Travel time: passenger-carrying vehicle | 49 CFR 395.1(j)(2) | a passenger-carrying commercial motor vehicle driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier | such time must be counted as on-duty time unless the driver is afforded at least 8 consecutive hours off duty when arriving at destination, in which case he/she must be considered off duty for the entire period | unless the driver is afforded at least 8 consecutive hours off duty when arriving at destination | § 395.5 sets the separate limits for passenger-carrying vehicles; § 395.3 covers property-carrying vehicles. |
| Travel time: property-carrying vehicle | 49 CFR 395.1(j)(1) | a property-carrying commercial motor vehicle driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier | such time must be counted as on-duty time unless the driver is afforded at least 10 consecutive hours off duty when arriving at destination, in which case he/she must be considered off duty for the entire period | unless the driver is afforded at least 10 consecutive hours off duty when arriving at destination | § 395.3(a)(2): the 14-hour window runs from coming on duty, so whether travel counts as on-duty time decides when driving must stop. |
| Utility service vehicles | 49 CFR 395.1(n) | a driver of a utility service vehicle as defined in § 395.2 | The provisions of this part shall not apply | All of part 395, including the § 395.3 11-hour driving cap, 14-hour window and 60/70-hour limits. |
Where this came from
Every record above links the page it was taken from and quotes the sentence that states it. These are the 1 source this dataset was assembled from.
- ecfr.govhttps://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1
Machine-readable
- data.jsonThe whole dataset — every record with its source URL and source quote.
- Open Knowledge Format bundleOne JSON object per line — every record's frontmatter and quoted span exactly as it is held here, in one fetch.
- How this is made and checkedWhat "verified against source" does and does not mean.
From your own code
Same records, same quotes, without scraping the page: refsource is on PyPI and npm. Each value comes back carrying the URL it was read from and the sentence on that page that states it — .source and .quote sit on the value itself rather than in a side channel, so the checking step is available instead of skipped.
pip install refsource
refsource lookup federal-hours-of-service-exemptions-by-operation-type exemption_name="150 air-mile radius driver (short-haul)"
npx -y refsource lookup federal-hours-of-service-exemptions-by-operation-type exemption_name="150 air-mile radius driver (short-haul)"