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'.

Federal regulatory text (49 CFR) is a US government work, not copyrightable

Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** 150 air-mile radius driver (short-haul)

**CFR citation:** 49 CFR 395.1(e)(1)

**Who qualifies:** 150 air-mile radius driver

**What it exempts from:** exempt from the requirements of §§ 395.8 and 395.11

**Radius or condition:** 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;

**Baseline limit (for context):** § 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.

> (1) 150 air-mile radius driver. A driver is exempt from the requirements of §§ 395.8 and 395.11 if: (i) 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;

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

150 air-mile radius driver (short-haul) — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Adverse driving conditions

**CFR citation:** 49 CFR 395.1(b)(1)

**Who qualifies:** a driver who encounters adverse driving conditions

**What it exempts from:** 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)

**Radius or condition:** not more than two additional hours

**Baseline limit (for context):** § 395.3(a): 11 hours of driving inside a 14-hour window, after 10 consecutive hours off duty.

> (1) Adverse driving conditions. Except as provided in paragraph (h)(3) of this section, a driver who encounters adverse driving conditions, as defined in § 395.2 , and cannot, because of those conditions, safely complete the run within the maximum driving time or duty time during which driving is permitted under § 395.3(a) or § 395.5(a) 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) to complete that run or to reach a place offering safety for the occupants of the commercial motor vehicle and security for the commercial motor vehicle and its cargo.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Adverse driving conditions — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Agricultural operations

**CFR citation:** 49 CFR 395.1(k)

**Who qualifies:** 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.

**What it exempts from:** The provisions of this part shall not apply

**Radius or condition:** during planting and harvesting periods, as determined by each State

**Baseline limit (for context):** All of part 395, including the § 395.3 11-hour driving cap, 14-hour window and 60/70-hour limits.

> (k) Agricultural operations. The provisions of this part shall not apply during planting and harvesting periods, as determined by each State, to 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.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Agricultural operations — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Attendance on vehicles carrying Division 1.1, 1.2 or 1.3 explosives

**CFR citation:** 49 CFR 395.1(q)

**Who qualifies:** 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

**What it exempts from:** may use 30 minutes or more of attendance time to meet the requirement for a rest break

**Radius or condition:** providing they perform no other work during the break

**Baseline limit (for context):** § 395.3(a)(3)(ii): driving is not permitted after 8 hours of driving time without a consecutive 30-minute interruption.

> (q) Attendance on commercial motor vehicles containing Division 1.1, 1.2, or 1.3 explosives. 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 are on duty at all times while performing attendance functions or any other work for a motor carrier. Operators of commercial motor vehicles containing Division 1.1, 1.2, or 1.3 explosives subject to the requirements for a 30-minute rest break in § 395.3(a)(3)(ii) 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.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Attendance on vehicles carrying Division 1.1, 1.2 or 1.3 explosives — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Construction materials and equipment

**CFR citation:** 49 CFR 395.1(m)

**Who qualifies:** a driver of a commercial motor vehicle who is used primarily in the transportation of construction materials and equipment

**What it exempts from:** any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours

**Radius or condition:** off-duty period of 24 or more successive hours

**Baseline limit (for context):** § 395.3(c): a 7- or 8-consecutive-day period otherwise restarts only with an off-duty period of 34 or more consecutive hours.

> (m) Construction materials and equipment. In the instance of 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.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Construction materials and equipment — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Covered farm vehicles

**CFR citation:** 49 CFR 395.1(s)

**Who qualifies:** drivers of “covered farm vehicles,” as defined in 49 CFR 390.5

**What it exempts from:** The rules in this part do not apply

**Baseline limit (for context):** All of part 395, including the § 395.3 11-hour driving cap, 14-hour window and 60/70-hour limits.

> (s) Covered farm vehicles. The rules in this part do not apply to drivers of “covered farm vehicles,” as defined in 49 CFR 390.5 .

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Covered farm vehicles — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Driver-salesperson

**CFR citation:** 49 CFR 395.1(c)

**Who qualifies:** any driver-salesperson

**What it exempts from:** The provisions of § 395.3(b) shall not apply

**Radius or condition:** whose total driving time does not exceed 40 hours in any period of 7 consecutive days

**Baseline limit (for context):** § 395.3(b): 60 hours on duty in any 7 consecutive days, or 70 hours in any 8 consecutive days.

> (c) Driver-salesperson. The provisions of § 395.3(b) shall not apply to any driver-salesperson whose total driving time does not exceed 40 hours in any period of 7 consecutive days.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Driver-salesperson — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Emergency conditions

**CFR citation:** 49 CFR 395.1(b)(2)

**Who qualifies:** In case of any emergency, a driver

**What it exempts from:** may complete his/her run without being in violation of the provisions of the regulations in this part

**Radius or condition:** if such run reasonably could have been completed absent the emergency

**Baseline limit (for context):** All of part 395, including the § 395.3 driving and on-duty limits.

> (2) Emergency conditions. 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.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Emergency conditions — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Ground water well drilling operations

**CFR citation:** 49 CFR 395.1(l)

**Who qualifies:** a driver of a commercial motor vehicle who is used primarily in the transportation and operations of a ground water well drilling rig

**What it exempts from:** any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours

**Radius or condition:** off-duty period of 24 or more successive hours

**Baseline limit (for context):** § 395.3(c): a 7- or 8-consecutive-day period otherwise restarts only with an off-duty period of 34 or more consecutive hours.

> (l) Ground water well drilling operations. In the instance of 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.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Ground water well drilling operations — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Hi-rail vehicles

**CFR citation:** 49 CFR 395.1(w)

**Who qualifies:** the driver of a hi-rail vehicle

**What it exempts from:** the maximum on duty time under § 395.3 shall not include time in transportation to or from a duty assignment

**Radius or condition:** Does not exceed 2 hours per calendar day or a total of 30 hours per calendar month

**Baseline limit (for context):** § 395.3(a)(2) and (b): the 14-hour window and the 60/70-hour 7/8-day on-duty caps.

> (w) Hi-rail vehicles. For 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 if such time in transportation— (1) Does not exceed 2 hours per calendar day or a total of 30 hours per calendar month; and (2) Is fully and accurately accounted for in records to be maintained by the motor carrier and such records are made available upon request of the Federal Motor Carrier Safety Administration or the Federal Railroad Administration.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Hi-rail vehicles — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Motion picture production site transportation

**CFR citation:** 49 CFR 395.1(p)

**Who qualifies:** A driver of a commercial motor vehicle providing transportation of property or passengers to or from a theatrical or television motion picture production site

**What it exempts from:** exempt from the requirements of § 395.3(a)

**Radius or condition:** within a 100 air-mile radius of the location where the driver reports to and is released from work

**Baseline limit (for context):** § 395.3(a): 11 hours of driving inside a 14-hour window, after 10 consecutive hours off duty.

> (p) Commercial motor vehicle transportation to or from a motion picture production site. A driver of a commercial motor vehicle providing transportation of property or passengers to or from a theatrical or television motion picture production site is exempt from the requirements of § 395.3(a) if the driver operates within a 100 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work-reporting location. With respect to the maximum daily hours of service, such a driver may not drive— (1) More than 10 hours following 8 consecutive hours off duty; (2) For any period after having been on duty 15 hours following 8 consecutive hours off duty.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Motion picture production site transportation — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Oilfield operations: 24-hour restart

**CFR citation:** 49 CFR 395.1(d)(1)

**Who qualifies:** drivers of commercial motor vehicles used exclusively in the transportation of oilfield equipment

**What it exempts from:** any period of 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours

**Radius or condition:** off-duty period of 24 or more successive hours

**Baseline limit (for context):** § 395.3(c)(2): an 8-consecutive-day period otherwise restarts only with an off-duty period of 34 or more consecutive hours.

> (1) In the instance of drivers of commercial motor vehicles used exclusively in the transportation of oilfield equipment, including the stringing and picking up of pipe used in pipelines, and servicing of the field operations of the natural gas and oil industry, any period of 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Oilfield operations: 24-hour restart — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Oilfield operations: waiting time at a well site

**CFR citation:** 49 CFR 395.1(d)(2)

**Who qualifies:** specially trained drivers of commercial motor vehicles that are specially constructed to service oil wells

**What it exempts from:** on-duty time shall not include waiting time at a natural gas or oil well site

**Radius or condition:** Waiting time shall not be included in calculating the 14-hour period in § 395.3(a)(2)

**Baseline limit (for context):** § 395.3(a)(2): a driver may not drive after a period of 14 consecutive hours after coming on-duty.

> (2) In the case of 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. Such waiting time shall be recorded as “off duty” for purposes of § 395.8 , with remarks or annotations to indicate the specific off-duty periods that are waiting time, or on a separate “waiting time” line on the record of duty status to show that off-duty time is also waiting time. Waiting time shall not be included in calculating the 14-hour period in § 395.3(a)(2) .

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Oilfield operations: waiting time at a well site — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Pipeline welding trucks

**CFR citation:** 49 CFR 395.1(x)

**Who qualifies:** drivers of “pipeline welding trucks,” as defined in 49 CFR 390.38(b)

**What it exempts from:** The rules in this part do not apply

**Baseline limit (for context):** All of part 395, including the § 395.3 11-hour driving cap, 14-hour window and 60/70-hour limits.

> (x) Pipeline welding trucks. The rules in this part do not apply to drivers of “pipeline welding trucks,” as defined in 49 CFR 390.38(b) .

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Pipeline welding trucks — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Property-carrying driver: 16-hour short-haul exception

**CFR citation:** 49 CFR 395.1(o)

**Who qualifies:** A property-carrying driver

**What it exempts from:** exempt from the requirements of § 395.3(a)(2)

**Radius or condition:** (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

**Baseline limit (for context):** § 395.3(a)(2): a driver may not drive after a period of 14 consecutive hours after coming on-duty.

> (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) .

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Property-carrying driver: 16-hour short-haul exception — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Railroad signal employees

**CFR citation:** 49 CFR 395.1(r)

**Who qualifies:** a signal employee, as defined in § 395.2 , who operates a commercial motor vehicle, is engaged in installing, repairing, or maintaining signal systems

**What it exempts from:** The provisions of this part shall not apply

**Radius or condition:** is employed by a railroad carrier or a contractor or subcontractor to a railroad carrier, while regulated by the Federal Railroad Administration

**Baseline limit (for context):** All of part 395, including the § 395.3 11-hour driving cap, 14-hour window and 60/70-hour limits.

> (r) Railroad signal employees. The provisions of this part shall not apply to a signal employee, as defined in § 395.2 , who operates a commercial motor vehicle, is engaged in installing, repairing, or maintaining signal systems, is employed by a railroad carrier or a contractor or subcontractor to a railroad carrier, while regulated by the Federal Railroad Administration.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Railroad signal employees — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Ready-mixed concrete delivery vehicle

**CFR citation:** 49 CFR 395.1(t)

**Who qualifies:** A driver of a ready-mixed concrete delivery vehicle

**What it exempts from:** 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

**Radius or condition:** providing the driver performs no other work during the break

**Baseline limit (for context):** § 395.3(a)(3)(ii): driving is not permitted after 8 hours of driving time without a consecutive 30-minute interruption.

> (t) Ready-mixed concrete delivery vehicle. A driver of a ready-mixed concrete delivery vehicle subject to the requirement for a 30-minute rest break in § 395.3(a)(3)(ii) 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.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Ready-mixed concrete delivery vehicle — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Retail store deliveries (December 10-25)

**CFR citation:** 49 CFR 395.1(f)

**Who qualifies:** drivers of commercial motor vehicles engaged solely in making local deliveries from retail stores and/or retail catalog businesses to the ultimate consumer

**What it exempts from:** The provisions of § 395.3 (a) and (b) shall not apply

**Radius or condition:** 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

**Baseline limit (for context):** § 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.

> (f) Retail store deliveries. The provisions of § 395.3 (a) and (b) shall not apply with respect to drivers of commercial motor vehicles engaged solely in making local deliveries from retail stores and/or retail catalog businesses to the ultimate consumer, when 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.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Retail store deliveries (December 10-25) — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Short-haul driver of a vehicle not requiring a CDL

**CFR citation:** 49 CFR 395.1(e)(2)

**Who qualifies:** 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

**What it exempts from:** a driver is exempt from the requirements of §§ 395.3(a)(2) , 395.8 , and 395.11

**Radius or condition:** 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;

**Baseline limit (for context):** § 395.3(a)(2): a driver may not drive after a period of 14 consecutive hours after coming on-duty.

> (2) Operators of property-carrying commercial motor vehicles not requiring a commercial driver's license. Except as provided in this paragraph, a driver is exempt from the requirements of §§ 395.3(a)(2) , 395.8 , and 395.11 and ineligible to use the provisions of § 395.1(e)(1) , (g) , and (o) if: (i) 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 ; (ii) 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;

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Short-haul driver of a vehicle not requiring a CDL — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Sleeper berth split rest: oil well servicing vehicle

**CFR citation:** 49 CFR 395.1(g)(2)

**Who qualifies:** A specially trained driver who operates a commercial motor vehicle specially constructed to service natural gas or oil wells

**What it exempts from:** 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

**Radius or condition:** (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)

**Baseline limit (for context):** § 395.3(a)(1): a driver may not drive without first taking 10 consecutive hours off duty.

> (2) Specially trained driver of a specially constructed oil well servicing commercial motor vehicle at a natural gas or oil well location. A specially trained driver who operates a commercial motor vehicle specially constructed to service natural gas or oil wells that is equipped with a sleeper berth, as defined in §§ 395.2 and 393.76 of this subchapter , or who is off duty at a natural gas or oil well location, 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; or by taking two periods of rest in a sleeper berth, or other sleeping accommodation at a natural gas or oil well location, providing: (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) ;

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Sleeper berth split rest: oil well servicing vehicle — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Sleeper berth split rest: passenger-carrying vehicle

**CFR citation:** 49 CFR 395.1(g)(3)

**Who qualifies:** A driver who is driving a passenger-carrying commercial motor vehicle that is equipped with a sleeper berth

**What it exempts from:** 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

**Radius or condition:** (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

**Baseline limit (for context):** § 395.3 applies to property-carrying vehicles; passenger-carrying drivers are held to the separate limits in § 395.5.

> (3) Passenger-carrying commercial motor vehicles. A driver who is driving a passenger-carrying commercial motor vehicle that is equipped with a sleeper berth, as defined in §§ 395.2 and 393.76 of this subchapter , 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; or by taking two periods of rest in the sleeper berth, providing: (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; and

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Sleeper berth split rest: passenger-carrying vehicle — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Sleeper berth split rest: property-carrying vehicle

**CFR citation:** 49 CFR 395.1(g)(1)

**Who qualifies:** A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth

**What it exempts from:** The equivalent of at least 10 consecutive hours off-duty calculated under paragraphs (g)(1)(ii) and (iii) of this section

**Radius or condition:** A combination of consecutive sleeper berth and off-duty time amounting to at least 10 hours

**Baseline limit (for context):** § 395.3(a)(1): a driver may not drive without first taking 10 consecutive hours off duty.

> (i) General. A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in § 395.2 , and uses the sleeper berth to obtain the off-duty time required by § 395.3(a)(1) must accumulate: (A) At least 10 consecutive hours off-duty; (B) At least 10 consecutive hours of sleeper berth time; (C) A combination of consecutive sleeper berth and off-duty time amounting to at least 10 hours; (D) A combination of sleeper berth time of at least 7 consecutive hours and up to 3 hours riding in the passenger seat of the vehicle while the vehicle is moving on the highway, either immediately before or after the sleeper berth time, amounting to at least 10 consecutive hours; or (E) The equivalent of at least 10 consecutive hours off-duty calculated under paragraphs (g)(1)(ii) and (iii) of this section.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Sleeper berth split rest: property-carrying vehicle — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** State of Alaska: adverse driving conditions

**CFR citation:** 49 CFR 395.1(h)(3)

**Who qualifies:** A driver who is driving a commercial motor vehicle in the State of Alaska and who encounters adverse driving conditions

**What it exempts from:** may drive and be permitted or required to drive a commercial motor vehicle for the period of time needed to complete the run

**Radius or condition:** 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

**Baseline limit (for context):** 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.

> (3) Adverse driving conditions. (i) A driver who is driving a commercial motor vehicle in the State of Alaska and who encounters adverse driving conditions (as defined in § 395.2 ) may drive and be permitted or required to drive a commercial motor vehicle for the period of time needed to complete the run. (ii) 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; and (iii) After a passenger-carrying commercial motor vehicle driver completes the run, that driver must be off-duty for at least 8 consecutive hours before he/she drives again.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

State of Alaska: adverse driving conditions — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** State of Alaska: passenger-carrying vehicle

**CFR citation:** 49 CFR 395.1(h)(2)

**Who qualifies:** any driver who is driving a passenger-carrying commercial motor vehicle in the State of Alaska

**What it exempts from:** The provisions of § 395.5 do not apply

**Radius or condition:** 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

**Baseline limit (for context):** § 395.5 sets the separate driving limits for passenger-carrying vehicles; § 395.3 covers property-carrying vehicles.

> (2) Passenger-carrying commercial motor vehicle. The provisions of § 395.5 do not apply to any driver who is driving a passenger-carrying commercial motor vehicle in the State of Alaska. A driver who is driving a passenger-carrying commercial motor vehicle in the State of Alaska 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, if the motor carrier for which the driver drives operates every day in the week.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

State of Alaska: passenger-carrying vehicle — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** State of Alaska: property-carrying vehicle

**CFR citation:** 49 CFR 395.1(h)(1)

**Who qualifies:** any driver who is driving a commercial motor vehicle in the State of Alaska

**What it exempts from:** The provisions of § 395.3(a) and (b) do not apply

**Radius or condition:** 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

**Baseline limit (for context):** § 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.

> (i) In general. The provisions of § 395.3(a) and (b) do not apply to any driver who is driving a commercial motor vehicle in the State of Alaska. A driver who is driving a property-carrying commercial motor vehicle in the State of Alaska 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, if the motor carrier for which the driver drives operates every day in the week.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

State of Alaska: property-carrying vehicle — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** State of Hawaii

**CFR citation:** 49 CFR 395.1(i)

**Who qualifies:** a driver who drives a commercial motor vehicle in the State of Hawaii

**What it exempts from:** The rules in § 395.8 do not apply

**Radius or condition:** if the motor carrier who employs the driver maintains and retains for a period of 6 months accurate and true records

**Baseline limit (for context):** § 395.3's driving and on-duty limits still apply; only the § 395.8 record-of-duty-status rules are lifted.

> (i) State of Hawaii. The rules in § 395.8 do not apply to a driver who drives a commercial motor vehicle in the State of Hawaii, if the motor carrier who employs the driver maintains and retains for a period of 6 months accurate and true records showing— (1) The total number of hours the driver is on duty each day; and (2) The time at which the driver reports for, and is released from, duty each day.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

State of Hawaii — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Transport of commercial bees

**CFR citation:** 49 CFR 395.1(u)

**Who qualifies:** a driver engaged in the interstate transportation of bees by commercial motor vehicle

**What it exempts from:** The provisions of § 395.3(a)(3)(ii) , requiring a 30-minute rest break, do not apply

**Radius or condition:** as long as the bees are on the vehicle

**Baseline limit (for context):** § 395.3(a)(3)(ii): driving is not permitted after 8 hours of driving time without a consecutive 30-minute interruption.

> (u) Transport of commercial bees. The provisions of § 395.3(a)(3)(ii) , requiring a 30-minute rest break, do not apply to a driver engaged in the interstate transportation of bees by commercial motor vehicle as long as the bees are on the vehicle.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Transport of commercial bees — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Transport of livestock

**CFR citation:** 49 CFR 395.1(v)

**Who qualifies:** a driver engaged in the interstate transportation of livestock by commercial motor vehicle

**What it exempts from:** The provisions of § 395.3(a)(3)(ii) , requiring a 30-minute rest break, do not apply

**Radius or condition:** while the livestock are on the vehicle

**Baseline limit (for context):** § 395.3(a)(3)(ii): driving is not permitted after 8 hours of driving time without a consecutive 30-minute interruption.

> (v) Transport of livestock. The provisions of § 395.3(a)(3)(ii) , requiring a 30-minute rest break, do not apply to a driver engaged in the interstate transportation of livestock by commercial motor vehicle while the livestock are on the vehicle.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Transport of livestock — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Travel time: passenger-carrying vehicle

**CFR citation:** 49 CFR 395.1(j)(2)

**Who qualifies:** 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

**What it exempts from:** 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

**Radius or condition:** unless the driver is afforded at least 8 consecutive hours off duty when arriving at destination

**Baseline limit (for context):** § 395.5 sets the separate limits for passenger-carrying vehicles; § 395.3 covers property-carrying vehicles.

> (2) When 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.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Travel time: passenger-carrying vehicle — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Travel time: property-carrying vehicle

**CFR citation:** 49 CFR 395.1(j)(1)

**Who qualifies:** 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

**What it exempts from:** 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

**Radius or condition:** unless the driver is afforded at least 10 consecutive hours off duty when arriving at destination

**Baseline limit (for context):** § 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.

> (1) When 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.

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Travel time: property-carrying vehicle — Federal hours-of-service exemptions by commercial driver operation type


**Exemption:** Utility service vehicles

**CFR citation:** 49 CFR 395.1(n)

**Who qualifies:** a driver of a utility service vehicle as defined in § 395.2

**What it exempts from:** The provisions of this part shall not apply

**Baseline limit (for context):** All of part 395, including the § 395.3 11-hour driving cap, 14-hour window and 60/70-hour limits.

> (n) Utility service vehicles. The provisions of this part shall not apply to a driver of a utility service vehicle as defined in § 395.2 .

Source: <https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395/subpart-A/section-395.1>

Utility service vehicles — Federal hours-of-service exemptions by commercial driver operation type