<img height="1" width="1" src="https://www.facebook.com/tr?id=315320239199943&amp;ev=PageView&amp;noscript=1">

HOS Exemptions - Are They Available to Driver-Salespersons?The electronic logging device (ELD) mandate has brought forward a lot of confusion about whether a specific vehicle and/or operation must comply or is exempt. This blog breaks down a number of hours-of-service (HOS) exemption and outlines who it applies to.

What is a Driver-Salesperson?

To begin, the ‘driver-salesperson’ category of employee is defined in Part 395 as someone who is employed solely as such by a private carrier of property by commercial motor vehicle (CMV).  What this entails is not moving another motor carrier’s goods for hire.

The employee must be engaged in selling goods, services, or the use of goods. This employee may be engaged in the delivering by CMV of the goods sold or provided or upon which the services are performed.  two men shaking handsThe employee must remain entirely within a radius of 100 miles of the point at which he/she reports for duty.

The employee must also not devote more than 50% of his/her on duty hours to driving. It’s important to note that the 50% of driving in the definition of driving time is determined on a weekly basis.

The term "selling goods" for purposes of this section includes the solicitation or obtaining of reorders or new accounts.  It may also include other selling or merchandising activities designed to retain the customer, or to increase the sale of goods or services, in addition to solicitation or obtaining of reorders or new accounts.

What Exceptions are Available to a Driver-Salesperson?

If the driver meets the "driver-salesperson" definition in §395.2, as described above, he/she does not have to comply with the cycle requirements under §395.3(b) provided he/she does not exceed 40 hours driving in any 7-consecutive-day period.

No Record of Duty Status Provision

A property-carrying driver-salesperson may use the "no record of duty status (RODS)" provision of §395.1(e)(1) if the driver-salesperson meets the requirements of operating within a 100-air-mile radius and has at least 10 consecutive hours off-duty separating each 12 hours on-duty. 

Although a driver-salesperson is not required to return to the work reporting location to be released from work within 12 hours, he/she may not drive after the 14th hour after coming on duty.  Further, a driver-salesperson using the 100-air-mile radius exception must complete a RODS on days in which he/she exceeds 12 hours on duty.

16-Hour Exception

A driver-salesperson may also be eligible to use the 16-hour exception of § 395.1(o) if he/she meets all of the requirements of this section. This 16-hour exception is applicable if your employees usually come back to their work-reporting location and go home at the end of they workday. This exception allows a driver to extend the 14-consecutive-hour driving window to 16 hours once every 7 consecutive days. In order to use this exception, your employees must do the following: 

Truck driver on the road

      • Return to their work reporting location that day, as well as for their last 5 duty tours. A duty tour is the period of time from when an employee comes to work to when he/she leaves work. Their “workday,” is the time between their off-duty periods of at least 10 consecutive hours.
      • Be released from duty within 16 hours after coming on duty.
      • Only use this exception once every 7 consecutive days, unless your employee took 34 consecutive hours off to restart a new cycle.

Non-CDL Shout Haul 150-Mile Exception

Your employee may not use the 16-hour exception if he/she qualifies for the “Non-CDL Short Haul 150-mile Exception”.  This specific exception applies if your employee drives short distances in a truck that does not require a commercial driver’s license (CDL). 

This short-haul exception allows your employee to extend the 14-hour driving window to 16 hours on 2 days in a 7-consecutive-day period or after any 34-hour restart and does not require your employee to keep a logbook. 

Note that the FMCSA does not enforce the 30-minute rest break provision (49 CFR 395.3 (a)(3)(ii)) against any driver who qualifies for this short-haul exception.

Your employee can only use this exception if he/she:

  • Drives a truck that is a “commercial motor vehicle” but does not require a CDL, and
  • Works within a 150 air-mile radius of their normal work reporting location and return there each day.

If your employee meets the criteria for using the non-CDL short-haul exception, he/she must not:

  • Drive for more than 11 hours following 10 consecutive hours off duty;
  • Drive past the 14th hour after coming on duty 5 days in any period of 7 consecutive days; and
  • Drive past the 16th hour after coming on duty 2 days in any period of 7 consecutive days.
  • Drive after being on duty 60 hours in any 7 consecutive days or 70 hours in any 8 consecutive days (unless you took 34 consecutive hours off to restart a 7/8-day period that meets the conditions listed above).

Under this exception, your employee is not required to keep a log book, but must keep accurate and true time records for 6 months showing:stack of paperwork

  • The time the driver reports for duty each day
  • The total number of hours the driver is on duty each day
  • The time the driver is released from duty each day
  • The total time for the preceding 7 days in accordance with Section 395.8(j)(2) for drivers used for the first time or intermittently

If your employee come under this exception, he/she is not eligible for the 100 air-mile radius exception, the 16-hour short-haul exception, or the split sleeper-berth provision.

How BigRoad Can Help

Our DashLink ELD allows you to easily use exceptions and ensure that all of your drivers' logs are accurate and easy-to-read. Our solution is simple, affordable, and flexible. Book a free demo now to learn more!

Request Demo

 

About the Author: Marc Moncion

Marc Moncion

Marc is the Head of Safety, Compliance & Regulatory Affairs for Fleet Complete. Marc is an author and industry subject matter expert that has worked in numerous senior transportation management roles for over 25 years, including an Inspector for the MTO. Marc sits on several Federal/State/Provincial regulatory bodies, and frequently provides commentary on emerging technology, best practices and regulatory affairs. In addition, Marc is a commercial driver’s licence (CLD) holder, and can drive all types of commercial vehicles in North America.