[Code of Federal Regulations] [Title 49, Volume 4] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR395.1] [Page 1126-1128] TITLE 49--TRANSPORTATION CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 395--HOURS OF SERVICE OF DRIVERS--Table of Contents Sec. 395.1 Scope of rules in this part. (a) General. (1) The rules in this part apply to all motor carriers and drivers, except as provided in paragraphs (b) through (n) of this section. (2) The exceptions from Federal requirements contained in paragraphs (l) through (n) do not preempt State laws and regulations governing the safe operation of commercial motor vehicles. (b) Adverse driving conditions. (1) Except as provided in paragraph (i)(2) of this section, a driver who encounters adverse driving conditions, as defined in Sec. 395.2, and cannot, because of those conditions, safely complete the run within the 10-hour maximum driving time permitted by Sec. 395.3(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours in order 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. However, that driver may not drive or be permitted to drive-- (i) For more than 12 hours in the aggregate following 8 consecutive hours off duty; or (ii) After he/she has been on duty 15 hours following 8 consecutive hours off duty. (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. (c) Driver-salesperson. The provisions of Sec. 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. (d) Oilfield operations. (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. (2) In the case of specially trained drivers of commercial motor vehicles which are specially constructed to service oil wells, on-duty time shall not include waiting time at a natural gas or oil well site; provided, that all such time shall be fully and accurately accounted for in records to be maintained by the motor carrier. Such records shall be made available upon request of the Federal Motor Carrier Safety Administration. (e) 100 air-mile radius driver. A driver is exempt from the requirements of Sec. 395.8 if: (1) The driver operates within a 100 air-mile radius of the normal work reporting location; (2) The driver, except a driver salesperson, returns to the work reporting location and is released from work within 12 consecutive hours; (3) At least 8 consecutive hours off duty separate each 12 hours on duty; (4) The driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and, (5) The motor carrier that employs the driver maintains and retains for a [[Page 1127]] period of 6 months accurate and true time records showing: (i) The time the driver reports for duty each day; (ii) The total number of hours the driver is on duty each day; (iii) The time the driver is released from duty each day; and (iv) The total time for the preceding 7 days in accordance with Sec. 395.8(j)(2) for drivers used for the first time or intermittently. (f) Retail store deliveries. The provisions of Sec. 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. (g) Sleeper berths. Drivers using sleeper berth equipment as defined in Sec. 395.2 or who are off duty at a natural gas or oil well location, may cumulate the required 8 consecutive hours off duty, as required by Sec. 395.3, resting in a sleeper berth in two separate periods totaling 8 hours, neither period to be less than 2 hours, or resting while off duty in other sleeping accommodations at a natural gas or oil well location. (h) State of Alaska. (1) The provisions of Sec. 395.3 shall not apply to any driver who is driving a commercial motor vehicle in the State of Alaska. A driver who is driving a 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. (2) A driver who is driving a commercial motor vehicle in the State of Alaska and who encounters adverse driving conditions (as defined in Sec. 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. After he/she completes the run, that driver must be off duty for 8 consecutive hours before he/she drives again. (i) State of Hawaii. The rules in Sec. 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. (j) Travel time. When a driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier, such time shall 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 shall be considered off duty for the entire period. (k) Agricultural operations. The provisions of Sec. 395.3 shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes in a State if such transportation: (1) Is limited to an area within a 100 air mile radius from the source of the commodities or the distribution point for the farm supplies, and (2) Is conducted during the planting and harvesting seasons within such State, as determined by the State. (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. (m) Construction materials and equipment. In the instance of a driver of a commercial motor vehicle who is used primarily in the transportation of [[Page 1128]] 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. (n) Utility service vehicles. In the instance of a driver of a utility service vehicle, any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours. [57 FR 33647, July 30, 1992, as amended at 58 FR 33777, June 21, 1993; 60 FR 38748, July 28, 1995; 61 FR 14679, Apr. 3, 1996; 63 FR 33279, June 18, 1998]