From:                              Idealease <>

Sent:                               Friday, November 14, 2014 5:29 PM


Subject:                          Idealease Safety Bulletin - Are you taking advantage of the Short Haul HOS Exemption?



Idealease Safety Bulletin






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Are you aware of the Short Haul Provisions in the FMCSA Hours of Service Regulation in CFR 395?



If you operate a commercial vehicle that does not require a CDL license your drivers can utilize a provision to the regulations to allow them to keep time records in lieu of a grid log.   This applies to drivers who operate within a 150 mile air radius (172 ground or statute miles) of the terminal location and meets the requirements of the regulations below. Drivers of units that require a CDL also can take advantage of a 100 air mile radius (115 ground or statute miles) provision that allows them to keep time records in lieu of a grid log.


So what is the advantage of using the short haul provisions?


To the driver it allows them to complete the day's work without keeping a log book current to the last change of duty status.  For a driver that has numerous pickups and drops this can be tedious and subjects the driver to log book violations if supporting documentation such as delivery receipts, fuel receipts and other supporting documentation does not match the log.


The company benefits by not being subject to false log violations during a compliance review audit as long as the supporting documentation generated by the driver falls in between the time the driver starts their tour of duty and the end there is no false log violation.

In the new proposed Electronic Logging Device (ELD) regulation that should become final next year there is an exemption for Short Haul operations.  This would mean that drivers exempt from log books (100-mile or 150-mile radius, 12 hour drivers) are exempt from ELD rule  Exempt drivers may use paper logs when they exceed limits of exemption, as long as they do not exceed the limits more than 8 times in any rolling 30-day period.  Exempt drivers must still maintain supporting documents for on-duty, not driving periods.


Short-Haul Provision for NON-CDL CMV Drivers

Drivers of property-carrying commercial motor vehicles that do not require a CDL for operation and operate within a 150 air-mile radius of their normal work reporting location:

Maximum of 11 hours driving, minimum 10 hours off-duty, 14 consecutive hour duty period, 60/70 hours in 7/8 days, 34-hour restart all apply.


On any 2 days of every 7 consecutive days, the driver may extend the 14-hour duty period to 16 hours.

There is no requirement that the driver be released from duty at the end of the 14- or 16-hour duty periods. The driver may continue to perform non-driving duties, which would be counted against the 60/70 hour weekly limitation.


Time records may be used in lieu of records of duty status
Drivers who use this short-haul provision are not eligible to use 100 air-mile provision 395.1(e)  or the current 16-hour exception in 395.1 (o)


Short-Haul Provision for CDL Required CMV Drivers

Drivers of property-carrying commercial motor vehicles that require a CDL for operation and operate within a 100 air-mile radius of their normal work reporting location:

  • The driver operates within a 100 air-mile (115 statute/ground miles) radius of the normal work reporting location, and
  • The driver returns to the work reporting location and be released from duty within 12 consecutive hours, and
  • The driver maintains time records as specified in the rule, and
  • The driver is not covered by the "non-CDL 150 air-mile radius" provision

For both of these provisions the driver/carrier must maintain and retain for a period of 6 months accurate and true time records showing:

  • 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; and
  • The total time for the preceding 7 days in accordance with 395.8(j)(2) for drivers used for the first time or intermittently.



DOT Denies Industry Request to take CSA Scores Offline


In a letter dated October 30,2014 Secretary of Transportation Anthony Foxx has denied a request from the trucking industry to remove all CSA scores from public view.  NPTC recently joined the American Trucking Associations and a dozen other trade associations in an August 22, 2014 request to Secretary Foxx to remove the CSA scores from public view on the agency's website, as the data is not sufficiently comprehensive or reliable, but is being used by shippers, insurers and the courts in a manner not intended by the FMCSA. 


Secretary's Foxx's response confirms the department's intent to keep the scores public and goes on to say that DOT disagrees with the finding of the Government Accountability Office that scores are unreliable indicators of future crash risk.  Moreover, it sidesteps discussing the reliability of scores by focusing on the benefits of using them for enforcement prioritization.


As a result, the industry will continue to support a bill introduced by Rep. Lou Barletta (R-PA), a member of the Transportation and Infrastructure Committee of the U.S. House of Representatives, that would bar the FMCSA from making motor carrier's safety scores and rankings publicly available under the CSA program until the agency submits a report to Congress on its efforts to improve the CSA system. 


H.R. 5532, the Safer Trucks and Buses Act of 2014, would ensure that covered motor carrier data is not made available to the public.  In addition, such data could not be admitted into evidence or otherwise used in any lawsuit or other civil action for damages resulting from an incident involving a motor carrier.  "Covered motor carrier data" is defined to mean data generated with respect to a motor carrier under CSA, including any ranking, rating, score, or other measurement.


The bill also requires the FMCSA to submit a study to Congress within one year on recommendations to improve CSA, including how the program:

  1. utilizes and generates only safety data and scores, including Safety Measurement System scores, determined to be predictive of motor carrier accidents;
  2. appropriately addresses concerns relating to the age of utilized safety data, including violations;
  3. does not unfairly harm small motor carriers as a result of limited safety data availability;
  4. appropriately addresses differences between motor carriers transporting passengers and motor carriers transporting freight;
  5. generates safety data that allows individual motor carriers, including safety scores assigned to individual motor carriers, to be effectively compared; and,
  6. utilizes accurate safety data, including-
    • by appropriately addressing variations between State- and self-reported data;
    • by accounting for geographic disparities with respect to enforcement; and
    • by utilizing only crash data from crashes with respect to which a motor carrier was at fault.



November 14, 2014



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The Office of Management and Budget has approved the Federal Motor Carrier Safety Administration's Advance Notice of Proposed Rulemaking on Minimum Financial Responsibility requirements for motor carriers, including hazardous materials carriers.  This will allow the ANPRM to be published in the Federal Register in the very near future.  The ANPRM will solicit comments on the need to increase the liability minimums, but will not contain a specific regulatory proposal.

 In April 2014, the FMCSA released the findings of its report to Congress on the adequacy of the minimum financial responsibility standards for for-hire motor carriers and hazardous materials transporters.  The report concludes that these liability requirements, which have not changed since 1985, are overdue for revision.





The Idealease Safety Bulletin is provided for Idealease affiliates and their customers and is not to be construed as a complete or exhaustive source of compliance or safety information. The Idealease Safety Bulletin is advisory in nature and does not warrant, guarantee, or otherwise certify compliance with laws, regulations, requirements, or guidelines of any local, state, or Federal agency and/or governing body, or industry standards.



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