Understanding FMCSA Exceptions and Exemptions for Commercial Trucking

Summary: Commercial fleets can utilize several FMCSA exemptions and exceptions to reduce wasted hours, offer drivers more flexibility, and improve safety on the road. It is vital to maintain accurate records when using these special conditions, and technology tools can automate and reduce the complexity of compliance.

What is the difference between an FMCSA exception and an exemption?

While they sound similar, FMCSA exemptions and exceptions have very different meanings. Exemptions allow drivers to be exempt from the U.S. government’s ELD mandate, while exceptions only allow drivers to exceed certain preset limits by the FMCSA under very specific circumstances.

Exemptions and exceptions can be useful tools for improving driver satisfaction and safety and increasing fleet productivity by eliminating wasted time. However, drivers and back-office staff must be thoroughly trained to use them appropriately and provided with the right tools to track and report. Abuse of exemptions and exceptions can result in out-of-service time and serious fines.

Most Common FMCSA Exemptions

What is the short-haul exemption?

Since the end of 2019, many commercial fleets have been enjoying the benefits of the Federal Motor Carrier Safety Administration (FMCSA) short-haul exemption. With the exemption, qualified drivers are no longer required to maintain daily records of duty (RODs), whether via paper logs or electronic logging devices (ELDs).

Who qualifies for a short-haul exemption?

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In order to qualify for a short-haul exemption, CMV drivers must:

• Stay within an air radius of 150 miles for the US (or 160 Km for Canada)
• ‍Drivers who start and end their shift at the same terminal
• Drivers who drive no more than 14 hours in the US (or 16 hours in Canada)
• Drivers who have a 10-hour off-duty break before the next On-Day

What is the sleeper berth split provision?

The sleeper berth provision allows drivers to split their 10-hour off-duty requirement into two parts: at least seven hours inside their sleeper berth, and at least two hours spent inside or outside of the berth. When used together properly, neither time period counts against the maximum 14-hour driving window.

This provision can be a little tricky and may take additional training for drivers, but it offers increased flexibility and job satisfaction, reduced fatigue and safer routes, and less time wasted waiting at loading docks or in detention time. Drivers can utilize the split to take a break when needed, or may be able to count the unload wait time at the customer’s yard as part of their break time. The right fleet technology is particularly important in helping drivers track and utilize this exemption.

What is the yard move exemption?

This exemption can be used daily by fleets, as it prevents time spent in the yard from being counted against drivers' drive time (though yard move time still counts against on-duty hours). Yard moves often happen inside restricted areas, like a customer’s yard, a receiver facility, or the fleet yard. By letting drivers switch over into a “yard move” mode in their HOS tracker, you are potentially saving hours of drive time over a week or month.

Most Common FMCSA Exceptions

FMSCA exceptions set the parameters for specific situations in which drivers can temporarily “break” certain FMCSA rules if prerequisites are met. 

What is the Adverse Conditions Exception?

The adverse conditions exception allows drivers to exceed the FMCSA regulations for maximum driving hours by up to two additional hours in any situation that increases the risk of a traffic accident. This increases the maximum driving time to 13 hours for property motor carriers and 12 hours for passenger carriers. However, the adverse conditions exemption only applies to driving time, not the total time a driver is on duty.

Some examples of conditions that would satisfy the need for the adverse conditions exception include: 

• Snow, sleet, fog, or other challenging weather conditions 
• A highway covered with snow or ice 
• Unusual road and traffic conditions 
• Unexpectedly heavy traffic 
• Road closures due to accidents or other incidents

The adverse conditions exception is intended only to allow a driver to reach a safe location to go off-duty and is not intended to extend the driver's day to complete a load. Fleets should exercise caution with this exception, as it has historically been misused and could result in violations if not properly vetted and approved. 

What is the 16-Hour Exception?

This exception allows drivers to extend their driving window from 14 to 16 hours once every 7 days. This exception must be used sparingly by definition, but drivers and fleets can use it to take on additional loads or extend a driver's day to complete an existing load.

The purpose behind the 16-hour exception is to accommodate long load/unloading times and to compensate for other tasks that don’t involve driving. The intention is to allow drivers who normally return home at the end of the day to not be stuck at a location due to driving/duty hour restrictions.

The other requirements for the 16-hour exception require that drivers:

• Return to the same work location for the previous five workdays 
• Be released from duty within 16 hours after coming on-duty 
• Take a continuous daily reset break before and after the shift 
• Use the exception only once within a weekly on-duty period 
• Use no other exception at the same time 

Understanding and using this exception can keep you out of HOS violations and get your drivers home at the end of the day without issue.

How to simplify FMCSA exemptions and exceptions with technology

Documentation is vital in using FMCSA exemptions and exceptions. Automatic telematics tools can keep your drivers in compliance and avoid costly negative surprises down the road. For example, if a driver violates the short-haul exemption guidelines, it can result in a 30-minute break, cutting into precious delivery timelines and reducing earning potential.

Automatic HOS trackers are very helpful for the short-haul exemption as they can:

• Alert drivers when they are getting close to exceeding their 150-mile threshold
• Apply the short-haul exemption to all qualified drivers through a toggle in their driver profile
• Automatically shifts to a new ruleset if any short-haul requirements are exceeded
• Streamline inspections by clearly displaying exemption status for officers

Easy-to-update duty status tools let drivers update their status and receive break reminders, saving time and promoting safety on the road. A simple toggle switch during yard moves can help fleets incorporate the yard move exemption, saving valuable drive time.

For the sleeper berth split, digital tools reduce mental math and accurately calculate the proper split sleeper berth periods (e.g., 8/2 or 7/3 hours), helping drivers plan and understand how it impacts their driving window. Fleet managers can also see which drivers are using the split and identify additional potential use cases for it.

The software tools you choose can make using these provisions easier or more difficult, depending on your provider. Understanding and properly applying exemptions and exceptions can lead to greater fleet savings and improve driver retention and customer satisfaction.

Have questions about how Platform Science solves for these exemptions and exceptions? Contact us now and schedule a demo.