The Federal Motor Carrier Safety Administration (FMCSA) sets strict Hours-of-Service (HOS) rules to regulate the amount of time commercial motor vehicle (CMV) drivers can operate. While these rules establish a standard workday limit, the FMCSA recognizes that short-haul operations occasionally face unexpected delays. The 16-Hour Short-Haul Exception, outlined in 49 CFR 395.1(o), offers qualifying property-carrying drivers flexibility to complete their routes without violating duty-hour constraints. This provision is tailored for local drivers who typically finish their workday at their starting location, allowing them to overcome unforeseen circumstances like traffic or extended loading times.
The Foundation of Hours-of-Service Rules
The baseline for all driver scheduling is the standard Hours-of-Service (HOS) regulation, which applies to most property-carrying CMV operators. The fundamental restriction is the 14-hour duty window, which begins the moment a driver starts any on-duty activity following 10 consecutive hours off-duty.
This 14-hour window is a hard limit; a driver cannot operate a CMV after it expires, regardless of actual driving performed. Within this duty period, a driver is limited to a maximum of 11 hours of driving time. Off-duty time, such as lunch breaks, does not pause the 14-hour clock. Standard HOS rules also include weekly limits of 60 hours in seven days or 70 hours in eight days.
Defining the 16-Hour Short-Haul Exception
The 16-hour rule permits an eligible driver to extend their standard 14-hour duty window by two hours, resulting in a maximum 16-hour duty period. This provision is a relief measure intended for use only when a driver encounters unexpected delays, not for routine scheduling.
The exception applies only to the total on-duty time, or the driving window, not the actual time spent behind the wheel. The maximum allowable driving limit remains capped at 11 hours within the extended 16-hour duty period. This ensures that while a driver has more time for non-driving tasks like loading or waiting, the fatigue associated with operating the vehicle is still limited by the 11-hour driving cap.
Specific Eligibility Requirements for Drivers
To legally invoke the 16-hour exception, a driver must meet a precise set of criteria simultaneously, ensuring the provision is used only by genuine short-haul operators.
Normal Work Reporting Location
The driver must report to and return to their “normal work reporting location” for the day. This is the specific terminal or base where the workday begins and ends. This requirement prevents the exception from being used by drivers on multi-day, over-the-road routes.
150 Air-Mile Radius
The driver must operate exclusively within a 150 air-mile radius of that normal work reporting location. An air-mile is a measurement of a straight line, similar to a crow flies distance, which is approximately equivalent to 172.6 statute or road miles. If the driver exceeds this 150 air-mile limit at any point during their shift, they immediately become ineligible to use the exception for that day.
Previous Duty Tours
On the day the exception is used, the driver must be released from duty within 16 consecutive hours of first coming on duty. Additionally, the driver must have returned to and been released from their normal work reporting location within the standard 14-hour limit for the previous five duty tours. This condition ensures the driver consistently operates a short-haul route.
Restrictions on the Frequency of Use
The 16-hour exception is a flexibility tool, not a method for routinely scheduling longer shifts, and its use is tightly controlled. A driver can only utilize the 16-hour exception once within any period of seven consecutive days. This limitation prevents the cumulative fatigue that would result from regularly extending the duty day.
The seven-day clock begins when the exception is used. The only way to reset this frequency limitation earlier is for the driver to take a full 34-hour restart period off duty. For example, if the exception is used on a Tuesday, they may not use it again until the following Tuesday, unless they complete a continuous 34-hour period off-duty beforehand. Attempting to use the exception a second time prematurely results in a serious HOS violation.
Documentation and Logging Requirements
Properly documenting the use of the 16-hour exception is mandatory for compliance. Drivers required to use an Electronic Logging Device (ELD) must ensure the device is correctly configured to show the exception, typically by selecting a specific setting or annotation.
The log, whether electronic or paper, must clearly indicate the driver’s use of the short-haul exception for that duty period. This notation serves as evidence that the extended duty period was intentional and compliant. Failure to accurately record the start time, release time, and use of the exception can lead to violations during inspections or audits. The driver and carrier must also be prepared to demonstrate that all eligibility requirements, including the pattern of returning to the normal work reporting location for the previous five days, were met.