Short-Haul Exception

The Short-Haul Exception is an FMCSA hours of service provision that lets drivers who stay close to home use simple time records instead of logs or an electronic logging device (ELD). Found in 49 CFR 395.1(e), it covers drivers who operate within a 150 air-mile radius of their normal work reporting location and return there to be released within 14 hours, plus a separate option for property-carrying drivers of vehicles that do not require a commercial driver's license (CDL).

Local delivery, construction, utility, service and distribution fleets rely on the exception every day. Used correctly, it removes much of the paperwork and ELD cost for local drivers. Used carelessly, it is one of the most common sources of hours of service violations, because a single long day or distant job can take a driver outside the exception without anyone noticing.

What Is the Short-Haul Exception?

The general hours of service rules require drivers to keep a record of duty status under 395.8, usually on an ELD, and to keep supporting documents under 395.11. The short-haul exception in 395.1(e) exempts qualifying drivers from those requirements. It contains two separate exceptions:

• 395.1(e)(1), the 150 air-mile radius driver: available to CDL and non-CDL drivers of both property-carrying and passenger-carrying CMVs.
• 395.1(e)(2), the non-CDL short-haul exception: available only to property-carrying drivers operating vehicles that do not require a CDL.

FMCSA expanded the exception in a 2020 final rule, raising the radius from 100 to 150 air miles and the workday from 12 to 14 hours. The short-haul exception is an exception from logging, not from the driving limits. Drivers using it must still comply with the daily driving limits and the 60/70-hour limit that apply to them.

Who Can Use the Exception?

Any motor carrier subject to Part 395 can use the exception for drivers who meet its conditions on a given day. Eligibility is decided day by day. A driver can qualify on Monday, fall outside the exception on Tuesday and qualify again on Wednesday. Common users include:

• Local pickup and delivery drivers and beverage and food distributors
• Construction, ready-mix and aggregate haulers
• Utility, telecom and field service crews
• Waste and recycling routes
• Local passenger shuttle and transit-style operations subject to FMCSA rules

Key Requirements

150 air-mile radius (395.1(e)(1)(i))

The driver must operate within a 150 air-mile radius of the normal work reporting location. One air mile is a nautical mile, so 150 air miles equals 172.6 statute miles. The radius is measured as a straight line from the reporting location, not by road distance.

14-hour release (395.1(e)(1)(ii))

The driver, other than a driver-salesperson, must return to the work reporting location and be released from work within 14 consecutive hours. The 14 hours run from the time the driver comes on duty.

Off-duty time between shifts (395.1(e)(1)(iii))

• Property-carrying drivers must have at least 10 consecutive hours off duty separating each 14-hour on-duty period.
• Passenger-carrying drivers must have at least 8 consecutive hours off duty separating each 14-hour on-duty period.

Time records (395.1(e)(1)(iv))

Instead of logs, the motor carrier must keep accurate and true time records for 6 months 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
• The total time on duty for the preceding 7 days for drivers used for the first time or intermittently

Drivers who qualify under 395.1(e)(1) are exempt from 395.8 records of duty status and 395.11 supporting documents. They are also not required to take the 30-minute break.

The Non-CDL Short-Haul Exception (395.1(e)(2))

Property-carrying drivers of vehicles that do not require a CDL under Part 383 have a second option. Under 395.1(e)(2), the driver must:

• Operate within a 150 air-mile radius of the location where the driver reports to and is released from work
• Return to the normal work reporting location at the end of each duty tour
• Not drive after the 14th hour after coming on duty on 5 days of any period of 7 consecutive days
• Not drive after the 16th hour after coming on duty on 2 days of any period of 7 consecutive days

The carrier must keep the same 6-month time records described above. Drivers who qualify are exempt from the 14-hour window in 395.3(a)(2), from records of duty status and from supporting documents, and do not need the 30-minute break. They must still follow the 11-hour driving limit and the 60/70-hour limit. The CDL requirements page explains which vehicles require a CDL.

When a Driver Loses the Exception

A driver who goes beyond the radius or is not released within the time allowed no longer qualifies for that day. The driver must then prepare a record of duty status for that day and be able to account for hours worked in the previous 7 days, which the carrier's time records should support. Drivers who seldom exceed the exception do not automatically need an ELD. Under the ELD rule, drivers required to keep records of duty status for no more than 8 days in any 30-day rolling period may use paper logs. Drivers who need logs more often must use an ELD, and the carrier must be able to switch drivers onto logging quickly.

Related Local-Driving Exceptions

Part 395 also contains a separate 16-hour property-carrying exception in 395.1(o) for drivers who were released from their normal work reporting location on each of their previous 5 duty tours. It lets the driver return and be released within 16 hours after coming on duty, instead of the usual 14. It may not be used if the driver used it in the previous 6 consecutive days, unless the driver has since taken a 34-hour restart. Several industry-specific exceptions, such as those for ready-mixed concrete and certain agricultural operations, have their own conditions. These are distinct from the short-haul exception and should not be combined without checking the rule text.

Penalties and Enforcement

Officers check short-haul claims at roadside by reviewing where the driver started, the distance from the reporting location and how long the driver has been on duty. A driver who claims the exception but is outside the radius, past the time limit or unable to show a basis for the claim can be cited for having no record of duty status and may be placed out of service. During audits, FMCSA compares carrier time records with GPS data, fuel receipts and delivery records. Missing or inaccurate time records can be cited as recordkeeping violations, and patterns of hours violations can affect the carrier's safety rating and CSA scores. Civil penalties are set by statute and adjusted annually for inflation.

Common Compliance Mistakes

• Measuring the radius by road miles or from the farthest job site instead of in a straight line from the reporting location
• Treating the exception as an exemption from the driving limits and 60/70-hour limit
• Failing to keep time records, or keeping records without start, end and total hours
• Not switching a driver to a log on days the driver exceeds the radius or time limit
• Using the non-CDL 16-hour days more than twice in 7 days, or applying them to CDL vehicles
• Forgetting the 7-day hours history for new and intermittent drivers

How to Comply: Step by Step

1. Define each driver's reporting location. Record the normal work reporting location and map the 150 air-mile radius.
2. Classify vehicles. Identify which vehicles require a CDL so you know whether 395.1(e)(1) or (e)(2) applies.
3. Set up time records. Use a form or system that captures report time, release time and total on-duty hours each day.
4. Train drivers and dispatchers. Explain the radius, the 14-hour release and when a log is required.
5. Plan for exceptions. Give drivers a way to start a log or ELD record immediately when a day runs long or goes beyond the radius.
6. Track log days. Count the days each driver needs a log so you know when the 8-in-30 ELD threshold is reached.
7. Retain and review records. Keep time records for 6 months and audit them against GPS, fuel and delivery records.

How SMS360 Helps

SMS360's DOT Compliance module helps carriers keep short-haul policies, time record checklists and audit findings in one place, with assigned actions when records are missing or a driver exceeds the exception. Training Management tracks driver and dispatcher training on the exception, and Fleet Reports summarize compliance findings across locations.

Frequently Asked Questions

How far is 150 air miles?

150 air miles equals 172.6 statute miles, measured in a straight line from the normal work reporting location rather than by road distance.

Do short-haul drivers need an ELD?

Not while they qualify for the exception. Drivers who must keep records of duty status for no more than 8 days in any 30-day period may use paper logs on those days. Drivers who need logs more often must use an ELD.

Do short-haul drivers still have hours limits?

Yes. The exception removes the logging requirement, not the limits. Property-carrying drivers still face the 11-hour driving limit and the 60/70-hour limit, and passenger-carrying drivers still follow the 395.5 limits.

What records must the carrier keep?

Time records for 6 months showing when each driver reported for duty, total on-duty hours, release time and, for new or intermittent drivers, total on-duty time for the preceding 7 days.