Editor’s update — October 2026: This 2020 article describes the rule when it was announced. The HOS changes took effect September 29, 2020. For qualifying property- and passenger-carrying drivers, FMCSA’s current short-haul summary uses a 150-air-mile radius and return to the normal reporting location within 14 consecutive hours. The exception is from the logbook/RODS requirements; it does not erase driving-time limits or the carrier’s time-record duties. Passenger and property rules differ. Check the current FMCSA HOS summary and passenger-carrier guidance before deciding whether a particular driver qualifies. For related checklists and compliance topics, see the LBC Fleet DOT compliance resource hub.
View this article on ChauffeurDriven.com
Summary
FMCSA announced this final rule in May 2020; it took effect September 29, 2020. The four changes below are a historical summary of that update.
- Short-haul exception is now 150 air-miles or 14 hours start to finish
(previously 100 air-miles and 12 hours, except Alaska) - Adverse driving window (on duty time) is extended by 2 hours
- 30 minute break (property carriers) is now only required after 8 driving hours (instead of on-duty) and can be taken as on-duty time
- Sleeper berth exception now allows 2 breaks totaling at least 10 hours, given at least 7 hours is spent in the berth (previous 8).
| Rule | Before the 2020 change | 2020 update |
| Short-Haul | 12 hours, 100 Air-Miles | 14 Hours, 150 Air-Miles |
| Adverse Driving | Adds 2 Hours to Driving Time Only | Adds 2 Hours to Driving or On Duty Time |
| 30-Minute break | Must be Sleeper Berth or Off-Duty | Can also be On-Duty |
| Sleeper Berth | 8 Hours Consecutive Required | 7 Hours Consecutive Required |
Short-Haul Exception
Under FMCSA’s current summary of § 395.1(e)(1), a qualifying driver must operate within a 150-air-mile radius, return to the normal work reporting location, and be released within 14 consecutive hours. A qualifying driver is excepted from the usual record-of-duty-status and supporting-document requirements, but the carrier still needs the time records required by the rule. This is not a blanket exemption from all HOS limits.
Before substituting a time record for RODS, verify that the driver and trip meet the current short-haul conditions and confirm what records the carrier must retain.
The linked time-record form was created in 2020; review it against current requirements before using it operationally.
Driver’s Time Record V2.3
Why this is important:
- The 150-air-mile and 14-hour conditions may allow more local passenger operations to use the short-haul exception, but eligibility must be assessed for each driver and trip.
- FMCSA says drivers required to keep RODS no more than eight days in any 30-day period may use the ELD exception. That is not the same as “22 short-haul days.” See FMCSA’s ELD guidance.
Do not assume a local operation is ELD-exempt solely because most trips are short. Determine when RODS are required, apply the correct ELD exception if one fits, and keep the required time records.
Adverse Driving Conditions
Adverse driving conditions are defined under 395.2 as snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun.
The previous rule allowed drivers to exceed the maximum driving hours by 2 full hours in order to complete a run, or reach a place of safety or security if adverse driving conditions caused the delay.
The previous regulation did not extend the on-duty hours so a driver near the end of their shift was unable to use the adverse driving condition exception. The new rule corrects this and allows both on-duty and driving time to extend by two total hours. It also expands to include the driver’s knowledge of road conditions.
30 Minute Break
Under 395.3, property carrying drivers who do not qualify for the short-haul exception must take a 30 minute break at least once before exceeding 8 driving hours.
Under the previous rule this break must be off-duty or sleeper-berth time. The new rule expands to allow on-duty time to count as the required break. It should also be noted that more drivers will now qualify for the short-haul exception listed above.
Sleeper Berth Exception
A sleeper berth is defined under 395.2 and is generally found on over-the-road trucks. Sleeper Berths may be used in lieu of traditional off-duty time if the requirements of the exception are met. There can be found in 395.1(g).
For property-carrying drivers, FMCSA now permits a split with at least seven consecutive hours in the sleeper berth and another off-duty period of at least two hours, with both periods totaling at least ten hours. Passenger-carrier sleeper-berth rules differ; consult the FMCSA HOS summary for the applicable operation.
Full Text
Review the full text of the new rule here.
Association Support
On a related note, the National Limousine Association (NLA) and the American Bus Association are cited in the final rule in support of the short haul exception extension.
Consider joining one or both as they fight to help our industry!
