Short-haul
The short-haul exceptions, and what they do not excuse
The short-haul exceptions are the most misunderstood provision in the subject, and the misunderstanding runs in both directions — because there are two exceptions and they do different things. § 395.1(e)(1) exempts a qualifying driver from the requirements of §§ 395.8 and 395.11 — the record of duty status and supporting documents — and from nothing else. Every driving limit in § 395.3 continues to apply to that driver in full: the 10 hours off, the 14-hour window, the 11-hour driving limit and the weekly totals. § 395.1(e)(2) is a different provision with a much narrower gate and a wider effect, and it is treated separately below.
To qualify under § 395.1(e)(1), the 150 air-mile radius provision, a driver must operate within a 150 air-mile radius — 172.6 statute miles — of the normal work reporting location; must, except a driver-salesperson, return to that work reporting location and be released from work within 14 consecutive hours; and must have at least 10 consecutive hours off duty separating each 14 hours on duty if property-carrying, or at least 8 if passenger-carrying. The carrier must maintain and retain for 6 months accurate and true time records showing the time the driver reports for duty each day, the total hours on duty each day, the time released from duty, and the total time for the preceding 7 days for drivers used for the first time or intermittently. The exemption is not from records altogether — it is from the formal record of duty status, replaced by simpler time records the carrier keeps.
§ 395.1(e)(2) is not a variant of the same relief. It opens by restricting itself to operators of property-carrying commercial motor vehicles for which a commercial driver’s license is NOT required under Part 383 — which closes it to most readers of this book. For a driver who does qualify, it exempts from § 395.3(a)(2) as well as from §§ 395.8 and 395.11. That is a driving limit, not a record: the 14-hour window does not apply, and the structure at § 395.1(e)(2)(iv) replaces it — the driver must not drive after the 14th hour after coming on duty on 5 days of any period of 7 consecutive days, nor after the 16th hour on 2 days of any period of 7. The provision also carries an ineligibility clause that is easy to miss and expensive to miss: a driver using it may not use § 395.1(e)(1), may not use the sleeper-berth provisions of § 395.1(g) that § 7.4 sets out, and may not use § 395.1(o). The split sleeper berth and this exception cannot be combined.
One relief is common to both. § 395.3(a)(3)(ii) excepts drivers who qualify for either short-haul exception from the 30-minute interruption requirement, so such a driver may drive more than 8 hours without a qualifying break. Beyond that, keep the two apart: (e)(1) is a record-keeping exemption available to any qualifying driver including CDL holders, and (e)(2) is a non-CDL provision that trades the 14-hour window for a weekly pattern and costs you the sleeper-berth split. The comparison panel sets them side by side.
§ 395.1(e)(1) — 150 air-mile radius
Operate within a 150 air-mile radius (172.6 statute miles) of the normal work reporting location; return there and be released from work within 14 consecutive hours; and have at least 10 consecutive hours off duty between each 14 hours on duty (8 for passenger-carrying).
Exempts from §§ 395.8 and 395.11. The carrier must keep time records for 6 months showing report time, daily on-duty hours, release time, and the preceding 7 days’ total for first-time or intermittent drivers.
§ 395.1(e)(2) — non-CDL property-carrying only
Available ONLY to operators of property-carrying commercial motor vehicles for which a commercial driver’s license is not required under Part 383. Requires operating within a 150 air-mile radius of the normal work reporting location and returning there at the end of each duty tour.
Exempts from § 395.3(a)(2) — the 14-hour window — as well as §§ 395.8 and 395.11, replacing the window with a limit of the 14th hour on 5 days of any 7 consecutive days and the 16th hour on 2 days of any 7. A driver using it is INELIGIBLE for § 395.1(e)(1), for the sleeper-berth provisions of § 395.1(g) taught in § 7.4, and for § 395.1(o).
Key terms
Short-haul exception150 air-mile radiusNormal work reporting locationTime recordsRecord of duty status