As we approach the Fourth of July many drivers will be asked to make short-distance deliveries of fireworks to, for example, retail stores and stands. Daily driver’s logs are a custom and practice of commercial drivers; however, an exemption applies to limited distances that satisfy the 100 air-mile radius rule. The Federal Motor Carrier Safety Administration has set forth detailed requirements in §395.1(e)(1), the subject of this article.
Achieving compliance is relatively simple and straightforward, but it does require the combined efforts of both the driver and the employer. To take full advantage of the exemption requires the driver to scrupulously stay within stated radius and hours of service guidelines and, similarly, for the employer to also meticulously document this fact and, preferably, place a copy of its company-generated and maintained driver exemption records directly into the hands of the driver. Be mindful that other regulations relating to transporting hazardous materials such as, for example, placarding and blocking and bracing regulations may be in effect notwithstanding the shortened travel distance; however, these complimentary regulations are outside the scope of this article that examines the 100 air-mile radius rule.
In essence, the 100 air-mile radius rule has two prongs: a radius prong measured in miles, and a duration prong that is measured in time increments.
The radius prong of the rule requires drivers to stay within a 100 air-mile radius of the normal reporting location, typically the warehouse facility or loading dock or depot. This factor increases the odds that a driver will not be subjected to long periods of tedium and boredom associated with unbroken hours of long distance travel or, similarly, sleeping on the road, which only adds to physical wear and tear. One of the goals of the 100 air-mile radius rule is the promotion of a work environment that provides drivers with the means to obtain sufficient rest and downtime, on theory that a stable home environment decreases stress and sleeping disorders.
The hours of service prong is best measured in terms of time increments. Simply stated, to take advantage of the exemption it is expected that the driver work no more than 12 consecutive hours-this includes driving time as well as start-up and shut-down time at the facility. If the driver maxes out the 12 consecutive hours, the driver must rest a minimum of 10 consecutive hours, whereupon the driver is limited on the following day to 11 hours of driving, although the driver is permitted 1-hour to engage in set-up and shut-down activities, maxing out at a 12-hour shift. In the best-case scenario, the work engage week is reduced to the following formula: 12ON-10OFF-11ON-10OFF-12ON-10OFF-11ON-10OFF-12ON, and so on. While the rules, explicitly distinguishes between a “property-carrying commercial motor vehicle driver” and a “passenger-carrying commercial motor vehicle driver”, only the former is the subject of this article for reasons that should be obvious to readers of this publication.
Businesses that rely upon temporary drivers to move inventory over short distances are encouraged to take into account the fact that professional commercial drivers that you may temporarily retain can also drive long distances whenever they are not driving for you. Unwittingly, these drivers may find themselves in the frustrating position of having to explain to law enforcement officials (such as at a weigh station) why the driver’s daily log does not seemingly report all activities in the manner required by law. The solution to reducing delays and errors is simple: provide all of your drivers with a copy of the driving records that you are required to maintain as the motor carrier that employs the driver since, by law, the employer already is required to keep these records. While the motor carrier is required by law to maintain the records for a minimum of six months, the temporary driver will likely only need this information for several weeks or days. Here, an ounce of prevention is truly worth more than a pound of cure.
