The 150 Air-Mile Exemption: Are You Doing it Wrong?

The 150 air-mile exemptions from hours-of-service rules (at 395.1(e)(1) and (2)) allow a driver to use a time record in place of a log if certain conditions are met. While this may be the most widely used hours-of-service exemption, it may also be the most misused.

Logging exemptions

To use the log exemption in 395.1(e)(1), the driver must:

• Stay within 150 air-miles of the work reporting location for the day,
• Be back to — and released from — the work reporting location for their 8- or 10-hour break within 14 hours, and
• Include the starting and ending times for the day and the total hours on duty on the time record for the day.

The company must retain the time record and have it available for inspection for six months.

Myths and truths

Here are some common myths about the 150 air-mile exemption, long with the truth about the scenario.

Myth: The driver must have the time records in the vehicle. Truth: The driver simply needs to explain to an officer during a roadside inspection that they do not have logs due to operating under the 150 air-mile exemption and that the required time records are back at the carrier’s office. Just telling the officer “I don’t have any logs” will lead to a violation, so the driver needs to know to provide the full explanation.

Myth: The driver must log the previous seven days if they had been using this exemption and suddenly can’t. Truth: If the driver cannot use the exemption on one particular day, that is the only day the driver must use a regular log (either paper or electronic).

Myth: Passenger-carrying drivers and drivers hauling hazardous materials cannot use this exemption. Truth: There are no restrictions on the use of this exemption, so any commercial driver can use it.

Myth: A driver that crosses state lines cannot use this exemption. Truth: As this exemption appears in the Federal Motor Carrier Administration (FMCSA) regulations, it can be used by interstate drivers.

Myth: Only drivers that operate out of a “company terminal” can use the 150 air-mile exemption. Truth: As long as the driver makes it back to the work reporting location for the day within the appropriate number of hours, the driver can use the exemption.

Myth: Drivers that move from one jobsite to another every few weeks cannot use this exemption. Truth: If a driver that normally uses this exemption switches work reporting locations, the day the driver switches work reporting locations is the only day the driver cannot use the exemption.

Myth: Drivers covered by this exemption are also exempt from the driver qualification (licensing and medical cards), driving, and vehicle inspection requirements. Truth: The only rules the driver is exempt from are the logging requirement in 395.8 and the 30-minute break requirement in 395.3.

Myth: The driver cannot drive more than 150 miles for the day. Truth: The driver can drive as many miles as they want or need to, as long as the driver stays within the 150 air-mile radius circle and gets back to the work reporting location within the appropriate number of hours.

Myth: If a 150 air-mile driver gets into a vehicle with an ELD, the driver must use it. Truth: The carrier can have the driver log in and have the driver entered into the system as an “exempt driver,” or the carrier can request that the driver not log into the device and then attach a comment to the unassigned driving time generated by the driver’s movements. The comment would need to explain that the driver using the vehicle was a 150 air-mile driver who submitted a time record. It is up to the carrier to decide which option to use. If stopped for a roadside inspection, the driver will need to be able to explain to the inspector that he/she is an exempt driver using the 150 air-mile exemption, so using the electronic log is not required.

How does your program stack up?

During an audit, if it is discovered that your drivers are using these exemptions incorrectly, you will be cited for not having drivers’ logs when required. Each day this occurred will be another violation, so the fine could be rather large if you are not managing the use of these exemptions.

Do you know where your operation stands? The Motor Carrier Safety Audit feature in FleetMentor guides you through the six areas of an FMCSA audit to identify critical and acute violations. Once the audit is complete, use the results to develop corrective action plans and improve your overall safety rating.

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