Drivers and fleet managers know firsthand the frustrations of having their time on the road micromanaged by regulations. Because safety is the priority, drivers are limited to a set number of hours they’re allowed to drive before they must rest. While this is great for ensuring drivers (and others on the road) get home safely, it’s not always great for the bottom line. That’s why it’s important to understand every exception available under Hours of Service (HOS) regulations so that drivers can have their cake and eat it, too.
In this article, we’ll take a closer look at HOS and the Adverse Driving Conditions Exception. and explain when you can take advantage of it. We will explain when the exception can and cannot be used and how to stay compliant to get the most out of your hours when the unexpected happens.
Summary of HOS Regulations
Hours of Service (HOS) regulations mandate how drivers manage their time on the road to prioritize safety. HOS regulations are structured to address safety risks and reduce driver fatigue. Here are the core rules drivers and fleets must follow, according to the Federal Motor Carrier Safety Administration:
- 11-hour driving limit: A driver may drive a maximum of 11 hours after taking 10 consecutive hours off duty. This ensures adequate rest between shifts.
- 14-hour on-duty window: Drivers have a 14-hour period during which they can complete all work-related activities, including driving and non-driving tasks. This window begins when they “clock in” after a minimum 10-hour off-duty period and cannot be extended.
- 30-minute break requirement: After eight cumulative hours of driving without at least a 30-minute break, drivers must take a pause before continuing. This helps prevent sustained fatigue during long shifts.
- Weekly limits:
- 60-hour/7-day limit: Drivers cannot exceed 60 on-duty hours within a 7-day rolling period if their employer operates 7 days a week.
- 70-hour/8-day limit: For operations running 8 days per week, drivers are limited to 70 on-duty hours over a rolling 8-day period.
These rules shape how fleets approach driver safety, route planning, scheduling, and more. By requiring consistent breaks and manageable working hours, HOS regulations help companies align safety with performance while reducing risks for drivers and others on the road. But there are exceptions.
HOS Exceptions
While HOS regulations apply broadly, several exceptions offer flexibility in specific scenarios:
- Short-haul exemptions: Drivers operating within a 150-air-mile radius and returning to their starting point within 14 hours may be exempt from some HOS requirements.
- Sleeper berth provision: Drivers with sleeper berths in their cabs can split their required 10-hour off-duty period as long as one rest period is at least seven consecutive hours and the other is at least two consecutive hours.
- Adverse driving conditions: When unforeseen conditions like bad weather or traffic delays arise, drivers can extend their driving time by up to two additional hours. The unforeseen part is critical here—if it’s found that drivers or dispatchers knew (or should have known) about poor conditions, the exception will not apply, and they could face penalties.
These exceptions help accommodate real-world challenges while staying compliant with safety standards. But let’s look into this last one in more detail.
What is the Adverse Driving Conditions Exception?
The FMCSA adverse driving condition exception states that you can increase your shift by two hours when extenuating circumstances develop that may slow your drive time. These circumstances may include dangerous road conditions or sudden, unexpected changes in weather that hinder your route or prevent you from reaching a safe stopping point. If you need to use an adverse driving condition exception, you can increase your shift from 14 hours to 16 hours. The two extra hours will bring your allotted driving time to 13 hours. This allowance ensures commercial drivers can reach their destinations without endangering themselves and others.
When Can You Use the Adverse Driving Conditions Exception?
You can use the adverse driving condition exception when unexpected circumstances arise that slow drive time. Unexpected weather or traffic conditions may occur during your trip, which allows you more time in HOS. Here are some of the most common uses of the exception:
- Icy roads
- Wildfires
- Excessive fog that hinders sight
- Heavy precipitation like sleet or snow
- Unusual or dangerous traffic conditions
- Accidents
The adverse driving conditions exception is applicable if a driver cannot safely complete the run within the maximum driving time or duty time. It also allows a driver to complete that run or to reach a place that offers safety for the occupants of the vehicle and security for the vehicle and any cargo.
When is the exception NOT applicable?
The adverse driving conditions exception does not apply in many scenarios, especially when it comes to foreseen or predicted circumstances. The exceptions only apply to sudden, unpredictable conditions. Other places where the exception does not apply include:
- Prolonging a regular shift.
- A delay that lasts less than two hours. If you experience an unexpected one-hour delay, you may not employ an exception.
- Delivery or unloading delays. If you arrive at your location and wait longer than scheduled due to unloading issues, you cannot use an exception to aid your next route.
- Routine delays like traffic jams or planned road closures.
- When drivers are dispatched after adverse conditions are known or announced.
- Typical delays caused by everyday traffic situations or weather events that were foreseeable (i.e., via weather reports) prior to dispatch.
- If the adverse driving condition did not inhibit a driver’s ability to proceed.
Staying Compliant with HOS and Exceptions
Staying compliant under the adverse driving conditions exemption requires communication. Drivers and fleet managers should proactively communicate about potential adverse conditions to better determine eligibility. They can also utilize information from ELDs to evaluate on-duty and off-duty hours, breaks, and any exceptions that may be available to the driver.
These devices help update fleet managers about potential HOS violations or other issues in real time. But not all ELDs are created equal. Some lack exception-determination capabilities, which can limit their usefulness in navigating more complex HOS scenarios.
Omnitracs Hours of Service (HOS) and ELD solutions help your drivers manage their time and your fleet maintain regulatory compliance. Omnitracs ELDs simplify HOS compliance in the U.S. and Canada, even when crossing borders. Plus, they can handle multiple industry-specific rulesets with ease.
The Adverse Driving Condition Exception and Omnitracs/Solera
Omnitracs, now a part of Solera Fleet Solutions, delivers innovative tools designed to maximize HOS compliance efficiency. With automated ELD management, fleets can maintain accurate records while reducing the risk of violations and ensuring exceptions like the Adverse Driving Conditions exception are used correctly. Additionally, their advanced route optimization software provides the adaptability to overcome scheduling challenges and meet delivery goals without compromising HOS.
However, Solera’s integrated fleet management platform goes beyond compliance, offering a centralized solution that gives fleet managers real-time insights to simplify operations and improve decision-making. Whether it’s managing HOS, optimizing routes, or enhancing driver safety, these solutions are built to proactively drive results.
Take the complexity out of HOS compliance and fleet management. Schedule a consultation today and discover how Omnitracs and Solera Fleet Solutions can help you improve safety, efficiency, and profitability.