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September-October 2020

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PalletCentral • September-October 2020 31 from a 100-mile (air-mile) radius to a 150-air-mile radius. An "air mile" is internationally defined as a "nautical mile" – equivalent to 6,076 feet. When operating under the short-haul exception, drivers who are released within their 14-hour duty period (and who drive no more than 11 driving hours within that period) are now permitted to keep a time record instead of recording time in a graph grid or using an Electronic Logging Device (ELD). If this time record alternative is used, the record must include the total time for the preceding 7 days, and these records must be maintained for 6 months. Once a driver no longer meets the short-haul exception (e.g., they drive too far or work too many hours), then the driver must use a regular log or ELD for that day (49 CFR 395.8). If the driver must complete a log but falls outside the exception for 8 or fewer days within the previous 30 days, he/she can use a paper log with a graph grid. If the driver exceeds the hours for more than 8 days within the previous 30 days, then an ELD must be used to record time for that day. In addition, to meet this exception, the shift must start and end in the same location, and the driver must have at least 8 hours off if they are transporting passengers, or 10 hours off if they are a property carrier, between duty periods. The record must include the start and end times for the day, and the total hours on-duty on the record. Those provisions are unchanged from the original standard 49 CFR 395.1(e). In addition, the new HOS rule did not change the non-CDL short-haul exception in this section. Adverse Driving Conditions Exception The adverse driving conditions exception extends the duty-day by two hours when adverse driving conditions are encountered; this is in addition to the extra two hours of driving time already allowed. The adverse driving conditions two-hour extension will apply to both property-carrying (11-hour driving limit and 14-hour driving window) and passenger- carrying (10-hour driving limit and 15-hour on-duty limit) motor carriers. Under the old rule, the maximum driving limits had been 11 hours for property carriers and 10 hours for passenger carriers. So the bottom line is that, under the final rule, when using this exception, drivers can drive up Time iStockphoto.com

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