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Hours of Service Exception Checker for Owner Operators

Pick the kind of work you do, answer a few yes or no questions, and see if an hours of service exception in 49 CFR 395.1 fits. A second check covers personal conveyance.

1. What do you do?

For local drivers who start and end each day at the same place.

Rule: 49 CFR 395.1(e)(1)

2. Does each of these fit?

0 of 4 answered. Every one must be a yes.

  1. 1. You work within 150 air miles (172.6 statute miles) of your normal work reporting location.

  2. 2. You return to that location and are released from work within 14 consecutive hours. Driver-salespersons do not need to meet this one.

  3. 3. You get at least 10 hours off duty between each 14 hours on duty. Bus and motorcoach drivers need 8.

  4. 4. Your carrier keeps time records for 6 months. They must show when you report, your total hours on duty, when you are released, and your total time for the last 7 days if you are new or work off and on.

Not sure yet

4 questions are still open:

  • You work within 150 air miles (172.6 statute miles) of your normal work reporting location.
  • You return to that location and are released from work within 14 consecutive hours. Driver-salespersons do not need to meet this one.
  • You get at least 10 hours off duty between each 14 hours on duty. Bus and motorcoach drivers need 8.
  • Your carrier keeps time records for 6 months. They must show when you report, your total hours on duty, when you are released, and your total time for the last 7 days if you are new or work off and on.

Short-haul, 150 air miles, with a CDL

What changes
You do not need to keep a record of duty status or supporting documents (395.8 and 395.11).
What still applies
The driving and on-duty limits still apply. On a day you miss a condition, the exemption does not cover that day, so you need a record of duty status for it.

If you use an ELD and drive under an exception in 395.1, add a note to your ELD record that explains it (49 CFR 395.28(c)). These are federal rules. Check your state's rules for trips inside one state. Our hours of service exceptions guide explains each one.

This tool checks the written conditions in the rules as of October 2026. It is not legal advice. A roadside inspector or an auditor decides how the rules apply to your trip. When in doubt, keep a log and ask your carrier or FMCSA.

Numbers tight? Let a dispatcher find better loads.

This tool is free. If it shows you are leaving money on the road, Grow Trucking finds loads, negotiates rates and does the paperwork for owner-operators and small fleets.

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Which hours of service exception applies to me?

The hours of service rules in 49 CFR Part 395 apply to everyone except the cases listed in 395.1(b) through (x). Each exception has conditions, such as a distance, a kind of work, a date or a record your carrier must keep. You get the exception only if every condition is true. Pick your kind of work, answer yes or no to each condition, and this tool shows what changes and what still applies.

  1. Pick the closest match to your work. The list covers the farm, utility, oilfield, construction, short-haul, special load, weather, emergency and local exceptions in 395.1.
  2. Answer each condition with yes, no or not sure. A single no means the exception does not fit as you described it. A not sure keeps the result open.
  3. Read what changes and what still applies. Some exceptions lift all of Part 395. Others change one limit, so you still keep a log.
  4. Use the personal conveyance tab to check a move against FMCSA's guidance. It is guidance, not a rule in 395.1, and your carrier can set tighter limits.
Common exceptions at a glance (49 CFR 395.1)
ExceptionThe key conditionWhat changes
Short-haul, with a CDLWithin 150 air miles; released within 14 hoursNo log (395.8)
Short-haul, no CDL neededWithin 150 air miles; back to base each tourNo 14 hour limit, no log
16 hour dayBack to base within 16 hours; not used in the last 6 daysSkip the 14 hour limit once
AgriculturalWithin 150 air miles in your state's planting or harvest periodPart 395 does not apply
Utility service vehicleUtility work inside the service areaPart 395 does not apply
Adverse driving conditionsConditions you could not have known aboutUp to 2 more hours

A single day can break a condition, and then the exception does not cover that day. If you use an ELD and drive under an exception in 395.1, add a note that explains it (49 CFR 395.28(c)). State rules for trips inside one state can differ. This tool is a check against the written rule text, not legal advice.

Last reviewed October 2026. Sources: eCFR: 49 CFR 395.1, scope of rules in this part; eCFR: 49 CFR 395.2, definitions; eCFR: 49 CFR 395.28, special driving categories; eCFR: 49 CFR 390.23, automatic relief from regulations; FMCSA: personal conveyance guidance.

Frequently Asked Questions - Hours of Service Exception Checker

What is the short-haul exemption?
It frees a driver from keeping a record of duty status and supporting documents (49 CFR 395.1(e)(1) and 395.8). With a CDL you must work within 150 air miles of your normal work reporting location, return and be released from work within 14 consecutive hours, and have at least 10 hours off duty between each 14 hours on duty. Your carrier must keep time records for 6 months. The driving and on-duty limits still apply.
How far is the short-haul exemption air mile radius?
The radius is 150 air miles, which the rule says is 172.6 statute miles, measured from your normal work reporting location (49 CFR 395.1(e)(1)). An air mile is a straight line, not the miles you drive on the road. The rule for drivers who do not need a CDL uses the same 150 air miles, with different hour limits (395.1(e)(2)).
Do short-haul drivers need an ELD?
A driver who meets every condition of the short-haul exemption is exempt from 395.8, the rule that requires a record of duty status, so there is no log to record on those days. If you miss a condition on a day, such as returning after 14 hours, the exemption does not cover that day and you must record your duty status.
What is the 16 hour exception, and how does it work?
It lets a property-carrying driver skip the 14 hour limit once. You qualify if you returned to your normal work reporting location and were released there for your last five duty tours, you return and are released there within 16 hours of coming on duty after 10 hours off, and you have not used the exception in the past 6 days in a row. A 34 hour restart counts as a clean start (49 CFR 395.1(o)). The 11 hour driving limit and the weekly limit still apply.
What is personal conveyance?
Personal conveyance is moving a commercial vehicle for personal use while off duty. FMCSA's guidance says you may log it as off duty only when your carrier has relieved you of work and of all responsibility for work. Examples that qualify include driving from your lodging to a restaurant, commuting between your terminal or trailer-drop lot and home, and moving to a nearby safe place to get the rest you need. Your carrier may set tighter limits or not allow it.
Does personal conveyance count as off duty?
Yes, when the move meets FMCSA's guidance. You log it as off duty and pick the authorized personal use category on your ELD if your carrier has turned it on (49 CFR 395.28(a)). A move that does not qualify, such as bobtailing to pick up another load or repositioning a trailer for your carrier, must be logged as on duty or driving.
Can you use personal conveyance to go home?
FMCSA lists commuting between your terminal or a trailer-drop lot and your home as a qualifying example, if your carrier has relieved you of work and allows it. Driving to the carrier's terminal after loading or unloading does not qualify. Your carrier's policy comes first, and a carrier may ban personal conveyance.
When can you use the adverse driving conditions exception?
When snow, ice, sleet, fog or other bad weather, or an unusual road or traffic condition, stops you from safely finishing the run inside your normal limits, and you and your carrier did not know and could not reasonably have known about it before you started the duty day or were dispatched. Then you may drive up to 2 more hours to finish the run or reach a safe place (49 CFR 395.1(b)(1) and 395.2). Traffic you could expect, such as daily rush hour, does not count.
What is the agricultural exemption for hours of service?
During the planting and harvest periods your state sets, Part 395 does not apply to drivers hauling agricultural commodities from their source, farm supplies to a farm or retail point, or livestock, within 150 air miles (49 CFR 395.1(k)). That means no driving limits and no logs for the trip. The CDL, medical card, drug testing and inspection rules still apply.

Terms explained in the Hours of Service Exception Checker