Hours of Service Exceptions and Exemptions
The hours of service rules have exceptions for farm work, short-haul trips, oilfield and utility trucks, and emergency relief. Personal conveyance and yard moves are not in that list (49 CFR 395.1 and 390.23). They are ways to log time, and FMCSA guidance and your ELD settings decide how. This page shows each exception, who can use it and what changes.
Facts checked October 16, 2026
Key Points
- Part 395 applies to all motor carriers and drivers except the cases listed in 49 CFR 395.1(b) through (x)
- The agricultural exemption lifts all of Part 395 during planting and harvest periods set by each state. It covers farm goods, farm supplies and livestock moved within 150 air miles (49 CFR 395.1(k))
- Drivers of utility service vehicles and covered farm vehicles are also outside Part 395 (49 CFR 395.1(n) and (s))
- Oilfield, well drilling and construction drivers can end their 7 or 8 day period with any 24 hour off-duty break (49 CFR 395.1(d), (l) and (m))
- Personal conveyance is off-duty driving for personal use. FMCSA guidance says you may log it only when your carrier has relieved you of work and all responsibility for work
- A yard move is not personal conveyance. FMCSA says an on-duty yard move, such as shifting the truck a short distance while waiting to load, stays on duty
- In an emergency declared by the President, parts 390 to 399 do not apply to drivers giving direct help, for up to 30 days (49 CFR 390.23)
Hours of service exceptions in 49 CFR 395.1
| Rule | What changes | |
|---|---|---|
| Adverse driving conditions | 395.1(b)(1) | Up to 2 more hours of driving to finish the run or reach safety, if the conditions could not reasonably be known before you started |
| Emergency conditions | 395.1(b)(2) | You may finish a run that could have been finished without the emergency |
| Driver-salesperson | 395.1(c) | The 60 and 70 hour limit does not apply if total driving is 40 hours or less in 7 days |
| Oilfield operations | 395.1(d) | An 8 day period may end with any off-duty break of 24 hours or more. Specially trained drivers of oil well servicing trucks log waiting time at a well site as off duty with a note |
| Short-haul, 150 air miles | 395.1(e) | No log or supporting documents if you stay within 150 air miles and are released within 14 hours. The carrier keeps time records for 6 months |
| Retail store deliveries | 395.1(f) | The daily and weekly limits in 395.3(a) and (b) do not apply to local store deliveries to customers within 100 air miles, December 10 to 25 |
| Alaska | 395.1(h) | Property drivers may drive 15 hours and be on duty up to 20 hours. The weekly limit is 70 hours in 7 days, or 80 hours in 8 days if the carrier runs every day |
| Hawaii | 395.1(i) | No log if the carrier keeps total daily on-duty hours and report and release times for 6 months |
| Travel time | 395.1(j) | Time riding as a passenger at the carrier's direction is on duty, unless you get 10 hours off at arrival |
| Agricultural operations | 395.1(k) | Part 395 does not apply in each state's planting and harvest periods, within 150 air miles of the source, farm or destination |
| Ground water well drilling | 395.1(l) | A 7 or 8 day period may end with any off-duty break of 24 hours or more |
| Construction materials and equipment | 395.1(m) | A 7 or 8 day period may end with any off-duty break of 24 hours or more. The active site must be within 75 air miles of your work reporting location |
| Utility service vehicles | 395.1(n) | Part 395 does not apply |
| 16 hour day | 395.1(o) | A property driver may skip the 14 hour limit once every 7 days if the driver returns to the work location within 16 hours |
| Motion picture sites | 395.1(p) | Within 100 air miles: 10 hours of driving after 8 hours off, and no driving after 15 hours on duty |
| Explosives attendance | 395.1(q) | Attendance time is on duty. At least 30 minutes of it with no other work can count as the 30 minute break |
| Railroad signal employees | 395.1(r) | Part 395 does not apply to signal employees who meet the rule |
| Covered farm vehicles | 395.1(s) | Part 395 does not apply to drivers of covered farm vehicles, as defined in 49 CFR 390.5 |
| Ready-mixed concrete | 395.1(t) | Waiting time of 30 minutes or more at a job site or terminal can count as the 30 minute break if there is no other work |
| Commercial bees | 395.1(u) | No 30 minute break while the bees are on the vehicle |
| Livestock | 395.1(v) | No 30 minute break while the livestock are on the vehicle |
| Hi-rail vehicles | 395.1(w) | Up to 2 hours a day or 30 hours a month of travel to or from a job is not counted as on duty, if the carrier records it |
| Pipeline welding trucks | 395.1(x) | Part 395 does not apply |
Which hours of service rules have exceptions?
The hours of service rules in 49 CFR Part 395 apply to all motor carriers and drivers, except the cases in 395.1(b) through (x) (49 CFR 395.1(a)(1)). Some exceptions drop one rule, such as the 30 minute break. Some drop the whole part. Some change a limit, like Alaska's 15 hours of driving. Personal conveyance and yard moves are not in the list. They are ways to log time, and they are explained below. These are federal rules. If your trips stay inside one state, check that state's rules too. The well drilling and construction exceptions do not override state laws on safe operation (49 CFR 395.1(a)(2)).
How does the agricultural exemption work?
Part 395 does not apply during planting and harvesting periods, as each state sets them, to drivers who haul certain loads. The loads are agricultural commodities from their source, farm supplies from a distribution point to a farm or other place of use, and farm supplies from a wholesale to a retail point. Livestock, including insects, also counts. Each trip must stay within 150 air miles (49 CFR 395.1(k)). The rule counts unprocessed food, feed, fiber and livestock as agricultural commodities. It also counts plants, sod, flowers, shrubs and trees that could spoil or lose quality in transit (49 CFR 395.2). Because the exemption lifts all of Part 395, it covers the log and ELD rules too. It does not lift other safety rules, such as the CDL, medical card, drug testing and vehicle inspection rules. Check your state's planting and harvest dates before you rely on it. A farm owner or operator driving a covered farm vehicle is outside Part 395 under a separate exception (49 CFR 395.1(s)).
What is personal conveyance, and when can you use it?
Personal conveyance is moving a commercial motor vehicle for personal use while off duty. FMCSA guidance says you may log it as off duty only when your carrier has relieved you of work and of all responsibility for work. You may use it with a load on, because the load is not being moved for the carrier's benefit at that time. FMCSA's examples that qualify include driving from en route lodging to a restaurant, commuting between your terminal or a trailer-drop lot and your home, and moving to a nearby safe place to get required rest after loading or unloading. Moving at a safety official's request qualifies too. Examples that do not qualify include skipping a place to rest to get closer to the next stop, bobtailing or running empty to get another load, and repositioning a truck or trailer for the carrier. Driving to a shop for maintenance and driving to the carrier's terminal after loading or unloading do not qualify either. A carrier may set tighter limits or ban personal conveyance. This is guidance, not a rule. FMCSA's page was last updated February 12, 2019.
What counts as a yard move?
A yard move is moving a truck around a yard, such as shifting it a short distance while waiting to load. FMCSA says an on-duty yard move does not qualify as personal conveyance (FMCSA ELD guidance, February 2020). The rule does not define a yard. In January 2021, FMCSA proposed guidance that would let you log a yard move as on-duty not driving time only in a confined area on private property. Examples are an intermodal yard, a carrier's place of business and a shipper's private lot. A public road would count only while gates, lights or flaggers restrict public access. A public rest area would not count. We did not find a final version, so treat it as a proposal. Ask your carrier how it sets this up.
How do you record an exception on your ELD?
A carrier may set the ELD so a driver can pick two special driving categories: authorized personal use and yard moves. You pick the category before the status starts, clear it when the status ends, and add a note when the ELD asks (49 CFR 395.28(a)). A carrier may also mark a driver as exempt from ELD use (49 CFR 395.28(b)). If you drive under any other exception in 395.1, you must add a note to your ELD record to explain the exception (49 CFR 395.28(c)). Some exceptions lift all of Part 395, which includes the log rules. Others change only one limit, so you still keep a record of duty status.
What does the emergency relief rule allow?
In an emergency declared by the President, parts 390 through 399 do not apply to a driver or carrier giving direct help. The relief lasts for the emergency period or 30 days, whichever is less. In an emergency declared by a governor or FMCSA, the main limits in 395.3 and 395.5 do not apply, for the same time. In a local emergency, those limits are lifted for the period of help or 5 days, whichever is less. A tow truck asked by police to move wrecks may skip 395.3 for up to 24 hours. Residential heating fuel emergencies lift parts 390 to 399, for up to 90 days. Relief ends when you carry cargo that is not for the relief effort, or when your carrier sends you somewhere else. You may then return empty to your terminal. If you say you need rest, you must get at least 10 hours off first (49 CFR 390.23).
Related Free Tools
Sleeper Berth Split Calculator
Check if two rest periods count as a sleeper berth split under the federal rule, and see how many hours you can still drive after the second one.
Hours of Service Trip Planner
Enter a trip and see when you can really arrive once the 11-hour, 14-hour and 30-minute break rules are counted.
Hours of Service (HOS) Tracker
Full 49 CFR Part 395 tracking. It covers the daily log, 14-hour window, 30-minute break, and the real 60/70-hour weekly rule with 34-hour restart detection.
Hours of Service Exception Checker
Pick your kind of work, answer a few yes or no questions, and see if an hours of service exception fits. A second check covers personal conveyance.
Frequently Asked Questions
Can I use personal conveyance in a loaded truck?+
FMCSA guidance says yes. The load is not being moved for the carrier's benefit while you are off duty and relieved of all responsibility. Your carrier can still ban it or limit it, so check your carrier's policy.
Can I use personal conveyance to drive to a truck stop?+
FMCSA says a move to a truck stop or other location can be personal conveyance if you are off duty and the move is not for the carrier, shipper or receiver. Go no farther than the nearest reasonable and safe place to finish your rest.
Does the agricultural exemption apply all year?+
No. It applies during the planting and harvesting periods each state sets, and only for trips within 150 air miles of the source, farm or final destination (49 CFR 395.1(k)). Check your state's dates.
Is moving my truck in the yard on duty or off duty?+
FMCSA says an on-duty yard move, such as moving the truck a short distance while waiting to load, does not qualify as personal conveyance. Your ELD may have a yard move category if your carrier turned it on (49 CFR 395.28).
Do I need a log or an ELD when I use an exception?+
It depends on the exception. The agricultural, utility and covered farm vehicle exceptions lift all of Part 395, which includes the log rules. Others only change one limit, so you still keep a log. If you have an ELD, add a note that explains the exception (49 CFR 395.28(c)).
Do the hours of service rules stop during a hurricane or other emergency?+
Only for drivers giving direct help in a declared emergency, and only for a limited time. A Presidential declaration lifts parts 390 to 399 for up to 30 days. A governor's or FMCSA's declaration lifts the main limits in 395.3 and 395.5. Hauling cargo that is not for the relief effort ends the relief (49 CFR 390.23).
More federal trucking rules
- Hours of Service Rules for Truck Drivers
- ELD Mandate: Who Needs an ELD
- DOT Roadside Inspection Levels Explained
- DOT Drug and Alcohol Testing Rules
- Driver Qualification File Requirements
- DVIR and Vehicle Maintenance Rules
- New Entrant Safety Audit Requirements
- Motor Carrier Insurance Requirements
- CDL Classes, Endorsements and ELDT Training
- DOT Physical and Medical Card Requirements
- Drug and Alcohol Clearinghouse Requirements
- Cargo Securement Rules for Trucks
- Hazmat Basics for Truck Drivers and Carriers
- USDOT Number and Biennial Update Requirements
- Safety Ratings, Compliance Reviews and DataQs
- Federal Truck Size and Weight Limits
- California Clean Truck Check (HD I/M)
- Truth-in-Leasing Rules for Owner-Operators
- Form 2290 Heavy Highway Vehicle Use Tax
- Truck Driver Phone, Texting and Seat Belt Rules
- Railroad Crossing Rules for Truck Drivers
- Truck Emergency Equipment and Warning Triangle Rules
- Truck Windshield, Dash Cam and Mirror Rules
- CDL Disqualification: Major and Serious Offenses
- Truck Tire Rules: Tread Depth, Retreads and Pressure
- Trailer Reflective Tape (Conspicuity) Rules
- Truck Brake Rules: Pushrod Stroke, Lining Thickness and ABS
- Driver Conduct Rules: Alcohol, Drugs, Fatigue, Passengers and Pre-Trip Checks
- English Language Proficiency for Truck Drivers: The 391.11(b)(2) Rule
- Weigh Station Rules: Who Must Stop and What Happens If You Skip
- Truck Lighting Rules: Required Lamps and Reflectors (49 CFR 393)
- Driver Road Test Rules: The Company Road Test and Certificate (49 CFR 391.31)
Related terms and pages
Sources
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This is a plain-language summary for reference, not legal advice. Check the official rule text before you rely on any detail. Ask a compliance professional about your own operation.