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16-Hour Exception, Non-CDL 150 Air Mile Radius Driver, Sleeper Berth

16-HOUR EXCEPTION (Property-Carrying Drivers) §395.1(o)

Drivers may extend the 14-hour on-duty period by 2 hours, once per 7-day period when:

  • Driver has returned to the work reporting location, and has been released from duty at that
    location for the preceding five duty tours that the driver has worked.
  • Driver has reported to, and been released from, the normal work reporting location within 16 hours after coming on duty following 10 consecutive hours off-duty. Driver has not taken this exception within the previous 6 consecutive days or since the last 34-hour restart.


Operators of property-carrying commercial motor vehicles not requiring CDL licensure (GWVR 10,001#- 26,000#) are exempt from maintaining a record of duty status and ELog requirements under the following conditions:

  • CDL licensure not required.
  • Operations occur within a 150 air-mile radius of the location to which the driver reports for duty
    and return to complete duty.
  • Driver returns to the normal work location at the end of each day. Driver does not drive after the 14th hour after coming on duty on 5 days of any period of 7 consecutive.
  • Driver does not drive after the 16th hour after coming on duty on 2 days of any period of 7 consecutive days.
  • Motor carrier maintains and retains a 6-month period of accurate and true time records reflecting time of reporting for duty, daily hours of duty and the time the driver is released from duty each day.

Sleeper Berth §395.1(g)

Sleeper birth may be used, in conjunction with off-duty time to accrue 10 hours off duty. Any combination
of Sleeper Berth and Off Duty, so long as the 10 hours are not broken with any other “duty status” will
“reset” the 14-hour duty status and 11-hours driving status.

Sleeper berth can extend the 14-hour drive time providing the driver begins with 10 consecutive hours off-duty, sleeper berth or any combination thereof. 8 consecutive hours in the sleeper, but less than 10 hours is excluded from the 14-hour on-duty status. The second, separate rest period must be at least 2 hours (but less than 10) consecutive hours in length. This period may be spent in the sleeper berth, off-duty or a combination of both. This period is calculated in the 14-hrs duty status. Rest periods may be taken in any order. Upon completing the second rest period the 14-hour clock is recalculated. The point of calculation is the time the first rest period was completed. If the first rest period was 8 hours, it is excluded from your on-duty time, and 8 hours have been added to your 14-hour clock from the end time of the first rest period. Remember to calculate driving time from the original “on-duty” time as total driving time remains at 11-hours. ONLY THE 14-HOUR CLOCK HAS CHANGED.

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