Short-haul exemption 150 air miles: who can run without an ELD

The short-haul exemption for 150 air miles lets some truck drivers work without an ELD and without a daily log. An ELD is an electronic logging device, the box that records your driving hours. If you leave from the same place every day and come back the same day, this rule may fit you. Here is what the rule says, in plain words, and where drivers get it wrong.

What the short-haul exemption is

Most drivers of commercial trucks must keep a record of duty status. That is the daily log of when you drive, work, rest and sleep. Today that log is usually kept on an ELD.

The federal hours-of-service rules have an exception for local work. It is in 49 CFR 395.1(e)(1). FMCSA (the Federal Motor Carrier Safety Administration) is the agency that enforces it. A driver who meets every condition in that paragraph does not have to keep the daily log or the supporting documents that go with it. In place of the log, the motor carrier keeps simple time records.

The conditions of the short-haul exemption 150 air miles rule

You have to meet all of them, every day you use the exemption:

• Stay inside the circle. You operate within a 150 air-mile radius of your normal work reporting location. That is the place where you normally start your day.
• Come back and clock out within 14 hours. You return to that work reporting location and are released from work within 14 consecutive hours.
• Rest before the next shift. A driver of a property-carrying truck needs at least 10 consecutive hours off duty between each 14 hours on duty.
• The carrier keeps time records. More on that below.

If you are an owner-operator with your own authority, you are the driver and the motor carrier. Both jobs are yours.

What an air mile is

An air mile is not the mile on your odometer. It is measured in a straight line, the way a bird flies, and it is a little longer than a road mile. The rule itself does the math: 150 air miles equals 172.6 statute miles. A statute mile is the normal mile you see on road signs.

The radius is a straight line from your reporting location, not the distance you drive. A winding route can put more than 172.6 miles on the odometer while you are still inside the circle. To check, draw a 172.6-mile circle around your yard on a map. If you are based in Laredo or the Rio Grande Valley, look at which Texas cities fall inside the circle before you assume.

The time records you still keep

No log does not mean no paperwork. The motor carrier must keep accurate time records for 6 months. They show:

• The time you report for duty each day.
• The total number of hours you are on duty each day.
• The time you are released from duty each day.
• For a driver used for the first time or only now and then, the total time for the 7 days before.

A simple timesheet works. What matters is that it is true, complete and easy to hand over when an officer or an auditor asks.

What the exemption does not change

This is where many drivers get in trouble. The exemption only removes the daily log and its supporting documents. The limits on driving time and on-duty time still apply to you. So do the other safety rules: inspections, your medical card, drug and alcohol testing and your driver file. Our article on ELD and hours-of-service basics explains those limits.

When a day does not fit

Some days go long. A late load, a breakdown or a trip outside the circle means you do not meet the conditions that day. On that day you need a regular record of duty status.

Do you need an ELD for those days? The ELD rule lets a carrier use paper logs for a driver who needs a record of duty status on not more than 8 days within any 30-day period. If your long days go past that, plan on an ELD.

Mistakes to avoid

• Counting road miles as air miles, or guessing the circle without a map.
• Keeping no time records because "I am exempt."
• Using the exemption on a day you came back late.
• Thinking the hours limits are gone. They are not.
• Starting from a different place every day. The rule is built around a normal work reporting location.

When to call us

Not sure if your operation fits? TCZ Permits helps owner-operators and small fleets keep their compliance records in order, as part of building your whole file. Call 956-526-6727. We cannot decide for an inspector, but we can help you read the rule and set up records that are ready to show. Our filing guide lists the other filings your authority needs.

Common questions

Do I need an ELD if I stay within 150 air miles? Not if you meet every condition of the short-haul exemption that day. You keep time records in place of a log.

How many road miles is 150 air miles? The rule says 150 air miles equals 172.6 statute miles, measured in a straight line from your work reporting location.

What if I go over 14 hours one day? You do not qualify for the exemption that day, so you need a record of duty status for it. Paper is allowed only when that happens on not more than 8 days in any 30-day period.