The 100 Air Mile Radius Exception Explained
THE 100 AIR MILE RADIUS EXCEPTION EXPLAINED
From FMCSR Section 395.1(e) (1)
You are not required to fill out a log if you come under the 100 air-mile radius exception. This exception applies for any day in which you comply with ALL of the following:
- Drive within a 100 air-mile radius of your normal work reporting location,
- Return to the same work reporting location and are released from all duties within 12 consecutive hours, and
- Follow all other basic hours of service rules including the 10-hour off-duty and 11-hour driving requirements.
You do not have to have these written logs in your truck. However, any day that you do not meet all three requirements you must have written logs for that day, even if you must fill them out retroactively for that day.
Example: For the past 4 days you left the yard at 5 am, drove your CMV within the 100 air mile radius and returned to the same yard at 3 pm. You stayed for another 1 ½ hrs. completing paperwork and other job duties, then logged off at 4:30 pm. The driver is compliant for this exception and is not required (by DOT) to keep written logs. Day 5- you leave the yard at 5 am and in the course of your work day you must make several deliveries and your last stop takes place at 4 pm. While there the forklift unloading your truck breaks down and now you are unable to complete unloading until 5pm-placing you back in the yard at 6 pm. You are now required to have a written log for this day in your possession.
Because of this, a few issues must be addressed:
- In the eyes of the DOT, the equipment breakdown does not meet the definition of “emergency conditions” in FMCSR 395.1(b) (2) and the driving must be completed before 11 hrs. of driving time have elapsed.
- If you didn’t take a 30 minute break before the 8 hr. mark (3 pm) (because at that point you thought you would be back in the yard and off duty before the 12 hr. mark), the driver MUST take at least 30 minutes off duty, and record this on his logs for that day with an explanation as to why the required 30 minute rest break was not taken before the 8 hr. mark.
- Being that you began the day intending to comply with the 100 air mile exception, you are not required to have the previous 7 days of logs with you.
Motor Carrier Responsibilities
“The motor carrier that employs the driver and utilizes this exception must maintain and retain for a period of 6 months accurate and true time records showing:
1) The time the driver reports for duty each day;
2) The total number of hours the driver is on duty each day;
3) The time the driver is released from duty each day;
4) The total time for the preceding 7 days in accordance with Section 395.8(j)(2) for drivers used for the first time or intermittently.
Use of this exception is optional. For example, your employer may choose to use a logbook even though you are within the 100 air-mile radius, so that you do not have to be released from work within 12 hours that day.