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XPO | Eld Rollout

The basics

To be able to use this logging exemption, the driver must:

  • Stay within 100 air-miles of the work reporting location for the day (draw a 100 air-mile radius circle around the work reporting location for the day — the driver must stay within this circle),
  • Be back to — and released from — the work reporting location for his/her 8- or 10-hour break within 12 hours, and
  • Include the starting and ending times for the day and the total hours on duty on the time record for the day.
The company must retain the time record and have it available for inspection for six months.

Common myths

Here are some of the common myths and misunderstandings about the 100 air-mile exemption:

  • The driver must have the time records in the vehicle. Myth. The driver simply needs to explain to an officer during a roadside inspection that he/she does not have logs due to operating under the 100 air-mile exemption and that the required time records are back at the carrier’s office (just telling the officer, “I don’t have any logs” will lead to a violation, so the driver needs to know to provide the full explanation).
  • The driver must log the previous seven days if he/she had been using this exemption and suddenly can’t. Myth. If the driver cannot use the exemption on one particular day, that is the only day the driver must use a regular log (either paper or electronic).
  • Passenger-carrying drivers and drivers hauling hazardous materials cannot use this exemption. Myth. There are no restrictions on the use of this exemption, so any commercial driver can use it.
  • A driver that crosses state lines cannot use this exemption. Myth. As this exemption appears in the Federal Motor Carrier Administration (FMCSA) regulations, it can be used by interstate drivers.
  • Only drivers that operate out of a “company terminal” can use the 100 air-mile exemption. Myth. As long as the driver makes it back to the work reporting location for the day within the appropriate number of hours, the driver can use the exemption.
  • Drivers that move from one jobsite to another every few weeks cannot use this exemption. Myth. If a driver that normally uses this exemption switches work reporting locations, the day the driver switches work reporting locations is the only day the driver cannot use the exemption.
  • Drivers covered by this exemption are also exempt from the driver qualification (licensing and medical cards), driving, and vehicle inspection requirements. Myth. The only rules the driver is exempt from are the logging requirement in §395.8 and the 30-minute break requirement in §395.3.
  • The driver cannot drive more than 100 miles for the day. Myth. The driver can drive as many miles as he/she wants to or needs to, as long as the driver stays within the 100 air-mile radius circle and gets back to the work reporting location within the appropriate number of hours.
  • If a 100 air-mile driver gets into a vehicle with an ELD, the driver must use it. Myth. The carrier can have the driver log in and have the driver entered into the system as an “exempt driver,” or the carrier can request that the driver not log into the device and then attach a comment to the unassigned driving time generated by the driver’s movements. The comment would need to explain that the driver using the vehicle was a 100 air-mile driver who submitted a time record. It is up to the carrier to decide which option to use. If stopped for a roadside inspection, the driver will need to be able to explain to the inspector that he/she is an exempt driver using the 100 air-mile exemption, so using the electronic log is not required.

From - J.J. Keller Compliance library
 
After reading all of that , there's one little tidbit as to why drivers for XPO are designated Driver Sales Representatives.

A few variations

To be able to use this exemption, drivers operating ready-mix concrete vehicles and drivers transporting asphalt must return to the work reporting location for the day within 14 hours, rather than 12 hours. Also, a driver that qualifies as a “driver-salesperson” does not have to return to the work reporting location.

This is in regards to the 100 air-mile short haul exemption.

From - J.J. Keller Compliance library
 
Serene Gene said:
You were trained correctly. Once you hit 8 on duty, you can't drive. You could work for 24 hours straight without a break if you wanted, as long as you're not logging drive time after the 8th hour.



I can see how you could read that one line as requiring a break before 8 hours, but I think that's just sloppy writing. Everything else says you just can't drive after 8.
Click to expand...
Apparantly I'm not the only person who got fooled by the sloppy writing. Look at this paragraph from the article posted later in this thread.
"The most popular change in the HOS proposal, according to the survey, is allowing drivers to satisfy the 30-minute break requirement by using “on-duty, not driving” time and by using off-duty status. Sixty percent of carriers are in favor of allowing loading, unloading and other on-duty activities to quality as rest breaks. In addition, under the proposal, a 30-minute break would only be required after 8 hours of driving time, instead of 8 hours of on-duty time." I said the same thing...duty time. A combination of both driving and on duty time.
Now I know our company subscribes to your way of looking at it and maybe that's the legal way of seeing it, but I cannot stress enough that in the end, the only legal opinion that matters is that of a jury. I think our company is making a big mistake by taking advantage as what may be seen as a loophole to get around having a driver take a break before their 8th hour of duty time.
 
icuicp said:
The basics

To be able to use this logging exemption, the driver must:

  • Stay within 100 air-miles of the work reporting location for the day (draw a 100 air-mile radius circle around the work reporting location for the day — the driver must stay within this circle),
  • Be back to — and released from — the work reporting location for his/her 8- or 10-hour break within 12 hours, and
  • Include the starting and ending times for the day and the total hours on duty on the time record for the day.
The company must retain the time record and have it available for inspection for six months.

Common myths

Here are some of the common myths and misunderstandings about the 100 air-mile exemption:

  • The driver must have the time records in the vehicle. Myth. The driver simply needs to explain to an officer during a roadside inspection that he/she does not have logs due to operating under the 100 air-mile exemption and that the required time records are back at the carrier’s office (just telling the officer, “I don’t have any logs” will lead to a violation, so the driver needs to know to provide the full explanation).
  • The driver must log the previous seven days if he/she had been using this exemption and suddenly can’t. Myth. If the driver cannot use the exemption on one particular day, that is the only day the driver must use a regular log (either paper or electronic).
  • Passenger-carrying drivers and drivers hauling hazardous materials cannot use this exemption. Myth. There are no restrictions on the use of this exemption, so any commercial driver can use it.
  • A driver that crosses state lines cannot use this exemption. Myth. As this exemption appears in the Federal Motor Carrier Administration (FMCSA) regulations, it can be used by interstate drivers.
  • Only drivers that operate out of a “company terminal” can use the 100 air-mile exemption. Myth. As long as the driver makes it back to the work reporting location for the day within the appropriate number of hours, the driver can use the exemption.
  • Drivers that move from one jobsite to another every few weeks cannot use this exemption. Myth. If a driver that normally uses this exemption switches work reporting locations, the day the driver switches work reporting locations is the only day the driver cannot use the exemption.
  • Drivers covered by this exemption are also exempt from the driver qualification (licensing and medical cards), driving, and vehicle inspection requirements. Myth. The only rules the driver is exempt from are the logging requirement in §395.8 and the 30-minute break requirement in §395.3.
  • The driver cannot drive more than 100 miles for the day. Myth. The driver can drive as many miles as he/she wants to or needs to, as long as the driver stays within the 100 air-mile radius circle and gets back to the work reporting location within the appropriate number of hours.
  • If a 100 air-mile driver gets into a vehicle with an ELD, the driver must use it. Myth. The carrier can have the driver log in and have the driver entered into the system as an “exempt driver,” or the carrier can request that the driver not log into the device and then attach a comment to the unassigned driving time generated by the driver’s movements. The comment would need to explain that the driver using the vehicle was a 100 air-mile driver who submitted a time record. It is up to the carrier to decide which option to use. If stopped for a roadside inspection, the driver will need to be able to explain to the inspector that he/she is an exempt driver using the 100 air-mile exemption, so using the electronic log is not required.

From - J.J. Keller Compliance library
Click to expand...
the last I heard is they want to push it to 150 air mile radius
 
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