A possible oversight from the FMCSA means driver-salespersons won’t be able to enjoy an expanded operating area for a while.
Daren Hansen - Sr. DOT Editor - J. J. Keller & Associates, Inc.
March 24 , 2021
FREE Hours of Service Compliance Brief
Wondering how you can take advantage of the new hours-of-service rules' flexibility? Download our free compliance brief, plus get a free Encompass® Fleet Management System quote.
A possible oversight from the Federal Motor Carrier Safety Association (FMCSA) means driver-salespersons won’t be able to enjoy an expanded operating area for a while.
When the agency revised its hours-of-service rules in 2020, it expanded the 100-air-mile exception to allow drivers to go up to 150 air miles from home and still use time records in place of logs.
However, the FMCSA failed to grant the same allowance to driver-salespersons — at least for now.
By definition, a driver-salesperson is someone who:
Previously, driver-salespersons were able to take full advantage of the 100-air-mile exception. But under the new hours-of-service rules, they’re still limited to 100 air miles even though other short-haul drivers are allowed 150 air miles.
Being defined as a driver-salesperson is beneficial because such drivers:
Driver-salespersons may still use the 150-air-mile exception, they just can’t drive beyond a 100-air-mile radius when doing so.
The National Private Truck Council (NPTC) — whose members have many driver-salespersons — petitioned the FMCSA earlier this year to amend the new hours-of-service rules so driver-salespersons could drive up to 150 air miles. The FMCSA denied the petition, but only because the suggested change was outside the scope of the current rulemaking process.
Instead, the agency will treat the NPTC’s request as a formal “petition for rulemaking” under §389.31, which allows anyone to petition for rule changes.
If the agency finds merit in the petition, we may soon see a proposal to change the hours-of-service rules once again, to the benefit of driver-salespersons everywhere.
Use J. J. Keller® Encompass® Fleet Management to simplify hours-of-service compliance. It tracks your drivers' hours of service for every log type – electronic, paper, exempt, and timecards – always according to DOT regulations. Free quote.
Supporting Documents — A Day in the Life
Do you know the five types of supporting documents? Walk through an example of how to properly use each of them.
Last Minute Driver Prep for Canada's ELD Mandate
Here are a few last-minute pointers for you and your drivers as you roll out your ELD program to comply with Canada's ELD mandate.
Get Familiar with Canadian ELD Mandate Terms
Learn about some important differences between the Canadian electronic logging device (ELD) mandate and the U.S. mandate.