Oil- & Gas-Related Exceptions

in the Federal Hours-of-Service Rules

Due to the specialized nature of their operations, interstate drivers in the oil and
gas industry can take advantage of several exceptions in the federal hours-ofservice rules in 49 CFR Part 395. Many states adopt these exceptions as well
for intrastate operations.

1) 24-Hour Restart
Drivers of most property-carrying commercial motor vehicles (CMVs) have to take
at least 34 hours off duty in order to reset their accumulated hours under the
60/70-hour rule, but drivers of CMVs that are used exclusively to transport oil/gas
field equipment can get a restart with just 24 hours off.
This exception can be used regardless of the type of CMV involved, as long as
the vehicle is dedicated to transporting oil/gas field equipment. This includes:

CMVs used for the stringing and picking up of pipe used in pipelines;
CMVs used in the servicing of the field operations of the natural gas and oil
industry;
CMVs transporting equipment and supplies (including water or sand) to the
site and waste or product away from the site;
CMVs moving equipment to, from, or between oil and gas well sites; and
Dedicated oilfield mechanics operating CMVs used to service the
vehicles/equipment associated with field operations.

This 24-hour restart option is not tied to the 34-hour restart rule in any way, so it is
not subject to the restrictions that apply to the 34-hour restart (395.3). Anytime a
driver has 24 consecutive hours off duty and/or in a sleeper berth, it counts as a
valid restart.
According to the FMCSA (see guidance question #9 to 395.1), the driver had
to have been exclusively involved in supporting oilfield operations for the 8 days
previous to taking the reset. If the driver switches to non-oilfield hauling during
the following 8 days, the standard rules in 395.3 apply and a 24-hour reset
would no longer be recognized as a valid restart.
Reference: 49 CFR 395.1(d)(1)

Copyright 2013 J. J. Keller & Associates, Inc. All rights reserved.

2) Waiting Time
There is an exemption to the normal definition of on duty for time spent waiting
at well sites. Such time can be recorded as off duty and can be excluded from
the drivers 14-hour calculation. HOWEVER, this can only be used by specially
trained drivers operating specially constructed equipment.
Key points:

The vehicle must be such that the only thing it can be used for is
supporting/servicing wells. If it could be used for anything else, the driver
does not qualify for this exception. For example, sand and water haulers
are not eligible.
Special training means more than just being trained on how to run a
loading or unloading pump. It must be training that a truck driver would not
normally receive.
The driver must be strictly waiting. If the driver is working, the time needs
to be logged as on duty.
The waiting time must be captured on a log. The driver can either log the
waiting time as off duty and indicate in the Remarks area that it was time
spent waiting at a well site, OR the driver can use the fifth line on a fiveline log, labeled off duty waiting at well site.
Eligible waiting time can be used to satisfy the requirement for a 30-minute
rest break every 8 hours.
Due to the documentation requirement, a driver that uses this exception
cannot use the 100- or 150-air-mile exception from the logging
requirement.

To assist in determining if a vehicle is to be considered a specially constructed

vehicle operated by a specially trained driver, the FMCSA has provided the
following interpretation:
Question 8: What kinds of oilfield equipment may drivers operate while taking
advantage of the special waiting time rule in 395.1(d)(2)?
Guidance: The waiting time provision in 395.1(d)(2) is available only to operators
of those commercial motor vehicles (CMVs) that are (1) specially constructed for use
at oil and gas well sites, and (2) for which the operators require extensive training in
the operation of the complex equipment, in addition to driving the vehicle. In many
instances, the operators spend little time driving these CMVs because leased
drivers from driveaway services are brought in to move the heavy equipment from
one site to another. These operators typically may have long waiting periods at well
sites, with few or no functions to perform until their services are needed at an
unpredictable point in the drilling process. Because they are not free to leave the site
and may be responsible for the equipment, they would normally be considered on
duty under the definition of that term in 395.2. Recognizing that these operators,
their employers, and the well-site managers do not have the ability to readily

Copyright 2013 J. J. Keller & Associates, Inc. All rights reserved.

schedule or control these driver's periods of inactivity, 395.1(d)(2) provides that the
waiting time shall not be considered on-duty (i.e., it is off-duty time). During this
waiting time, the operators may not perform any work-related activity. To do so
would place them on duty.
Examples of equipment that may qualify the operator/driver for the waiting time
exception in 395.1(d)(2) are vehicles commonly known in oilfield operations as
heavy-coil vehicles, missile trailers, nitrogen pumps, wire-line trucks, sand storage
trailers, cement pumps, frac pumps, blenders, hydration pumps, and separators.
This list should only be considered examples and not all-inclusive. Individual
equipment must be evaluated against the criteria stated above: (1) Specially
constructed for use at oil and gas well sites, and (2) for which the operators require
extensive training in the operation of the complex equipment, in addition to driving
the vehicle infrequently.
Operators of CMVs that are used to transport supplies, equipment, and materials
such as sand and water to and from the well sites do not qualify for the waiting time
exception even if there have been some modifications to the vehicle to transport,
load, or unload the materials, and the driver required some minimal additional
training in the operation of the vehicle, such as running pumps or controlling the
unloading and loading processes. It is recognized that these operators may
encounter delays caused by logistical or operational situations, just as other motor
carriers experience delays at shipping and receiving facilities. Other methods may
be used to mitigate these types of delays, which are not the same types of waiting
periods experienced by the CMV operators who do qualify for the waiting time
exception.
Reference: 49 CFR 395.1(d)(2)

3) Special split-break requirements

Drivers who are eligible for the waiting-time exception discussed above have the
option to accumulate the "equivalent" of 10 consecutive hours off duty in two ways:

By taking a combination of at least 10 consecutive hours of off-duty time,

sleeper-berth time, or time in other sleeping accommodations at a natural gas
or oil well location; or

By taking two separate periods of rest in a sleeper berth or other sleeping

accommodation at a natural gas or oil well location, with work time in
between, as long as:
o Neither rest period is shorter than 2 hours;
o The driving time in the period immediately before and after each rest
period, when added together, does not exceed 11 hours; and
o The driver does not drive after the 14th hour after coming on duty,
excluding the two rest periods used to satisfy the 10-hour break
requirement but including all other time.

Copyright 2013 J. J. Keller & Associates, Inc. All rights reserved.

While many full-grown drill rigs are equipped with sleeping facilities either as
part of the rig itself or as a separate building many smaller service rigs and
workover rigs typically do not have such facilities.
While not required by the regulations, it is best if the driver enters remarks on the log
to indicate that this exception was used. For example, the driver might write resting
in bunking facility and indicate the specific rig and location.
Note that a sleeping facility can also be used to satisfy the 30-minute rest-break rule.
Reference: 49 CFR 395.1(g)(2)

Copyright 2013 J. J. Keller & Associates, Inc. All rights reserved.