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If a driver is “on duty, not driving” during the 15th and 16th hour of his duty tour and does not drive after that, has he used the 16-hour exception in 395.1(o)?

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If a driver is “on duty, not driving” during the 15th and 16th hour of his duty tour and does not drive after that, has he used the 16-hour exception in 395.1(o)?

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No. Example: If a driver was on duty 16 hours on Wednesday, but didn’t drive after being on duty 14 hours, could he use the 16 hour extension on Friday and be allowed to drive after the 14th hour as long as all other conditions and regulations (11-, 16-, and 60/70- hour rules) were met? In this scenario, the driver may choose to use the 16-hour extension on Friday as long as the driver meets all of the requirements for the 16-hour exception outlined in 395.1(o) and also remains in compliance with 395.3(a)(1) and 395.3(b). Although the 16 hours on duty on Wednesday will count toward the driver’s 60/70 calculations, the driver has not utilized the 16-hour exception unless the driver has actually driven after the 14th hour.

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