What hours-of-service (HOS) exceptions are available to “driver-salespersons”?
Under § 395.1(c), a driver meeting the “driver-salesperson” definition in § 395.2 (private carrier, solely delivering and selling goods or services, 100 air-mile radius, no more than 50% of on-duty time is driving) does not have to comply with the 60/70 hour limitation if the driver does not exceed 40 hours driving in any 7 consecutive day period. A property-carrying driver-salesperson may use the “no log book” provision of § 395.1(e) if the driver-salesperson meets the requirements of operating within a 100 air-mile radius and has at least 10 consecutive hours off duty separating each 12 hours on duty. Although a driver-salesperson is not required to return to the work reporting location to be released from work within 12 hours, the driver may not drive after the 14th hour after coming on duty. Driver-salespersons using the 100 air-mile radius exception must complete a record of duty status (log sheet) on days in which they exceed 12 hours on duty. A driver-salesperson may be eligible
