Short-Haul HOS Exemption: The 150-Air-Mile and 100-Air-Mile Rules Explained (2026)

The Two Short-Haul Exemptions: 150 vs. 100 Air Miles

The short-haul exemption is actually two separate provisions under 49 CFR 395.1(e), and they apply to fundamentally different types of drivers. Confusing the two — or applying the CDL-driver rule to a non-CDL driver fleet — is a common compliance error that surfaces during audits.

Both exemptions share the same underlying logic: if a driver operates close enough to home base and returns within a defined window, the administrative burden of maintaining daily logs and using an ELD is disproportionate to the safety benefit. The regulations reflect this by eliminating the RODS (Records of Duty Status) requirement for qualifying operations. But eliminating logs is not the same as eliminating all documentation — a distinction that enforcement officers frequently test.

The most critical thing to understand about both exemptions: they are daily qualifications. A driver who meets the short-haul conditions 4 days per week and fails to meet them on the 5th day must maintain a full RODS for that 5th day. The exemption is not a blanket authorization — it must be re-earned each workday by meeting every condition.

The 150-Air-Mile CDL Driver Exemption (Detail)

The 150-air-mile exemption under 49 CFR 395.1(e)(1) applies to drivers who operate commercial motor vehicles that require a Commercial Driver's License. This covers Class A and Class B CMVs, combination vehicles over 26,001 lbs GVWR, and vehicles transporting passengers or hazmat placarded quantities that require a CDL.

To qualify on any given day, a CDL driver must satisfy all four conditions simultaneously:

The key administrative implication: because the carrier is not required to maintain RODS, an enforcement officer at a roadside inspection cannot demand an ELD log from a qualifying short-haul driver. However, the officer can ask the driver to demonstrate that the exemption conditions were met — and the carrier's time records (start time, stop time, location) are how you prove it.

The 100-Air-Mile Non-CDL Exemption (Detail)

The 100-air-mile exemption under 49 CFR 395.1(e)(2) covers a different population of drivers: those operating vehicles that do not require a Commercial Driver's License. This typically means vehicles under 10,001 lbs GVWR, though it also includes vehicles that would otherwise be commercial motor vehicles but that don't require a CDL for the specific operation.

This exemption is most commonly used by:

The critical differences from the 150-air-mile CDL exemption: the non-CDL driver must return within 12 consecutive hours (not 14), and must stay within 100 air miles (not 150). These are tighter constraints that reflect the lower-risk nature of non-CDL vehicles. The 10-hour off-duty requirement before the next shift is identical in both exemptions.

One nuance that catches carriers off guard: if a non-CDL vehicle hauls placarded hazardous materials on any given day, the 100-air-mile exemption no longer applies for that day, and the driver must maintain a full RODS. Even if the same driver qualifies for the exemption on every other day, the hazmat trigger forces full HOS compliance on that specific trip.

Air Miles vs. Road Miles: The Most Common Mistake

This is the single most frequent short-haul compliance error, and it appears in both directions: carriers sometimes incorrectly believe a driver qualifies for the exemption when they don't, and sometimes incorrectly believe they don't qualify when they do. Getting this calculation wrong is a foundational error that can invalidate an entire compliance program built around the exemption.

The practical recommendation: for any driver operating under the short-haul exemption, map out the geographic service territory and determine the farthest customer or delivery location by air miles. Build in a safety buffer — if a customer is 148 air miles away, that is too close to the 150-mile limit to rely on confidently, and a carrier should require logs for routes that include that customer.

What HOS Rules Still Apply Under the Exemption

The short-haul exemption is specifically and only a log and ELD exemption. It eliminates the requirement to maintain Records of Duty Status under 49 CFR 395.8 and the requirement to use an ELD under 49 CFR 395.22. Every other applicable HOS rule remains in full effect.

The 60/70-hour weekly limit is particularly important for short-haul carriers to monitor. Because these drivers don't have electronic logs automatically tracking cumulative on-duty time, the carrier must track the weekly hours manually. Drivers who work 6 or 7 days per week in demanding short-haul roles can hit the 60-hour limit faster than expected — and without a log, the only record is the carrier's time sheets.

Time Record Requirements (No Logs Does Not Mean No Records)

One of the most persistent misconceptions about the short-haul exemption: because drivers don't have to keep logs, some carriers believe no documentation is required at all. This is incorrect, and it is a direct path to a violation during a compliance review.

Under 49 CFR 395.1(e)(5), carriers using the short-haul exemption must maintain time records for each exempt driver. These records are not optional. The regulation specifies what they must contain:

Time records do not have to follow any specific format — a simple spreadsheet, dispatch system report, or paper timesheet that captures all five elements (driver name, work location, start time, end time, date) satisfies the requirement. The records must be retained at the carrier's principal place of business and must be available within 48 hours if an FMCSA investigator requests them during a compliance review.

Critically, these time records serve a dual purpose: they document exemption compliance for FMCSA purposes, and they provide the only evidence available if a driver's qualifying conditions are questioned at a roadside inspection or after an accident. A driver who was operating under the exemption and is involved in an accident will be scrutinized carefully — the time records are what establishes that the driver was actually within the 14-hour window and the 150-air-mile radius.

When the Exemption Breaks and Full HOS Kicks In

The short-haul exemption operates on an all-or-nothing basis for each workday. If any qualifying condition is violated during the day — the radius is exceeded, the 14-hour window expires before return, or the driver fails to return to the work reporting location — the exemption is broken and the full HOS rules apply retroactively for that day.

The practical lesson: carriers should always carry paper log books in vehicles operating under the short-haul exemption. The exemption can be broken by circumstances outside the driver's control — a mechanical failure that delays return, an unexpected dispatch to a customer slightly outside the normal territory, or a traffic situation that pushes the clock past 14 hours. A vehicle with no paper logs and a broken exemption puts the driver in an untenable position at a roadside inspection.

How FileFlo Tracks Short-Haul Exemption Compliance

Short-haul HOS exemption compliance requires the same systematic documentation approach as any other regulatory requirement — just without the ELD. The absence of electronic logs doesn't mean the absence of record-keeping obligations. FileFlo helps short-haul carriers manage the documentation layer that the exemption still requires, and flags when operational patterns suggest the exemption may be at risk.

For carriers with mixed fleets — some drivers on ELDs, some operating under the short-haul exemption — FileFlo provides a unified compliance view. Short-haul driver time records sit alongside ELD log summaries, medical card expiration dates, and driver qualification file documents in a single system. When an auditor arrives, everything is in one place.