What Is the 16 Hour Rule in California
What is the 16-Hour Rule in California?
The 16-hour rule is a provision in California’s intrastate hours-of-service (HOS) regulations that allows certain commercial drivers to extend their workday from 12 to 16 hours once per week. This rule aims to provide flexibility for short-haul drivers who encounter unexpected delays or unusual circumstances while operating close to their home base.
Under normal California intrastate HOS rules, drivers are limited to a 12-hour workday. They must take at least 8 consecutive hours off-duty before driving again. However, the 16-hour rule permits drivers to extend their shift to 16 hours, as long as they meet specific criteria.
It’s important to note that while the 16-hour rule extends the maximum workday, it does not increase the allowable driving time. Intrastate drivers in California are still limited to a maximum of 12 hours of driving time within their 16-hour shift.
| Normal Intrastate HOS | 16-Hour Rule Exception |
|---|---|
| 12-hour maximum workday | 16-hour maximum workday (once per week) |
| 12 hours of driving allowed within workday | 12 hours of driving allowed within extended workday |
| 8 consecutive hours off-duty required before driving again | 8 consecutive hours off-duty still required before driving again |
This rule is designed as a safety valve to help drivers who are close to their home base complete their run if they experience unforeseen delays. It should not be used routinely or built into a carrier’s scheduling practices.
Who is Eligible for the 16-Hour Rule?
Not all commercial drivers in California can utilize the 16-hour rule. To be eligible, drivers must meet the following criteria as outlined by the California Highway Patrol:
Return to Work Reporting Location: The driver must return to their normal work reporting location at the end of each workday. This must be true for the current workday and the driver’s last 5 duty periods.
Release from Duty: The driver must be released from duty within 16 hours of starting work.
Frequency Limitation: Drivers can only use the 16-hour rule once every 7 consecutive days. The only exception is if the driver has taken 34 consecutive hours off-duty to reset their 7-day period.
Short-Haul Exception: The driver must not qualify for the “Non-CDL Short Haul Exception” in order to use the 16-hour rule.
Essentially, the 16-hour rule is designed for short-haul CDL drivers who normally complete their workday within 12 hours but occasionally need a little extra time. Long-haul or regional drivers who are routinely away from their home base overnight cannot utilize this exception.
Agricultural drivers in California have some additional flexibility. They can work up to 16 hours and drive up to 12 hours within that period every day, without being limited to once per week like other drivers. However, they must still comply with the 8 consecutive hours off-duty requirement before driving again.
How Does the 16-Hour Rule Compare to Other Regulations?
The 16-hour rule in California is similar in concept to the 16-hour short-haul exception in the federal hours-of-service rules. However, there are some key differences between California’s intrastate rules and the federal interstate regulations.
| Provision | Federal Interstate HOS | California Intrastate HOS |
|---|---|---|
| Driving hours allowed | 11 hours | 12 hours |
| Maximum shift length | 14 hours | 16 hours (with 16-hour rule) |
| 30-minute rest break | Required after 8 hours of driving | Not required |
| 100 air-mile radius exception | Exempts driver from logging | Exempts driver from ELD mandate |
| 150 air-mile radius exception | Extends maximum shift to 14 hours | Not applicable |
Another key difference is that under federal rules, drivers can extend their driving window to deal with adverse conditions. They are allowed to drive up to 2 additional hours beyond the 14-hour limit if they encounter unforeseen weather or traffic delays.
In California, drivers can extend their driving time by up to 2 hours for adverse conditions, but this does not extend their total 16-hour workday under the 16-hour rule. So a driver using the 16-hour rule could drive for up to 14 hours if needed due to adverse conditions, but they would still need to complete their shift within 16 hours.
It’s critical for drivers and carriers to understand which rules they are operating under. Drivers in California must follow the state’s intrastate HOS regulations unless they are explicitly operating in interstate commerce at that time.
What Are the Record-Keeping Requirements for the 16-Hour Rule?
Whenever a driver uses the 16-hour rule, it’s essential that they document it properly. Drivers should note on their log or time records whenever they utilize this exception.
Starting in January 2024, California will require intrastate drivers to use electronic logging devices (ELDs) to record their hours of service, unless they are covered by an exemption. This mandate aligns California’s requirements with the federal ELD rules.
When using an ELD, drivers should ensure they are selecting the proper status changes and noting when they are using an exception like the 16-hour rule. Many ELD systems have built-in functionality to track exceptions and alert the driver if they are in danger of exceeding limits.
For drivers still using paper logs until 2024, they should clearly write “16-hour rule” or similar notation on their log to indicate when they are using this exception. They must still log all of their status changes and ensure their logs are complete, accurate, and turned in on time.
Carriers should also have internal processes to track and document when drivers are using the 16-hour rule. This may include noting it in dispatch records, tracking it in a driver’s qualification file, or having the driver send a notification when they use the exception.
Proper documentation is critical to demonstrate compliance during an audit or inspection. While the 16-hour rule provides needed flexibility, it must be used sparingly and tracked carefully.
What Should Drivers Know About Managing Time Under the 16-Hour Rule
While the 16-hour rule can be a helpful tool for short-haul drivers, it’s important to use it wisely. Drivers should keep the following tips in mind:
Plan Ahead: Don’t assume you will have the 16-hour rule available. Plan your day to be completed within 12 hours whenever possible. The 16-hour rule should be reserved for truly unexpected delays.
Track Your 7-Day Period: Remember, you can only use the 16-hour rule once per 7-day period unless you do a 34-hour restart. Keep careful track of when you last used this exception to avoid violations.
Maximize Off-Duty Time: When you do use the 16-hour rule, try to maximize your off-duty time on the other days that week. This will help ensure you are well-rested and minimize fatigue.
Don’t Abuse It: Carriers should never pressure drivers to use the 16-hour rule or build it into their schedules. It is an exception, not a standard way of operating. Overuse of the 16-hour rule can lead to fatigued driving, which is a serious safety risk.
Know Your Limits: The 16-hour rule may let you extend your workday, but it doesn’t override your body’s need for rest. If you are too tired to drive safely, you must stop, even if you have time left on your 16-hour clock. Safety always comes first.
Keep Good Records: Always document your use of the 16-hour rule thoroughly and accurately. Good record-keeping is essential to demonstrate compliance and avoid violations.
By understanding the 16-hour rule and using it appropriately, short-haul drivers in California can manage unexpected delays while still maintaining safety and compliance. However, it’s critical to use this exception sparingly and always put safety first. Proper trip planning, time management, and rest should always be the top priorities.
