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39-32 Intrastate Commercial Driver Hours of Service

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CHAPTER 39-32INTRASTATE COMMERCIAL DRIVER HOURS OF SERVICE39-32-01. Definition of intrastate driver. As used in this chapter, &quot;intrastate driver&quot;means a driver who will be operating a commercial motor vehicle within this state for a<br>seven-consecutive-day period.39-32-02. Intrastate exemptions from federal hours of service provisions.1.The following intrastate drivers are not subject to hours of service limitations:a.A driver of an authorized emergency vehicle.b.A driver who operates a motor vehicle that has a manufacturer's gross vehicle<br>weight rating equal to or less than twenty-six thousand pounds [11793.40<br>kilograms] and that is not transporting hazardous materials.c.A driver of a tow truck operating at the request of a law enforcement officer.2.Except for a driver included in subsection 1, a motor carrier may not permit or<br>require any intrastate driver to drive and an intrastate driver may not drive:a.More than twelve hours following eight consecutive hours off duty.b.For any period after having been on duty more than fifteen hours.c.After having been on duty for seventy hours in any period of seven consecutive<br>days.3.Hours of service limitations do not apply to an intrastate driver when transporting<br>property or passengers during a declared emergency. The employer must declare<br>and document that the emergency is necessary to assure the protection of public<br>health and safety or to provide other essential assistance to the public. An employer<br>shall maintain documentation for one year and shall make it available upon request<br>of a law enforcement officer. Under this subsection, an emergency is the result of<br>any natural activities, including a tornado, windstorm, thunderstorm, snowstorm, ice<br>storm, blizzard, drought, mudslide, flood, high water, earthquake, forest fire,<br>explosion, blackout, or other occurrence, natural or manmade, which interrupts<br>delivery of essential services, such as electricity, medical care, sewer, water,<br>telecommunications transmissions, or essential supplies, such as food and fuels, or<br>otherwise threatens human life or public welfare.4.An intrastate driver is exempt from maintaining a record of duty status if:a.The driver operates within a one hundred fifty air-mile radius from the driver's<br>normal work-reporting location or from the official worksite of the vehicle;b.At least eight consecutive hours off duty separate each twelve hours on duty;c.The driver, except for a driver salesperson, returns to the work-reporting<br>location and is released from work within twelve consecutive hours; andd.The motor carrier maintains and retains for a period of six months accurate<br>time records showing the time the driver reports for duty and is released from<br>duty each day.Page No. 1Document Outlinechapter 39-32 intrastate commercial driver hours of service