39-32-02. Intrastate exemptions from hours of service regulations
1. The following intrastate drivers are not subject to hours of service regulations:
a. A driver of an authorized emergency vehicle;
b. A driver who operates a motor vehicle in intrastate commerce if the gross vehicle
weight, gross vehicle weight rating, gross combination weight, and gross
combination weight rating are less than twenty-six thousand one pounds
[11793.86 kilograms] unless the vehicle is used to transport hazardous materials
requiring a placard, the vehicle is designed to transport more than eight
passengers, including the driver, for compensation, or the vehicle is designed or
used to transport sixteen or more people, including the driver not for
compensation; or
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 require
any intrastate driver to drive and an intrastate driver may not drive:
a. More than twelve cumulative hours following ten consecutive hours off duty;
b. For any period after the end of the sixteenth hour after coming on duty following
ten consecutive hours off duty; or
c. After having been on duty for seventy hours in any period of seven consecutive
days.
3. Hours of service limitations do not apply to an intrastate driver operating a commercial
vehicle to provide emergency relief during an emergency declared by the governor.
Under this subsection, an emergency is the result of any natural activities, including a
tornado, windstorm, thunderstorm, snowstorm, ice storm, blizzard, drought, mudslide,
flood, high water, earthquake, forest fire, explosion, blackout, or other occurrence,
natural or manmade, which interrupts delivery of essential services, such as electricity,
medical care, sewer, water, telecommunications transmissions, or essential supplies,
such as food and fuels, or otherwise threatens human life or public welfare.
4. Hours of service limitations do not apply to an intrastate driver transporting agricultural
commodities or farm supplies, including farm equipment or machinery, for agricultural
purposes in this state during planting and harvesting seasons from January first
through December thirty-first, if the transportation is limited to an area within a
one hundred fifty air-mile radius from the source of the commodities or the distribution
point for the farm supplies.
5. 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
normal work-reporting location or from the official worksite of the vehicle;
b. The driver, except for a driver salesperson, returns to the work-reporting location
and is released from work within fourteen consecutive hours;
c. At least ten consecutive hours off duty separate each fourteen hours on duty; and
d. The motor carrier maintains and retains for a period of six months accurate time
records showing the time the driver reports for duty and is released from duty
each day.
