Adverse Driving Conditions (Ultimate Guide)

What is the FMCSA adverse driving conditions exception?

The adverse conditions exception to the standard Federal Motor Carrier Safety Administration (FMCSA) hours of service regulations refers to a regulatory provision that allows commercial truck drivers to exceed the maximum number of hours they can drive in a day by up to 2 hours under certain road or weather conditions.

This exception (or Special Hours Of Service Driving condition under 49 CFR §395.1(b)(1) in the U.S. and SOR/2005-313 S76 in Canada) is intended to ensure that drivers are not penalized for circumstances beyond their control, and can safely continue their trip without putting themselves or others at risk.

Important Note: In 2020, the FMCSA made a handful of hours of service revisions including changes to the short haul exemption and to §395.1(b)(1) which now allows drivers to extend both their driving and on-duty limits by 2 hours.

Before the updated guidance, the old regulations only permitted drivers to extend their driving limit, but not their on-duty limit, by 2 hours.

So, now drivers can extend both their 11 hour and 14 hour clocks if they encounter adverse conditions during their trip.

What are Adverse Driving Conditions? 

FMCSA adverse driving conditions regulations refer to weather or road conditions that are likely to cause safety hazards for the truck driver or other drivers on the road.

Many events could potentially be considered an adverse driving condition for the hours of service exception. 

What is considered an adverse condition? Adverse driving conditions examples include:

• Heavy rain, snow, sleet or ice or other adverse weather conditions that were not forecasted
• Heavy fog
• High winds
• Dust storms
• Unexpectedly heavy traffic
• Road closures due to accidents or other incidents
• Other exceptional circumstances beyond the driver’s control that make it difficult or impossible for them to complete their trip within the required  HOS time limits.

The FMCSA gives us the following adverse conditions definition:

Adverse driving conditions means snow, ice, sleet, fog, or other adverse weather conditions or unusual road or traffic conditions that were not known, or could not reasonably be known, to a driver immediately prior to beginning the duty day or immediately before beginning driving after a qualifying rest break or sleeper berth period, or to a motor carrier immediately prior to dispatching the driver.

When can you use Adverse Driving Conditions exception? 

You can use the exception anytime that you encounter truly exceptional adverse situations that could prevent you from completing your trip within the normal FMCSA hours of duty status regulations. There really isn’t a limit to when you can or can’t use it.

You just need to make sure that you document the use of the exception in your ELD before you take it! 

How do you use the adverse driving conditions exception?

Drivers can use the FMCSA adverse driving conditions exception to hours of service by following these steps:

• Determine if you’re truly driving in adverse weather conditions: You must first assess if the weather or road conditions are so severe that you are unable to safely complete your trip within the normal hours of service.
• Document the adverse conditions: You must keep a log or other written documentation of the adverse conditions, including the date, time, and specific circumstances that made it difficult or impossible to complete your trip within the normal hours of service.
• Notify your carrier, (if applicable): You must notify your carrier of the adverse conditions and that you’re using the adverse conditions exception.
• Return to duty status as soon as possible: Once the adverse conditions have passed, you must return to normal duty status and comply with the hours of service regulations as usual. 

It’s important to note that the adverse conditions exception is not a blanket authorization to exceed your hours of service limits.

Pro Tip: The wording of the regulation exception clearly states that the time limit on the exception is up to 2 hours. It’s not just a free extra 2 hours on your 11 and 14 hour clocks whenever you need it. 

Fleets must use this HOS rules exception sparingly and only when absolutely necessary for safety reasons. You must make sure that you adequately document the exception in accordance with the FMCSA regulations.

You’ve got to be really careful when using the advserse conditions exception for unexpectedly heavy traffic or crashes, etc. You really need to be somehow directly invlolved in these events to use the exception.

We help manage your entire hours of service program as part of our transportation compliance services!

For instance, if you’re stuck in traffic on I-285 outside of Atlanta around a normal rush hour time using the exception is probably unwise.

On the other hand, you would probably be in good shape if traffic comes to a sudden standstill due to a crash that happened a few miles ahead and you can’t exit to go around the incident.    

How often can you use adverse driving conditions exception? 

The frequency at which you can use the adverse driving conditions FMCSA exception is not specified by the federal regulations.

I think that it’s intentionally vauge and is often up to the intrepretation of the officer who might be reviewing a driver’s logs during a roadside inspection or a DOT compliance review.   

The exception is meant to be rarely used and only in exceptional circumstances, such as extreme weather conditions or unexpected road closures, that make it difficult or impossible to complete your trip within the normal HOS regulations.

Of course, you can only use the exception up to two hours during each duty day.

It is up to the discretion of the driver and their carrier to determine when the adverse conditions exception should be used, but it should not be used as a regular occurrence or as a way to regularly bypass the hours of service regulations.

The FMCSA and law enforcement agencies have the right to review logs and records to ensure that the exception is being used correctly.

If the inspector or officer can prove there was no adverse driving condition that existed, then the driver would likely be cited for the applicable violation of 49 CFR 395.3 or 395.5.

You could also be cited if you use the exception for longer than the allowed 2 hour limit. The officer should note any information about the violation in the roadside inspection report (DVER). 

One of the fleets that we work with recently had a driver undergo a level 3 inspection in Montana. He was cited with a 395.3 violation when he used the adverse driving condition exception for 2 hours and 11 minutes. Most officers don’t screw around with HOS regulation violations. 

How does a truck driver log an adverse driving condition for the hours of service exception?

If a driver intends to use the FMCSA adverse driving conditions exception, they’re required to annotate the use of the exception on the electronic logging device under 49 CFR Section 395.28(c). 

You can log an adverse driving condition for the hours of service exception by keeping a written record of the circumstances and events leading up to the use of the exception.

This documentation should include the following information:

• Date and time: The date and time that the adverse driving conditions occurred and the exception was used.
• Description of conditions: A description of the adverse conditions, such as weather, road closures, or other exceptional circumstances.
• Location: The location where the adverse conditions occurred.
• Signature: The driver’s signature or some other form of identification to confirm that the record is accurate and the driver was involved in the situation.

This written record should be kept in the driver’s logbook or in some other form of documentation that can be easily accessed by the driver, their carrier, and law enforcement. Once the trip is completed, be sure to retain the documents in your standard HOS supporting documents for that trip. 

The purpose of the written record is to provide evidence of the exceptional circumstances that led to the use of the adverse weather conditions FMCSA exception and to ensure that the exception is used appropriately and in accordance with federal regulations.

How to use Adverse Conditions on your ELD:

Here’s how you can switch into the HOS Adverse driving conditions duty status in most major ELDs:

Keeptruckin/ Motive ELD

How to log adverse driving conditions Keeptruckin/ Motive ELD

Drivers can log the exception in their Motive App by following these steps:

• Open your Motive app and go to your current day’s log. 
• Tap the Plus (+) button on the bottom right of the screen.
• Under the “Select An Action” Screen, click on the “Take Adverse Conditions Exception” option. 
• Then, a banner will be applied that shows the exception has been activated. Be sure to drop your comments into the remarks section!!

Samsara ELD

• Open the Samsara App and tap the HOS tile to view your clocks. 
• Click on “Log” near the bottom left of your screen.
• Scroll down on your driver daily log to find the “Exemptions” section and tap on “Adverse Driving (US) or Adverse Driving (Canada). 
• Add your remarks to the log to explain the reason for the exception.
• Hit the blue “Claim” button at the bottom. 
• Certify and submit your log. 

Verizon Connect ELD

• Open your Verizon Connect app and go to your HOS Status screen.
• Tap the “Actions” button in the lower part of the screen.
• Tap the “Exemptions” button (looks like it has a COVID virus on it, just sayin)
• Then you have to toggle (slide right) the button next to Adverse Driving Conditions to make it turn blue.
• Tap the “Done” button and enter your comments about the exception in the dialog box that opens and tap “OK”.

(Note: The exemption will automatically be disabled after your next 10 hour reset)

Teletrac Navman ELD

• Open your Teletrac App
• On your ELD screen, tap the button that looks like crossed lines on the far right of the screen. 
• Select the Adverse Conditions duty status and touch “OK”.
• Touch the “Add Comment” button to explain why you are using the exception. 

Big Road ELD

• Open your Big Road mobile App.
• Tap the Duty Status Wheel from your home screen.
• Select “Begin Emergency Conditions” from your available duty status options.
• Input the reason for using the exception in the pop up window that appears.
• Tap the “Continue” button.

(Note: You can manually switch out of using the adverse driving conditions exception. Do this by tapping the “Emergency Conditions” duty status wheel and then clicking on the “End Emergency Conditions: button. Otherwise, it will be deactivated with the next daily reset). 

GeoTab ELD

• Open your Drive App.
• Go to the GeoTab Drive Menu in the top left corner of your screen
• Select HOS
• Select “View Exemptions”
• Select Apply Today for adverse driving conditions 

(Note: The Driver must be in On Duty status to be able to apply this exception). 

The exemption will be removed with the next shift reset, or you can simply hit the “Remove” button. 

Adverse Drving Conditions: Wrapping Up

As you can see, the adverse driving conditions exception can provide a good bit of addtional flexibility if you or your drivers run into unexpected trouble on the road.

If you plan on using the HOS exception, just make sure that the situation qualifies and that you properly log and document it’s use before you’re inspected.

About My Safety Manager:

My Safety Manager is a leading provider of fleet safety and trucking compliance services for fleets of all sizes. Our specialized safety management solutions help deliver results—safe drivers out on the road who are staying compliant with FMCSA regulations.

We work with you to create compliance systems that meet your unique needs, taking what’s typically far too much work off your plate so you have more time to grow your business. For more information about how we may be able to help you with this or similar issues, please reach out to us at www.MySafetyManager.com.