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Compliance: What is the new HOS Exempt exemption?

Updated 

Answer

With the 2002 release, Geotab is proud to release a new Exemption that allows fleets the flexibility to meet the FMCSA requirement for HOS Exempt drivers such as Agriculture and Emergency Waivers.This exemption is called the "HOS Exempt exemption and we would like to explain more about what it is and how to use it.

What is this Exemption?

This is a new exemption unique to Getoab that allows fleets that are operating under an FMCSA directed hours of service exemption and are directed to use Personal Conveyance when under the exemption. Exemptions such as this are the Agriculture Exemption, Utility Exemption and certain Emergency Waivers.

What is it for?

The FMCSA has provided guidance in certain scenarios that using Personal Conveyance within an ELD is a valid duty status to use while under that scenario. Under the Agriculture Exemption or the recent Covid-9 Emergency waiver are two examples of these scenarios. This new Geotab Exemption is designed to use the Personal Conveyance duty status, without using the ELD specific personal conveyance restrictions (such as clearing after an ignition event).This exemption could be used for any scenario where the FMCSA official guidance is to use Personal Conveyance while the driver is exempt from Hours of Service.

How does it work?

When enabled by the driver, this Exemption will place the driver in a Personal Conveyance duty status, and will remain in this status until either the driver manually turns OFF the exemption, or logs out of the system (at which time the system will prompt to choose a new status such as OFF duty). While under this exemption, certain Geotab features will also not apply, such as placing the driver ON duty during a DVIR, or applicable PC distance limits (neither user-based or system based).In effect, the driver is placed in the Personal Conveyance duty status, regardless of any other inputs or features, until they turn it off.

What is the difference between this exemption and using Personal Conveyance?

Because the driver is operating under an exemption to the Hours of Service rules, they are also in effect, exempt from the ELD rules as well. Therefore, this exemption does not use all of the technical requirements of normal Personal Conveyance. Under the ELD rules, use of personal conveyance must be manually extended after each ignition cycle. If a driver does not extend the use of the exemption, the driver is no longer under the Personal Conveyance exemption and further driving will result in normal driving time. Geotab also offers a feature for normal Personal Conveyance that limits the distance a driver is allowed to drive in Personal Conveyance which does not apply to the Exempt HOS exemption.

As noted above, the features of this new exemption allows a driver to enable it once, and not have the burden of the ELD Personal Conveyance rules.Note: This exemption carries a different annotation than normal PC use. The Exemption will carry the custom name of the exemption (Compliance: How to use HOS Exempt exemption?) for the driver and carrier views, but will show as PC for enforcement views.

This is to ensure that the carrier and driver can discern this exemption and "normal PC". A DOT officer will be able to identify that this PC log was done specifically as HOS exempt, and not normal Personal Conveyance via the annotation that will appear on the PC log in their view (Using PC while using Exempt HOS, Name, Annotation).

Additional Notes

References: FMCSA Guidance on Agriculture ExemptionFMCSA Guidance on COVID-19 Emergency Waiver

Related Article: <a href="https://community.geotab.com/s/article/How-to-use" style="margin: 0px;padding: 0px;font-size: 14px;vertical-align: baseline;background: rgb(255, 255, 255);cursor: pointer;text-decoration: none;color: rgb(31, 115, 183);font-family: system-ui, -apple-system, BlinkMacSystemFont, " segoe="" ui",="" roboto,="" oxygen-sans,="" ubuntu,="" cantarell,="" "helvetica="" neue",="" arial,="" sans-serif;font-style:="" normal;font-variant-ligatures:="" normal;font-variant-caps:="" normal;font-weight:="" 400;letter-spacing:="" normal;orphans:="" 2;text-align:="" start;text-indent:="" 0px;text-transform:="" none;white-space:="" normal;widows:="" 2;word-spacing:="" 0px;-webkit-text-stroke-width:="" 0px;"="" target="_blank">How to use "HOS Exempt exemption?