Short-Haul Exemption (150-mile Radius) Interpretation Clarification

A need for clarification of the 395.1(e) Short Haul Operations interpretation guidance for Question 13. There is inconsistent enforcement as some Inspectors are asking Short Haul Operations Drivers questions about who is keeping their record of duty status during the Driver interview step. If the Driver answers I don't know or says nobody (one employee Carrier) some Inspectors will then compel the Driver to produce an ELD or a timesheet. Other Inspectors report the possible violation in Texas to the Texas Department Motor Carrier via a complaint form for Texas based Carriers. Question 13 : What documentation must a driver claiming the 150-air-mile radius exemption (§395.1(e)) have in his/her possession? Guidance: None

There is inconsistent enforcement for short haul operations. Some Inspectors are requiring certain Drivers (Owner Operators/Salesmen/Small Carriers) to provide a record of duty status if the Driver cannot answer how his record of duty status is kept or answers no one records the Driver's record of duty status as the Driver may be the only employee of the Carrier. Other Inspectors follow the answer of the interpretation to the letter and after establishing the Driver is involved in a short haul operation move on from the hours of service step of the inspection without noting a violation.

After determining the Commercial Vehicle & Driver is involved in a short haul operation should a Inspector record a record of duty status violation if the Driver cannot answer yes to the Inspector's record of duty status question of whether the hours are recorded at the work reporting location as required to meet the exemption. Also would this violation be Record of Duty Status Not Current, No ELD, Record of Duty Status Not Retained-Previous 7 Days? The "None" answer while concise should include guidance on whether the Driver/Carrier loses the short haul exemption if Driver cannot answer yes to the question of whether the Carrier is meeting the requirements of FMCSR 395.1 definition of a short haul operation.