E-1. What is a "duty tour" as the term is used in Part § 395.1(o)?
The 16-hour exemption in § 395.1(o) is designed for one-day "duty tours." The duty tour is the interval between the time a driver comes on-duty and is released from duty on a daily basis. This period begins and ends at the driver's normal work reporting location and may only be used following 10 or more consecutive hours off-duty, 10 or more consecutive hours in the sleeper berth, or a combination of 10 or more consecutive hours off-duty and sleeper berth time.
E-2. If a driver is "on duty, not driving" during the 15th and 16th hour of his duty tour and does not drive after that, has he used the 16-hour exception in § 395.1(o)?
No. Example: If a driver was on duty 16 hours on Wednesday, but didn't drive after being on duty 14 hours, could the driver use the 16 hour extension on Friday and be allowed to drive after the 14th hour as long as all other conditions and regulations
(11-, 16-, and 60/70- hour rules) were met?
In this scenario, the driver may choose to use the 16-hour extension on Friday as long as the driver meets all of the requirements for the 16-hour exception outlined in Part § 395.1(o) and also remains in compliance with Part § 395.3(a)(1) and Part § 395.3(b). Although the 16 hours on-duty on Wednesday will count toward the driver's 60/70 calculations, the driver has not utilized the 16-hour exception unless the driver has actually driven after the 14 th hour.