Oilfield trucking runs on a schedule nobody can predict. A rig move might sit idle for six hours waiting on a location, then need a driver on the road within minutes. Regulators recognized this decades ago and built two specific carve-outs into the Hours of Service rules just for oil and gas field operations. Confusing these carve-outs with the standard short-haul exemption, or claiming them incorrectly, is one of the fastest ways an oilfield carrier ends up with an out-of-service order at roadside. This guide breaks down exactly what the oilfield exception covers, who actually qualifies, and how to keep your logs defensible when an inspector asks.
The oilfield exception under 49 CFR 395.1(d) is not one rule but two. The first lets qualifying drivers restart their 60/70-hour clock after just 24 hours off duty instead of the standard 34. The second lets drivers of specially constructed vehicles log true waiting time at a well site as off duty, keeping it out of the 14-hour on-duty window. Neither provision removes the driver's ELD requirement, and a driver using the waiting-time exception cannot also claim the standard short-haul exemption on the same day.
Two Different Exceptions, One Shared Name
People in the industry often talk about "the oilfield exemption" as if it were a single rule, but the regulation actually contains two separate provisions with different eligibility tests. Section 395.1(d)(1) covers drivers used exclusively to transport oilfield equipment, including stringing and picking up pipeline pipe, or to service the field operations of the natural gas and oil industry. Section 395.1(d)(2) covers a narrower group: drivers of specially constructed commercial motor vehicles who require specialized training, and who spend real time waiting at well sites between tasks. Getting these two mixed up is where most compliance mistakes start.
395.1(d)(1) — The 24-Hour Restart
Under the standard Hours of Service rule, a driver needs 34 consecutive hours off duty to reset the 60-hour/7-day or 70-hour/8-day on-duty clock. Drivers who qualify under this oilfield provision can restart that clock with any 24 or more consecutive hours off duty instead, and it does not have to fall on any particular day of the week. There is also no requirement to include two periods between 1 a.m. and 5 a.m. in that off-duty stretch, which the standard 34-hour restart otherwise requires.
395.1(d)(2) — The Waiting Time Provision
Well site work often involves long stretches where a driver is present but not actively working, waiting for a rig to finish a stage or a location to open up. For drivers of specially constructed vehicles, that genuine waiting time can be logged as off duty rather than on duty, and it does not count against the 14-hour driving window. This is not a loophole for logging active work as rest. Only true waiting time qualifies, and it must be annotated in the log to identify it as such.
Who Actually Qualifies
Eligibility hinges on how the vehicle is used and, for the waiting-time provision, how it's built. FMCSA guidance uses a practical test for the (d)(2) waiting-time exception: could this vehicle only be used in oil and gas field operations because of how it's constructed? If the answer is yes, the driver is likely covered. The 24-hour restart in (d)(1) applies more broadly to drivers exclusively hauling oilfield equipment or supporting well site field operations, which regulatory guidance has extended to drivers transporting supplies, water, and equipment to a site, and waste or product away from it.
One detail trips up more fleets than any other: a driver has to be exclusively engaged in qualifying oilfield work for each 7 or 8-day period ending in the restart. If that same driver hauls a load unrelated to oilfield service during that window, standard Hours of Service rules apply to the entire period, and the 24-hour restart isn't available for it.
| Provision | Who It Covers | What Changes | Key Limitation |
|---|---|---|---|
| 395.1(d)(1) Restart | Drivers exclusively transporting oilfield equipment or servicing gas/oil field operations | 60/70-hour clock resets after 24 hours off duty instead of 34 | Must be exclusive oilfield work for the full 7-8 day period |
| 395.1(d)(2) Waiting Time | Drivers of specially constructed vehicles requiring specialized training | Genuine waiting time at a well site logged as off duty, excluded from the 14-hour window | Cannot also use the 100 or 150 air-mile short-haul exemption that day |
| Tank Truck Fleets | General bulk haulers, per FMCSA guidance | Not applicable | FMCSA has restated that typical tank truck operations don't qualify for the oilfield exceptions |
| Short-Haul Exemption | Drivers within a 100 or 150 air-mile radius of the reporting location | Time cards instead of RODS, no ELD requirement for that day | Voided entirely for the day if the radius is exceeded even once |
Manually tracking which driver qualifies for which oilfield provision, on which day, is where most violations start. FleetRabbit's HOS engine applies the correct exception per driver in real time and flags the moment eligibility changes. Sign up free and see your fleet's exception status live.
ELD Requirement Doesn't Disappear
This is the point most likely to catch a fleet off guard: neither oilfield provision is an ELD exemption. Both are Hours of Service exceptions that change how certain time is calculated, not whether a driver needs to log it electronically. A driver claiming the (d)(2) waiting-time provision still uses an ELD and simply annotates the qualifying period as off duty waiting time. Drivers who genuinely qualify for the separate 100 or 150 air-mile short-haul exemption are the ones who can skip RODS and ELDs entirely for that day, and as noted above, that exemption cannot be combined with the (d)(2) waiting-time provision.
Where Fleets Get This Wrong
The most common error is treating "oilfield" as a blanket ELD exemption because the term shows up as an annotation option inside most ELD apps. In practice, the annotation exists to properly categorize waiting time within an active log, not to remove the log requirement. A second frequent error is applying the (d)(1) restart to a driver who spent part of the 7 or 8-day period on non-oilfield freight, which invalidates the restart for that entire period. A third is assuming a standard bulk tank vehicle qualifies for the specially constructed vehicle test in (d)(2) simply because it services well sites.
Documentation That Holds Up At Roadside
Because the driver bears the burden of proof that an exception was applied correctly, documentation matters as much as the exception itself. Carriers should keep records showing the vehicle's construction and use, the driver's duty assignment for each 7 or 8-day period, and clear annotations distinguishing waiting time from working time in every log. When these records aren't organized before an inspection, a legitimate exception can look like a violation simply because it can't be proven on the spot.
Frequently Asked Questions
Key Takeaways
The oilfield exception is really two distinct provisions serving different purposes: one reshapes the weekly restart, the other reshapes how waiting time counts within a duty day. Both require the driver's work to genuinely fit the qualifying criteria, and both leave the underlying ELD requirement in place. Fleets that document vehicle construction, driver assignments, and waiting-time annotations clearly are the ones who sail through roadside checks. Fleets that treat "oilfield" as a shortcut around logging entirely are the ones who end up with an out-of-service order and a fine to match.
If your fleet runs mixed loads, moves between well sites, or has drivers whose duty status shifts week to week, it's worth confirming exactly which provisions apply to which drivers before an inspector asks. You can sign up for FleetRabbit to see exception tracking applied automatically across your fleet, or book a demo to walk through your specific vehicle types and routes with our team.
FleetRabbit tracks the 24-hour restart, waiting time annotations, and short-haul eligibility per driver in real time, so your logs hold up before an officer ever asks. Get set up in minutes with no credit card required.
