(a) A motor carrier shall not permit or require a driver of a commercial motor vehicle, regardless of the number of motor carriers using the driver's service, to drive for any period after having been on duty sixty hours in any seven consecutive days if the employing motor carrier does not operate every day in the week, or having been on duty seventy hours in any period of eight consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
(b) This section shall not apply to the following drivers, provided that their total driving time does not exceed thirty hours in any period of seven consecutive days:
(1) Any driver-salesperson.
(2) Any driver delivering home heating fuel from the months of October through April in a commercial motor vehicle of less than 40,000 pounds gross vehicle weight.
(3) Any driver involved with the pick-up or delivery of crude oil products during the time when weight limitations are imposed due to seasonal climatic changes.
(4) Any driver of a commercial motor vehicle engaged in seasonal construction or related activities within a 100 air-mile radius of the normal work reporting location.
(5) Any driver of a commercial motor vehicle which is being used in the delivery of beverages to retail businesses.
(c) The twelve consecutive hours on-duty requirement contained in 49 C.F.R. 395.8(l)(1)(ii) shall not apply to intrastate drivers of commercial motor vehicles described in paragraphs (b)(2), (4) and (5) hereof, who return to the work reporting location and are released from work within fifteen consecutive hours of being on duty.
(Ord. 97-10. Passed 11-5-97.)