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Senate panel advances bill to align short‑haul hours with federal rule

2107575 · January 9, 2025
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Summary

The Senate Transportation Committee gave a due‑pass recommendation on Senate Bill 2075 as amended, which changes North Dakota's intrastate short‑haul exemption from a 12‑hour duty day to 14 hours to match federal guidance and neighboring states; the amendment also adds an emergency clause.

The Senate Transportation Committee voted to give Senate Bill 2075 a due‑pass recommendation as amended, aligning North Dakota's intrastate short‑haul hours of service with federal guidance by extending the allowed short‑haul duty day from 12 to 14 hours.

Lieutenant Luke Hendrickson, motor carrier operations commander for the North Dakota Highway Patrol, told the committee the bill would bring state law into line with federal guidance under 49 CFR 350.305 and with neighboring states that permit a 14‑hour short‑haul duty day. "This bill would increase the allowed hours for an interstate CMV driver in a short haul operation from 12 hours to 14 hours in a shift without being required to complete a log book," Hendrickson said.

Hendrickson said the Federal Motor Carrier Safety Administration revised its guidance in 2020 to permit a 14‑hour duty day and to set a 150‑air‑mile radius for short‑haul exemptions. He told the committee North Dakota's intrastate rule remained at 12 hours, which creates a mismatch for carriers that operate across state lines.

Industry representatives supported the change. Scott Meske of the North Dakota Motor Carriers Association said the association "is glad to see this bill come forward" and welcomed alignment with neighboring states and federal practice. Russ Hanson of the Associated General Contractors (who testified earlier on a separate bill) had described the industry as relying on the DOT website and electronic processes for planning and bidding.

Committee members discussed enforcement and operational details. Hendrickson said short‑haul drivers would continue to record duty status at their home base—"basically, a time card"—and that enforcement would rely on inspections, traffic stops, post‑event audits or company records. He also noted electronic logging devices (ELDs) are increasingly used in the industry though short‑haul exemptions typically rely on terminal check‑in/check‑out records.

Hendrickson described penalties for hours‑of‑service violations as ranging from roughly $50 to $500 depending on the violation and severity and said severe violations can result in being placed out of service until a driver can reset required off‑duty time.

On the floor of the committee, Senator Klein moved an amendment that reorders subsections for chronological clarity, changes the intrastate short‑haul off‑duty reset language to 14 hours where the bill previously referenced 12, and adds an emergency clause to make the change effective upon the governor's signature. Senator Hogan seconded the amendment. The committee approved the amendment by roll call and then gave the bill a due‑pass recommendation as amended. The clerk recorded Aye votes from Chairman Clemens, Vice Chair Corey, Senators Hogan, Romo, Klein and Paulson.

Committee members said the change is intended to reduce regulatory confusion for carriers that operate interstate and intrastate and to give intrastate drivers the same operational hours carriers have under federal short‑haul rules. Senator Klein asked the committee to add an emergency clause and to move the amendment forward; the committee approved the request.

Senator Paulson agreed to carry the bill on the Senate floor.