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HOS Regs for Agricultural Carrier???

Discussion in 'Trucking Industry Regulations' started by Longshot34, Nov 13, 2012.

  1. Nov 13, 2012 #1
    Longshot34

    Longshot34 Light Load Member

    174
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    Jul 3, 2010
    InTheSticks, USA
    0
    I'm hoping a DOT officer or someone that is very well versed in this subject will read and respond! I (or we the drivers) would really like to know what the truth really is when it comes to the HOS regulations for a carrier that claims to be agricultural and therefore exempt from drug testing, HOS, as well as many other FMCSA regulations. We do not use log books because most of the places we load and deliver to are within 100 air miles. I've been with this company a little over six months now, after a failed venture of my own, and HOS regs have been the subject of heated arguement several times now. In fact, they have threatened to fire me because I am very vocal about running us illegally. Let me explain their standing with a few bullets below.

    Company owners / managers / safty dept. say:
    • "We are agricultural, so if we want to run you 18 hrs a day, every day, we can." (and they often do! BTW - that is word for word from the owners mouth)
    • "The 70 rule does not apply to us because we are agricultural. We can keep yall running 7 days a week, 365 days a year" (and...they do!)
    • "Just because you have driven all week does not mean you cannot come in and work around the office if there are no loads" (this work can range from working on heavy equipment to actually operating that heavy equipment)
    • "We are a private company, we are agricultural, therefore we are exempt from all HOS regulations" (private? They haul for county governments and profit on individual farmers. Agricultural? Their sole commodity is fertilizer.

    The way I understand the regs is that since we do not run logs we can only work 12 hrs a day and drive no more than 11. I also believe that just because we haul a commodity that is used in agriculture does not mean that we are agriculture. Also, I have a hard time believing that we are private considering everything is profit driven and the commodity is not owned or produced by our company nor is it delivered to any properties owned by our company.

    I've tried to explain this company, their practices, and their beliefs the best that I can but I'm sure I have left something out or that some of you may have further question. Please feel free to ask...I really want to get to the bottom of what the regs really say/mean before I end up with a violation that reflects negatively on my perfect CSA Basic score! BTW - we are located in MD...I doubt that matters but just in case...

    Thanks in advance!
     
    Longshot34, Nov 13, 2012
    Longshot34, Nov 13, 2012
    #1
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  3. Nov 13, 2012 #2
    gokiddogo

    gokiddogo Road Train Member

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    Mar 5, 2012
    Ontario Canada
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    Private just means your boss owns the equipment and he decides how the company is run. Public would be something where anyone can buy into the company, such as any company listed in the stock market.

    How about trying this ... If your boss wants the trucks to run 24 hours a day, 365 days a year, does it not make sense to have one driver work it 12 hours, then another work it the other 12? Where do people get off thinking they can force someone to work 18 hours a day? This is exactly why HOS were put in place in the first place. In the end, YOU will be the one behind the wheel when, it sounds like it is inevitable, you will have an accident of some sort. YOU will be the one left to deal with all the BS. You need to TELL your boss what you are going to do or tell him to drive his own truck. You can believe there are people lining up to work 18 hours a day illegally but when the day comes the crap hits the fan they might as well be lined up at a firing range.
     
    gokiddogo, Nov 13, 2012
    gokiddogo, Nov 13, 2012
    #2
  4. Nov 13, 2012 #3
    kwloo

    kwloo Medium Load Member

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    246
    Nov 3, 2011
    eh?
    0
    Sounds like they were working this way before you arrived and will be working this way after you leave. Life is too short to try changing a company. Move on and work where you are comfortable with the work climate.
     
    kwloo, Nov 13, 2012
    kwloo, Nov 13, 2012
    #3
  5. Nov 13, 2012 #4
    Numb

    Numb Crusty Curmudgeon

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    Jan 30, 2012
    Charlotte, N.Carolina
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    if there is a scale house somewhere around you, go in and ask. really. I've done it many times. my favorite one was a company that liked bald tires. stopped at scale house asked to have my truck DOT'ed. told them why. got a write up for bad tires. had new ones on Monday am. this was before the new laws though and all the points stuff.

    But the point is ask the people that will be enforcing it what the rules are.
     
    Numb, Nov 13, 2012
    Numb, Nov 13, 2012
    #4
  7. Nov 13, 2012 #5
    gokiddogo

    gokiddogo Road Train Member

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    I'll second that. The people that work the scalehouse are not all a-holes like lots of drivers make them out to be. As long as you are open with them and doing your best to be legit, it should go well.
     
    gokiddogo, Nov 13, 2012
    gokiddogo, Nov 13, 2012
    #5
  8. Nov 13, 2012 #6
    Shaggy76

    Shaggy76 Heavy Load Member

    831
    304
    Feb 22, 2012
    Orlando, FL
    0
    No, your company is not considered agricultural. You have to haul your own production your own farm to get the exemption. It's right on the FMCSA website.
     
    Shaggy76, Nov 13, 2012
    Shaggy76, Nov 13, 2012
    #6
  9. Nov 13, 2012 #7
    aiwiron

    aiwiron Road Train Member

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    Sunny Tampa Florida
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    aiwiron, Nov 13, 2012
    aiwiron, Nov 13, 2012
    #7
    Longshot34 Thanks this.
  10. Nov 13, 2012 #8
    buzzarddriver

    buzzarddriver Road Train Member

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    Feb 1, 2011
    Dallas, TX
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    buzzarddriver, Nov 13, 2012
    buzzarddriver, Nov 13, 2012
    #8
    Longshot34 Thanks this.
  11. Nov 13, 2012 #9
    gokiddogo

    gokiddogo Road Train Member

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    Ontario Canada
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    If you don't want to be the bad guy around your company just tell your boss that you aren't going to do it. If you file a complaint and the other guys that are happy working every waking minute then they may be angry with you, not sure if this means anything or not to you but I try to not "stir the pot" so they say. Just tell your boss this is what it is, and if you don't like it then you can find employment elsewhere. Either way you go about it, the end result will most likely be the same for you - finding another job.
     
    gokiddogo, Nov 13, 2012
    gokiddogo, Nov 13, 2012
    #9
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