Must read!!!! Stopped by FL DOT yesterday....

I'm not sure how this is kosher, unless the farmers themselves are selling (as opposed to a co-op or a brokerage situation). If the farmer is transporting his grain to the elevator of his broker, he is not involved in the ultimate destination and thus should not be under interstate regulations. What is done in the future with freight you transport should not affect the first-mile transporter.

For example, I haul bone meal and beef tallow for a local slaughterhouse to a feed mill about 90 miles away. My product originates and ends in-state, and my load's start and end points are in-state. Further use of the product by the recipient is miles out of my control, and thus should not influence which set of HOS regulations I am to comply with.

 

MY FINAL ANSWER

After further review, and gaining knowledge and I believe understanding of the Florida law that allows driving after the 14th hour on duty, and by the OP's intimating that he was driving beyond his 14th hour on duty, I find the OP guilty as the Florida DOT Officer accused.

The reason is that the freight indeed determines which law applies to it. It matters not that the driver remains in the confines of the State's boundaries in this case at hand.

--------------------------

Here is the Florida Law which I believe the OP was relying on:

[TABLE="width: 600"]
[TR]
[TD][TABLE="width: 600"]
[TR]
[TD]Title XXIII
MOTOR VEHICLES[/TD]
[TD]Chapter 316
STATE UNIFORM TRAFFIC CONTROL

[/TD]
[TD]View Entire Chapter[/TD]
[/TR]
[/TABLE]
[/TD]
[/TR]
[TR]
[TD][SIZE=-1]316.302 Commercial motor vehicles; safety regulations; transporters and shippers of hazardous materials; enforcement.—


[/SIZE]
[/TD]
[/TR]
[/TABLE]
(2)(b) Except as provided in 49 C.F.R. s. 395.1, a person who operates a commercial motor vehicle solely in intrastate commerce not transporting any hazardous material in amounts that require placarding pursuant to 49 C.F.R. part 172 may not drive:

1. More than 12 hours following 10 consecutive hours off duty; or
2. For any period after the end of the 16th hour after coming on duty following 10 consecutive hours off duty.


-----------------------------------

I have also indicated that the container which comes or goes overseas is deemed INTERstate per my citations earlier in this thread. Bottom line, the container is INTERstate, the Federal HOS rules de facto attach to it and apply to the motor carrier and its driver.

-----------------

I hear the OP--he makes a great case common sense argument; that he never leaves the State of Florida. As one who has taken a few law classes, I offer this solace:

Do not necessarily confuse justice and/or common sense with the Law.

 

Well technically if you are A long hauler and even if ur doing something local you HAVE to use the log book. I got put out of service for it.. I was pissed but couldn'T do a thing about it.

 

Cars traveling salesman use are under 10,001 lbs. are exempt from FMCSR as are most pickups not pulling trailers . I've seen a higher proportion of 1 tons pulling trailers inspected than I have any other weight class CMV .
That is why many expediters run cargo vans . The only time they are regulated by FMCSR is when they carry placarded hazmat .

 

Totally aware of ALL of that. And don't agree with it.

I have a cousin who drives for work. He will work on job sites, drive from Minneapolis MN to Madison WI to Milwaukee back to Mpls in one shot. Tell me that is NOT fatigued driving. I can only believe there are others.

How about all the salesmen yacking on their phones held up to their head, writing at the same time as well.

The FMCSA has already released a finding that over 70% of fatal accidents with trucks are caused by CARS not trucks. Why not address those issues.

 

Correct . If the farmer sold directly to a foreign buyer it would be interstate . If he sells to an exporter with a local elevator it's not interstate .

 

Just another reason i'm glad i retired,sure glad no tickets ,just don't let it get to you keep doing it right & it will work for you.

 

Question: When does a farmer perform an intrastate or interstate movement?
Guidance: A farmer performs an intrastate movement if the product he or she is transporting never leaves the state of Iowa until it is processed as a final product.

The U.S. DOT has determined that a farmer performs interstate movement if the product he or she is transporting will continue in interstate commerce.#For example, a farmer's movement of grain from farm to elevator, where it is known (or assumed to be known) that the grain will continue in interstate commerce, constitutes the first leg of an interstate movement. How or when the farmer is paid for his or her product, or when he or she has any connection with the shipment after he or she drops it off at an elevator, is irrelevant in the court's eyes for purposes of defining movement of commodities in interstate commerce.