AG exemption on HOS when hauling agricultural products?

Under the Map21 exemption, yes, you can run around "on PC" past your 8, your 11, your 14 and your 70, as long as you are hauling qualifying agricultural products and farm supplies within 150 air miles of the farm or distributor DURING THE STATE DECLARED PLANTING AND HARVEST SEASONS.

 

if you stay in the 150 mile circle you can run 24 hours a day

 

We stay within 150 miles.

We can't run 24 hours.

We haul AG.

Doesn't the rules apply to emergency loads only?

 

That’s not how it’s worded. It says you have to take 10 hours off once you return to your home terminal. I’ve been hauling feed ingredients both ways and I can’t even tell you the last time I’ve had any on duty time. Most days I make a full round and get to sleep in my own bed at home for a few hours.

 

Ok so the standard Ag. Exemption (not covid related) that has been on the books for years is pretty simple... This is going to be a little long, but ANYONE who plans to use Ag. Exempt should take the time to read it through.

If you are hauling an agricultural product or NON PROCESSED produce load then it qualifies as Ag. Exempt, with a few caveats. The chief caveat is that it MUST be during the declared harvest season for the states in which you will be using the exemption... As an example, ID and WY both have legally declared thier harvest seasons to be year round. Alot of other states have declared specific dates between which the harvest season is active... I'm not familiar with any other states Ag. Exempt harvest seasons as I dont use it anywhere beside ID and WY.

Now how this exemption works... ANY time spent inside the 150 mile radius circle centered on the FIRST loading point of Ag. Exempt products is to be logged as OFF DUTY or PC and notated Ag. Exempt §395.1 (k). This includes time traveling to the loading point (provided one is not laden with other NON Ag. Exempt products). It also includes ANY time that would normally be considered ON DUTY such as fueling, Pre & Post-Trip inspections, and even DOT inspections... But I can tell you from experience that it is wise to flag such duties in your logs and notate them as Ag. Exempt §395.1 (k). As soon as you leave the 150 mile radius (or cross into a state during a time that is NOT declared as harvest season in that state) you are no longer Ag. Exempt and must start to log your time as normal.

Another caveat is that if you are headed toward PLANNED maintenance or anything else not directly related to the Ag. Exempt load, within the 150 mile radius, this travel DOES NOT qualify as Ag. Exempt and must be logged as normal.

Here is an example of a legal Ag. Exempt day from start to finish...

Load is NON PROCESSED potatoes (any form of WHOLE, UNCOOKED potatoes in either boxes, bags, or bulk) loaded in Hamer, ID... Final destination is in OH. I started my day near Aberdeen, ID with a fresh 70 hour clock and an empty trailer. This location is INSIDE the 150 mile radius centered on Hamer, ID. I flag my logs in OFF DUTY for my Pre-Trip and notate Ag. Exempt §395.1 (k). After pre-trip I go to PC and notate again Ag. Exempt §395.1 (k) and travel to Idahofalls, ID (also inside radius), where I flag my log for Drop & Hook/Fuel Stop/Scaling and again notate Ag. Exempt §395.1 (k) but remain in PC. In Idahofalls, ID I drop the empty trailer and hook the preloaded trailer (loaded by another driver and dropped at my companies yard) containing Ag. Exempt produce, scale, fuel, and rescale. I then travel into WY via US26 to a small restarea on US26 east of Crowheart, WY (this location is just barely inside the radius, and thus is the end of the Ag. Exempt portion of the trip). I then cancel PC in my logs and go OFF DUTY long enough to use the restroom, and take a nap if I feel I need to... But this is not required.

When I'm ready to get back on the road I begin logging my time as normal, with fresh 8, 11, and 14 hour clocks... I stop for a 30 min break in Bridgeport, NE then continue on to Grand Island, NE (This of course assumes I am not delayed by weather, traffic or something else.) If all goes well, I stop in Grand Island, NE with about 10 mins left on my 11.

Total travel distance is approximately 925 miles and takes about 16 hours + any time to D&H, fuel, scale, restroom, nap, break, ECT. Counting all those things this leg of the trip usually takes me about 20 hours.

One thing to keep in mind, the ill or fatigued rules still apply... If I begin to get too tired to safely drive I stop at least to take a nap, and more often than not I will stop for a 10 hr break somewhere between Bridgeport, NE and Grand Island, NE.

I have been using the Ag. Exempt rules for several years, during which time I have had my logs inspected by DOT many times and NEVER gotten a log book violation. However, I personally know the Ag. Exempt rules very well and can explain them, aswell as locate them in the green book, when an officer questions the legality of my logs. On 2 occassions I have had to explain AND show the rules to DOT officers.

As to the question of just using it when ever you want... Like if your clocks run out??? Well I can tell you that at my company, the ability to use PC has been taken away from some drivers for using it when it was not legal to do so. This came about after MANY failed DOT inspections by our drivers who were abusing the Ag. Exempt rules. In EVERY case where a driver had logged either PC or Ag. Exempt when it was not legal to do so it resulted in a "Falsification of Logs" violation and they were immediately put OOS for 10 hours by the DOT. I know of at least one driver that lost his job for doing this.

As far as the Covid Relief exemption, it is my understanding that it is only legal to use while laden with, or travelling empty toward, a load that qualifies as as Covid Relief. But again, the ill or fatigued rules still apply.

 

No. There’s 34 pages of what is and isn’t ag exempt. I’m not sure where you’re driving out of, but many states have their harvest season as 365 days. So if you truly stay within the 150 and are hauling an ag product every load then you don’t even need a log book.

 

This is true... I ran for many years hauling strictly Ag. Exempt products inside the 150 miles radius and never ran a log book of any kind.

 

Same I did it for about a year and a half no log book but my company did have us fill out a mile sheet with the states we drove in and mile between each stop

 

You still have hos. Logs are required over 12 hours. We're out and back every night.

 

Nope. If you’re ag exempt no logs are required. And there are no hours of service in the 150 mile radius of the origin of the load.