Question on HOS exemptions?

I haul whey in a smooth bore tanker, used to feed cattle. Our deliveries are in NM and TX. Two of our customers are 150 mile away. Someone is telling me we are exempt from the HOS since we haul livestock feed.

I did some research and found the “Motor Carrier Safety Act of 2005.” This federal law says if you haul livestock feed and don’t exceed the 100 air mile radius you are exempt from the HOS. The following states have adopted this law; Connecticut, Illinois, Iowa, Maine, Minnesota, Missouri, Nebraska, New York, Oregon, Rhode Island, South Dakota and Wisconsin.

I say we have to log our hours since some of our loads exceed the 100 mile radius. If you logged one of the longer loads then you would have to log the past 7 days to be legal. We also have to log HOS since New Mexico and Texas have not adopted this law.
I stated that I will log my hours legally until I see something in writing that say’s otherwise.
Am I missing something here?

 

Thanks for the info. I guess I will have to find out what the NM and TX state laws say about it.

 

I finally had time to do some more research and came to the conclusion that I have to log my HOS. Which is good since I am not interested in working longer than 14 hours a day. We run on a log book instead of time sheets because we need more than the 12 hours allowed for local drivers and because we exceed the 100 air-mile radius.

Under the federal law we are exempt from HOS rules because livestock was specifically included in the term agricultural commodities. Below is a reference from the TX state law which states the opposite and specifically states that livestock feed is not included in the exemption. It also states that the exemption does not apply to a “for hire carrier”.


TX State Law

Applicability - FMCSR 395.1
(a) Agricultural operations (FMCSR 395.1(k))
(1) The provisions of 395.3 regarding the 11, 12 (Intrastate), 14, 15 (Intrastate), 60, or 70 hour rules shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes in a State if such transportation:
(A) Is limited to an area within a 100 air mile radius (INTERSTATE) or 150 air mile radius (INTRASTATE) from the source of the commodities or the distribution point for the farm supplies, and
(B) Is conducted during the planting and harvesting seasons within such State, as determined by the State. Texas has designated January 1 through December 31 of each year as planting and harvesting season.
(b) Federal Interpretations (FMCSR 395.1)
(1) The agriculture exception in 395.1(k) for “drivers transporting agricultural commodities or farm supplies for agricultural purposes” provides in part that the hours of service regulations “shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes...” The terms “agricultural commodities or farm supplies for agricultural purposes” were not defined, but the context clarifies their meaning. Because the statute made the exception available only “during the planting and harvesting seasons” in each State, Congress obviously intended to restrict it to agriculture in the traditional (and etymological) sense, i.e., the cultivation of fields. “Agricultural commodities” therefore means products grown on and harvested from the land, and “farm supplies for agricultural purposes” means products directly related to the growing or harvesting of agricultural commodities. In addition, drivers transporting livestock or slaughtered animals, or the grain, corn, hay, etc., used to feed animals, may not. use the “agricultural operations” exception. (FMCSR 395.1 Interpretation #31)