hey guys Im trying to get clarification on the HOS exemptions from those who are in the business here is the scenario
I am a For Hire carrier hauling agriculture loads directly from the farmer's packing house
The loads will be transported to distribution centers owned by 3rd parties within the 150 mile air radius
so am I exempt from the HOS regulations all the time under this scenario or only during planting and harvesting periods, as determined by each State, to drivers transporting?
the guidance the FMCSA provides is a little unclear
https://www.fmcsa.dot.gov/sites/fmc...ervice/elds/81736/agr-exemption-factsheet.pdf
AGRICULTURE HAULING EXEMPTIONS
Discussion in 'Ask An Owner Operator' started by turboguy, Mar 8, 2018.
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Also, I kind of wonder, why produce haulers - the reefers - can't be exempted by that rule as well. Produce is nothing but agricultural commodity. A load of fresh apples seems as a pretty agricultural staff to me. There is time sensitivity factor involved as well. A load of harvested grain and a load of apples should be equal by my logic. I could use a few more paragraphs to compare a load of apples to a load of pigs as almost identical.... but I don't have time now.
Paddlewagon and turboguy Thank this. -
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After reading the regs ... No you are not exempt.
The packing house is considered legally a processing center, not a source of a commodity.
The regs require it to be from the source, not the processing center.
If you hauled the farm commodities from the farm to the packing house, maybe if the state allows it but the regs seem to point to a wholesale, distribution or retail place for delivery from the source of re commodity. -
Blackshack46 Thanks this.
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It depends if "the farmer's packing house" is "the farm" or not.
Yes, the exemption only applies during the state designated "planting and harvesting season". In Washington, that's February 1 to December 31, for example. But not January. In January you'd get way too tired with the exemption.Ruthless, turboguy and Blackshack46 Thank this. -
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I don't think anyone knows for sure to be completely honest. We haul feed for the cattle industry,and were told at an audit just last week by a FEDERAL DOT officer that we could operate under Ag exemption as long as we stay within 150 air miles and when we go past 150 THEN we need to log in and run our ELD's. This is finished feed from a mill. Me thinks I will just do what the bossman thinks is right and pay the piper when we get caught.........
Justrucking2 Thanks this. -
eCFR — Code of Federal Regulations
(k) Agricultural operations. The provisions of this part shall not apply during planting and harvesting periods, as determined by each State, to drivers transporting
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(2) Farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used within a 150 air-mile radius from the distribution point; or
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