Since this is an important question, I did E-Mail the FMCSA for clarification. For Canada, do you have a source or contact E-Mail?
Are there ANY ELD's that have a "HOS EXEMPT" duty status option?
Discussion in 'ELD Forum | Questions, Answers and Reviews' started by Accidental Trucker, Jan 7, 2018.
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There is the Transport Canada main contact page. However, a better choice would probably be the Canadian Council of Motor Transport Administrators (CCMTA).
I would also suggest contacting the transportation authority(ies) for any province(s) the carrier would be travelling to/through.
The way things operate here is a bit different than in the U.S. Although there is a federal regulator (Transport Canada), the real authority lies with each province.Accidental Trucker Thanks this. -
For clarification on what we do, we typically run 900 miles (one way) into Canada, just about weekly, so we are over the 8 day maximum, forcing the use of ELD. We have been doing cross border trips since 2006, and are well aware of the Canadian HOS rules (including the 24 hr off rule, mileage recording requirements, 36 hr reset rules, cycle 1, etc).
We have never taken the agricultural exemption (150 mile exemption) exactly because of the concerns expressed by @not4hire (thank you).
The primary reason I would like to have the option available to use the exemption is that it would allow us to run a back to back delivery without going over the 70. We would still be legal under Canadian HOS rules during the second delivery, while counting the 150 mile hours. With the exemption on the US side in place, we would be able to return home without crossing 70 hrs and thus keep the driver from having to reset on the road. -
One thing to keep in mind is a limit of it can only be used during planting and harvest season as defined by the state you are in. Just bringing that up as you will likely need to look up when it can be used also.
Rounded_nut and Accidental Trucker Thank this. -
Very good point. Fortunately, in Idaho, the harvest and planting seasons are 12 months per year......ZVar Thanks this.
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How can milk haulers use this exemption???
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Milk haulers are probably not helped by the exemption, since the truck has to be driven by the owner, family member or an employee of the farmer (I.e. "controlled by the farmer and not operated as a CMV for hire").
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No sir. Milk haulers are falling under the exemption. They do not even log in until they reach the 150 air miles radius. Once they reach the radius, they stop, log in, go on to the dairy, deliver and then on the way back, when they reach the point where they "logged in", they stop, log out and proceed home. The hours within the 150 air miles radius are not counted one way or the other. If you would like, I can paste the link for the "exemption". Sounds crazy, I know, but rest assured it is legal.Rounded_nut and Accidental Trucker Thank this.
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https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Administrative_Ruling_119.pdf
https://www.fmcsa.dot.gov/hours-service/elds/eld-hours-service-hos-and-agriculture-exemptions
The HOS regulations do not apply to the transportation of agricultural commodities operating completely within the 150-air mile radius by for hire or private carriers. Therefore, work and driving hours are not limited and the driver is also not required to use an Electronic Logging Device (ELD). In an operation where drivers share vehicle(s) equipped with ELDs, a driver that is always exempt can use an “Exempt Driver” account.
Covered farm vehicles, as defined in 49 CFR 390.5, are exempted from the HOS regulations per 49 CFR 395.1(s). Carriers operating under this exemption are also not required to have an ELD. This only applies to private transportation of agricultural commodities, including livestock by the owner or operator of a farm or ranch, or family members or employees.Accidental Trucker Thanks this. -
They log in from the origin, but run under the Exempt Status... The logs will show Exempt.... once they hit the 150 radius, then they take themselves out of the exempt status and run regular logging..
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