Map 21 rule

Discussion in 'Trucking Industry Regulations' started by red_eye, Jan 25, 2018.

  1. red_eye

    red_eye Medium Load Member

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    Can someone explain the map 21 rule...with hauling agriculture...like once I reach 150 air miles ..a log must be kept..but it starts at the time you reach 150 air miles.. I pick up milk in Ohio.. deliver in Florida...pick up produce to deliver back to ohio.. same run week after week... would the map 21 exemption apply?
     
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  3. ZVar

    ZVar Road Train Member

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    ELD Hours of Service (HOS) and Agriculture Exemptions
    Below is a list of Hours of Service and Agricultural Exemptions.
    • 49 CFR 395.1(k) provides exceptions from the HOS rules, during planting and harvesting periods as determined by the State, for the transportation of agricultural commodities (including livestock, bees and other commodities) within a 150-air mile radius from the source of the commodities. The same provision applies to the delivery of supplies and equipment for agricultural use from a wholesale or retail distribution point.
    • 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.
    • Once a driver operates beyond the 150-air mile radius, the HOS regulations apply. Therefore, starting at the time and location where the transporter goes past the 150-air mile radius, the driver must maintain logs using an ELD, unless the driver or the vehicle meets one of the limited ELD exemptions. The driver must work and drive within the limitations of the HOS rules when operating beyond the 150-air mile radius. Time spent working within the 150 air-mile radius does not count toward the driver’s daily and weekly limits.
    • When operating within the 150 air-mile radius the driver should not log into the ELD. Upon exiting that radius, the driver should then log into the ELD, and annotate that any unassigned miles accumulated prior to that point were exempt miles.
    • Drivers transporting agricultural commodities are not required to use an ELD if the vehicle was manufactured before the model year 2000, provided they prepare paper logs, or if they do not operate outside of the 150 air-mile radius for more than 8 days during any 30-day period, provided they prepare paper logs on the days when they are not exempt from the HOS rules.
    • 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.

    What I've read is milk is counted, as is the produce. You will need to see what both Florida and Ohio define as harvest season and it can only be used those months in that direction...
    Other than that, you basically get 150 miles each direction "free"
     
    Last edited: Jan 25, 2018
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  4. red_eye

    red_eye Medium Load Member

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    That's how I'm reading it free 150 miles...everything I pickup in Florida is in season.. Now the milk I will have to look into.. milk don't have a season lol..
     
  5. ZVar

    ZVar Road Train Member

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  6. Blackshack46

    Blackshack46 Road Train Member

    It has to be raw milk to fall under the exemption. Cream, pasteurized, basically any milk thats been processed and is no longer raw is no longer exempt.
     
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  7. 06driver

    06driver Road Train Member

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    Neither is any produce coming out of Florida unless it is your farm. Pretty sure same goes for milk in Ohio.
     
  8. Blackshack46

    Blackshack46 Road Train Member

    The OP is covered under 49 CFR 395.1 (k).

    Farm vehicles is a different section and involves NOT even having an ELD in the vehicle.
     
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  9. Inspector

    Inspector Bobtail Member

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    Map-21 Log exception is from the source of the ag commodity. You do not need to start a log until you reach the 150 air-mile limit. raw milk is considered an ag commodity. The last highway bill also made raw milk a non-divisible load, so they are eligible for overweight permits. Anyone hauling ag commodities can use the 150 log exception from the source of the commodity. Only covered farm vehicles get the rest of the map-21 exceptions.
     
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  10. 06driver

    06driver Road Train Member

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    Only if you are the farmer, a relative, or employee of the farm. Not a contract carrier hired by the farm, or a cooperative driver. When picking up the produce you still have to be the farmer, a relative, or an employee and it has to be few from the field. Not picked up at a terminal (warehouse) or port.

    This is designed to let farmers get their product to market. Not give common carriers an exemption.



    The statutory definition of covered farm vehicles may include vehicles described above that are (1) operated pursuant to a crop share farm lease agreement; (2) owned by a tenant with respect to that agreement; and (3) transporting the landlord’s portion of the crops under that agreement. However, section 32934 is not applicable to the operation of farm vehicles by for-hire motor carriers.
     
  11. ZVar

    ZVar Road Train Member

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    Nope. 395.1(k) does not limit for hire carriers.
    Here is the quote from what I already posted, if you would have read it...Basically if you touch ag product that first 150 miles one can work 24/7 in there. Even as a for hire carrier.

    "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."
     
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