Need an interpretation of the new FMCSA guidance....

Ok, so here is the new proposed FMCSA guidance on the 150 air mile exemption while transporting agricultural commodities.

We haul an agricultural commodity from the farm to market, 900 road miles away. We've never worried about anything as far as exemptions, but it might come in handy, in a pinch. The way I read this guidance, HOS do not apply on the initial 150 miles of the trip, and start at ZERO once leaving the "save zone". This seems to conflict with the usual HOS rules that require that you list ALL compensated work. So, which is it? Do we get to load and drive 150 miles without counting on our 11, 14 and 70?

Regulations.gov

V. Regulatory Guidance
FMCSA proposes Regulatory Guidance, Questions 34 and 35 to 49 CFR 395.1 as follows:

Part 395 Hours of Service of Drivers
Section 395.1
Scope of the rules in this part
Question 34: Does the agricultural commodity exception (§ 395.1(k)(1)) apply to drivers while driving unloaded to a source where an agricultural commodity will be loaded, and to an unloaded return trip after delivering an agricultural commodity under the exception?

Guidance: Yes, provided that the trip does not involve transporting other cargo and the sole purpose of the trip is to complete the delivery or pick up of agricultural commodities, as defined in § 395.2. In that case, driving and on-duty time are not limited, nor do other requirements of 49 CFR part 395 apply.

Question 35: Does the agricultural commodity exception (§ 395.1(k)(1)) apply if the destination for the commodity is beyond the 150 air-mile radius from the source?

Guidance: The exception applies to transportation during the initial 150 air-miles from the source of the commodity. Once a driver operates beyond the 150 air-mile radius of the source, part 395 applies. Starting at zero from that point, the driver must then begin recording his or her duty time, and the limits under the 11-hour, 14-hour, and the 60-/70-hour rules apply. Once the hours of service rules begin to apply on a given trip, they continue to apply for the duration of that trip, until the driver crosses back into the area within 150 air-miles of the original source of the commodities and is returning to that source. If the driver is not returning to the original source, the HOS rules continue to apply, even if the driver reenters the 150-mile radius.

 

I agree with that. But, there are lots of other jobs that are HOS exempt, but need to be recorded once the driver becomes subject to HOS. For example if a mechanic is called to drive, he starts the log book when he starts driving, but he has to record his PREVIOUS 7 days of work history on that log. Or a driver flipping burgers at McDonalds on the weekend has to record those flipping (see what I did there?) hours on his log book when starting to drive on Monday.

My question is: is this guidance an "exemption" to the "all compensated work needs to be logged" principle of the HOS regulations. It reads to me like it is, but it makes me uncomfortable.

@Scalemaster ?

 

If this guidance stands, it won't make much difference, EXCEPT we can then do back to backs without a 34 (thank goodness the Canadian reset rules are way more accommodating). It'll make scheduling a LOT easier around holidays so the guys can have a block of time off.

One thing that is clear as mud, though, is the "start at zero" part on the 11/14 and 70. It seems to mean that if you leave the safe zone on Monday, you get a fresh 11/14/70. Come back, leave again on Tuesday. Do you get another "start at zero" 11/14/70? What if you make two trips on Monday? Do you get two fresh 14's?

The wording by the bureaucrat boys sucks as much as the new PC guidance. Someone needs to go take an English composition class.

 

Ridgline, thanks for the alternative interpretation, but I find it hard to agree with:

"Guidance: The exception applies to transportation during the initial 150 air-miles from the source of the commodity."

It clearly applies both outbound and inbound.