Ag hauler HOS Exemption Clarification Goes into Effect

Ah hauler | CNS compliance

FMCSA’s rule went into effect on Wednesday, Dec. 9, 2020, clarifying ag hauler definitions in the hours-of-service regulations.

Drivers transporting agricultural commodities within 150 air miles of the source–during harvest and planting seasons–are exempt from the hours-of-service requirements, which in-turn exempts them from ELD requirements.

In addition, drivers transporting livestock in interstate commerce while the livestock are on the commercial motor vehicle are not required to have a 30-minute rest break.

The updated rule clarifies three definitions:

  • “any agricultural commodity”
  • “livestock”, and
  • “non-processed food”

For more details, please see the latest Exempt Commodities List.

Any Agricultural Commodity

The “any agricultural commodity” definition includes horticultural products at risk of perishing or degrading in quality during transport. This would include plants, sod, flowers, shrubs, ornamentals, seedlings, live trees, and Christmas trees.

Livestock

The “livestock” definition includes insects and all other living animals cultivated, grown, or raised for commercial purposes, including aquatic animals.

Non-Processed Foods

The “non-processed foods” definition includes fresh fruits, vegetables, cereal and oilseed crops that have been minimally processed by cleaning, cooling, trimming, cutting, chopping, shucking, bagging, or packaging to facilitate transport by commercial motor vehicle.


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