FMCSA: ELD waiver for agriculture commodities, HOS clarification

From ATA Agricultural & Food Transporters Conference.

Recently, FMCSA released details on the 90 day waiver from the ELD mandate for not only Livestock, but all agriculture commodities as defined by DOT. This waiver will be published soon, but waives the ELD requirement through March 18, 2018. The request was submitted by the National Pork Producers Council on behalf of many other ag groups.

In addition to the waiver, FMCSA also plans to publish clarifying guidance to the current HOS ag exemption. Over the exemption’s 20+ years we have continued to clarify several grey areas, and that clarification effort continues today. FMCSA guidance would clarify two issues:

• drivers operating unladen/empty vehicles traveling either to pick up an agricultural commodity, as defined in 49 CFR 395.2, or returning from a delivery point;
• drivers engaged in trips beyond 150 air-miles from the source of the agricultural commodity.

The guidance that has been drafted for these two issues is as follows:

Question 34: Does the agricultural commodity exception (395.1(k)(1)) apply to drivers while driving unloaded to the source where an agricultural commodity will be loaded, and to the unloaded return trip after delivering an agricultural commodity under the exception?

Guidance: Yes, provided that 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 part 395.2. In that case, driving and on-duty time are not limited, nor do other requirements of part 395 apply.

Question 35: Does the agricultural commodity exception 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 rule apply. Once the hours of service rules begin to apply on a given trip, they continue to apply for the duration of the 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.

In addition to the guidance, FMCSA is also asking for input on what should be included as the “source” of the commodity. They are looking to include the grain elevator (which would include elevator to elevator movements) and sale barns/livestock marketing locations. Once issued, the comment period will be open for 30 days. AFTC will be submitting comments and would welcome any input, or if you would like to provide comments directly then please follow the attached link.