What is the agricultural commodity HOS exception under 49 CFR 395.1(k)?

Short answer

The agricultural commodity HOS exception under 49 CFR 395.1(k) exempts drivers transporting agricultural commodities from certain hours-of-service requirements during planting and harvesting seasons.

The rule says

A driver is exempt from the requirements of 395.3(a)(2) and 395.8 during planting and harvesting seasons, as determined by the State in which the driver is operating, if the driver is transporting agricultural commodities, including livestock, from the source of the commodities to a location within 150 air miles of the source — 49 CFR 395.1(k).

In plain English

This exception allows drivers to transport agricultural commodities without adhering to the usual hours-of-service rules, such as the 14-hour on-duty limit and the 30-minute rest break, during peak farming seasons. The exception applies to drivers operating within a 150-air-mile radius of the commodity source, which is typically a farm or agricultural facility. This exemption helps ensure that agricultural products can be transported efficiently and safely during critical periods.

What to do

• Determine if the transportation operation qualifies for the agricultural commodity HOS exception.
• Verify the State's designated planting and harvesting seasons.
• Ensure drivers understand the exception and its requirements.
• Maintain records to document eligibility for the exception, such as cargo records and driver logs.