Exempt Commodity: Any commodity other than an excluded or agricultural commodity. 0000002197 00000 n 13506(a)(6) provides an exemption from regulation for motor vehicles used in carrying ordinary livestock, fish, and unmanufactured agricultural commodities. trailer << /Size 190 /Info 149 0 R /Root 156 0 R /Prev 110176 /ID[<58dd5d762772dcb25aca33e4ecb1d0af><58dd5d762772dcb25aca33e4ecb1d0af>] >> startxref 0 %%EOF 156 0 obj << /Type /Catalog /Pages 151 0 R /Outlines 115 0 R /OpenAction [ 157 0 R /XYZ null null null ] /PageMode /UseNone >> endobj 188 0 obj << /S 436 /O 508 /Filter /FlateDecode /Length 189 0 R >> stream The agricultural exemption is a special consideration that allows carriers of agricultural commodities to be exempt from keeping Hours of service and using Electronic logging devices (ELDs). 133, which is reproduced below, is a list of those commodities that are non-exempt by statute. CVSA International Roadcheck is coming May 16-18 with a particular focus on ABS and cargo securement. The Federal Motor Carrier Safety Administration (FMCSA) clarified its definition of agricultural commodity as it relates to federal hours-of-service (HOS) exemptions. J. J. Keller is the trusted source for DOT/Transportation, OSHA/Workplace Safety, Human Resources, Construction Safety and Hazmat/Hazardous Materials regulation compliance products and services. Another important note on this point is that the driver is subject to the HOS rules only while outside that trip's 150-air-mile radius, and is once again exempt from the rules and the requirement to log on-duty hours after crossing back into the radius. FMCSA Clarifies Agricultural Commodity & Livestock Definitions - BigRoad commodity meets the Agriculture definition listed below. C, title II, 32916(b)(2), July 6, 2012, 126 Stat. The exempt commodities usually include unprocessed or unmanufactured goods, fruits and vegetables, and other items of little or no value. You can trust our expertise across subjects relating to labor, transportation, environmental, and worker safety. Guidance: Yes, provided that the trip does not involve transporting any non-agricultural cargo and the sole purpose of the trip is to make a pick-up or delivery of agricultural commodities, as defined in 395.2. The location may be any intermediate storage or handling location away from the original source at the farm or field, provided the commodity retains its original form and is not significantly changed by any processing or packing. - Amendment to Section 10526(a)(6) by addition of (E). he added. the farmers agricultural or horticultural commodities and products; or, may not exceed in each fiscal year 25 percent of the total. For more information regarding Agricultural Operations, visit FMCSAs Agricultural Operations webpage. 602 of the Emergency Livestock Feed Assistance Act of 1988. Our deep knowledge of federal and state agencies is built on a strong foundation of 70+ years of regulatory compliance experience. Share sensitive information only on official, secure websites. HOS exemptions for agricultural commodities Federal rules offer an exemption from the HOS requirements for drivers transporting agricultural commodities, from the source of the commodities to a location within 150 air miles of the source, during harvest and planting seasons as defined by each state. 0000001860 00000 n 2021Subsec. It even goes for a return trip after delivering the load. Specifically, drivers transporting agricultural commodities during the state's planting and harvesting season are entirely exempt fromhours-of-servicerules, including the requirement to use anelectronic logging device (ELD), if they stay within a 150-air-mile radius of the source of the commodities. DeLorenzo explained that essentially all of the time a driver hauling an ag commodity spends within the 172.5 land mile radius is exempt from the HOS rules and recording of driver's logs. 821. Motor carriers transporting agricultural commodities need to clearly understand the terms within the definition in order to determine whether they qualify for HOS breaks. Easy and affordable ELD compliance solution, online fleet management tool, and electronic logbook. The driver is then subject to the limits under the hours-of-service rules and must record those hours. Proactive compliance resources to help healthcare employers identify and address the unique hazards and reduce costs associated with workplace injuries and illnesses. (16). The compliance tools you need to keep your jobsites and work zones safe and compliant with OSHA standards. Things that haven't been processed, like dairy products and hay bales, are classified as exempt. It means food commodities in a raw or natural state and not subjected to significant post-harvest changes to enhance shelf life, such as canning, jarring, freezing, or drying. "For-hire" carriers that exclusively haul exempt commodities . J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. Pub. %PDF-1.2 % On November 24, 2020, the Federal Motor Carrier Safety Administration (FMCSA) clarified its definition of agricultural commodity related to federal hours-of-service (HOS) exemptions.
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fmcsa ag exempt commodities list