150 Air-mile Radius Hours of Service Rules Exemption for Feed Companies

Source: American Feed Industry Association

The American Feed Industry Association sent an issue advisory to members in early February summarizing the Federal Motor Carrier Safety Administration (FMCSA) final rule to mandate electronic logging devices (ELDs). The rule, finalized Dec. 10, 2015, requires the adoption and use of ELDs by all drivers currently required to complete paper records of duty status (logs).

The rule's key provision requires fleets and drivers who complete paper logs to adopt and use compliant ELDs by December 2017. During its research on the rule's exemptions, AFIA identified a specific exemption in the  Hours of Service rules that applies to companies delivering livestock feed. AFIA discussed the issue with FMCSA staff, who clarified this exemption applies to AFIA member operations.

In 49 CFR Part 395.1 (Hours of Service of Drivers) sections (k)(2&3) state as follows:

(k) Agricultural operations. The provisions of this part shall not apply during planting and harvesting periods, as determined by each state, to drivers transporting:

(2) Farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used within a 150 air-mile radius from the distribution point; or

(3) Farm supplies for agricultural purposes from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 150 air-mile radius from the wholesale distribution point.

The exemption specifically applies to the feed industry, by defining farm supplies in 49 CFR Part 395.2 as follows:

Farm supplies for agricultural purposes means products directly related to the growing or harvesting of agricultural commodities during the planting and harvesting seasons within each state, as determined by the state, and livestock feed at any time of the year.

This language gives drivers delivering livestock feed both to farms and to retail distribution points within a 150 air-mile radius of the feed plant an exemption from the hours of service requirements of 49 CFR Part 395. Drivers who meet these requirements are exempt from recording drivers' hours of service on a graph grid (log books) and are also exempt from the ELD rule. As a matter of practice, AFIA recommends that companies who choose to use this exemption follow the key FMCSA short-haul exemption requirements as outlined in 49 CFR Part 395.1:

• Start and return to same location within 12 hours of duty time.
• Drive no more than 11 hours.
• Have 10 consecutive hours off between shifts.
• Companies that utilize this exemption should keep accurate records for six months showing:
• Time the driver reports for duty each day.
• Time the driver is released from duty each day.
• Total time for the preceding seven days, including drivers that are used intermittently or for the first time.

Although not required, following the FMCSA short-haul exemption requirements will help ensure that drivers are operating safely with the proper amount of rest and that adequate records are in place in the event of an accident. This will greatly reduce the liability of a trucking operation.

For more information, please contact Gary Huddleston, AFIA manager of feed manufacturing safety and environmental affairs, at (703) 666-8854.