DOT Agricultural Exemptions

In this video, we discuss the many agricultural exemptions contained within the federal (and many state) motor carrier safety regulations.
Trucksafe Consulting, LLC is a full-service transportation safety consulting firm, offering one-on-one consulting services as well as industry-leading training resources and compliance forms. Brandon Wiseman and Jerad Childress, Trucksafe's owners, are transportation attorneys who have worked with the nation's largest and most sophisticated motor carriers on USDOT safety regulations. They focus their efforts on helping carriers develop and foster state-of-the-art safety programs. For help managing your DOT policies and procedures, mock DOT audits, safety rating upgrades, DataQs appeals, and much more, contact us through our website: www.trucksafe.com
#trucksafe #DOT #FMCSA #agricultural #exemptions

[@armyjeep4]

My former employer told me not to worry about your weight we're AG exempt.. yeah,until i got pulled over by DOT

[@askarnia1]

Been in the compliance business for almost a year and I love the industry, and I'm glad I can learn more from your page to help clients

[@Avant-GardeFarm]

Super helpful video. Thank you. DOT personnel could fill their quota for a year in months or less by looking into the horse transportation industry. 90%+ of adds on FB horse hauling/horse transport pages, for local hauls to long distance, are not licensed and do not have USDOT/MC or state registration. They advertise completely openly as for hire. They also claim to have commercial insurance-in most cases this is farm insurance and has nothing to do with commercial, for hire, transport. Clients do not know any better. It is so frustrating as USDOT does not seem to care and us that do everything to stay legal, can not compete with low milage fees, drivers running 24h+ straight without penalties and managing to convince clients that they are legal. Some claim they have USDOT #s but are not required to have decals on their trucks. The list goes on…..

[@AaronLewis-oj4nb]

I drive for a grain elevator. Another exception, is when hauling grain of a farm you’re actually aloud to haul up to 88k gross weight. Because obviously most farms do not own a truck scale

[@user-wi3ri1lg1g]

Thanks for beautiful guide. I have quick question. Let's say driver starts his shift beyond 150 air mile radius and it takes him 1 hour to reach to that radius, Now he puts Personal/Off Duty and marks it as AG Exemption. Now let's say he spends 7 hours working within that radius (which includes On-Duty(loading/ unloading)/ Driving etc.) Query1 : Once the driver now exits that radius again, Will the above 7 hours be subtracted from SHIFT Rule (14 hour Window) Query2: When Driver does Loading/ unloading within those 150 Air mile radius, does he require to mark it On-Duty Not Driving (Loading / Unloading)?

[@MichaelBrown-lm3vd]

Send this young guy to Washington

[@serezhka021]

what for?

[@hutchh.6933]

I understand the CMV exemptions from the HOS, CDL, Medical Requirements, Drug testing etc.... but are you required to obtain a DOT number or obtain a DOT inspection? Any specific insurance requirements? I have a 1 ton farm truck with GVW of 13000# and gooseneck trailer with 18000# GVW that I haul my farm equipment on. This CGVWR of #31000 is well in excess of the normal CDL/CMV guidelines. I understand this exemption relieves me of the HOS, CDL, Medical, Drug requirements. I am just not clear if I need to register for an actual DOT #, if there are any inspections etc that I am supposed to have. I am in Oklahoma and they follow federal guidelines here for the most part. I do know that in order to get my truck tagged as a farm truck I had to show either my Schedule F tax form or farm tax exemption certificate.

[@jamaicaigot9335]

Loved this video! are you on audea? most of my audio is consumed there and would appreciate the audio version of your content on that platform.

[@Trucksafe]

Not familiar with it. I’ll look into it. Thanks!

[@drew20833]

I just got a job hauling potato's with a dry van semi. Going from Centre, CO to Topeka, KS. 650ish miles one way. Says I can do 2 trips in a week with roughly 3 days off. Says the 7-3 split and the agricultural exemption will both come in to play. Does this sound accurate?

[@scottcowell9645]

Excellent video young man!

[@adih2367]

I have watched numerous videos and read articles about the AG exemption. I even emailed local motor trucking association about it. However I still don’t have a clear answer on this. Are refrigerated OTR trucks allowed to use at exemption while hauling produce. Example: if I’m going empty to the Rio Grande Valley and have 3 pick ups which are all within 150 mile radius, does the exemption apply to me. Once loaded and heading out of the area, after reaching the 150 mile circle one would resume the regular hos.

[@Trucksafe]

As long as the produce is just refrigerated and not frozen or processed, it should qualify for the exemption within 150 miles of their source. If you look at the definitions of “agricultural commodity” and “non-processed foods” as those terms are used in the HOS exemption (49 CFR 395.1), you’ll see that frozen and processed produce does not qualify under the exemption. Also, the exemption only applies during the planting and harvesting season as determined by the state in which the operation occurs.

[@adih2367]

@@Trucksafe thanks for that answer. Unfortunately most of the produce hauled is harvested in Mexico not in TX. Mexican trucks bring it across the border to coolers in TX to chill. Then it’s loaded into American trucks for distribution in the US. So it’s still an unclear grey area to me.

[@Trucksafe]

Take a look at FMCSA’s guidance on what constitutes a commodity’s “source” at this link: www.fmcsa.dot.gov/hours-service/elds/agricultural-commodity

[@jamessmallwood8488]

30 mins on duty...black remark stating ag exemp status..go in to personal off duty status...after 150 air miles ..30 mins on duty..black remark ...go in to regular log...cont driving on what hrs you had b4 going into ag exemp..finish out day . 150 air miles is bout 170.2 regular miles..ag exempt on refer is any raw vegs..not processed ..can only be raw..yes I drive refer n es I use ag exemption when comp says I can ..

[@leonorlopez3217]

@@adih2367 We need to read the definitions as well. When the product comes from Mexico is no longer exempt, because product has been washed, packed in boxes to facilitate transport and the product is placed in temporary freezers waiting for a driver (US) to transport it to destination

[@chaseelkins1677]

Ok I currently work for a farmer that needs product moved, I have a cdl but with a auto restriction. Do I qualify as exempt and do I need any kid of paperwork proving farm exempt?

[@chaseelkins1677]

His truck is a manual.

[@user-pu5ek3gu1i]

Can my driver's that are hauling cows work more then 70 hours in a week in New York State?

[@abwall28]

I'm just starting out hauling agriculture products. I previously was an OTR driver with an apportioned plate and the FMCSA told me I couldn't apply for INTRASTATE and that I had to get my own authority since I had the apportioned plate. My question is would those exemption rules apply to me hauling agriculture products with my authority papers showing INTERSTATE AUTHORITY FOR HIRE?

[@Trucksafe]

Not sure I understand the question. But if you qualify for the operating authority ag exemption, you would be considered “exempt for-hire” by the FMCSA.

[@abwall28]

@@Trucksafe That's what I thought too but they told me I couldn't do INTRASTATE at all or exempt because of my apportioned plate.

[@Trucksafe]

If you’re not going to cross state lines at least once a year, you’ll have to give up your apportioned plate. This is a separate issue from your operating authority. You can qualify for the agricultural operating authority exemption regardless of what plate type you have. Some of the other ag exemptions (like the HOS one), however, only apply if you have state farm plates.

[@mattmatt245]

Would it be ok to have ag operations exemption logged in on "both sides" of your 10 hour break ? So, you're using the exemption to get to the shipper once you're driving and on duty time is over (up to 150 miles), take your 10 hour break there, then pick up your produce load and use the exemption again to drive 150 miles away from the shipper. Once you pass 150 mark you'll have fresh 11/14 on your clock.

[@Trucksafe]

As long as you meet the ag exemption and are within 150 miles of the source of the commodity, yes.

[@mattmatt245]

@@Trucksafe So, all that I 'll be required to log in is the sleeper berth. Everything else will be exempt ?

[@Trucksafe]

Within the 150 air miles, you’re completely exempt from all HOS rules, including logging your time. That said, if you have an ELD installed, it will be capturing your drive time, so you’d want to annotate it somehow to indicate that you are ag exempt.

[@mattmatt245]

@@Trucksafe I know, but I'd like to do my 10 hours while I'm waiting for appointment at the shipper, otherwise I'd have to do it as soon as I'll drive 150 miles away from where I was loaded.

[@Trucksafe]

None of the time within the 150 miles counts, so why would you need a break as soon as you exit the radius?

[@veterantrucker2298]

So this means that I can haul hay bails and corn stalk bails as agriculture exempt as otr driver within 150 air miles of the source correct as of current today's fmcsa standards

[@JAleksandr]

Yup-5 months of the year 100% of everything I haul I run ag exempt and the rest of the year the first 150 miles from the farms I load at is ag exempt. I use an app called Radius Maps and have all the farms I load at loaded into it so I know where the 150 mark is and when to go back off ag exempt to finish the run. You will have to convert the 150 miles to meters for the app though.

[@robertlee7606]

I have friends that do it all the time.