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Forum: HAULING BULK AGRICULTURAL & ELOGS
Posted Fri, Dec 14 2018 08:49 PM CST
TIM MCGEHEE
ENVIRCO
Star City, AR

Posts: 15
Can anyone give me input if they have ever been hassled hauling agricultural products without elogs with authority for hire( hauling the products of others) ? To elaborate further,are processed bulk products considered agricultural products? I specifically am wondering about products like bone meal and rice bran. Both of these are processed and I was wondering about hauling them without elogs ? I have run across a lot of guys not running elogs trying to haul under the 150 air mile exemption of their base,home,office or whatever it is. Some guys even say they are hauling agricultural products and think they don’t have to have elogs. Any thoughts? REPLY
Posted Sun, Dec 16 2018 10:43 AM CST
DAVE BASCOM
HEARTLAND TRUCKING
Emmett, KS

Posts: 15
try this, I found it helpful

https://www.fmcsa.dot.gov/hours-service/elds/agriculture-exemption-diagrams

Pretty much straight from the horses mouth.
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Posted Mon, Dec 17 2018 07:25 AM CST 1 Like
DALE HERMANS
HERMANS FARM
Milbank, SD

Posts: 162
If it's in an unprocessed state, you are exempt. So, straight froma combine, or grain bin. If the grain is cleaned, or processed, like feed, or fertilizer, then it requires the regular hos rules and e log. Only if within 150 air miles for the excemption. I was told to just run personal conveyance for the excemption, if your log doesn't have that option, and just make a note of it. I tried running without it just doing grain, I lasted about 2 months before I got the log. Too many missed opportunities. REPLY
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Posted Mon, Dec 17 2018 07:25 AM CST 1 Like
TIM SLINGERLAND
GATEWAY CARRIERS LTD
Taber, AB

Posts: 1
If you go on the fmcsa website the have a 31 page detailed list of commodities REPLY
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Posted Mon, Dec 17 2018 01:58 PM CST
MIKE MAGNESS
MJ MAGNESS
NEW BETHLEHEM, PA

Posts: 22
It can be processed if it's for livestock feed. REPLY
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Posted Wed, Dec 19 2018 10:10 AM CST
DAVID HAYES
ROSS BENNETT TRUCKING INC
Galena, KS

Posts: 231
Originally Posted by: DALE HERMANS
Quote: "If it's in an unprocessed state, you are exempt. So, straight froma combine, or grain bin. If the grain is cleaned, or processed, like feed, or fertilizer, then it requires the regular hos rules and e log. Only if within 150 air miles for the excemption. I was told to just run personal conveyance for the excemption, if your log doesn't have that option, and just make a note of it. I tried running without it just doing grain, I lasted about 2 months before I got the log. Too many missed opportunities."

That is incorrect. The second paragraph of the ruling covers feed and what not. The whole ruling leaves a lot to be desired in my opinion as it can be interpreted many different way. In our corner of the sandbox our local DOT guys say that even fertilizer is exempt but I bet you could find another officer that says it's not.
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Posted Wed, Dec 19 2018 10:10 AM CST
DALE HERMANS
HERMANS FARM
Milbank, SD

Posts: 162
Originally Posted by: MIKE MAGNESS
Quote: "It can be processed if it's for livestock feed."

I haven't read the entire exempt list so I'm unsure on what feeds they consider exempt. But I know for sure ddg, and soybean meal and screanings are not exempt
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Posted Wed, Dec 19 2018 10:10 AM CST
DALE HERMANS
HERMANS FARM
Milbank, SD

Posts: 162
Racing pigeons are also not exempt, which I find hilarious that somebody took the time to even add to the list REPLY
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Posted Wed, Dec 19 2018 10:11 AM CST
DAN EISCHENS
EISCHENS TRUCKING
Canby, MN

Posts: 61
Originally Posted by: DALE HERMANS
Quote: "I haven't read the entire exempt list so I'm unsure on what feeds they consider exempt. But I know for sure ddg, and soybean meal and screanings are not exempt"

when i called the the croix scale and talked to the dot person there they said all feed and grain is exempt. fertilizer is not. I asked about midds, soybean meal, pork meat and bone and a few others and she said yes they are exempt. to be honest with you i feel it depends on the officer who stops you.
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Posted Wed, Dec 19 2018 10:11 AM CST
DAN EISCHENS
EISCHENS TRUCKING
Canby, MN

Posts: 61
Originally Posted by: DALE HERMANS
Quote: "Racing pigeons are also not exempt, which I find hilarious that somebody took the time to even add to the list"

if i remember correctly from the list of exempt items whale meat is also not exempt
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Posted Wed, Dec 19 2018 01:06 PM CST
DALE HERMANS
HERMANS FARM
Milbank, SD

Posts: 162
Haha yes I saw the whale meat thing too, between that and the racing pigeons it made my day REPLY
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Posted Thu, Dec 20 2018 07:21 AM CST
DAVID HAYES
ROSS BENNETT TRUCKING INC
Galena, KS

Posts: 231
There is no list for the ag exception products concerning the HOS. The ruling is basically 2 paragraphs. FMCSA is supposedly working on clarifying the ruling with possibly a list. They published a clarification of the first paragraph earlier this year but didn't address the 2nd part of the ruling. The list most people refer to is the list that was published several years ago that was considered exempt for ICC. That list has nothing to do with the HOS and what is considered ag exempt. REPLY
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Posted Thu, Dec 20 2018 07:21 AM CST
DAVID HAYES
ROSS BENNETT TRUCKING INC
Galena, KS

Posts: 231
Below is a list of Hours of Service and Agriculutral Exemptions. 49 CFR § 395.1(k) provides exceptions from the HOS rules, during planting and harvesting periods as determined by the State, for the transportation of agricultural commodities (including livestock, bees, horses, fish used for food, and other commodities that meet the definition of “agricultural commodity” under § 395.2) within a 150 air-mile radius from the source of the commodities. The exception also applies to the transport of farm supplies for agricultural purposes shipped from either a wholesale or retail distribution point to the location the supplies will be used or from a wholesale distribution point to a retailer.The HOS regulations do not apply to the transportation of agricultural commodities operating completely within the 150 air-mile radius by for hire or private carriers. Therefore, work and driving hours are not limited and the driver is also not required to use an Electronic Logging Device (ELD) or keep paper logs. In an operation where a driver uses a vehicle equipped with an ELD, a driver that is exempt can use an “Exempt Driver” account or annotate the time as exempt ag operation.Once a driver operates beyond the 150 air-mile radius, the HOS regulations apply. Therefore, starting at the time and location where the transporter goes past the 150 air-mile radius, the driver must maintain logs using an ELD, unless the driver or the vehicle meets one of the limited ELD exemptions. The driver must work and drive within the limitations of the HOS rules when operating beyond the 150 air-mile radius. Time spent working within the 150 air-mile radius does not count toward the driver’s daily and weekly limits.When operating within the 150 air-mile radius the driver can either identify the movement of the commercial motor vehicle as authorized personal use on the ELD or refrain from logging into the ELD.If the driver logs into the ELD and identifies the movement as authorized personal use then driver must also make an annotation on the ELD explaining that the movement is exempt per the agriculture exemption. Upon exiting the 150-air mile radius the driver must then identify the movement of the vehicle as on duty driving.If the driver does not log into the ELD while operating within the 150 air-mile radius then upon exiting the 150 air-mile radius, the driver must then log into the ELD, identify the movement as on duty driving, and make an annotation on the ELD explaining that the unassigned miles accumulated prior to that point were exempt miles.Drivers transporting agricultural commodities are not required to use an ELD if the vehicle was manufactured before the model year 2000, provided they prepare paper logs, or if they do not operate outside of the 150 air-mile radius for more than 8 days during any 30-day period, provided they prepare paper logs on the days when they are not exempt from the HOS rules.Covered farm vehicles, as defined in 49 CFR § 390.5T, are exempted from the HOS regulations per 49 CFR § 395.1(s). Carriers operating under this exemption are also not required to have an ELD. This only applies to private transportation of agricultural commodities (including livestock, bees, horses, fish used for food, and other commodities that meet the definition of “agricultural commodity” under § 395.2), machinery and supplies, to or from a farm or ranch by the owner or operator of a farm or ranch, or their family members or employees. REPLY
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Posted Thu, Dec 20 2018 07:21 AM CST
DAVID HAYES
ROSS BENNETT TRUCKING INC
Galena, KS

Posts: 231
Congress provided four statutory exemptions to the Federal Motor Carrier Safety HOS Regulations for agricultural operations:

Covered farm vehicles weighing 26,001 pounds or more, operated by a farmer or a farmer’s employee, are exempt from HOS and CDL regulations if the vehicle is operated in the State of registration or within a 150-air mile radius of the farmer’s farm or ranch. Covered farm vehicles weighing 26,000 pounds or less are exempt throughout the country.

During planting and harvesting periods, as determined by each State, drivers who transport agricultural commodities from the source of the agricultural commodities to a location within a 150 air-mile radius (172.6 statute miles) of the source; 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 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 are exempt from HOS regulations.

Additional information is provided in the guidance on the 150 air-mile radius exemption.Drivers who transport commercial bees in interstate commerce are exempt from the 30-minute break required by the HOS regulations if there are bees on board the vehicle.Drivers who transport livestock in interstate commerce are exempt from the 30-minute break required by the HOS regulations if there is livestock on board the vehicle.

In addition, when drivers are relieved from work and all responsibility for performing work, hours driven may be considered as personal conveyance and are not counted against daily and weekly HOS limits. Additional information is provided in the guidance on personal conveyance.
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