Although prior statutory exemptions involving agriculture are unchanged, some of these exemptions overlap with the MAP-21 provisions. In these cases, regulated entities will be able to choose the exemption, or set of exemptions, under which to operate. They must, however, comply fully with the terms of each exemption they claim. The potentially overlapping provisions are in Parts 383, 391, and 395.

Last Updated : May 8, 2014

A CMV driver may apply for an exemption from any of the standards. Exemptions are granted only in those instances where the driver can show that safety would not be diminished by granting the exemption.
49 CFR 381.300

Last Updated : April 1, 2014

The current hours-of-service (HOS) exception in 49 CFR 395.1(k) covers any motor carrier transporting agricultural commodities or farm supplies to an eligible destination. The MAP-21 revision expands the current 100 air-mile radius to 150 air-miles (172.6 statute miles) and makes transportation from wholesalers to retailers eligible for the exception.

MAP-21 provides a new and broad exemption from many of the Federal Motor Carrier Safety Regulations for operators of “covered farm vehicles” (CFVs). The new definition of a CFV to be found in § 390.5 includes a variety of conditions and limitations involving the size of the vehicle, hauling distance from the farm or ranch, and cargo being transported. Perhaps most important, CFV operators must be farmers or ranchers, their families, and employees. Source: 78 FR 16189, March 14, 2013.

Last Updated : September 7, 2022

For exemptions from Federal standards other than Diabetes or Vision, please refer to the FMCSRs in Section 381.210 and391.310

Last Updated : April 1, 2014

Under 49 United States Code 31315 and 31136(e), the FMCSA may grant an exemption from the FMCSRs if the agency determines it is in the public interest and would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with the safety regulation. Section 381.300 through 381.330 of the FMCSRs describes procedures applicants must follow to apply for exemptions and can be viewed at 49 CFR 381.330. FMCSA currently has exemption programs for vision and insulin-treated diabetes mellitus, and offers a certificate program for drivers with limb impairments. FMCSA also has a special certification program for drivers with missing and/or impaired limbs (49 CFR 391.41(b)(1).

Last Updated : April 1, 2014

The only change is the addition of the MAP-21 definition for “covered farm vehicle” under 49 CFR 390.5. The definitions for “agricultural commodity” and “farm supplies for agricultural purposes” in § 395.2 were not amended by MAP-21. Source: 78 FR 16189, March 14, 2013.

Last Updated : May 8, 2014

As defined in 49 CFR 390.5, a “covered farm vehicle” (CFV):

• Travels in the State in which the vehicle is registered or in another State,
• Is operated by an owner or operator of a farm or ranch, or by a family member or employee of the owner or operator
• Transports agricultural commodities, livestock, machinery or supplies to or from a farm or ranch
• Has a license plate or some other means specified by the State that identifies it as a farm vehicle
• Is not used in for-hire motor carrier operations (but for-hire operations do not include use of a vehicle owned and operated by a tenant farmer to transport the landlord’s portion of the crops under a crop-share agreement)
• [From § 390.39] Is not transporting hazardous materials that require placarding, and either of the following:
  • Has a GVW or GVWR (whichever is greater) of 26,001 or less, in which case the CFV exemptions in § 390.39 apply anywhere in the United States
  • Has a GVW or GVWR (whichever is greater) of more than 26,001 pounds and travels within the State where it is registered or, if traveling out of the State where it is registered, stays within a 150 air miles of the owner or operator’s farm or ranch

Last Updated : May 8, 2014

While the state driver licensing agencies are responsible for issuing licenses to commercial drivers, the FMCSA sets the standards (found in 49 CFR 391.41) for drivers' minimum levels of physical fitness, and determines who can perform the physical exams.

• The FMCSA Medical Programs website is the main source of information on FMCSA physical standards and programs.
• The National Registry of Certified Medical Examiners lists medical professionals who have completed training and successfully passed a test on FMCSA's physical qualification standards, and are certified to perform FMCSA physical exams for commercial drivers.
• The Medical Examiner's Certificate is completed by the person who performed the exam, and certifies that the driver is physically qualified to drive a CMV. If they prefer a medical "card," Drivers can purchase a separate blank medical card from a supplier of motor carrier forms (e.g., State trucking association) before the exam and ask the examiner to complete and sign it, in addition to the Medical Examination Report form, or they can print the Certificate on cardstock.
• Drivers may apply for exemptions to some of the standards, such as loss of a limb, vision or diabetes standards. Information on how to apply for these exemptions is available on the FMCSA Medical Exemptions page.

For assistance with interpretation of FMCSA CDL medical standards, please contact the FMCSA Physical Qualifications Division directly:

• Email: FMCSAMedical@dot.gov
• Phone: 202-366-4001

A CMV driver may apply for an exemption from any of the standards. Exemptions are granted only in those instances where the driver can show that safety would not be diminished by granting the exemption.
49 CFR 381.300

Last Updated : April 1, 2014

The Medical Examiner cannot grant waivers or exemptions. Only the FMCSA grants waivers or exemptions for certain medical conditions if the individual is otherwise qualified to drive. Section 381.205 of the FMCSRs allow the driver to request a waiver if one or more of the FMCSRs prevent the driver from operating a CMV or make it unreasonably difficult to do so, during a unique, non-emergency event that will take no more than three months to complete.

Last Updated : April 1, 2014

Some of these revisions apply to any motor carrier transporting agricultural commodities and farm supplies to and from farms within limited distances. Other provisions also may apply to farmers (and their family, employees, etc.) operating “covered farm vehicles” while transporting agricultural commodities, livestock, machinery or supplies to or from a farm or ranch. There are several important limitations on eligibility and use of this exemption for the operation of a “covered farm vehicle.” Source: 78 FR 16189, March 14, 2013.

Last Updated : May 8, 2014

The “Moving Ahead for Progress in the 21st Century Act” (MAP-21), which was effective October 1, 2012, includes statutory exemptions from the Federal Motor Carrier Safety Regulations (FMCSRs) that apply to agricultural transportation. The final rule revised the FMCSRs to conform to the MAP-21 requirements and required the States to adopt compatible exemptions within three years. Source: 78 FR 16189, March 14, 2013.

Last Updated : March 31, 2014