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United States Department of Transportation United States Department of Transportation

Proposed Regulatory Guidance Concerning the Transportation of Agricultural Commodities

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Summary: FMCSA announces regulatory guidance to clarify the applicability of the "Agricultural commodity" exception in the 49 CRF 395.1(k)(1) to the "Hours of Service of Drivers" regulations, and requests public comments. This proposed regulatory guidance would clarify the exception with regard to: (1) drivers operating unladen vehicles traveling either to pick up an agricultural commodity, as defined in 49 CFR 395.2, or returning from a delivery point; and (2) drivers engaged in trips beyond 150 air-miles from the source of the agricultural commodity. In addition, the Agency seeks public comment on (1) whether grain elevators and/or livestock sale barns should be considered a "source" of agricultural commodities under section 395.1(k)(1); and (2) how the exception should apply when agricultural commodities are loaded at multiple sources during a trip. This regulatory guidance is being proposed to ensure consistent understanding and application of the exception by motor carriers and State officials enforcing hours of service rules identical or compatible with FMCSA's requirements. 

Last updated: Thursday, December 14, 2017