Does the agricultural exemption defined in 49 CFR 395.1(k) of the Federal Motor Carrier Safety Regulations apply when a commercial driver operates a commercial motor vehicle (CMV) in Canada?
No. The agricultural exemption guidance issued by the FMCSA only applies to a commercial driver while operating a CMV in the United States. Once a commercial driver crosses into Canada, the Canadian Commercial Vehicle Drivers Hours of Service Regulations will apply. A driver should be aware that if they have U.S. agricultural exemption time recorded in the daily log for the current and previous 14 days, when they cross into Canada, all of that time will be calculated as driving time, which will count towards a commercial driver’s work-shift, work-day and cycle limits. Additionally, none of the time spent operating a CMV under the agriculture exemption in the United States will count towards the off-duty requirements in Canada.