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Does the agricultural commodity exception (§ 395.1(k)(1)) apply to drivers while driving unloaded within 150 air-miles of the place where an agricultural commodity will be loaded, and to that portion of an unloaded return trip which occurs within a 150 ai

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Agricultural Commodity guidance

The “Agricultural Commodity” Exception in 49 CFR 395.1(k)(1) to the Hours of Service Regulations

Guidance Q&A

Question 34: Does the agricultural commodity exception (§ 395.1(k)(1)) apply to drivers while driving unloaded within 150 air-miles of the place where an agricultural commodity will be loaded, and to that portion of an unloaded return trip which occurs within a 150 air-mile radius of the place where the agricultural commodity was loaded?

Guidance: Yes, provided that the trip does not involve transporting any non-agricultural cargo and the sole purpose of the trip is to make a pick-up or delivery of agricultural commodities, as defined in § 395.2.  In that case, driving and on-duty time are not limited, nor do other requirements of 49 CFR part 395 apply.

Regulatory Topic: Agricultural Commodity guidance
Effective Date: Thursday, June 7, 2018
Issued Date: Thursday, June 7, 2018