Agricultural guidance

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

Guidance Q&A

Question 35:  Does the agricultural commodity exception (§ 395.1(k)(1)) apply if the destination for the commodity is beyond the 150 air-mile radius from the source?

Guidance: Yes, the exception applies to transportation during the initial 150 air-miles from the source of the commodity, regardless of the distance to the final destination.  Once a driver operates beyond the 150 air-mile radius of the source, 49 CFR part 395 applies.  The driver is then subject to the limits under the hours-of-service rules and must record those hours.  Once the hours-of-service rules begin to apply on a given trip, they continue to apply for the duration of that trip, until the driver crosses back into the area within 150 air-miles of the original source of the commodities.