USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Electronic Logging Devices and Hours of Service Supporting Documents: Frequently Asked Questions.

Document
FMCSA-HOS-AG-395.1-AG EXEMPTION DIAGRAMS.VSB_.docx (1.06 MB)

ELD guidance

Electronic Logging Devices and Hours of Service Supporting Documents: Frequently Asked Questions.

Guidance

Agriculture Exemption Diagrams

The diagrams in this document illustrate, but do not modify, the guidance provided in the Federal Register Notice “Hours of Service of Drivers of Commercial Motor Vehicles; Regulatory Guidance Concerning the Transportation of Agricultural Commodities,” 83 Fed. Reg. 26374 (June 7, 2018).

NOTE:  These diagrams address the transportation of any type of “agricultural commodity,” as defined in 49 CFR § 395.2.  However, Congress has prohibited FMCSA or its State partners from using Federal funds to enforce the requirement that commercial motor vehicle operators use electronic logging devices (ELDs) to track their hours of service (HOS) while transporting either livestock, as defined under 7 U.S.C. § 1471, or insects, through September 30, 2019.  

En Route Empty to Source

Title: 395.1(k) En route empty to source - Description: This agricultural guidance diagram shows a scenario where a vehicle is en route empty to source. The letter A, which features a picture of a truck, represents the start of trip. A green arrow points right toward the letter B, a blue dashed circle that represents the 150 air-mile radius boundary from the source. This green arrow represents hours that count toward HOS. A red arrow points right toward the letter C, which features a picture of a group of cows and represents the location of the source of the commodity. Letter C and the cows are in the center of the blue dashed circle represented by letter B. The red arrow from B to C represents all time within the 150 air mile radius and is considered off duty. Another red arrow points right from letter C, the cows, toward letter D, which features a picture of an animal enclosure. This picture and letter D represent the destination of the commodity. Text at the top of the image features three statements. First, A to B is empty to within 150 miles of source. Second, B to C is empty to source within radius of source. Third, C to D is loaded source to destination within 150 miles.

The letter “A” represents the start of trip.

The letter “B” represents the 150 air-mile radius boundary from the source.

The letter “C” represents the location of the source of the commodity.

The letter “D” represents the destination of the commodity.

In the “En Route Empty to Source” scenario, 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 of agricultural commodities, the hours-of-service (HOS) rules do not apply while driving unloaded within 150 air miles of the place where an agricultural commodity will be loaded.  Nor would the HOS rules apply during that portion of an unloaded return trip which occurs within a 150 air-mile radius of the place where the agricultural commodity was loaded. The driver is subject to the HOS rules while driving outside the 150 air-mile radius from the source.

Agricultural Commodities to Market

Title: 395.1(k) Agricultural Commodities to Market - Description: This agricultural guidance diagram shows a scenario where a vehicle is transporting agricultural commodities to market. The letter A, which features a picture of a group of cows, represents the source of the commodity. It is in the center of a blue dashed circle, letter B, which represents the 150-air mile radius boundary. A red arrow with the picture of a truck points from letter A to letter B. This red arrow shows all time within the 150 air mile radius that is considered off duty. A green arrow points right from letter B to letter C. Letter C features a picture of an animal enclosure, and represents the destination of the commodity, which is outside the 150 mile radius. The green arrow pointing from letter B to letter C shows hours that count toward HOS. Text at the bottom left of the image features two statements. First, A to B is loaded within 150 miles of source. Second, B to C is loaded to destination outside of the 150 mile radius.

The letter “A” represents the source of the commodity.

The letter “B” represents the 150-air mile radius boundary.

The letter “C” represents the destination of the commodity.

In the “Agricultural Commodities to Market” scenario, the hours-of-service (HOS) rules do not apply to transportation within the initial 150 air miles from the source of the commodity. However, once the destination of the commodity is beyond the 150 air-mile boundary, the driver is subject to the HOS rules and must record those hours in compliance with the HOS rules.

Return Empty from Delivery

Title: 395.1(k) Agricultural Commodities; Return Empty from Delivery - Description: This agricultural guidance diagram shows a scenario where a vehicle is returning empty from a delivery. The letter A, which features a picture of a group of cows, represents the source of the commodity. It is in the center of a blue dashed circle, which represents the 150-air mile radius boundary. A red arrow points from letter A to letter B, which is on the edge of the blue dashed boundary. This red arrow shows all time within the 150 air mile radius that is considered off duty. A green arrow points from letter B to letter C. Letter C features a picture of an animal enclosure, and represents the destination of the commodity, which is outside the 150 mile radius. The green arrow pointing from letter B to letter C shows hours that count toward HOS. A green and white arrow points from letter C back to letter D, which also represents the 150 air mile radius boundary and falls on the blue dashed circle. This arrow has the word “Empty” above it. A red and white arrow points from letter D to letter E, which is illustrated by a picture of a red barn. Letter E represents the source of the commodity. Text at the bottom of the image features four statements. First, A to B is loaded en route to destination, exempt inside radius. Second, B to C is loaded en route to destination, HOS applies outside radius. Third, C to D is empty returning to zone, HOS applies outside radius. And fourth, D to E is empty returning to zone within original radius of source, exempt.

The letter “A” represents the source of the commodity.

The letter “B” represents the 150 air mile radius boundary.

The letter “C” represents the destination of the commodity.

The letter “D” represents the 150 air mile radius boundary.

The letter “E” represents the source of the commodity.

In the “Agricultural Commodities Return Empty from Delivery” scenario, when returning empty, the hours-of-service (HOS) rules apply while the driver operates beyond the 150 air-mile radius of the source, until the driver is within 150 air miles of the original source. The HOS rules do not apply when the driver crosses back into the area within 150 air miles of the original source of the commodities.

Starting a New Trip Without Returning to Original Source

Title: 395.1(k) Agricultural Commodities; Starting a New Trip Without Returning to Original Source - Description: This agricultural guidance diagram shows a scenario where a vehicle is starting a new trip without returning to the original source. The letter A, which is on the left of the diagram, represents the location of the source of the commodity. It is in the center of a blue dashed circle, which represents the 150-air mile radius boundary. A red arrow points from letter A to letter B, which is on the edge of the first blue dashed boundary. A green arrow points up from letter B to letter C, which is at the top middle of the diagram and shows an image of a grain elevator. Letter C represents the destination of the commodity, and the beginning of a new trip. A green and white arrow points down from letter C to letter D, which falls on the edge of a second blue dashed circle on the right side of the diagram. Letter D represents the boundary of location of the new source of the commodity. A red and white arrow points from letter D, at the edge of the second 150-air mile radius boundary, to letter E, which represents the location of the new source of the commodity. Text at the top right of the image features four statements. First, A to B is grain to elevator, inside the exempt radius. Second, B to C is grain to elevator, HOS rules outside radius. Third, C to D is a new trip en route empty to pick up load, and HOS applies outside radius. Fourth, D to E exempt while inside radius en route to pick-up point. A text box in the middle of the diagram states, “Starting a New Trip without Returning to the Original Source.”

The letter “A” represents the location of the source of the commodity.

The letter “B” represents the 150 air-mile radius boundary.

The letter “C” represents the destination of the commodity, and the beginning of a new trip.

The letter “D” represents the boundary of location of the new source of the commodity.

The letter “E” represents the location of the new source of the commodity.

In the “Agricultural Commodities; Starting a New Trip Without Returning to the Original Source” scenario, a commodity is picked up at point A and delivered to the elevator at point C.  A new trip starts unladen toward a new source of a commodity at point E.   The hours-of-service rules do not apply on segments A to B or D to E, since they are within the 150 air-mile radius of each source.   

Agricultural Commodities to Market (Multiple Sources)

Title: 395.1(k) Agricultural Commodities to Market (Multiple Sources) - Description: This agricultural guidance diagram shows a scenario where a driver makes multiple pick-ups of agricultural commodities within the 150 air-mile radius. Three letters, A, B, and C represent sources of commodities and are all represented by pictures of groups of cows. All three are located within a blue dashed circle, which represents the 150-air mile radius boundary. A red box at the bottom right of the diagram notes that the first pick-up, depicted by letter A, locks in the radius. A red box at the bottom left of the diagram notes that all time within the 150 air mile radius is off duty. Blue arrows indicate travel from letters A to B to C to the edge of the blue dashed circle, with the image of a truck to further depict travel. A green arrow points from the edge of the blue dashed circle to letter D at the top right of the diagram, which represents the destination for the entire load and is illustrated with a picture of an animal enclosure. A green box pointing to the green arrow notes that hours count toward HOS.

The letter “A” represents the first location of the source of the commodity.

The letter “B” represents the second location of the source of the commodity.

The letter “C” represents the third location of the source of the commodity.

The letter “D” represents the destination for the entire load.

In the “Agricultural Commodities to Market (Multiple Sources)” scenario, the first place where the commodity was loaded is the measuring point for the 150 air-mile radius. Transportation within 150 air miles from location “A” is not subject to the hours-of-service (HOS) rules. Therefore, the HOS rules do not apply when a driver makes multiple pick-ups of agricultural commodities within the 150 air-mile radius from location “A,” such as location “B” and location “C.” The HOS rules apply to transportation beyond 150 air miles from location “A.”

Regulatory Topic: ELD Guidance
Effective Date: Thursday, June 7, 2018
Issued Date: Thursday, June 7, 2018