MAP-21 Federal Motor Carrier Safety Regulations Agricultural Exemptions

Section 32101 (d), provides relief from the Federal hours-of-service (Part 395 HOS) regulations during the planting and harvesting seasons, as determined by the States in which the carriers are operating. This exemption covers:

1. Drivers transporting agricultural commodities from the course of the agricultural commodities to a location within a 150 air-mile radius from the source;
2.  Drivers transporting farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used within 150 air-mile radius from the distribution point; or
3.  Drivers transporting farm supplies for agricultural purposes from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 150 air-mile radius from the wholesale distribution point.

Section 32934 provides a statutory exemption from most of the FMCSRs when farm and/or ranch operators, their employees, and certain other specified individuals under specific circumstances operate a “covered farm vehicle”. The operation of “covered farm vehicles” is exempt from:

• 49 CFR Part 383: Commercial Driver License Standards, Requirements and Penalties
• 49 CFR Part 382: Controlled Substance and Alcohol Use and Testing
• 49 CFR Part 391, Subpart E: Physical Qualifications and Examinations
• 49 CFR Part 395: Hours of Service
• 49 CFR Part 396: Inspection, Repair and Maintenance

The term “covered farm vehicle” is a CMV as defined in 49 CFR 390.5, but excludes vehicles transporting hazardous materials in a quantity requiring placards, traveling in the State in which the vehicle is registered or another State, and:

1. Can be a straight truck or articulated vehicle –
   1. Registered in a State with a license plate or other designation issued by the State of registration that allows law enforcement officials to identify it as a farm vehicle;
   2. Operated by the owner or operator of a farm or ranch, or an employee or family member of an owner or operator of a farm or ranch;
   3. Used to transport agricultural commodities, livestock, machinery or supplies to or from a farm or ranch; and
   4. Not used in for-hire motor carrier operations, however, for-hire motor carrier operations do not include the operation of a vehicle meeting the requirements of paragraph (i) through (iii) of this definition by a tenant pursuant to a crop share farm lease agreement to transport the landlord’s portion of the crops under that agreement
2. Meeting the requirements of paragraphs (1)(i) through (iv) of this definition:
   1. With a gross vehicle weight or gross vehicle weight rating, whichever is greater, of 26,001 pounds or less may utilize the exemptions in 49 CFR 390.39 anywhere in the United States; or
   2. With a gross vehicle weight or gross vehicle weight rating, whichever is greater, of more than 26,001 pounds may utilize the exemptions in 49 CFR 390.39 anywhere in the State of registration or across State lines within 150 air-miles of the farm or ranch with respect to which the vehicle is being operated.