Here is the information to know about the 150-air-mile exemption in the United States for the agricultural sector.
References:
What is the exemption?
If the driver meets the conditions, they are exempt from Hours of Service. They are not required to record their hours.
Conditions to meet:
- Be in a period determined by the state for planting or harvesting.
- Transport recognized agricultural products (including livestock, bees, horses, fish used for feeding, and other products that meet the definitions of "agricultural product" as per section 395.2).
- Be within a 150-mile radius from the source of the goods.
- The exception also applies to the transport of agricultural supplies for agricultural purposes shipped from a wholesale or retail distribution point to the location where the supplies will be used, either from a wholesale distribution point to a retailer.
- Does not apply to the transport of agricultural commodities wholly within a 150-air-mile radius by private carriers.
How does it work?
ELD Exemption
- Drivers transporting agricultural products are not required to use an ELD if the vehicle was manufactured before the year 2000, provided they fill out their paper logs.
- They do not go outside the 150-air-mile radius for more than 8 days within a 30-day period, provided they fill out paper logs when not exempt from Hours of Service.
- Agricultural vehicles used on a farm by the owner, family members, or farm employees.
Driver Exiting the 150-mile Air Radius
- When the driver exits the 150-mile air radius, the Hours of Service regulations apply.
- The driver exiting the 150-mile air radius must log their hours in the ELD as soon as they leave the radius unless the vehicle they are using meets the conditions for ELD exemptions.
- The driver must ensure compliance with the Hours of Service regulations for hours worked outside the 150-mile air radius. However, hours worked within the 150-mile air radius are not counted in the driver's daily or weekly total.
Vehicle Equipped with an ELD
- When operating within a 150-mile air radius, the driver can either identify the heavy vehicle movement as authorized personal use on the ELD or refrain from logging into the ELD.
- If the driver logs into the ELD and identifies the movement as authorized personal use, then the driver must also add a note on the ELD explaining that the movement is exempt under the agricultural exemption. Upon exiting the 150-mile air radius, the driver must then log the hours as work or driving hours as required by regulations.
- If the driver did not log into the ELD while working within the 150-mile air radius, they must log in when they exit the radius and annotate the reason for the miles accumulated in unidentified driving before their ELD login.