CRAMER: FMCSA ANNOUNCES GUIDANCE FOR COMMODITY HAULERS AND PERSONAL CONVEYANCE

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WASHINGTON, D.C. – Congressman Kevin Cramer announced the Federal Motor Carrier Safety Administration (FMCSA) new and updated guidance for the transportation of agricultural commodities and personal conveyance.   

The guidance clarifies: which operations are not subject to hours-of-service regulations with electronic logging devices (ELDs) while operating within the 150-mile radius of the source of the agricultural commodity. It also clarifies what can be considered the source of the agricultural commodity, and under what circumstances a commercial motor vehicle driver may operate a truck or bus for personal conveyance.

“Although I am in favor of providing relief from ELDs, particularly for smaller family operations, the Department of Transportation’s guidance for the transportation of agricultural commodities and personal conveyance could provide much needed clarification for our truckers, farmers, and ranchers, and small businesses,” said Cramer. “I appreciate hearing from the many North Dakotans who have provided feedback regarding the ELD mandate and the hours-of-service requirements, and I encourage folks to reach out to me with questions or input on the new guidance. It’s your input that has gotten the DOT to this point, and we want to continue to keep the pressure on them to better understand how difficult this burden is in rural America.”    

Cramer has supported efforts in Congress to ensure the ELD does not negatively impact livestock haulers. He supported the provision in the March Omnibus Bill which guarantees livestock haulers a reprieve from the ELD mandate through the end of the Fiscal Year 2018. In December, Cramer signed a letter to House Leadership to exempt livestock haulers from the mandate and was an early co-sponsor of H.R. 3282, the ELD Extension Act, to delay the rule by two years.  

In addition, Cramer signed a letter to FMCSA to exempt small trucking businesses with exemplary safety records from the mandate for a period of five years. The application stipulates only motor carriers with a record of no at-fault crashes would be exempted and those with an “unsatisfactory” safety rating from the agency would not be eligible.   

The FMCSA guidance is as follows:   

Agriculture Commodity

• Any transportation of agriculture commodity within 150 miles is exempt from the hours-of-service. This includes:

• Drivers not carrying a load traveling either to pick up an agricultural commodity or returning from a delivery point, including waiting to be loaded and dropping off or picking up a load.
• Drivers engaged in trips beyond 150 air-miles from the source of the agricultural commodities are not subject to the hours of service regulations until they exit the 150 air-mile radius, 
• Haulers transporting horses, whether it be for breeding, rodeo shows, or any other activity
• Moreover, agriculture commodity haulers are exempt from ELD requirements if they do not operate outside 150 mile radius more than 8 days out of every 30.

Personal Conveyance

• The FMCSA defines “personal conveyance” for use of the vehicle while off-duty. This guidance applies to any driver authorized to operate a commercial vehicle for personal, or non-business reasons:
   
• When using personal conveyance to leave a shipper or receiver and travel to a safe location for rest is allowed.
• When commuting to and from work can be considered personal conveyance.
• The use of personal conveyance does not impact on-duty time.

For more resources visit the FMCSA webpage on agricultural exceptions and exemptions to the hours-of-service regulations, and commercial driver’s license requirements and personal conveyance.  

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