Agricultural Exemption Guide

Who This Applies To

• Carriers who transport agricultural commodities and want to understand whether the agricultural HOS exemption applies to their operations.
• Drivers who haul livestock, grain, or other farm products and have heard an agricultural exemption exists but aren't sure of the conditions.
• Carriers operating during peak planting or harvest seasons who want to understand how the seasonal agricultural exemption affects HOS requirements.
• Compliance managers who received an inspection report citing an HOS violation on a trip they believed was covered by an agricultural exemption.

What To Verify

• That the agricultural exemption from HOS rules applies to the transportation of agricultural commodities (including livestock and agricultural supplies) within a 150 air-mile radius of the source of the commodities during planting and harvest periods. The exemption has geographic and seasonal conditions — verify both against the current eCFR Part 395.
• The specific definition of 'agricultural commodity' as used in the exemption. Not all food or farm-related products qualify — the exemption is tied to specific commodity categories defined in applicable statute. Verify the specific product against the regulatory definition.
• Whether state-specific agricultural exemptions apply. Some states have additional or broader agricultural HOS exemptions for intrastate operations. Verify applicable state exemptions with the relevant state motor vehicle or transportation agency.
• That the agricultural exemption does not suspend all safety requirements. Weight limits, vehicle inspection requirements, and other federal and state regulations continue to apply even when the HOS agricultural exemption is in effect.

Step-by-Step Overview

1. Identify the commodity being transported and confirm it falls within the definition of 'agricultural commodity' as used in the HOS exemption under 49 CFR Part 395.
2. Confirm the pickup location is the source of the commodities (farm, ranch, elevator, orchard) and that the delivery point is within 150 air miles of the source.
3. Confirm the operation occurs during the applicable planting or harvest period as defined in the regulation.
4. If all conditions are met, the driver may operate under the agricultural exemption. Document the basis for the exemption in the driver's records.
5. If any condition is not met — the commodity is outside the definition, the distance exceeds 150 air miles, or the season is outside the planting and harvest window — full HOS compliance is required.

Common Mistakes

• Assuming the agricultural exemption applies to any food product. The exemption is tied to specific commodity definitions — processed foods, packaged goods, and other products that derive from agriculture but are not themselves unprocessed agricultural commodities typically do not qualify.
• Not confirming the 150 air-mile distance condition. The 150 air-mile limit applies from the source of the commodities — a driver hauling grain 160 air miles from the farm to a terminal does not qualify for the exemption.
• Using the agricultural exemption outside the planting and harvest season. The exemption has seasonal limits — operating under the exemption year-round without confirming it applies during the specific period can result in an HOS violation.
• Assuming the agricultural exemption means all HOS and safety rules are suspended. Weight limits, vehicle inspection obligations, and drug and alcohol testing requirements all continue to apply — the exemption is specific to the HOS recordkeeping and time-limit requirements.