Trucking news and briefs for Friday, Nov. 20, 2020:
FMCSA redefines ag, livestock for HOS regs
The U.S. Department of Transportation will soon publish an interim final rule that clarifies agricultural commodity and livestock definitions in federal hours of service regulations to make enforcement of the regs more consistent. Specifically, the rule clarifies the definition of the terms “any agricultural commodity,” “livestock,” and “non-processed food,” as the terms are used in the definition of “agricultural commodity” for HOS regs.
For the definition of “livestock,” the Federal Motor Carrier Safety Administration is keeping the current definition, but also expanding it to include insects and “all other living animals,” including aquatic animals. The definition of “agricultural commodity” is being clarified to include horticultural products at risk of dying or degrading during transport.
“Our nation’s farmers and agriculture haulers will benefit from this clarification of the rules and will be able to deliver their products in a safer and more efficient manner,” said Federal Motor Carrier Safety Administration Deputy Administrator Wiley Deck. “These improved rules will help farmers move commodities and get food to our grocery stores. We have heard the concerns from our famers and ag haulers and we’ve worked closely with USDA and the industry to provide regulatory clarity and craft this new rule.”
Under current FMCSA regulations, drivers transporting agricultural commodities from their source to a location within 150 air miles of the source, during harvest and planting seasons as defined by each state, are exempt for hours of service regs. Additionally, livestock haulers are exempt from the 30-minute break provision while livestock are being hauled.
The existing definition of “agricultural commodity” that was adopted by Congress and used until now by FMCSA included “any agricultural commodity, non-processed food, feed, fiber or livestock.”
Under the interim final rule to be published in the coming days, “any agricultural commodity” will be defined as “horticultural products at risk of perishing, or degrading in quality, during transport by commercial motor vehicle, including plants, sod, flowers, shrubs, ornamentals, seedlings, live trees and Christmas trees.”
