MAP-21, the Moving Ahead for Progress in the 21st Century Act (P.L. 112-141), was signed into law by President Obama on July 6, 2012 and became effective October 1, 2012. MAP-21 is the first long-term highway authorization enacted since 2005, and included several amendments affecting the transportation of agricultural commodities and farm supplies. Click here to view a Frequently Asked Questions document.
Currently, Section 32101 (d), provides relief from the Federal hours-of-service rules during the planting and harvesting seasons, as determined by the States in which the carriers are operating.
This exemption covers:
(A) Drivers transporting agricultural commodities from the source of the agricultural commodities to a location within a 150 air-mile radius from the source;
(B) 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 a 150 air-mile radius from the distribution point; or
(C) 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.
While the amendments are very helpful to the agribusiness industry, some clarification was necessary. The Ohio AgriBusiness Association – working through national partners The Fertilizer Institute and the National Grain and Feed Association – was able to get clarification of the transportation of grain under the Agricultural Hours of Service Exemption. Click here to view a copy of the official response NGFA received about the clarification.
Grain could qualify under the exemption in two ways: (1) as an agricultural commodity from the farm to the elevator; or, (2) as a farm supply if it is further moved for processing as feed. It is important to remember that the purpose of the transportation must be in furtherance to agriculture. Non-agricultural moves are not authorized under the agricultural hours of service exemption.