Amendment Makes Agriculture Exemption from Hours of Service Regulation Permanent, NCGA Notes (03-10-05)

The National Corn Growers Association (NCGA) applauded the House of Representatives today for leaving in place the agricultural exemption from federal “hours of service” regulations. The matter was discussed Wednesday during debate on the Highway Reauthorization Bill, H.R. 3.

Rep. Jerry Moran (R-Kan.) and Rep. Collin Peterson (D-Minn.) introduced an amendment making the exemption of the agriculture hours of service statutorily permanent. This amendment prevents the secretary of transportation from rolling back or revoking the existing hours of service exemption approved by Congress in 1995. The amendment also makes a technical correction to the definition of "agricultural commodities" to ensure that livestock, milk, and other farm products are included in the definition.

Making the exemption permanent will benefit farmers by allowing them to operate as necessary during the busy planting and harvesting seasons, according to Lisa Kelley, NCGA director of public policy.

“A farmer’s ability to produce a viable and profitable crop relies on very sensitive input delivery timing,” Kelley said. “There are critical windows of opportunity during the crop production season when weather conditions dictate the timing of seed, nutrients and crop protection applications to allow for maximum crop yields. Drivers making these timely deliveries to the farm or distribution location stay in the area and return to their homes each night and, therefore, should not be confused with long-haul truck drivers.”

Kelley noted that the passage of Moran’s amendment brings the corn growers and agriculture industry one step closer to permanently establishing the hours of service exemption for agriculture, ensuring our nation’s ability to meet the food and fiber demands of domestic and international markets.

The agricultural exemption remains seasonal, applying only during the designated months throughout the year determined by each state.

Farmers and retail farm suppliers hauling agricultural commodities or farm supplies within a 100 air-mile radius of their final distribution point are exempt from Department of Transportation (DOT) rules governing commercial driver hours of service. DOT has the authority to remove the exemption if it undertakes a comprehensive study and rulemaking. In 2000, DOT proposed a rule that revoked the agricultural exemption. But the agency subsequently reinstated the exemption, seeking a narrow interpretation of the definition of “agricultural commodity” to exclude, for example, the transportation of feed and certain livestock.

The agriculture exemption amendment was based on stand-alone legislation (H.R. 572) introduced by Moran and Peterson and co-sponsored by Reps. Marion Berry (D-Ark.), Leonard Boswell (D-Iowa), Jerry Costello (D-Ill.), Timothy Johnson (R-Ill.), Jim Marshall (D-GA), Butch Otter (R-ID), Richard Pombo (R-Calif.), Lee Terry (R-Neb.), Jon Boozman (R-Ark.), Dennis Cardoza (D-Calif.), Virgil Goode (R-Va.), Ray LaHood (R-Ill.), Devin Nunes (R-Calif.), and Michael Simpson (R-Idaho).

The amendment passed the House by a vote of 257-167.