Fischer Welcomes Announcement of New Guidance on Hours of Service Rules for Livestock and Ag Haulers

Press Release

Today, the Federal Motor Carrier Safety Administration (FMCSA) released clarifying guidance on hours of service exemptions for haulers of agricultural commodities, including livestock, and personal conveyance. U.S. Senator Deb Fischer, chairman of the Senate Surface Transportation Committee and a member of the Senate Agriculture Committee, released the following statement:

"It is clear the hours of service regulations for truck drivers are inflexible and fail to consider many of the unique operations occurring everyday across the country. This is especially true for livestock haulers, who transport a live and perishable product. Issuing this clarifying guidance is a step in the right direction to provide flexibility in the hours of service rules. I look forward to continuing to work with U.S. Transportation Secretary Elaine Chao and FMCSA Administrator Ray Martinez to explore all avenues, including possible legislation, to provide flexibility for livestock and ag commodity haulers," said Senator Fischer.

The FMCSA's guidance on ag commodity haulers' hours of service clarifies the 150-air mile radius exemption from hours of service for ag commodity haulers. According to the guidance, time within the 150-air mile radius driving to, loading, or driving away from a source will be exempted from hours of service. Only after a driver has exited the 150-air mile radius will the driver's hours of service time begin. However, if a driver reenters the 150-air mile radius from the source of the load, his or her time will again begin exempted from hours of service. The guidance clarifies the definition of a source to mean any place an ag commodity is loaded.

FMCSA also updated its guidance on personal conveyance, which is when a driver utilizes his or her commercial motor vehicle for personal use during off-duty time. This guidance clarifies that a driver can use a commercial motor vehicle for personal use, such as driving to a place to rest, regardless of whether the vehicle is loaded or not, as long as the driver has been released from work.

Senator Fischer has been working closely with the Administration for the past year to provide flexibility for ag and livestock haulers. She raised this issue with Secretary of Transportation Elaine Chao during the secretary's visit to Nebraska in August 2017. She followed up with letters to Secretary Chao and the FMCSA in September and November. Earlier this year, she met with both the Administrator and Deputy Administrator of the FMCSA on multiple occasions to highlight the concerns raised by Nebraskans regarding hours of service, including a meeting with Nebraska livestock representatives. She also joined 29 of her colleagues in sending a letter earlier this month requesting the FMCSA to examine ways to provide flexibility in the hours of service rules for all drivers.

More information on FMCSA's ag guidance released today can be found here. More information on FMCSA's updated personal conveyance guidance can be found here.

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