A group of agricultural associations has come out in support of legislation that clarifies the applicability of the agricultural hours of service exemption.


The Agricultural Retailers Association (ARA), the Agricultural and Food Transporters Conference (AFTC) of American Trucking Associations, the National Council of Farmer Cooperatives (NCFC) and The Fertilizer Institute (TFI) voiced their support today for legislation that would clarify transportation regulations that are critical to the agricultural sector's ability to expeditiously distribute farm supplies.

Congressmen Sam Graves (R-Mo.) and Blaine Luetkemeyer (R-Mo.), along with 38 additional congressional co-sponsors, introduced the legislation intended to resolve questions regarding the applicability of the agricultural hours of service exemption.

In April 2009, the Commercial Vehicle Safety Alliance called for the repeal of those exemptions that relieved ag carriers from hours-of-service regulations when operating within a 100-air-mile radius from their central base of operation during planting and harvesting seasons. The call came following the results of a study of truck crash and out of service rates by the U.S. Department of Transportation's Volpe National Transportation Systems Center.

The results of the Volpe study were disputed by veteran safety consultant, Ronald Knipling, who said, "It seems unwise to base a regulatory and economic decision as significant as revocation of the short-haul agricultural HOS exemption solely on (inadequate) statistics,"

The CVSA's action resulted in the Federal Motor Carrier Safety Administration issuing an interpretation of the regulations that resulted in transportation restrictions for certain farm supplies. The legislation introduced this week by Reps. Graves and Luetkemeyer amends aspects of the Motor Carrier Safety Improvement Act, which served as the basis for FMCSA's 2009 interpretation, to clarify the applicability of exemptions for agricultural products.

"When I visit with agricultural retailers across the country, one of the top issues they bring up as a threat to their business is the Hours of Service issue," said ARA President & CEO Daren Coppock. "We appreciate the efforts of Congressmen Graves and Luetkemeyer on this issue so that agricultural retailers are able to serve the needs of farmers during the busy planting and harvest seasons."

"The agricultural exemption to the HOS rule is a crucial tool for transporters of agricultural products during the busiest times of the year," said AFTC Chairman, Rick Yost. "We commend the work of Congressmen Luetkemeyer and Graves, and the other co-sponsors, for their work on this very important legislation."

Specifically, the legislation clarifies that the agricultural hours of service exemption is applicable to:

~ Drivers transporting agricultural commodities within a 100 air-mile radius;
~ Drivers transporting farm supplies for agricultural purposes from a wholesale or retail business to a farm or other location where the farm supplies are intended to be used within a 100 air-mile radius from the distribution point; or
~ Drivers transporting farm supplies from a wholesale location to a retail location so long as the transportation is within a 100 air-mile radius.

"This legislation will ensure that farmer co-ops can continue to provide their producer-owners and other customers with farm supplies in a timely and efficient manner," said NCFC President & CEO of Chuck Conner.

"TFI commends Congressman Graves and Luetkemeyer, along with the other co-sponsors of this legislation, for taking the steps necessary to ensure that the agricultural community has access to the crop nutrients and farm supplies necessary to produce safe, healthy and abundant crops," said TFI President Ford B. West.