The 150 air-mile agricultural commodity exemption to the federal HOS regulations allows your drivers to be exempt from keeping a duty status record under certain conditions. The Hours of Service (HOS) mobile app does not have a dedicated mode for applying this exemption. However, your drivers might be able to use one of the following options to apply the exemption to their HOS records.
Note: Ensure that you have permission from your motor carrier to use one of these options.
Option 1:
- Drivers can drive within the 150 air-mile radius of the source of the agricultural commodity they are transporting without being logged in to the HOS mobile app.
- When the drivers reach the 150 air-mile radius limit, they must log in to the HOS mobile app and start recording their driving time as normal.
- Vehicles record the driving time within the 150 air-mile radius as unidentified driving time. Drivers should not claim this unidentified driving time in the HOS mobile app.
- As an administrator, you need to mark the unidentified driving time as exempt and add an annotation stating that the driving time occurred while operating under the 150 air-mile agricultural commodity exemption. To do this:
- Go to the Unidentified Driving tab of the Hours of Service screen.
- From the Status drop-down list select "Unidentified" to filter the driving periods that have no driver assigned.
- Select the check box next to the driving periods that you want to mark as exempt. Make sure that you select only the driving periods that qualify for an exemption.
- Click Assign (x driving periods selected).
- From the drop-down box that opens select "Exempt".
- For the reason, state that the driving time occurred while operating under the 150 air-mile agricultural commodity exemption. Remember that it is your responsibility to ensure that all driving periods marked as exempt were properly identified and qualify for an exemption.
- Click Exempt Driving Period.
Option 2:
- Drivers log in to the HOS mobile app and record their driving time as normal.
- Drivers add a comment to the HOS events that were created during the time when they were within the 150 air-mile radius of the source of the agricultural commodity. In the comment, drivers need to state that the driving time occurred while operating under the 150 air-mile agricultural commodity exemption. To do this, drivers can edit the appropriate HOS events.
- The annotation will mean that the FMCSA ignores any violations that might have occurred during the time that the drivers were driving within the 150 air-mile radius of the source of the agricultural commodity.
Option 3:
- If your drivers have permission from their motor carrier, they can use Personal Conveyance mode while they are driving within the 150 air-mile radius of the source of the agricultural commodity.
- When the drivers reach the 150 air-mile radius limit, they must exit Personal Conveyance mode and start recording their driving time as normal.
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