Two officials from the FMSCA further clarified the definition of a source in an email exchange with Western Grower & Shipper . Greg Bragg, who is with the California Division of FMSCA and FMSCA Chief of Operations Tom Yager, provided the definition of the “source” when answering a series of questions covering different scenarios. They revealed that there can be multiple sources for the same product covering different drivers. A driver taking the product from the field to an interim storage point would be covered by the 150 air-mile exemption, as would a separate driver taking the product from the interim storage point and putting it into interstate or intrastate commerce. The one caveat, however, is the hours of service exemption would not qualify “unless the only reason for the interim storage and multiple pick-ups is to skirt the intent of the regulation,” said Yager. The FMSCA also defined a “source” as the U.S. facility where product coming from Mexico, Canada or overseas is off-loaded for shipment for processing. They also clarified that the entire load has to qualify for the 150 air-mile exemption or the load does not qualify. “This follows the general policy that you cannot add any non-exempt items to an exempt load and still call it exempt. 100% is required,” wrote Yager. However, he said a grower-shipper could re-ship product from one storage point to a cooler hundreds of miles away and each driver picking up that product would still enjoy the 150 air-mile exemption. Gilliland said the guidance on the use of the semi-truck for personal conveyance is also important. This guidance covers all drivers not just those hauling agricultural products. Under the
hours of service rules, FMCSA has said that a driver who has run out of drive time is allowed to use the commercial vehicle for personal conveyance as the trucker goes to the nearest facility to begin the mandated rest period. Gilliland said this allows truckers with a full load to proceed a reasonable distance to a hotel or truck stop. While they have to account for that time, it is allowed. Previously, he said the rule allowed for personal conveyance but only if the trailer was empty. Gilliland said that the ag exemption clarification does concede that there could be further clarifications as questions arise. Both Yager and Bragg agreed with that assessment. Bragg also said that while truckers of agricultural commodities do have an exemption from hours of service rules with regard to receiving a citation, the basic rules of safety and liability apply. He said a trucker cannot operate his equipment when it is unsafe because he is tired. For example, if a driver took eight hours from 150 air-miles out and back to pick up the load, it would be unreasonable, unsafe and thus unlawful for him to start his ELD and drive 11 hours without a break. He also noted that if a driver had put in 10 hours of driving as he arrived at that point 150 air-miles from the packing shed, those hours of service do not go away. Bragg said when the trucker gets back to that spot (150 air-miles out), he only has one hour left, unless he has taken the required rest time in the interim. With both documents published on June 7, 2018, they will remain in effect until June 7, 2023, unless there is a superseding guidance published in the Federal Register in the interim.
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