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Hours of Service Exemptions for Agricultural Haulers

For agricultural haulers, one of the most important Hours of Service exemptions is the 150 air-mile agricultural exemption.

If you are hauling qualifying agricultural commodities, livestock, or farm supplies during the applicable planting and harvesting season, federal Hours of Service rules generally do not apply while you are operating within the qualifying 150 air-mile radius.

But once you leave that exempt area, the rules change quickly.

Here is what agricultural truckers need to know about 49 CFR 395.1(k), including where the 150 air miles starts, what happens when you cross the boundary, how ELDs should be handled, and the additional flexibility available to livestock haulers.

The Quick Answer

For qualifying agricultural transportation:

Inside the 150 air-mile radius:

  • Federal HOS limits generally do not apply.

  • Time spent working inside the exempt area does not count toward your federal daily or weekly HOS limits.

  • An ELD is not required solely to record the exempt portion of the trip.

Outside the 150 air-mile radius:

  • Federal HOS rules begin to apply.

  • The driver must begin recording duty status.

  • An ELD is generally required unless another ELD exception applies.

One important detail:

150 air miles is not the same as 150 highway miles.

FMCSA considers 150 air miles to be approximately 172.6 statute miles, measured as a radius rather than by the number of miles actually driven on the road.

What Does the Agricultural HOS Exemption Cover?

Under 49 CFR 395.1(k), the exemption can apply to drivers transporting qualifying:

  • Agricultural commodities

  • Livestock

  • Grain

  • Hay

  • Produce

  • Feed and other qualifying commodities

  • Bees

  • Horses

  • Fish used for food

  • Farm supplies used for agricultural purposes

For farm supplies, the rules can apply to transportation from a qualifying wholesale or retail distribution point to the location where the supplies will be used, as well as certain wholesale-to-retail movements.

The exemption applies during the planting and harvesting periods established by the individual state.

Where Does the 150 Air-Mile Radius Start?

This is one of the most important parts of the rule.

For agricultural commodities, the radius is generally measured from the source of the commodity.

The source is not automatically:

  • Your trucking company’s terminal

  • Your home

  • Your farm

  • The driver’s starting location

  • The final destination

Instead, FMCSA generally considers the source to be the location where the agricultural commodity is loaded onto an unladen commercial motor vehicle.

That can include places such as:

  • A farm

  • A ranch

  • A grain elevator

  • A livestock sale barn

  • Certain storage or handling facilities

For example, if you pick up cattle at a sale barn, the sale barn can qualify as the source.

If you load grain at a grain elevator, that elevator may qualify as the source as long as the grain still meets the federal definition of an agricultural commodity.

What If You Make Multiple Pickup Stops?

Multiple stops can make the rule more complicated.

When agricultural commodities are picked up from multiple sources during the same trip, FMCSA guidance generally treats the first loading point as the source used to establish the 150 air-mile radius.

You cannot simply restart a new 150-air-mile circle every time you make another pickup.

That is an important distinction for livestock, grain, and other agricultural operations that regularly make multiple stops.

What Happens When You Cross the 150 Air-Mile Line?

Suppose you load cattle and your destination is 500 miles away.

The trip does not lose the agricultural exemption just because the final destination is outside the 150-air-mile radius.

Instead, the exemption applies to the qualifying portion of the trip inside the radius.

Once you cross beyond the 150-air-mile boundary:

Federal Hours of Service rules begin to apply.

From that point forward, the driver must comply with the applicable HOS limits and record the required duty status.

The good news is that the qualifying time spent inside the exempt radius does not count against the driver’s federal daily or weekly HOS limits.

Simple Example

A driver starts at a grain elevator and drives through the exempt area before continuing to a distant delivery.

Source → 150-air-mile boundary:
Agricultural HOS exemption applies.

150-air-mile boundary → delivery:
Normal HOS rules apply.

For a normal agricultural commodity trip, HOS rules continue to apply until the driver returns inside the qualifying 150-air-mile radius around the original source.

Does the Exemption Apply When the Truck Is Empty?

In certain qualifying trips, yes.

FMCSA guidance allows the agricultural exemption to apply to portions of an empty trip within the 150-air-mile radius when the sole purpose of the trip is to:

  • Travel to pick up a qualifying agricultural commodity, or

  • Return from delivering that agricultural commodity.

However, the trip cannot involve transporting non-agricultural cargo if the driver is relying on this particular guidance.

So an empty truck returning toward the original source may regain the exemption once it gets back inside the qualifying radius.

Do You Have to Use an ELD Inside the Radius?

Generally, the exempt agricultural portion of the trip is not subject to the normal ELD recording requirement.

But this does not mean drivers should automatically label all exempt agricultural driving as ordinary “off duty” time.

FMCSA provides several ways to handle exempt agricultural movement when the truck is equipped with an ELD.

Depending on the carrier’s setup, a driver may be able to:

  • Operate without logging into the ELD while inside the exempt radius and properly address the unidentified driving afterward.

  • Log in and annotate the exempt agricultural operation.

  • Use authorized personal use when permitted by the carrier and properly annotate that the movement was made under the agricultural exemption.

Once the driver leaves the exempt radius, the driver must begin recording the movement as required under the normal HOS rules.

The motor carrier should have a consistent procedure for its drivers so exempt miles are properly identified and explained.

Are There Other ELD Exceptions for Agricultural Haulers?

Potentially.

FMCSA identifies additional situations in which a driver may not have to use an ELD even when operating outside the agricultural exemption.

For example, an ELD may not be required when:

  • The driver operates outside the 150-air-mile exempt area no more than 8 days during any 30-day period, provided the required paper records are kept on non-exempt days.

  • The qualifying vehicle was manufactured before model year 2000.

  • The operation qualifies separately as a covered farm vehicle.

These are separate exceptions with their own requirements, so do not assume that hauling agricultural products automatically qualifies a truck for every ELD exemption.

South Dakota Agricultural Haulers Get a Year-Round Season

For South Dakota operators, there is another important advantage.

South Dakota defines its planting and harvesting season as:

January 1 through December 31, inclusive.

That means the state’s planting and harvesting period is effectively year-round for purposes of the agricultural HOS provision.

The rule is found in South Dakota Administrative Rule 61:23:01:03.

If your operation regularly travels into or through other states, do not assume every state handles its planting and harvesting period exactly the same way.

Check the rules that apply to your operation before relying on the exemption.

Livestock Haulers Have an Additional End-of-Trip Exemption

Livestock haulers have another important protection.

Since November 15, 2021, the federal rules provide an additional 150-air-mile exemption at the destination end of a livestock trip.

For a qualifying long-distance livestock haul, this can create three different portions of the trip:

First 150 air miles from the source:
HOS exemption applies.

Middle portion of the trip:
Normal HOS rules generally apply.

Final 150 air miles approaching the livestock’s destination:
The livestock end-of-trip HOS exemption applies.

That means a long-distance livestock hauler may have exempt operations at both ends of the trip, with the standard HOS rules applying primarily to the middle portion.

Three Common Agricultural HOS Mistakes

1. Measuring the Radius From the Wrong Place

Do not automatically measure from your terminal, home base, or the farm where your truck started the day.

For agricultural commodities, the qualifying radius is generally based on the source of the commodity.

2. Thinking 150 Air Miles Means 150 Road Miles

It does not.

150 air miles equals approximately 172.6 statute miles.

The radius is based on distance from the source, not the exact number of miles you drove on the highway.

3. Assuming the Whole Trip Is Exempt

Starting inside an agricultural exemption does not automatically make a 500-mile trip exempt from beginning to end.

For most agricultural commodities, once you leave the qualifying 150-air-mile radius, the normal federal HOS rules begin to apply.

Livestock transportation has the additional destination-side exemption discussed above.

Keep Documentation That Supports the Exemption

Drivers and motor carriers should be able to explain why a trip qualifies.

Useful records may include:

  • Pickup location

  • Source of the commodity

  • Commodity being transported

  • Delivery location

  • Bills of lading or load documents

  • Dates and times

  • ELD annotations

  • Records supporting exempt miles

FMCSA’s agricultural ELD guidance specifically notes that the driver has the burden of showing that the agricultural exemption was legally available.

Good documentation can make a roadside inspection much easier.

The Bottom Line

The agricultural HOS exemption can provide significant flexibility, but you need to know exactly where the exemption starts and stops.

For most qualifying agricultural commodities, remember:

Source + 150 air miles = exempt area.

Inside that qualifying area, federal Part 395 Hours of Service requirements generally do not apply.

Outside it, normal HOS requirements generally begin.

And if you are hauling livestock, remember that an additional 150-air-mile exemption may apply as you approach the final destination.

Knowing those boundaries—and keeping records that support your use of the exemption—can help prevent unnecessary HOS and ELD problems during a roadside inspection.

Need Insurance for an Agricultural Trucking Operation?

Agricultural trucking comes with risks that are different from standard over-the-road freight.

Whether you haul livestock, grain, feed, hay, produce, or other agricultural commodities, working with an insurance agency that understands agricultural trucking can help make sure your operation is properly covered.

Contact our team for an agricultural trucking insurance quote.

This article is provided for general informational purposes only and is not legal or regulatory advice. Federal and state regulations can change, and the application of an exemption depends on the specific facts of an operation. Carriers and drivers should consult current FMCSA regulations and applicable state requirements.

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