The Federal Motor Carrier Safety Administration, in coordination with the U.S. Department of Agriculture, is waiving certain hours-of-service regulations for drivers and motor carriers transporting straight or blended fertilizer in 35 states
FMCSA grants the waiver to address an urgent fertilizer supply shortfall.
To bulk up the country’s fertilizer supply, the U.S. Dept. of Agriculture announced a full-scale, all-of-government effort by helping to lower shipping costs, expand fertilizer production, and cut red tape so that fertilizers reach America’s farmers. As part of this coordinated action and in response to a request from The Fertilizer Institute, FMCSA issued the waiver to provide needed relief from specified FMCSRs for motor carriers and drivers transporting fertilizer products for commercial farming and agricultural purposes.
FMCSA’s action waives the hours-of-service limitations in 49 CFR 395.3 (maximum driving time) and the requirement for drivers to use an ELD to record the driver’s duty status. The waiver does not apply to the transportation of hazardous materials.
The waiver covers drivers hauling fertilizer products in the following states:
Alabama, Arkansas, California, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, West Virginia, Wisconsin, and Wyoming
Under the terms of the waiver, drivers are not permitted to drive more than 16 hours in any 24 hours, even if the driver is operating under the 150 air-mile ag exemption. Drivers must also take a minimum of a six-hour break in the sleeper berth every 24 hours. If there is no sleeper berth, the driver must take a minimum of eight consecutive hours’ break every 24 hours.
Drivers who do not use an ELD must use paper records of duty status (RODS) and supporting documents, maintain RODS and supporting documents for six months from the date the record is prepared, and make RODS and supporting documents accessible to FMCSA and law enforcement upon request.
The waiver is effective through Aug. 26.
