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SPECIAL EDITION
Agriculture Exemption Under Attack in Washington
Congress was correct in enacting the
agricultural exemption to the federal hours of service rules
for truck drivers in 2005, which applies only to
agricultural commodities transported within a 100 air mile
radius from the point of harvest to the point of processing
and farm supplies during the planting season. It is
critical that agriculture industry in states like
California, to be able to depend on this exemption to move
their commodities from farm to fork.
Officials of the Commercial Vehicle Safety Alliance (CVSA),
have announced that their organization will seek to have the
ag exemption removed from federal law in the 2009 Highway
Reauthorization Bill. Reading their press release, it is
absurd to conclude that after 11 hours of legal driving
time, a driver will be tired if the truck is hauling produce
instead of clothing. Considering the 100-air mile provision
in the federal ag exemption rule, driving over 11 hours is
not necessary. Drivers operating under the ag exemption need
not speed, as those who do so should be prosecuted.
(See
http://www.cvsa.org/news/2009_press.aspx)
For the agricultural sector of the
U.S. economy, efficient commercial transportation services
are the indispensable link with outside markets and exports
for most agricultural and rural communities, and this
dependency is growing.
It is imperative that commercial transporters of
agricultural commodities and farm supplies have the
flexibility to transport during peak planting and harvesting
seasons to ensure timely movement of all agricultural
commodities so important to America's food supply and export
demands. Congress agreed in the Highway Reauthorization Bill
in 2005 that clarifying the definition of agricultural
commodities and making the agricultural exemption permanent
in federal law was vitally important to commercial
agricultural transportation, American agriculture, and
American consumers and exporters.
The provision in the 2005 bill is that
"agricultural commodities" are now defined as "any
agricultural commodity, non-processed food, feed, fiber or
livestock including livestock as defined in section 2 of the
Emergency Livestock Feed Assistance Act of 1988) and
insects." The current law also defines farm supplies for
agricultural purposes, such as fertilizer, directly related
to the growing or harvesting of agricultural commodities, as
items exempt from the federal hours of service rules for
truck drivers. The exemption applies during the planting and
harvesting seasons within each state as defined by the state
and livestock feed anytime of the year. This should not be
removed.
As trucks move more and more agricultural commodities, (some
90 percent of produce, livestock, horticultural products,
forest products, and 70 percent of grain), it is essential
to retain the agricultural exemption to the federal hours of
service rule. This will ensure safe, just-in-time, grower,
shipper and processor requirements, reduce congestion and
fossil fuel energy use, and help make our environment
cleaner and safer.
Retaining the agricultural exemption is reasonable and
essential to American agriculture, commercial agricultural
transporters, and American consumers.
For more information, or an analysis of the current ag
exemption contact Fletcher R. Hall at 301-765-0273 or
fletcher@frhallassociates.com.
Tell Congress to retain the
agricultural hours of service rule
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