The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) last week published a final rule updating hours of service (HOS) rules for commercial motor vehicle (CMV) drivers.
There are many changes in the final rule beneficial to commercial drivers supporting agricultural aviation operations, such as lengthening the drivers’ maximum on-duty period from 12 to 14 hours and extending the short-haul distance limit within which the driver may operate from 100 air miles to 150 air miles.
The agency will also modify the adverse driving conditions exception by extending the maximum window during which driving is permitted by up to two hours. For example, while driving under the HOS rule, if unexpected adverse driving conditions slow you down, you may drive up to two extra hours to complete what could have been driven in normal conditions.
Last year, NAAA submitted comments to the FMCSA in favor of these proposals, explaining a pest will spread regardless of a driver’s HOS status and a delay in the timely application of pesticides could result in the destruction of crops, or require more pesticides be used at a later time.
NAAA commented in favor of increasing the short-haul exemption from 100 to 150 miles, noting many commercial drivers supporting aerial application operations are already allowed a 150 air-mile radius that applies to agricultural operations. However, this only applies to planting and harvesting seasons determined by each state, and this rule change would bring year-round federal uniformity.
Regarding the adverse driving conditions provision, NAAA explained that while aerial applications only take place in fair weather conditions, these applications will often take place after adverse weather conditions when fields are too wet for ground spraying. In this case, the timely application of products is critical and allowing the 14-hour driving window to be extended in such cases would ensure a commercial driver is available to assist in the application.
You can read NAAA’s full comments
here.
The FMCSA final rule can be
read here. You can also reference this
one-pager and this
matrix comparing the new rule to the old rule to learn more.