Source: PRESS RELEASE (Walter B. Jones), 10/4/11

Editors Note:  Congressman Walter B. Jones (R-N.C.) has signed as a cosponsor of this bill.

Section 229(a)(1) of the Motor Carrier Safety Improvement Act [49 U.S.C. 31136 note] states: “Transportation of Agricultural Commodities and Farm Supplies – Regulations prescribed by the Secretary under sections 31136 and 31502 of title 49, United States Code, regarding maximum driving and on-duty time for drivers used by motor carriers shall not apply during planting and harvest periods, as determined by each State, to drivers transporting agricultural commodities or farm supplies for agricultural purposes in a State if such transportation is limited to an area within a 100 air mile radius from the source of the commodities or the distribution point for the farm supplies.”

This statute alone, not to mention clear Congressional intent demonstrated in previous sessions, clearly allows the transportation of all farm supplies from any distribution point to a local farm retailer or to the ultimate consumer – in other words, from source to retail, source to farm, and retail to farm.  Unfortunately, in 2009 the Federal Motor Carrier Safety Administration (FMCSA) began to misinterpret both the statute and Congressional intent.    

Currently, FMCSA only allows for the transportation of a single farm supply – anhydrous ammonia – from any distribution point to a local farm retailer or to the ultimate consumer.  While anhydrous ammonia is perhaps the most widely used farm supply to be transported under the AgHOS regulations, many other critical farm supplies have been excluded because of the agency’s interpretation.  This severely hinders the flexibility our farmers need during planting and harvesting seasons.

FMCSA, through several waivers granted over the past two years, has recognized the need for an exemption to their motor carrier regulations.  This legislation will reinforce existing law by clarifying that a driver transporting farm supplies from source to retail, source to farm, and retail to farm is included in the AgHOS exemption.