Effective Monday, October 1, 2012, new federal law takes effect that restores the agricultural hours of service exemption for the transportation of all farm supplies and commodities from all distribution points, within a specified air mile radius.   The important elements of the changes are:

 

1.  You may  now transport any farm supply (i.e. dry and liquid fertilizer, anhydrous ammonia, pesticides, seed, feed) from a distribution point (terminal or warehouse) to the retail site, and from retail to farm, and farm to farm.    

 

2.  If you are transporting these products within the state of Illinois (intrastate) then you must adhere to a 100 air mile radius.  If you are crossing state lines with these movements (interstate) you can take advantage of a 150 air mile radius between the distribution points.  IFCA is working with Illinois DOT to amend the Illinois Motor Carrier Safety Regulations to also allow the 150 air mile radius for intrastate movements.  We hope to have this in place by the Spring 2013 season. 

 

3.  The special Hours of Service waiver for the transport of anhydrous ammonia is no longer necessary after October 1, 2012 due to these changes.

 

Illinois DOT is working with the State Police to communicate the effective date of October 1, 2012 for these changes.  Until the various rulebooks used by law enforcement are updated, we recommend that you carry a copy of the Federal Motor Carrier Safety Administration announcement of the October 1 implementation with you in your trucks that are utilizing the exemption.  You can access the FMCSA announcement at the IFCA website, click here http://www.ifca.com  There are three documents posted under the "New Hours of Service Language" headline:  The FMCSA announcement, a copy of the federal law that passed Congress making these changes, and a summary of the Illinois DOT regulations that lists the definitions and exemptions in Illinois law for agricultural hours of service.  These documents provide clear guidance on the new HOS provisions, but it can take some time to communicate new regulatory changes to law enforcement.  If you are ticketed for an Hours of Service violation in error, please contact IFCA immediately; you should also challenge the violation in FMCSA dataQ system; we can assist you with that process.  We do not anticipate any major issues with enforcement; IDOT and the Illinois State Police have always been responsive to the needs and concerns of the agricultural industry and we have a great working relationship. 

 

This is great news for our industry and just in time for fall fertilizer season!  Restoring this important exemption has been a high priority for the IFCA and for many ag organizations that joined forces in this successful legislative effort.  Please contact Jean Payne or Kevin Runkle at 309.827.2774 with any questions.