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Transportation Updates and

Regulatory News (TURN)

A quarterly publication of the Agricultural Marketing Service

www.ams.usda.gov/rules-regulations/transportation/turn

September 2019

FMCSA Seeks Comments on the 

Definitions of Agricultural Commodity 

or Livestock

On July 29, 2019, the Federal Motor Carrier 

Safety Administration (FMCSA) sought 

comments to assist in determining whether, 

and if so to what extent, the Agency should 

revise or otherwise clarify the definitions of 

“agricultural commodity” or “livestock” in the 

“Hours of Service (HOS) of Drivers” regulations. 

Currently, during harvesting and planting 

seasons as determined by each State, drivers 

transporting agricultural commodities, including 

livestock, are exempt from the HOS 

requirements from the source of the 

commodities to a location within a 150-air-mile 

radius from the source. This Advance Notice of 

Proposed Rulemaking is prompted by 

indications that the current definition of these 

terms may not be understood or enforced 

consistently when determining whether the 

HOS exemption applies. Comments ended on 

September 27 and can be viewed at docket 

number FMCSA-2018-0348.

FMCSA Proposes to Allow Commercial 

Driver's License Out-of-State 

Knowledge Test

On July 29, 2019, FMCSA proposed “to allow 

driver applicants to take the commercial 

driver's license (CDL) general and specialized 

knowledge tests in a State (the testing State) 

other than the applicant's State of domicile. 

Under this proposed rule, a State would not be 

required to offer the knowledge tests to out-ofState applicants. However, if the testing State 

elects to offer the knowledge tests to these 

applicants, it would transmit the results to the 

State of domicile, which would be required to 

accept the results.” Comments ended on 

September 27 and can be viewed at docket 

number FMCSA-2018-0332.
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Study of Harassment and Assaults 

Against Minority and Female Truckers

On July 23, 2019, FMCSA asked for comments 

on its information collection request to “allow 

for a study to understand the prevalence, 

seriousness, and nature of the problem of 

harassment and assaults against minority and 

female truckers.” Comments ended on 

September 23 and can be viewed at docket 

number FMCSA-2018-0278.

U.S. Department of Labor Issues 

Opinion Letter on Time Spent by 

Drivers in a Sleeper Berth

On July 22, 2019, the U.S. Department of Labor 

issued a new Wage and Hour Opinion Letter

stating “the time drivers are relieved of all 

duties and permitted to sleep in a sleeper berth 

is presumptively non-working time that is not 

compensable.”

Information Requested on Driver 

Delays During Loading and Unloading 

and the Impact on Safety

On June 10, FMCSA requested “information on 

existing or potential sources of data to better 

understand driver detention times during the 

loading and unloading of commercial motor 

vehicles (CMVs) and the potential impact of 

such delays on roadway safety. A recent study 

by the U.S. Department of Transportation's 

(DOT) Office of Inspector General found that 

better data are needed to fully understand the 

issues associated with driver detention.” 

Comments ended on September 9 and can be 

viewed at docket number FMCSA-2019-0054.

Pilot Program to Allow Non-Military 

Drivers Aged 18, 19, and 20 to Cross 

State Lines

On May 15, 2019, FMCSA requested comments 

on allowing drivers 18, 19 and 20 years old, who 

may currently operate commercial motor 

vehicles in intrastate commerce, to operate in 

interstate commerce. Comments ended on 

August 14 and can be viewed at docket number 

FMCSA-2018-0346.

Commercial Vehicle Safety Alliance 

Encourages Proper Assignment of 

Responsibility for Improper Cargo 

Securement in Sealed Trailers and 

Containers

On May 8, 2019, the Commercial Vehicle Safety 

Alliance encouraged FMCSA and the Canadian 

Council of Motor Transport Administrators to 

address shipper, carrier, and driver 

responsibility when a driver is not allowed to 

break a door seal to determine whether or not 

the cargo is properly secured inside a trailer or 

container.

Alternate Methods for Securement of 

Agricultural Commodities Allowed

On April 15, 2019, FMCSA granted “a limited 5-

year exemption... to allow certain alternate 

methods for the securement of agricultural 

commodities transported in wood and plastic 

boxes and bins and large fiberglass tubs, as well 

as hay, straw, and cotton bales that are 

grouped together into large singular units.”

California's Meal and Rest Break Rule 

Preemption Update

On March 22, 2019, FMCSA updated its website

regarding FMCSA’s December 21, 2019

preemption of California’s meal and rest break 

rules for drivers, citing safety, cost of goods, 

uniformity, and FMCSA’s legal opinion on 

pending lawsuits.

Commercial Driver's License Upgrade 

Costs Reduced

On March 6, 2019, FMCSA issued a final rule “to 

reduce the training time and costs incurred by 

Class B CDL holders upgrading to a Class A CDL.”
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California's Meal and Rest Break Rules 

for Commercial Motor Vehicle Drivers 

Preempted

On December 21, 2018, FMCSA granted a 

petition to preempt California's meal and rest 

break rules for drivers. FMCSA determined the 

California rules are on safety, are incompatible 

and more stringent than FMCSA’s regulations,

but provide no additional safety benefits and 

interfere with interstate commerce.

States May Issue a Commercial 

Learner's Permit Valid for One Year

On December 21, 2018, FMCSA issued a final 

rule “to allow States the option of issuing a 

commercial learner's permit (CLP) with an 

expiration date of up to one year from the date 

of initial issuance.”

Commercial Vehicle Safety Alliance 

Petition on Personal Conveyance 

Received

On December 18, 2018, FMCSA received a

Commercial Vehicle Safety Alliance (CVSA)

petition to define “the maximum distance 

and/or time a driver may operate for personal 

conveyance” while they are off-duty. Citing 

FMCSA’s guidance and the response to CVSA’s 

comments on the draft guidance, CVSA asked 

that the distance and time issue be addressed in 

the proposed rule on the hours of service of 

drivers.

Commercial Vehicle Safety Alliance 

Expresses Concern About Exemptions

On December 17, 2018, CVSA sent a letter to 

FMCSA in opposition to exemptions from 

FMCSA regulations, citing the impact on 

roadside inspectors, uniformity of enforcement, 

resources, training, communication, and safety.

Photo credits: 

Truck: Burt Barnes

All other photos: USDA

USDA is an equal opportunity provider, 

employer, and lender.