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Federal transportation reauthorization legislation titled “Moving Ahead for Progress in the 21st Century” (MAP-21) was signed into law on July 6, 2012 and became effective October 1, 2012. MAP-21 contained two separate exemptions from the safety regulations affecting commercial motor vehicle (CMV) engaged in agricultural transportation. The two separate exemptions are found in Section 32101(d) and Section 32934.
Section 32101(d) “Transportation of Agricultural Commodities and Farm Supplies” provides relief from the Federal hours-of-service regulations during planting and harvesting season, This is determined by the States in which the motor carrier operates, which in Oklahoma is January 1 to December 31.
Section 32934 “Exemptions from Requirements for Covered Farm Vehicles” provides exemptions from most of the Federal Motor Carrier Safety Regulations (FMCSRs) IF ALL the requirements of this section are met.
It is the responsibility of the motor carrier to determine if they meet the requirements of the MAP-21 exemptions. If the motor carrier does not meet the requirements of the MAP-21 exemptions, they will need to ensure compliance with all applicable FMCSRs.
Section 32101 (d), provides relief from the Federal hours-of-service (Part 395 HOS) regulations during the planting and harvesting seasons, as determined by the States in which the carriers are operating. This exemption covers:
Section 32934 provides a statutory exemption from most of the FMCSRs when farm and/or ranch operators, their employees, and certain other specified individuals under specific circumstances operate a “covered farm vehicle”. The operation of “covered farm vehicles” is exempt from:
The term “covered farm vehicle” is a CMV as defined in 49 CFR 390.5, but excludes vehicles transporting hazardous materials in a quantity requiring placards, traveling in the State in which the vehicle is registered or another State, and:
NOTICE:Oklahoma State Motor Vehicle Laws found in Title 47 will always apply unless specifically exempted