U.S. · Trucking · HOS
Agricultural hours of service exemption checker.
Pick the load, the air-mile distance and the season to test the agricultural exception in 395.1(k).
Part 395 does not apply, during planting and harvesting periods as each State determines them, to drivers hauling agricultural commodities from the source to a place within 150 air miles, farm supplies within 150 air miles of the distribution point, or livestock within 150 air miles of the final destination. The text of 395.1(k) lists exactly four kinds of load.
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What 395.1(k) says
Paragraph (k) of 49 CFR 395.1 is headed "Agricultural operations." It reads: "The provisions of this part shall not apply during planting and harvesting periods, as determined by each State, to drivers transporting (1) Agricultural commodities from the source of the agricultural commodities to a location within a 150 air-mile radius from the source; (2) Farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used within a 150 air-mile radius from the distribution point; (3) Farm supplies for agricultural purposes from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 150 air-mile radius from the wholesale distribution point; or (4) Livestock (as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) including insects)) within a 150 air-mile radius from the final destination of the livestock."
Three tests, all required
The exception works only when three things line up. The load must be one of the four named. The distance must stay inside 150 air miles, measured from a different point depending on the load: the source for commodities, the distribution point for supplies, the wholesale point for wholesale-to-retail supplies and the final destination for livestock. And the trip must fall in the planting or harvesting period "as determined by each State." The federal text does not give dates. Each State sets them, and they often differ by crop and region.
"This part" means all of part 395
The wording is "the provisions of this part shall not apply." Part 395 is the hours-of-service part, including driving limits, records of duty status and the ELD rule. The exception is therefore broader than a log exemption. It is also limited to part 395: the text says nothing about licensing, vehicle inspection or other FMCSA parts, so those requirements are not removed by this paragraph.
Measuring air miles
An air mile is a straight-line nautical mile, so 150 air miles equals 172.6 statute miles, as 395.1(e)(1) states. A route can be much longer on the road and still sit inside the radius, and a short road trip can be outside it if the straight line is long. For a close call, measure with a tool that uses great-circle distance and keep the measurement.
Worked example
A grain truck loads at a farm during the State's harvest period and delivers to an elevator 110 air miles away. The load is an agricultural commodity from its source, the distance is within 150 air miles and the date is in season, so all three tests pass and part 395 does not apply to the trip. If the elevator is 190 air miles away, the distance test fails and the normal rules apply. A truck delivering fertilizer from a farm-supply dealer to a farm 80 air miles away in planting season passes under (2). A truck carrying tractor parts, which are not on the list, fails the first test whatever the distance.
Limits of this page
The checker cannot tell you the State's planting or harvesting dates, whether a particular product is an "agricultural commodity" or "farm supplies" in an enforcement officer's eyes, or how a mixed load is treated. The federal paragraph does not define those terms, so a close case needs the State agency or FMCSA. The rule text was read on November 2, 2026.
Sources
Frequently asked questions
What loads does the agricultural exception cover?
Agricultural commodities from their source, farm supplies from a wholesale or retail distribution point to a place of use, farm supplies from a wholesale to a retail distribution point, and livestock (49 CFR 395.1(k)(1) to (4)).
What is the distance limit?
A 150 air-mile radius, measured from the source for commodities, the distribution point for supplies, the wholesale point for wholesale-to-retail supplies, and the final destination for livestock.
Who decides the planting and harvesting periods?
Each State. 395.1(k) says "as determined by each State"; the federal text gives no dates.
What does the exception remove?
The text says the provisions of part 395 do not apply to those drivers during those periods.
Are insects covered as livestock?
The text says livestock "as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) including insects."
Does it change licensing or inspection rules?
The paragraph only names the provisions of part 395. It does not mention other parts, so check them separately.
Is this legal advice?
No. It applies 49 CFR 395.1(k) as read on November 2, 2026. Confirm with your State agency or FMCSA.
Not legal or compliance advice
This page is general information drawn from the sources listed, not legal, tax or compliance advice, and it is not run by any government agency. Rules, forms and dates change and your agency, base jurisdiction or enforcement officer decides your case, so confirm with the office named on this page before you rely on it. Everything runs in your browser; nothing you enter is sent anywhere.