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2026-09-02T05:00:00Z
NewsIndustry NewsFederal Motor Carrier Safety RegulationsFleet SafetyFocus AreaIn-Depth ArticleEnglishTransportationBusiness planning - Motor CarrierUSA
The ‘ag exemption’: Is it fact or myth?
“We use the ag exemption.” It’s a statement familiar to many drivers, motor carriers, and enforcement personnel, but compliance with the Federal Motor Carrier Safety Regulations (FMCSRs) is rarely that simple.
With harvest season in full swing, it’s time to review how the FMCSRs apply — or don’t — to agricultural (ag) transportation operations.
Flying under the radar
Many ag-related operations “fly under the radar” when it comes to DOT enforcement, but not being selected for inspections and audits is not the same as being exempt.
In fact, there is no single, overarching “ag exemption” in the FMCSRs. Instead, there’s an overlapping series of exceptions and exclusions that apply only in certain situations, to certain rules, to certain operations, and/or at certain times of year. In addition, there are state-level exceptions that vary from state to state.
It’s complicated
If it sounds complicated, it is. But knowing which exceptions apply — and which ones don’t — is the key to compliance and is critical for passing an audit, avoiding fines, and/or escaping liability in court.
Farmers, in the traditional sense, are eligible for the most exemptions, while private or for-hire service industries may only be eligible for limited exceptions from minor requirements.
Exceptions overview
The following is a summary of the farm-related exceptions in the FMCSRs, including where they can be found in the regulations.
Covered farm vehicles (390.39). This is the most extensive exemption. A covered farm vehicle and its driver are exempt from rules governing:
- Commercial driver’s licenses (CDLs) under Part 383;
- Drug and alcohol testing under Part 382;
- Medical cards and medical exams under Part 391, Subpart E;
- Hours of service under Part 395; and
- Vehicle inspection and maintenance under Part 396.
Note that this list does not include all the FMCSRs. Many requirements still apply, like insurance, driver qualification files, cargo securement, and more.
In basic terms, a “covered farm vehicle” is a truck (including a combination vehicle) that:
- Has a license plate or other obvious sign that it’s registered as a farm vehicle;
- Is operated by the owner or operator of a farm or ranch, or their employee or family member;
- Is used to transport agricultural commodities, livestock, machinery, or supplies to or from a farm or ranch;
- Is not for hire; and
- If the vehicle is over 26,000 pounds, is used only within the state where it’s registered or, if crossing state lines, is used within 150 air miles of the farm or ranch (whereas vehicles under 26,001 pounds may be operated anywhere in the United States).
Driver qualification (391.2). The driver qualification regulations in Part 391 do not apply to:
- Farm vehicle drivers operating straight trucks (non-articulated vehicles) that are controlled and operated by a farmer, not for-hire, and operated within 150 air miles of the farm;
- Custom-harvesting operations, including those engaged in transporting farm machinery and/or supplies or custom-harvested crops; or
- Beekeepers who are transporting bees.
Under another driver qualification provision (391.67), farm vehicle drivers who operate articulated vehicles and who are at least 18 years of age are exempt from certain portions of the driver qualification rules, including background checks, road tests, driver files, and the age restriction.
CDL licensing (383.3). States are allowed (but not required) to exempt certain farmers from needing a commercial driver’s license (CDL). The driver must be a farmer or an employee or family member; must transport ag products, farm machinery, and/or farm supplies to or from a farm; must be not-for-hire; and must remain within 150 miles of the farm.
Also, states may issue restricted, seasonal CDLs (which do not require as much testing) to farm-related service industry drivers, including agri-chemical businesses, custom harvesters, farm retail outlets/suppliers, and livestock feeders.
Note that drivers who are exempt from needing a CDL are also exempt from DOT-regulated drug or alcohol testing under Part 382.
Hours of service (395.1(k)). This is one of the only ag exemptions that can apply to for-hire operations as well as private. It says none of the hour-of-service rules in Part 395 apply to those transporting “agricultural commodities” or “farm supplies” (as defined in 395.2) within a 150 air-mile radius of their source or distribution point and during the state’s planting and harvesting season. Once the driver leaves the air-mile radius or enters a state that is not in its planting/harvesting season, all rules apply.
Ag operations that don’t qualify for this exemption may take advantage of other hours-of-service exceptions found in 395.1.
30-minute breaks (395.1(u)-(v)). Drivers actively engaged in transporting livestock or bees are exempt from having to stop driving every 8 hours for a 30-minute break.
Passengers (392.60(b)). Farmers can transport passengers without first obtaining authorization from the motor carrier.
State-level exemptions. Finally, agricultural operations that are limited to intrastate commerce (within a single state) may enjoy other exemptions provided by the state.
Key to remember: The “ag exemption” isn’t a free pass or a magic phrase that makes the FMCSRs disappear. Before assuming an operation qualifies for an exemption, motor carriers should walk through the facts, match them to the specific rule, and make sure the exception actually fits.
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2026-09-02T05:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyFederal Motor Carrier Safety RegulationsEntry-Level driver trainingEntry-level driver trainingCMV drivingFocus AreaFleet OperationsEnglishTransportationBusiness planning - Motor CarrierUSA
Steps to bring trucking industry fraud to a halt
Federal officials recently announced their interagency effort to identify and eliminate fraud in the trucking industry, reduce roadway fatalities, and protect the nation’s highway safety.
Through the actions of the Department of Transportation (DOT), the Department of Homeland Security (DHS), and the Department of Justice (DOJ), these agencies have pooled their recourses together to enact widespread change.
DOT’s actions
Along with removing over 28,000 unqualified drivers from roadways, cancelling 30,000 illegally issued licenses, and removing over 8,000 unqualified training schools from the Entry-Level Driver Training (ELDT) Training Provider Registry (TPR) over the past year and half, the DOT’s most recent steps toward enforcing greater safety and less fraud include:
- “The Emergency Removal of Training Providers,” which involves removing over 110 ELDT providers from the TPR due to not meeting the English Language Proficiency requirements;
- “Performing Targeted Investigations and Proposing Removals,” which involved non-compliance in terms of training driving space, instructors, documentation, and classroom location; and
- “Conducting a Nationwide Audit of Third-Party Skills Testers,” which involves holding states accountable for failing to compliantly authorize third-party testers.
DHS’s actions
The DHS has begun a criminal investigation across the commercial driver’s license (CDL) and commercial trucking spaces to identify fraud, financial crimes, exploitation, and potential human/drug trafficking activities, including:
- A synchronized investigation at over 200 CDL-related schools, carriers, employers, and businesses;
- Publicizing over 1,000 CDL-related leads from companies suspected of transportation-related offenses;
- Investigations concerning fraudulent and unauthorized activities related to CDL fraud, unauthorized employment, and fraudulent medical certification.
DOJ’s actions
The DOJ announced its upcoming creation of the Joint Task Force Crossroads of America, which will:
- Protect U.S. borders and roadways to reduce fatalities, injuries, and criminal activity;
- Team up U.S Attorney’s Offices in IL, IN, MI, and OH with state police and federal partners.
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2026-09-02T05:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)Associate RelationsEnglishHR ManagementFocus AreaHuman ResourcesUSA
Employees don’t get to cure a fraudulent FMLA certification
When employers receive an “incomplete” or “insufficient” certification as defined under the federal Family and Medical Leave Act (FMLA), they must give employees two things before taking any negative employment action:
- A written list of what’s needed to make the certification complete and sufficient, and
- Time to get it fixed, specifically 7 calendar days to do what’s called “curing” the certification.
What if the certification is complete and sufficient, but the employer suspects fraud?
One employee tried to argue their case in court, saying that this “curing” process also applies if the employer believes the certification is fraudulent. A court, however, disagreed and sided with the employer who had fired the employee.
The story
In May 2020, Daniel took FMLA leave to care for his ailing mother. A year and a half later, he again requested FMLA leave for the same purpose.
To get his 2021 leave approved, Daniel was asked to submit an FMLA certification. He filled out the certification, including the third section titled “HEALTH CARE PROVIDER,” which is supposed to be completed by a medical professional based on the professional’s “medical knowledge, experience, and examination of the patient.”
Daniel filled out this section of the form based on information from the certification for his prior FMLA leave and his knowledge of his mother’s condition. When he took his mother to a doctor’s appointment, Daniel gave the certification to a registered nurse, who signed it. Daniel then faxed it to the company’s HR department and to his supervisor, Andrew.
The employer saw a problem with the certification, as it appeared that Daniel had filled out the section that was supposed to be completed by the doctor. The employer called the doctor to ensure it was signed by the nurse. The nurse said that he didn’t know he “was signing something regarding family medical leave.”
On November 18, Andrew called Daniel to discuss the situation, and Daniel admitted to filling out the form himself but denied deceiving the nurse. He also offered to take another certification to the doctor’s office so that the doctor could fill it out. Andrew doubted Daniel’s honesty and fired him. Daniel sued.
In court
Daniel argued that the employer violated the FMLA when it contacted his mother’s medical provider before giving him a chance to “cure” the certification. He thought the certification was deficient, entitling him to a chance to fix it.
The employer argued that the right to cure a certification is limited only to situations where the certification is incomplete or is vague, which Daniel’s certification wasn’t. The employer thought it was fraudulent.
The court held that employers may contact a certifying medical provider to authenticate an employee’s FMLA certification without first allowing the employee to cure any inauthenticity. A suspicious certification is neither incomplete nor vague.
Mook v. Hall, Fourth Circuit Court of Appeals, No. 25-1677, August 4, 2026.
Key to remember: Employers that receive complete and sufficient, but suspicious FMLA certifications don’t have to give employees a chance to fix them before contacting the doctor for authentication.
Court decisions are based on the specific facts presented and each court’s interpretation of the law. Because courts may reach different conclusions, similar situations can lead to different outcomes. Employers should avoid relying on a single case as definitive guidance and instead assess each situation carefully, considering applicable laws, and seeking advice when needed.
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2026-09-02T05:00:00Z
NewsIn-Depth ArticleUSAHR ManagementEnglishMental Health ParityAssociate Benefits & CompensationIndustry NewsEmployee BenefitsEmployee BenefitsBenefits communicationHR GeneralistFlexible BenefitsAssociate RelationsFocus AreaHuman Resources
How to accommodate your anxious employee — Tapping into benefits, resources
Everyone experiences some level of anxiety during their life; that’s normal. What isn’t “normal” is when the anxiety becomes so severe it affects a person’s day-to-day tasks. In the workplace, that could look like:
- Increased absences
- Tardies
- Conflicts with coworkers
- Missed deadlines
When an employer notices these types of behaviors (or an employee says they’re struggling), the employer should address it, but not jump to conclusions or diagnose an employee with an anxiety disorder.
The employer should start with a private conversation and ask, “What can we do to help?” Focus on problem-solving solutions, which could mean tapping into company benefits/programs, connecting the employee with community resources, or finding a workplace accommodation.
Where to start?
If an employee is missing work or needs time off due to their anxiety disorder or stress-related condition, employers should start thinking of the federal Family and Medical Leave Act (FMLA).
The FMLA provides job-protected, unpaid leave for physical and mental health conditions, among other reasons. An FMLA-eligible employee may take up to 12 workweeks of leave in a 12-month period for qualifying reasons. The time off could be for therapy appointments or to manage their symptoms.
The employer can ask that the employee support the leave with a certification, which can help the employer know what time off is needed and approximately when. The certification also lets an employer know if the condition qualifies for FMLA leave. Not everyone with anxiety will need (or qualify for) FMLA leave.
The FMLA mandates that employers continue group health care benefits during an employee’s leave. Other benefits may still be offered, and employees may have certain rights governing those benefits.
There might also be state-related leave laws that could come into play that would protect an employee’s time off to treat their anxiety.
What about workplace accommodations?
The federal Americans with Disabilities Act (ADA) somewhat picks up where the FMLA leaves off; however, the two laws can run together or be separate.
The ADA requires employers to reasonably accommodate the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless doing so would impose an undue hardship on the operation of the employer's business.
Time off could be seen as a workplace accommodation for an employee with an anxiety disorder, but there could be other ideas, such as:
- Flexible scheduling
- Remote work
- Additional break times
- Adjustments to company policies
Employers determine accommodations on a case-by-case basis through an interactive process with the employee or applicant. Ultimately, though, the employer has the final say in what type of accommodation they will implement.
What else should employers do?
Beyond the FMLA, ADA, and state laws, when employees are mentally struggling, employers should tap into other resources that the company offers, such as an employee assistance program.
Many communities also have various support systems in place that could provide additional help. Employers should keep a list of their available options handy for when an employee shows signs that they’re struggling or if they walk in and say, “I’m not okay.”
Key to remember: Having a plan in place and knowing what steps to follow can help employers support employees dealing with anxiety disorders or stress-related conditions.
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2026-09-02T05:00:00Z
NewsFamily and Medical Leave Act (FMLA)LeaveFamily and Medical Leave Act (FMLA)Time offHR ManagementEnglishLeaveAssociate Benefits & CompensationChange NoticesChange NoticeHR GeneralistIllinoisAssociate RelationsFocus AreaHuman Resources
Illinois expands volunteer emergency workers' job protections
Effective date: January 1, 2027
This applies to: Employers with employees in Illinois
Description of change: Under current law, employers may not terminate or penalize employees who are volunteer emergency workers for being absent from or late to work to respond to an emergency before they’re to report to work.
Effective January 1, 2027, this is expands to:
- Include time employees participate in training required to be volunteer emergency workers.
- Prohibit employers from requiring employees to take vacation time or other compensatory time to respond to an emergency or participate in training.
View related state info: FMLA - Illinois
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2026-09-01T05:00:00Z
NewsIndustry NewsFleet OperationsEnglishFocus AreaIn-Depth ArticleHighway use - Mileage taxFleet TaxesInternational Fuel Tax Agreement (IFTA)Fleet taxesTransportationUSA
Oregon joining IFTA: What carriers need to know
Big news for interstate carriers: Oregon is joining the International Fuel Tax Agreement (IFTA) as a full participant, and simplifying its weight-mile tax (WMT) along the way.
On November 7, 2025, Oregon House Bill (HB) 3991 was signed into law, to provide emergency funding for Oregon’s roads, bridges, and transit operations at the state and local level. Several of the fee and tax increases in the bill were repealed in May 2026. However, changes impacting motor carriers, including WMT simplification and other rate changes, were not repealed and are moving forward on schedule.
The first set of tax policy changes goes into effect July 1, 2027, with others following in July 2029.
Weight-mile tax (WMT) simplification
The WMT structure is simplified starting July 1, 2027. This will make compliance, recordkeeping, and administration much easier for both carriers and ODOT:
- Tax weight will be the same as registration weight.
- Instead of declaring and reporting multiple weights for different configurations, each vehicle pays WMT based only on the registered weight/rate.
- This simplification reduces the number of tax rates from 85 rates to 10 rates.
- The $5 suspension fee will be eliminated.
- Several transportation fees including flat fees, WMT, and Road Use Assessment Fees (RUAF) will see rate changes.
Action required: Carriers will be asked to amend their enrolled vehicle weights in spring 2027. The new WMT structure takes effect July 1, 2027.
Oregon joining IFTA
ODOT will also implement a hybrid tax system in accordance with House Bill 3991. Heavy trucks will start paying fuels tax along with reduced WMT. Oregon will become a full participant in the IFTA program and begin collecting and distributing IFTA monies from all carriers, as opposed to only collecting IFTA taxes and fees for Oregon-based carriers.
Flat fee, WMT, and RUAF changes will align rates to ensure a fair and equitable fee structure for all users of the system. Other important changes that will occur at the same time include:
- Oregon Registration Commercial Authority Application (ORCAA) Implementation Project will create a more versatile and modern commercial vehicle registration and IFTA system.
- Diesel becomes a motor vehicle fuel taxed at first sale in Oregon.
- WMT Electric Rates Table will be deployed for heavy electric commercial vehicles (EVs).
- WMT rates for non-EVs will be reduced to accommodate for hybrid taxation model with the added diesel tax.
- Dyed diesel and IFTA enforcement will begin.
On July 1, 2029, RUAF, WMT rates, and flat fee rates change in alignment with diesel tax implementation.
Key to remember: Beginning July 1, 2027, Oregon carriers must use registered weight for WMT reporting and prepare for the state’s transition to full IFTA participation.
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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.