Farm truckers under scrutiny for failing to report crashes
Itinerant truck drivers who help farmers bring in their crops will continue to enjoy an exemption from the age requirement but will be under close watch by regulators. Such scrutiny could easily befall other carriers that fail to comply with the terms of an exemption.
In early October, the Federal Motor Carrier Safety Administration (FMCSA) re-issued an exemption for “custom harvesters,” companies that travel from farm to farm to help bring in crops. The exemption allows drivers under 21 years of age to cross state lines despite having a “K” restriction on their commercial driver’s license (CDL).
The “K” restriction is an “in-state only” restriction, meaning the driver would normally need to stay within the borders of their home state.
14 crashes raised flags
The exemption was first issued in October 2018 for a five-year term. When it came up for renewal, however, the FMCSA decided to renew it for just another two years.
The reason? Motor carriers using the exemption failed to comply with a key term set by the FMCSA: companies using the exemption must notify the agency within five days of a crash. It’s a common restriction placed on many of the exemptions the agency issues.
The FMCSA chalked the problem up to “miscommunications and misunderstandings” between the agency and the trade association that received the exemption, U.S. Custom Harvesters, Inc. (USCHI). However, the FMCSA uncovered 14 unreported crashes involving drivers under 21 operating for USCHI member companies. The agency concluded, however, that it doesn’t have enough information to know whether the exemption was to blame.
New study is already underway
The FMCSA says it plans to use the shortened exemption period to study the issue further and see if the exemption is harming public safety. The agency has already begun collecting data on the subset of custom-harvester drivers under the age of 21. If they find that safety has been impaired, they may decide to let the exemption expire in 2025 or even rescind it early.
Wrongly cited
The custom-harvester exemption is unique in that FMCSA regulations already allow CDL-holding drivers under 21 to cross state lines for custom harvesting, even with a “K” restriction. The problem is that enforcement officers aren’t always aware of that provision, leading to drivers being wrongly cited for leaving their state with a restricted license.
The exemption aims to clarify the issue by requiring custom harvesters to carry specific documentation.
Drivers eligible for the exemption are identified in 49 CFR 391.2 as those transporting:
- Farm machinery, supplies, or both, to or from a farm for custom-harvesting operations on the farm; or
- Custom-harvested crops to storage or market .
Required documents: Pick 3
To benefit from the exemption, drivers must carry a copy of the FMCSA’s exemption notice as published in the Federal Register on October 11, 2023. Until January 1, 2024 (the first 90 days of the exemption), they also must be able to provide at least three of the following to an enforcement official during a roadside inspection:
- A document with the current date showing the driver is engaged in custom harvesting, such as a current agricultural commodity scale sheet, a custom harvesting load sheet, an official company document stating the company purpose, etc.;
- The location of the current harvesting operation or delivery location for a harvested commodity;
- License plates specific to custom harvesting, or the verbiage “Harvesting” as part of the business signage on the vehicle;
- Evidence that the vehicle is designed to haul a harvested agricultural commodity or carries equipment for harvesting, or is a support vehicle for custom-harvesting operations such as a service truck;
- Evidence that the vehicle is hauling a harvested agricultural commodity or equipment for the purpose of custom harvesting; and/or
- Evidence that there’s a newly harvested commodity or remnants on board.
These listed items will not be required after January 1st because by then the FMCSA and enforcement officials will have a list of all motor carriers who are eligible to use the exemption.
As noted previously, custom harvesters must notify the FMCSA within five business days of any recordable accident involving any driver operating under the terms of the exemption.
Could your exemption be at risk?
If you operate under a special exemption, be sure to review the terms carefully so you don’t end up falling under similar scrutiny from the FMCSA. Most exemptions have very specific terms that must be followed, including crash-reporting rules and documentation requirements.
Key to remember: The FMCSA has renewed an exemption that allows certain drivers under 21 to cross state lines. The drivers and their employers are under the microscope, however, for failing to comply with the terms of the exemption, something that could easily happen to other exemption holders.