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Federal regulations
Virginia has adopted Part 395 of the Federal Regulations.
Applicability
Part 395 applies to vehicles over 26,000 pounds gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, whichever is greater, and vehicles of any size used to transport hazardous materials in a quantity requiring placarding.
Exception — A driver involved in the intrastate transportation of construction materials and equipment as defined in Sec. 395.2 of the Federal Motor Carrier Safety Regulations may not drive after 12 hours of driving time or 16 hours of on-duty time following 10 consecutive hours off-duty. Also, the driver may not drive if he/she has been on duty for 70 hours in a seven consecutive day period (if the employing motor carrier does not operate commercial motor vehicles every day of the week) or 80 hours in an eight consecutive day period (if the employing motor carrier operates commercial motor vehicles every day of the week).
Exception — The hours-of-service requirements (Part 395) shall not apply during planting and harvesting season to drivers transporting:
- Agricultural commodities from the source of the agricultural commodities to a location within 150 air miles from the source;
- 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; or
- 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.
Virginia’s planting and harvesting season is January 1 through December 31 of each calendar year.
Electronic logging device (ELD)
Virginia has adopted the electronic logging device (ELD) requirements in Part 395 for intrastate motor carriers and drivers.
See Safety Overview for information about the adoption of Federal safety regulations and applicability.