FMCSA Responds to CVSA Letter Requesting Clarification on Agricultural Operations Exemption for HOS

On Sept. 4, FMCSA responded (PDF) (opens in a new tab) to CVSA’s letter (PDF) (opens in a new tab) requesting clarification on the enforcement of the hours-of-service (HOS) regulations for drivers operating under the agricultural operations exemption in § 395.1(k). FMCSA shared that if the driver voluntarily provides a record of duty status during the inspection, the inspector may document HOS violations that occurred while the driver was operating outside of the exemption. However, the inspector cannot place the driver out of service for those HOS violations because the driver is not subject to Part 395 at the time of the inspection.