Planting and Harvesting Season under the Motor Carrier Regulations
[40 Pa.B. 2193]
[Saturday, April 24, 2010]
Section 395.1 of the Federal Motor Carrier Safety Regulations provides an exemption from the hours of service, driver logs and employer recordkeeping requirements for drivers transporting agricultural commodities or farm supplies for use on the farm within 100 air miles of the farm when the transportation is conducted during the planting and harvesting season as determined by the state in which the farm is located. (49 CFR 395.1(k)) Section 395.1 has been adopted in the Commonwealth and applies to interstate and intrastate motor carrier transportation under 67 Pa. Code Chapters 229 and 231 (relating to interstate motor carrier safety requirements; and intrastate motor carrier safety requirements). In 1996, the planting and harvesting season in this Commonwealth was determined to be March 1 to November 30, based upon the recommendation of then Secretary of Agriculture Charles C. Brosius.
In consultation with current Secretary of Agriculture, Russell C. Redding, it has been determined that the planting and harvesting season in this Commonwealth is January 1 to December 31 inclusive. This determination reflects the current nature of modern production agriculture today in this Commonwealth. Moreover, this determination will make the planting and harvesting season in this Commonwealth consistent with that in the adjacent states of New York, New Jersey, Maryland and West Virginia.
ALLEN D. BIEHLER, P. E.,
[Pa.B. Doc. No. 10-742. Filed for public inspection April 23, 2010, 9:00 a.m.]
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