Mar 25, 2019

Modification of rules for trucking of perishable produce sought

Michigan Farm Bureau (MFB) has joined 24 ag-related organizations from across the country and signed on to a petition to the Federal Motor Carrier Administration, Department of Transportation, asking for modification to the Hours of Service (HOS) and Electronic Logging Device (ELD) rules for producers, handlers and shippers of perishable fruit and vegetables.

Considered essential to the safe and timely delivery of perishable fruits and vegetables across the United States, and the requested modifications will give increased flexibility to truck drivers for the delivery of perishable commodities, according to Michigan Farm Bureau’s Ag Labor and Safety Services Manager, Craig Anderson.

The intent ensures driver and public safety and combats the challenges growers and shippers face across the supply chain. The petitioners have asked for the following changes to the HOS rules:

• Add an allowance for drivers to rest at any point during their trip without counting this rest time against their HOS allotments
• Exclude loading and unloading times from the 14-hour on-duty HOS calculations
• Allow drivers to complete their trip, regardless of HOS requirements, if they come within 150 air miles of their delivery point

“Many of our perishable fruits and vegetables cannot withstand the established reset time occurring due to irregular harvest and market activities, leading to extended duty time,” Anderson explained. “Tight labor supplies have reduced the number of drivers available for harvest activities. Many farms are struggling to secure enough seasonal drivers and are relying on commercial operations for delivery to packers and processors. Unexpected buyer location changes can significantly alter drive times on a daily basis, leading to scheduling challenges for farm shippers.”

The petition takes into consideration safety of both the driver and consumer to deliver quality produce while following USDA requirements. Current HOS and ELD requirements contribute to higher volumes of undesirable food waste and delays in shipping and delivery can destroy the quality of fresh fruits and vegetables.

Modifying the HOS and ELD regulations for perishable commodities, says Anderson, will better align FMCSA with the Food Safety Modernization Act Produce Rule, which spells out food safety requirements.

Current HOS rules do not allow a driver to turn off the ELD when stopping to rest along a route. The petition asks for driver ability to pause the ELD during rest periods and loading times. This would add an allowance for drivers to rest at any point during their trip without counting this rest time against their HOS allotments.

In addition, it asks the FMCSA to consider excluding loading and unloading times from the 14- hour on-duty HOS calculations. To help address both concerns, the petition asks for adding flexibility to the Split Sleeper Berth Provision that allows for splitting sleeper berth time, adding up to a 10-hour rest period, and allowing for more flexibility to take shorter breaks when drivers need them.

“As a peninsula state, Michigan is provided with both significant beneficial short season growing conditions and desirable vacation destinations,” said Anderson. “But, most of our perishable fruits and vegetables are grown along our coasts. Area festivals tend to follow harvest periods. In some cases, these festivals have resulted in highway congestion, creating massive delays for perishable commodity shipping.”

Grand Traverse county, for example, with a regular population of about 70,000, hosts the National Cherry Festival, swelling the population during much of the cherry harvest with over 500,000 attendees.

A trip from farm to processing facility normally taking 30 minutes might take 4 to 5 hours. Thursday through Monday travel on north/south U.S. and state roads through most of the summer can come to a crawl, making normal 3 to 4 hour trips into 10-plus hours.”

The petition is specific to those hauling perishable commodities. MFB is working separately to secure a new rule to cover the transportation of livestock.

“Farm Bureau has supported a separate petition requesting flexibility on Hours of Service (HOS) for livestock and insect haulers,” said MFB National Legislative Counsel, John Kran. “In addition, we support legislation that would delay implementation and require the Secretary of Transportation to write rules changing HOS and Electronic Logging Device (ELD) regulations for haulers of agricultural commodities and livestock.”

If the recommendations for modifications to the HOS and ELD regulations are not made, the signers of the petition suggest delaying enforcement of current HOS and ELD rules for trucks hauling perishable fruits and vegetables for two to four years to allow for improvement in the regulations.

In addition to MFB, other organizations signing the petition include:

American Farm Bureau Federation, California Citrus Mutual, California Farm Bureau Federation, California Fresh Fruit Association, California Specialty Crops Council, Eastern Cantaloupe Growers Association, Florida Blueberry Growers Association, Florida Citrus Mutual, Florida Farm Bureau Federation, Florida Fruit & Vegetable Association, Florida Strawberry Growers Association, Florida Tomato Exchange, Florida Watermelon Association, Georgia Farm Bureau Federation, Georgia Fruit and Vegetable Growers Association, Michigan Farm Bureau, Michigan Processing Apple Growers, National Watermelon Association, Produce Marketing Association, Sunshine Sweet Corn Farmers of Florida, Texas Farm Bureau, Texas International Produce Association, United Fresh Produce Association and Western Growers Association.