HARVEST.docx

IDENTIFICATION OF PLANTING AND HARVESTING SEASONS
WITHIN THE STATE OF IDAHO BY THE ADMINISTRATOR,
REGULATED CARRIER DIVISION,
IDAHO PUBLIC UTILITIES COMMISSION
The National Highway System Act of 1995, Public Law 104-59, provides an exemption from regulations relating to maximum driving and on-duty time for drivers of motor carriers hauling agricultural commodities or farm supplies.  The exemption limits the regulations that can be prescribed by the secretary of the Department of Transportation under Title 49, Sections 31136 and 31502, United States Code.  The Idaho Public Utilities Commission Motor Carrier Rule No. 19 adopts those federal regulations, and thus must include the exemption enacted in Public Law 104-59.  
The exemption states that regulations regarding maximum driving and on-duty time for drivers of motor carriers “shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes in a state if such transportation is limited to an area within a 100-air mile radius from the source of the commodities or the distribution point for the farm supplies and is during the planting and harvesting seasons within such state, as determined by the state.”
Because it is enacted in federal law and thus limits federal regulations adopted by the Commission, the exemption automatically applies to motor carriers in Idaho.  It is left only to the Regulated Carrier Division to identify the planting and harvesting seasons for purposes of the exemption.  Therefore, after identifying and reviewing statistical information provided by the Idaho Department of Agriculture as well as other authorities, the Administrator of the Regulated Carrier Division identifies the following dates of the state planting and harvesting seasons for the purposes of the regulations adopted pursuant to Motor Carrier Rule 19:
March 15 – June 15
September 1 – November 30
These dates will be applicable for each calendar year unless the Administrator prior to March 1 of any calendar year determines, by reason of unusual climatic or other conditions, that the planting and harvesting seasons will vary from these dates.
Dated this                    day of March 1996.
Ron Law, Administrator
Regulated Carrier Division
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