[Congressional Record Volume 149, Number 94 (Tuesday, June 24, 2003)]
[Senate]
[Page S8444]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BURNS (for himself, Mr. Graham of South Carolina, Mr. 
        Hagel, and Mr. Fitzgerald):
  S. 1325. A bill to amend the National Highway System Designation Act 
of 1995 to modify the applicability of requirements concerning hours of 
service to operators of commercial motor vehicles transporting 
agricultural commodities and farm supplies; to the Committee on 
Commerce, Science, and Transportation.
  Mr. BURNS. Mr. President, today I am introducing legislation that 
will protect an existing exemption for farmers and agribusinesses from 
the Department of Transportation's, DOT, limitations on maximum driving 
time in transporting agricultural commodities or farm supplies during 
peak planting and growing seasons.
  In 1995, Public Law 104-59 passed by Congress granted farmers and 
retail farm suppliers a limited exemption from DOT limitations on 
maximum driving time in transporting agricultural commodies or farm 
supplies within a 100-mile radius of a final distribution point. This 
legislation recognized the special needs of rural America, 
understanding that drivers employed by farm retailers generally operate 
in local areas to farmers' fields delivering and applying crop inputs. 
Much of their time is spent waiting at the field or the farm store 
loading and unloading their trucks. In short, farm retail drivers stay 
in a local area and return to their homes each night to sleep. The work 
of these crop input suppliers is essential to the Nation's farmers, who 
often have short windows of time to plant and harvest their crop around 
changing weather patterns.
  The agricultural exemption is seasonal, applying only during 
designated months throughout the year as determined by each State. 
Every State has now taken this action, and to my knowledge this 
exemption has not had any impact on public safety.
  It is important to note that under my clarifying legislation, the 
farm supply/farm commodity exemption would remain limited in scope.
  My legislation reiterates original Congressional support for the 
agricultural exemption. The DOT has no expertise in this area nor, in 
my opinion, does the definition of agricultural commodity come under 
the jurisdiction of this agency. In addition, the term ``agricultural 
commodity'' is already defined by Section 102 of the Agricultural Trade 
Act of 1978 (7 U.S.C. 5602). Therefore, in my legislation, Section 345 
(e) of the National Highway System Designation Act of 1995 is amended 
to reflect the definition in the Agricultural Trade Act.
  A bipartisan group of House Members are also seeking clarifying 
legislation in this regard with Representative Bereuter of Nebraska 
taking the lead.
  I urge all my colleagues to join me in passing this legislation to 
protect the agricultural exemption to hours of service rules and 
prevent DOT from diminishing or revoking the exemption.




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