Livestock hauling and the agricultural hours of service exemption
Haulers of crops and livestock get the biggest hours of service break in the rulebook: inside 150 air-miles of the source, the clock doesn't run at all. It has limits that trip people up, and livestock adds its own rules on breaks, ELDs and the 28-hour law. Here's how it works, from FMCSA's regulations and guidance.
Key takeaways
- During the planting and harvesting periods each state sets, hours of service don't apply to agricultural commodities within 150 air-miles of the source (49 CFR 395.1(k)). Time inside the radius doesn't count toward your limits.
- Once you pass 150 air-miles, the normal rules apply. For livestock, the last 150 air-miles before the final destination are exempt too.
- Livestock haulers don't take the 30-minute break while animals are on board, and FMCSA says livestock and insect haulers aren't required to have an ELD until further notice.
- Ordinary livestock and unprocessed agricultural commodities are exempt from MC operating authority, but you still need a USDOT number.
How the 150 air-mile exemption works
Rules below were checked against the official sources at the bottom of this page on October 30, 2026. Under 49 CFR 395.1(k), during the planting and harvesting periods determined by each state, the hours of service rules don't apply to drivers hauling:
- Agricultural commodities from the source to a place within a 150 air-mile radius of the source.
- Farm supplies for agricultural purposes within 150 air-miles of the distribution point.
- Livestock within 150 air-miles of the final destination of the livestock.
"Agricultural commodity" means any agricultural commodity, non-processed food, feed, fiber or livestock (49 CFR 395.2), and "any agricultural commodity" covers horticultural products at risk of perishing or losing quality in transit. Check your state's planting and harvesting period.
FMCSA's guidance (June 2018, updated since) fills in the rest:
- The source can be the farm or ranch, or an intermediate storage or loading point such as a grain elevator or sale barn. With several pickups, the first loading point is the source.
- Time spent inside the radius doesn't count toward your daily and weekly limits, and empty trips to a pickup or back from a delivery inside the radius are exempt too.
- Once you go beyond 150 air-miles of the source, Part 395 applies: log on your ELD from that point and mark the earlier miles as exempt.
Extra rules for livestock haulers
- Both ends are exempt: for livestock, hours of service don't apply in the first 150 air-miles from the source or in the last 150 air-miles before the final destination (49 CFR 395.1(k)(4)). Only the middle of a long trip counts.
- No 30-minute break while livestock are on the truck (49 CFR 395.1(v)).
- ELD waiver: FMCSA says transporters of livestock and insects are not required to have an ELD, and that the waiver remains in place until further notice. Keep paper logs for the parts of a trip where hours of service apply.
- What counts as livestock: cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine, poultry, llamas, alpacas, live fish, crawfish and other animals in a normal operation (7 U.S.C. 1471), plus insects and other animals raised for commercial purposes, including aquatic animals (49 CFR 395.2).
The Twenty-Eight Hour Law
Separate from hours of service, the federal Twenty-Eight Hour Law (49 U.S.C. 80502) says animals moving interstate by a covered carrier can't be confined for more than 28 consecutive hours without being unloaded for feed, water and rest for at least 5 consecutive hours. Loading and unloading time doesn't count. The 28 hours can be extended to 36 at the owner's written request, sheep get 8 more hours when the 28 end at night, and the rule doesn't apply when the vehicle provides food, water, space and a chance to rest. USDA enforces it. Plan long cattle runs around a rest stop with pens.
Covered farm vehicles
A farmer's own truck can be a covered farm vehicle (49 CFR 390.39), exempt from CDL rules, drug and alcohol testing, DOT medical rules, hours of service, and inspection and maintenance rules. It has to be run by the farm or ranch owner or operator, a family member or an employee, carry farm plates or other state farm identification, haul the farm's commodities, livestock, machinery or supplies, carry no placarded hazmat, and not be used for hire. At 26,001 lb or less it can go anywhere in the US; above that it must stay in its home state or within 150 air-miles of the farm. A for-hire carrier can't use this exemption.
MC authority and exempt commodities
Federal law exempts ordinary livestock and agricultural or horticultural commodities (not manufactured products) from FMCSA's operating authority rules (49 U.S.C. 13506(a)(6)). FMCSA's ruling counts cattle, swine, sheep, goats, horses and mules as ordinary livestock, but not animals valued mainly for breeding, racing or shows, zoo or rodeo animals, or slaughtered meat. FMCSA says for-hire carriers that exclusively haul exempt commodities don't need MC authority. You still need a USDOT number for interstate trucks of 10,001 lb or more, and once you haul one regulated load you need MC authority. See getting your authority.
Hauling produce or other farm freight in a reefer or dry van? Reefer dispatch and dry van dispatch are a simple percentage of each load, quoted for your truck, and your first load is free if you have your own active MC. Call (747) 210-0227.
- 49 CFR 395.1: Scope (agricultural exemption, livestock break)
- 49 CFR Part 395 (395.2 definitions)
- 7 U.S.C. 1471: Livestock definition (Cornell LII)
- FMCSA: Regulatory guidance on agricultural commodities and livestock
- FMCSA: Agricultural commodity exception 395.1(k)(1)
- FMCSA: ELDs, HOS and agriculture exemptions
- FMCSA: Livestock and insect haulers (ELD)
- 49 CFR 390.39: Covered farm vehicles (Cornell LII)
- FMCSA: What is a covered farm vehicle?
- 49 U.S.C. 80502: Twenty-Eight Hour Law (Cornell LII)
- USDA NAL: Twenty-Eight Hour Law
- 49 U.S.C. 13506: Exemptions (Cornell LII)
- FMCSA: Administrative Ruling 119 (ordinary livestock)
- FMCSA: What is operating authority (MC number) and who needs it?
This page is general information, not legal or tax advice. Rules change; confirm with FMCSA, the IRS or your state before you file.
Questions carriers ask
What is the agricultural exemption for hours of service?
During the planting and harvesting periods each state sets, hours of service don't apply to hauling agricultural commodities within 150 air-miles of the source (49 CFR 395.1(k)). Time inside the radius doesn't count toward your limits.
What happens after 150 air-miles?
FMCSA says Part 395 applies once you go beyond 150 air-miles of the source. Start logging on your ELD from that point and mark the earlier miles as exempt.
Do livestock haulers need an ELD?
FMCSA says transporters of livestock and insects are not required to have an ELD, and the waiver remains in place until further notice. You still keep logs for the parts of a trip where hours of service apply.
Do livestock haulers take the 30-minute break?
Not while livestock are on the vehicle (49 CFR 395.1(v)).
Do I need MC authority to haul cattle?
Not if you haul only exempt commodities such as ordinary livestock and unprocessed farm products (49 U.S.C. 13506(a)(6)). You still need a USDOT number, and any regulated load requires MC authority.