Agricultural Hauler Houston Truck Accident Lawyer

CDL-Licensed Truck Accident Lawyer.

18 Wheeler Accident Lawyer Reshard Alexander is licensed to drive big trucksĀ and understands the cause when you are injured in a commercial motor vehicle wreck.

Agricultural Hauler Houston Truck Accident Lawyer

Seeking a Free Consultation with one of Texas’Ā Houston Truck Accident Lawyers? Call the Big Rig Bull Texas Truck Accident Lawyer Reshard Alexander today at 713.766.3322.

§ 395.2 Definitions.

As used in this part, the following words and terms are construed to mean:

Adverse driving conditionsĀ means snow, sleet, fog, otherĀ adverse weatherĀ conditions, a highway coveredĀ with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to theĀ personĀ dispatching the run at the time it was begun.

Agricultural commodityĀ means anyĀ agricultural commodity, nonprocessed food, feed, fiber, orĀ livestockĀ (includingĀ livestockĀ as defined in sec. 602 of theĀ Emergency Livestock Feed Assistance Act of 1988Ā [7 U.S.C. 1471] and insects).

Automatic on-board recording deviceĀ means an electric, electronic, electromechanical, or mechanical device capable of recordingĀ driver‘s duty status information accurately and automatically as required by § 395.15. The device must be integrally synchronized with specific operations of theĀ commercial motor vehicleĀ in which it is installed. At a minimum, the device must record engine use, road speed, miles driven, the date, and time ofĀ day.

Driver-salespersonĀ means anyĀ employeeĀ who is employed solely as such by a private carrier of property byĀ commercial motor vehicle, who is engaged both in selling goods, services, or the use of goods, and in delivering byĀ commercial motor vehicleĀ the goods sold or provided or upon which the services are performed, who does so entirely within a radius of 100 miles of the point at which he/she reports for duty, who devotes not more than 50 percent of his/her hours on duty toĀ driving time. The termĀ selling goodsĀ for purposes of this section shall include in all cases solicitation or obtaining of reorders or new accounts, and may also include other selling or merchandising activities designed to retain the customer or to increase the sale of goods or services, in addition to solicitation or obtaining of reorders or new accounts.

Driving timeĀ means all time spent at the driving controls of aĀ commercial motor vehicleĀ in operation.

Eight consecutive daysĀ means the period of 8 consecutiveĀ daysĀ beginning on anyĀ dayĀ at the time designated by theĀ motor carrierĀ for a 24-hour period.

Seeking a Free Consultation with one of Texas’Ā Houston Truck Accident Lawyers? Call the Big Rig Bull Texas Truck Accident Lawyer Reshard Alexander today at 713.766.3322.

Electronic logging device (ELD)Ā means a device or technology that automatically records aĀ driver‘sdriving timeĀ and facilitates the accurate recording of theĀ driver‘s hours of service, and that meets the requirements ofĀ subpart BĀ of this part.

ELD recordĀ means a record of duty status, recorded on anĀ ELD, that reflects the data elements that anĀ ELDĀ must capture.

Farm supplies for agricultural purposesĀ mean products directly related to the growing or harvesting of agricultural commodities during the planting and harvesting seasons within eachĀ State, as determined by theĀ State, andĀ livestockĀ feed at any time of the year.

Groundwater well drilling rigĀ means any vehicle, machine, tractor,Ā trailer, semi-trailer, or specialized mobile equipment propelled or drawn by mechanical power and used onĀ highwaysĀ to transport water well field operating equipment, including water well drilling and pump service rigs equipped to access groundwater.

Hi-rail vehicleĀ means an internal rail flaw detection vehicle equipped with flange hi-rails.

LivestockĀ means cattle, elk,Ā reindeer,Ā bison, horses, deer, sheep, goats, swine, poultry (including egg-producing poultry), fish used for food, and other animals designated by theĀ SecretaryĀ of Agriculture that are part of a foundation herd (including dairy producing cattle) or offspring; or are purchased as part of a normal operation and not to obtain additional benefits under theĀ Emergency Livestock Feed Assistance Act of 1988, as amended.

Multiple stopsĀ means all stops made in any one village, town, or city may be computed as one.

Seeking a Free Consultation with one of Texas’Ā Houston Truck Accident Lawyers? Call the Big Rig Bull Texas Truck Accident Lawyer Reshard Alexander today at 713.766.3322.

On-duty timeĀ means all time from the time aĀ driverĀ begins to work or is required to be in readiness to work until the time theĀ driverĀ is relieved from work and all responsibility for performing work.Ā On-duty timeĀ shall include:

(1)Ā All time at a plant, terminal, facility, or other property of aĀ motor carrierĀ orĀ shipper, or on any public property, waiting to be dispatched, unless theĀ driverĀ has been relieved from duty by the motorĀ carrier;

(2)Ā All time inspecting, servicing, or conditioning anyĀ commercial motor vehicleĀ at any time;

(3)Ā AllĀ driving timeĀ as defined in the termĀ driving time;

(4)Ā All time in or on aĀ commercial motor vehicle, other than:

(i) Time spent resting in or on a parked vehicle, except as otherwise provided in § 397.5 of this subchapter;

(ii)Ā Time spent resting in aĀ sleeper berth;Ā or

(iii)Ā Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on theĀ highwayĀ immediately before or after a period of at least 8 consecutive hours in theĀ sleeper berth;

(5)Ā All time loading or unloading aĀ commercial motor vehicle, supervising, or assisting in the loading or unloading, attending aĀ commercial motor vehicleĀ being loaded or unloaded, remaining in readiness toĀ operateĀ theĀ commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;

(6)Ā All time repairing, obtaining assistance, or remaining in attendance upon a disabledĀ commercial motor vehicle;

(7)Ā All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required byĀ part 382Ā of this subchapter when directed by aĀ motor carrier;

(8)Ā Performing any other work in the capacity, employ, or service of, aĀ motor carrier; and

(9)Ā Performing any compensated work for aĀ personĀ who is not aĀ motor carrier.

Ready-mixed concrete delivery vehicleĀ means a vehicle designed to deliver ready-mixed concrete on a daily basis and equipped with a mechanism under which the vehicle’s propulsion engine provides the power toĀ operateĀ a mixer drum to agitate and mix the product en route to the delivery site.

Seven consecutive daysĀ means the period of 7 consecutiveĀ daysĀ beginning on anyĀ dayĀ at the time designated by theĀ motor carrierĀ for a 24-hour period.

Signal employee,Ā as defined inĀ 49 U.S.C. 21101(4), means an individual who is engaged in installing, repairing, or maintaining signal systems.

Sleeper berth means a berth conforming to the requirements of § 393.76 of this chapter.

Supporting documentĀ means a document, in any medium, generated or received by aĀ motor carrierĀ in the normal course of business as described in § 395.11Ā that can be used, as produced or with additional identifying information, by theĀ motor carrierĀ and enforcement officials to verify the accuracy of aĀ driver‘s record of duty status.

Transportation of construction material and equipmentĀ means the transportation of construction and pavement materials, construction equipment, and construction maintenance vehicles, by aĀ driverĀ to or from an active construction site (a construction site between mobilization of equipment and materials to the site to the final completion of the construction project) within a 75 air mile radius of the normal work reporting location of theĀ driver, except that aĀ State, upon notice to the Administrator, may establish a different air mile radius limitation for purposes of this definition if such limitation is between 50 and 75 air miles and applies only to movements that take place entirely within theĀ State. This paragraph does not apply to the transportation of material found by theSecretaryĀ to be hazardous underĀ 49 U.S.C. 5103Ā in a quantity requiring placarding under regulations issued to carry out such section.

Twenty-four-hour periodĀ means any 24-consecutive-hour period beginning at the time designated by theĀ motor carrierĀ for the terminal from which theĀ driverĀ is normally dispatched.

Utility service vehicleĀ means any commercial motor vehicle:

(1)Ā Used in the furtherance of repairing, maintaining, or operating any structures or any other physical facilities necessary for the delivery of public utility services, including the furnishing of electric, gas, water, sanitary sewer, telephone, and television cable or community antenna service;

(2)Ā While engaged in any activity necessarily related to the ultimate delivery of such public utility services to consumers, including travel or movement to, from, upon, or between activity sites (including occasional travel or movement outside the service area necessitated by any utilityĀ emergencyĀ as determined by the utility provider); and

(3)Ā Except for any occasionalĀ emergencyĀ use,Ā operatedĀ primarily within the service area of a utility’s subscribers or consumers, without regard to whether the vehicle is owned, leased, or rented by the utility.

Seeking a Free Consultation with one of Texas’Ā Houston Truck Accident Lawyers? Call the Big Rig Bull Texas Truck Accident Lawyer Reshard Alexander today at 713.766.3322.

The ā€œAgricultural commodityā€ exception in 49 CFR 395.1(k)(1) to the Hours of Service regulations

The Federal Motor Carrier Safety Administration (FMCSA) has provided regulatory guidance to clarify the applicability of the ā€œAgricultural commodityā€ exception in 49 CFR 395.1(k)(1) to the Hours of Service regulations. The regulatory guidance clarifies the exception regarding:

(1) drivers operating unladen vehicles traveling either to pick up an agricultural commodity, as defined in § 395.2, or returning from a delivery point;

(2) drivers engaged in trips beyond 150 air-miles from the source of the agricultural commodity;

(3) determining the ā€œsourceā€ of agricultural commodities under § 395.1(k)(1); and

(4) how the exception applies when agricultural commodities are loaded at multiple sources during a trip.

The ā€œAgricultural commodityā€ regulatory guidance primarily focuses on the application of the 150 air-mile radius exemption for the transportation of agricultural commodities, 49 CFR 395.1(k)(1).Ā  It does not address ā€œfarm supplies for agricultural purposesā€ under § 395.1(k)(2) or (3).Ā  This regulatory guidance is issued to ensure consistent understanding and application of the exception by motor carriers and State officials enforcing hours of service (HOS) rules identical to or compatible with FMCSA’s requirements.

Drivers operating unladen vehicles traveling either to pick up an agricultural commodity, as defined in § 395.2, or returning from a delivery point

The 395.1(k)(1) ā€œAgricultural commodityā€ exception applies to all portions of a round-trip involving agricultural commodities that occur within the 150 air-mile radius of the source, regardless of whether the CMV is loaded or empty, or whether the destination is outside the 150 air-mile radius.

Question:  Does the agricultural commodity exception (§ 395.1(k)(1)) apply to drivers while driving unloaded within 150 air-miles of the place where an agricultural commodity will be loaded, and to that portion of an unloaded return trip which occurs within a 150 air-mile radius of the place where the agricultural commodity was loaded?

Guidance:  Yes, provided that the trip does not involve transporting any non-agricultural cargo and the sole purpose of the trip is to make a pick-up or delivery of agricultural commodities, as defined in § 395.2.  In that case, driving and on-duty time are not limited, nor do other requirements of 49 CFR part 395 apply.

Seeking a Free Consultation with one of Texas’Ā Houston Truck Accident Lawyers? Call the Big Rig Bull Texas Truck Accident Lawyer Reshard Alexander today at 713.766.3322.

Drivers engaged in trips beyond 150 air-miles from the source of the agricultural commodity

The 395.1(k)(1) ā€œAgricultural commodityā€ exception is available to a driver transporting agricultural commodities for a distance up to 150 air-miles from the source, regardless of the distance between the source and final destination or place of delivery.Ā  However, upon crossing the 150 air-mile point, the driver is subject to the HOS rules for the remainder of the trip to the destination point. The hours accumulated within the 150 air-mile radius are not counted toward the driver’s hours of service.Ā  If the driver returns unladen, the driver is subject to the HOS rules until returning within the 150 air-mile radius in which the trip began.

Question:  Does the agricultural commodity exception (§ 395.1(k)(1)) apply if the destination for the commodity is beyond the 150 air-mile radius from the source?

Guidance:Ā Yes,Ā the exception applies to transportation during the initial 150 air-miles from the source of the commodity, regardless of the distance to the final destination. Ā Once a driver operates beyond the 150 air-mile radius of the source, 49 CFR part 395 applies.Ā  The driver is then subject to the limits under the hours-of-service rules and must record those hours.Ā  Once the hours-of-service rules begin to apply on a given trip, they continue to apply for the duration of that trip, until the driver crosses back into the area within 150 air-miles of the original source of the commodities.

Determining the ā€œsourceā€ of the agricultural commodities under § 395.1(k)(1)

Although an agricultural commodity may have several ā€œsourcesā€, the ā€œsourceā€ excludes the point at which the commodity is processed to such an extent that it is no longer in its original form or does not otherwise meet the definition of an agricultural commodity in 49 CFR 395.2.

Question:Ā Ā How is the ā€œsourceā€ of the agricultural commodities in § 395.1(k)(1) determined?

Guidance:Ā Ā The ā€œsourceā€ of an agricultural commodity, as the term is used in § 395.1(k)(1), is the point at which an agricultural commodity is loaded onto an unladen commercial motor vehicle.Ā  The location may be any intermediate storage or handling location away from the original source at the farm or field, provided the commodity retains its original form and is not significantly changed by any processing or packing.

How the 395.1(k)(1) ā€œAgricultural Commodityā€ exception applies when agricultural commodities are loaded at multiple sources during a trip

Multiple pick-ups are permissible but the 150 air-mile radius continues to be measured from the first pick-up point regardless of the number of times commodities are loaded or offloaded.

Question:Ā Ā How is the ā€œsource of the agricultural commoditiesā€ determined if the driver makes multiple pick-ups of the commodity en route to the final destination?

Guidance:Ā Ā When a driver loads some of an agricultural commodity at a ā€œsourceā€ and then loads more of that commodity at additional stops, the first place where the commodity was loaded is the measuring point for the 150 air-mile radius.

Agricultural Hauler Houston Truck Accident Lawyer

Seeking a Free Consultation with one of Texas’Ā Houston Truck Accident Lawyers? Call the Big Rig Bull Texas Truck Accident Lawyer Reshard Alexander today at 713.766.3322.

It is advisable to consult Houston truck accident attorneyĀ Reshard Alexander whoĀ will help determine liability and the right compensation amount that you should get for your injuries. The insurance company of the at-fault driver may not be willing to pay forĀ damages and I can help you with the negotiation process. Call me today atĀ (713) 766-3322Ā for a free consultation.

Houston Truck Accident & Injury Guide

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Attorney Reshard AlexanderBig Rig Bull Texas Truck Accident Lawyer represents clients in all Texas counties, including: Anderson, Andrews, Angelina, Aransas, Archer, Armstrong, Atascosa, Austin, Bailey, Bandera, Bastrop, Baylor, Bee, Bell, Bexar, Blanco, Borden, Bosque, Bowie, Brazoria, Brazos, Brewster, Briscoe, Brooks, Brown, Burleson, Burnet, Caldwell, Calhoun, Callahan, Cameron, Camp, Carson, Cass, Castro, Chambers, Cherokee,Childress, Clay, Cochran, Coke, Coleman, Collin, Collingsworth, Colorado, Comal, Comanche, Concho, Cooke, Coryell, Cottle, Crane, Crockett, Crosby, Culberson, Dallam, Dallas, Dawson, Deaf Smith, Delta, Denton, DeWitt, Dickens, Dimmit, Donley, Duval, Eastland, Ector, Edwards, El Paso, Ellis, Erath, Falls, Fannin, Fayette, Fisher, Floyd, Foard, Fort Bend, Franklin, Freestone, Frio, Gaines, Galveston, Garza, Gillespie, Glasscock, Goliad, Gonzales, Gray, Grayson, Gregg, Grimes, Guadalupe, Hale, Hall, Hamilton, Hansford, Hardeman, Hardin, Harris County Truck Accident Lawyer, Harrison, Hartley, Haskell, Hays, Hemphill, Henderson, Hidalgo, Hill, Hockley, Hood, Hopkins, Houston, Howard, Hudspeth, Hunt, Hutchinson, Irion, Jack, Jackson, Jasper, Jeff Davis, Jefferson, Jim Hogg, Jim Wells, Johnson, Jones, Karnes, Kaufman, Kendall, Kenedy, Kent, Kerr, Kimble, King, Kinney, Kleberg, Knox, La Salle, Lamar, Lamb, Lampasas, Lavaca, Lee, Leon, Liberty, Limestone, Lipscomb, Live Oak, Llano, Loving, Lubbock, Lynn, Madison, Marion, Martin, Mason, Matagorda, Maverick, McCulloch, McLennan, McMullen, Medina, Menard, Milam, Mills, Mitchell, Montague, Montgomery, Moore, Morris, Motley, Nacogdoches, Navarro, Newton, Nolan, Nueces, Ochiltree, Oldham, Orange, Palo Pinto, Panola, Parker, Parmer, Pecos, Polk, Potter, Presidio, Rains, Randall, Reagan, Real, Red River, Reeves, Refugio, Roberts, Robertson, Rockwall, Runnels, Rusk, Sabine, San Augustine, San Jacinto, San Patricio, San Saba, Schleicher, Scurry, Shackelford, Shelby, Sherman, Smith, Somervell, Starr, Stephens, Sterling, Stonewall, Sutton, Swisher, Tarrant, Taylor, Terrell, Terry, Throckmorton, Titus, Tom Green, Travis, Trinity, Tyler, Upshur, Upton, Uvalde, Val Verde, Van Zandt, Victoria, Walker, Waller, Ward, Washington, Webb, Wharton, Wheeler, Wichita, Wilbarger, Willacy, Williamson, Wilson, Winkler, Wise, Wood, Yoakum, Young, Zapata, and Zavala counties; 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