KRS 281.730: Federal regulations on maximum driving and on -time duty -- Exemptions

for agricultural commodities and farm supplies during planting and

harvesting season.

(1) As used in this section:

(a) "Agricultural commodity" means any agricultural commo dity, nonprocessed

food, feed, fiber, or livestock;

(b) "Farm supplies for agricultural purposes" means a product directly related to

the growing or harvesting of agricultural commodities; and

(c) "Planting and harvesting season" means the period of time t hat begins on

January 1 and ends on December 31 of each year.

(2) The secretary of the Transportation Cabinet may adopt by reference or set forth in

its entirety the provisions of 49 C.F.R. sec. 350.341 and pt. 395 in effect as of July

15, 1986, or as amended with respect to any motor vehicle registered in Kentucky.

(3) The provisions of 49 C.F.R. pt. 395 adopted or set forth by the secretary of the

Transportation Cabinet shall not apply during Kentucky's planting and harvesting

season to drivers transporting:

(a) Agricultural commodities from the source of the agricultural commodities to a

location within a one hundred fifty (150) air -mile radius from the source, or

within the maximum radius from the source that is permitted by federal law,

whichever is greater;

(b) Farm supplies for agricultural purposes from a wholesale or retail distribution

point of the farm supplies to a farm or other location where the farm supplies

are intended to be used within a one hundred fifty (150) air -mile radius from

the distr ibution point, or within the maximum radius from the distribution

point that is permitted by federal law, whichever is greater; or

(c) Farm supplies for agricultural purposes from a wholesale distribution point of

the farm supplies to a retail distribution point of the farm supplies within a

one hundred fifty (150) air -mile radius from the wholesale distribution point,

or within the maximum radius from the wholesale distribution point that is

permitted by federal law, whichever is greater.

(4) The provision s of this section shall be void if the Secretary of the United States

Department of Transportation determines through a rulemaking proceeding that

Section 345(a.)(1.) of the National Highway System Designation Act of 1995

presents a hazard to the traveling public.