# Regulations for truck drivers hauling bees?



## FBasenji (Jun 11, 2009)

Hi all, I'm new here & was wondering if anybody could shed some light on this subject for me?

My husband recently started driving for a small flatbed company in SD that does quite a bit of bee hauling. He's new at it and it's been quite the learning experience for him- yes, he does get out of the truck & has his own nets and such....he's much braver than I would be! 

Anyway, he's been told by several people experienced in bee hauling that he is "exempt" from federal Hours of Service regulations & does not have to keep a logbook when he's hauling bees. I drove OTR for 5 yrs and he has been out here almost 6....and neither of us really trust that "advice" at face value. As far as I know, there aren't any hours-of-service exceptions for interstate tractor-trailer drivers outside of a 100 mile radius of their home base....

As far as I can tell, people are using part 391.2 of the FMCSR as their basis for saying "bee-haulers don't have to keep a logbook":
"(b) Apiarian industries. The rules in this part do not apply to a driver who is operating a commercial motor vehicle controlled and operated by a beekeeper engaged in the seasonal transportation of bees."

But the way this is worded....it sounds like it only applies if the BEE-KEEPER himself (or herself) is the person driving the truck? 

Plus, the hours-of-service regulations are in part 395 of the FMCSR, so if the rules in part 391 don't apply to bee-haulers, it still has nothing to do with keeping a logbook. 

So....I was wondering if anybody here has spent time hauling bees (their own or somebody elses) long distances in a tractor-trailer & has any solid knowledge of this rule. Or, if you ship with outside trucking companies, maybe you could find a driver who isn't TOO full of bull dung (gotta look hard!)  to clarify this for me. 

In the meantime, husband is going to play it safe & follow the logbook rules as he understands them . As an aside, his new job has actually gotten me interested in beekeeping as a possible future hobby. Never knew much about it until I snagged his Dadant catalog that he brought home when his boss took him to buy his bee suit . So I'm happy to have found this forum!


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## Rebel Rose (Apr 5, 2009)

I used to drive for an over the road trucking company that hauled bees, but not very often. That was back in the 80s and 90s, but since it was a 'hired transport' we all had to keep log books, follow the off duty rules, etc. I remember trucks that were owned and operated by apiaries loading hives at the same time we were loaded and they beat us to the next drop off as they did not stop....whereas we drove trucks not owned or operated by the apiary.

The only difference in hauling hives and hauling regular loads, was that we had to park at night in spaces away from the main buildings, away from human traffic and other trucks when we stopped to rest. Good luck to him for finding a place of business that allows bee haulers to stop for the night, or any extended time. Most places want you to just refuel and get the heck out of there ASAP!

I only hauled hives twice when I was driving over the road...tried to get out of it after the first load, but not because of the bees, it was because of the way people wanted you to get on down the road with those bees!

Brenda


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## pom51 (Jul 28, 2008)

I think it might be wise to email dot in your home state and ask them the question,by doing that you should have the correct info and will not be taking a chance of a big fine and shut down.


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## dbest (Aug 9, 2005)

Most DOT officers have an associates degree and a 6 week training course, they rarely know anything. I've had to read laws out of books to educate several of them.


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## idav5d (Nov 24, 2008)

lol.. several of my friends have Phd's and don't know anything either


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## Countryboy (Feb 15, 2009)

_"(b) Apiarian industries. The rules in this part do not apply to a driver who is operating a commercial motor vehicle controlled and operated by a beekeeper engaged in the seasonal transportation of bees."_

In law, the words 'and' and 'or' are interchangeable, so it should read ...vehicle controlled and/or operated by a beekeeper...

You may want to check if the word 'controlled' is defined in that code section. See if it means the apiary has to own the truck to control it, or if a truck is hired to haul for them, if the apiary is still considered to be controlling thaty truck.


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## dbest (Aug 9, 2005)

idav5d said:


> lol.. several of my friends have Phd's and don't know anything either


I would be quicker to trust them with a gun and authority though.


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## Jake S (Apr 3, 2008)

The words "and" and "or" are most definately NOT interchangeable in law..:no:

But what do I know, me and my people only have an associate's degree and a 6 week training course...................:scratch:


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