New Fram Transportation Rules

Joho

Member
From the Virginia Farm Bureau:
Thursday, July 21, 2011
WASHINGTON—Proposed U.S. Department of Transportation guidance for farm vehicles and equipment have raised concerns among farmers nationwide.
The guidance addresses three aspects of farm-related transportation: whether hauling farm products within a single state is interstate or intrastate commerce; whether agricultural vehicles and equipment should be designated as commercial motor vehicles; and whether a farmer hauling commodities owned in part by a landlord should be regulated like a commercial trucker.
Virginia’s largest farm organization has taken particular issue with the Federal Motor Carrier Safety Administration’s position that all sales of agricultural products should be defined as interstate commerce—even when farm goods are transported a short distance within a state using a pickup truck. Under that definition, farmers and ranchers stand to lose the exemptions they were given by Congress in federal highway legislation.
"When you sell your grain at the Richmond elevator, you have no idea where it’s going. And if it ends up being shipped to Kentucky or California or out of the country, you have no control over that," noted Andrew Smith, senior assistant director of governmental relations for Virginia Farm Bureau Federation. "Likewise, you have no control over where, or in what form, livestock animals are sold once you sell them."
Designating farm tractors, combines, trailers, pickup trucks and any vehicle pulling a farm implement as a commercial motor vehicle would require farmers and their employees who drive for them to acquire commercial driver’s licenses and comply with DOT regulations that apply to commercial truck drivers. It also would keep farm family members younger than 18 from helping out during critical times like planting and harvesting by running specific farm equipment.
The American Farm Bureau Federation has asserted that individual states should have the final say in the matter.
"A federal one-size-fits-all approach would likely result in a narrow definition which does not address the diverse range of machinery needed by modern agriculture," said Elizabeth Jones, AFBF transportation specialist.
Federal officials also are considering whether a farmer hauling commodities that are owned in part by his or her landlord should be considered "for hire" and subject to commercial trucking regulations. Smith said that debate has greater implications for producers in the Midwest but could affect new and smaller-scale producers in Virginia who farm with another individual.
An FMCSA comment period for farmers has been extended to Aug. 1. Producers can share their comments at fmcsa.dot.gov.
Contact Smith at 804-290-1021.
 
More Guberment BS telling us what we can and can't do. Will the Amish need a CDL to drive their horses pulling equipment down the road?
 
yup, more and more intrusion on our daily lives. Just another excuse to hire more bureaucrats to administer these rules. The problem is that the politicians think they know what's best for us. And they pass laws that give a broad mandate to the govt agencies to interpret. A good example is the proposed law to require backup cameras on every vehicle sold withing a couple of years. Or requiring 56 mpg by 2025. It used to be that we could decide what's best for us by how we spent our money or what local laws we enacted. Now, it's the feds that think they know what's best for the entire country. So, when they pass a law, it affects everyone from Maine to Texas to Alaska. The one-size-fits-all theory of regulation.
 
So lemme see. When I load my truck up with a produce and head to the farmers market on Saturday, I will need a CDL to do that? Or when I load an hog and take it to the butcher to sell to one of my neighbors I'll also need a CDL? I was raised to be law abiding, but at some point I'll have to get really selective about it, either that or just give up trying to earn a living.

Christopher
 
I don't expect this law to make it. This law would cripple our grain delivery during harvest in the corn belt states and somewhat in the wheat states too. Jim
 
Seems to me most of that won't get passed. Except maybe the CDL one. Farmers now days are in a business not a family farm anymore.Part of being in a legal trucking business is having the right license and insurance. When farmers went to driving 18 wheelers they are now a commercial type truck. No other legal business can operate a truck that size unless they have a CDL. So they may get some changes on that section of the bill.
 
Based upon the description here, hauling produce to a local farm market is exempt from the proposed regulation. It seems intended to cover goods which have the potential of crossing state lines.

If you are selling directly to a local consumer, regulations pertaining to interstate commerce do not apply. This also includes FDA regulations.
 
Russ you would only be legal if you are hired worker by the farmer and are hauling the grain from the field/farm to a selling point. If you own the truck and are hauling for some one else then you DO need a CDL IF you are being paid. IF you cross state lines you will need a CDL and DOT number.

Cargil in Dubuque, Iowa moved their grain dump across the river to East Dubuque, IL. The DOT guys are having a field day catching Iowa farm tagged trucks and farmer drivers without CDLs. If the truck is not in real good shape then they will red tag it too.

Friend got caught with a tandem grain truck, no CDL and two worn tires. Fine, tow bill and repairs cost him just under $3500. He could have hired his grain all hauled for less money.

I gave up on the farm exemption. I now have DOT numbers and Federal fuel tax assessment. Plus all of us have our CDLs now too. Just less problems.
 
That's what makes this so dangerous. Anything grown on your property that is sold to the public and not wholly consumed by the producer has the potential to cross state lines. Chris could go to the farmers market and sell his corn and zuccini to someone traveling down the road from say Iowa. If they put it in their car and take it home you have just engaged in interstate commerce. By the way Chris, I hope you are ready to put brakes, horn, turn signals, seat belts, roll cages new tires, road flares, accident warning signs, keep a log book etc on that ford tractor of yours. Oh by the way, I hope the baler or haybine you guys pull down the road or cross the highway with has turn signals, lights and brakes on it too. Think about it. There is no end to where they can take this. Kids in 4-H or showing a steer at the county fair? Must have a CDL plus DOT inspected trailer and truck to get them there along with all the other crap I just mentioned, road flares, log book ect. In MO you have to be 21 to obtain a CDL for intra-state work. You have to be 23 to haul anything considered interstate. Lots and lots to think about here. Please go to the sight and read the comments. By the way, the DOT is like the EPA. They can pretty much push through anything they want. Don't you find it interesting that the original comment period was from May 20th to June 20th? What is the busiest time period on a farm? Do you think the farmers will raise hell if they are out working their butts off and don't have the time to pay attention to what the gov't is trying to do to them? These proposed changes are not something to be taken lightly. Educate yourself on this and tell everyone you know.
 
I don't think your example of zucchini is right. He raised it in state and sold it in state then the costumer took it to Iowa. How is that interstate commerce? I sell my wheat that I raise in Mn. to Conagra flour mill in New Prague, Mn. They grind it and bag it and ship it all over the world. I am not engaging in inter-state commerce. As soon as I unload it, it is out of my hands.
 
I also diagree with the zucchini example. If that were the case, any driver with the potential of traveling between states would need a CDL (agricultural or not), because they might purchase something and bring it home.

If the items are not intended for resale, it's not a commercial sale.
 

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