Problems w/tractors on road

hayray

Well-known Member
Had a super stupid cop pull me over the other while driving my tractor down the road and told me that I need to pull over anytime you have traffic behind me. I told him that it is illegal adn more dangerous to drive on the shoulder and then he called me on the phone later after talking to a county magistrate and said that from now on he will be writing me impeding traffic tickets. I told him what I thought of that and he said he would let every county deputy know my name and look for me and I told him he ain't stopping me from driving. I finally got a hold of my sherrif and he told not to worry about it and if I get a ticket he will take care of it. Apparently they have already wrote some other farmers in my county the impeding traffic ticket. We are real close to having a road war between farmers and patrol deputys here in Livingston County, Michigan.
 
it is leagle to drive a tractor on the road in all 50 states, as long as you follow the rules in the indevidual states when you do it, harassment by a gung ho super cop is a crime, report him to the state police main office also the state attorney general office one of them should see he either gets fired, or gets a adminestrative job more in line with his experience. it workes i and some other people have gotten 2 of these morons off the streets in the last ten years, they give good officers bad names and the good cops dont need any more negative help, the job is hard enough as it is
 
Hayray,
Don't you knowy our keeping all the Proving Ground guys from racing up and down the roads in your area. I hate to even go down there anymore.

Jerry
 
Well thankfully our sherrif is going to take care of the matter but my next call was going to be to our county commissioners and the Attorney Generals office. I farm 400 acres of hay spread all over so this guy could really shut me down. I wondering about the leagality of him discussing with a magistrate a ruling on a ticket ahead of time, isn't that kind of fixing the system? Along with the fact the magistrate is not ruling based on the law. I was completely legal. State, federal, and Michigan Right to Farm Act all protect my rights to go to work with my farm equipment.
 
Being a retired officer myself. The officer was being out of hand on matters. He did not know his own laws.
Now what you should do is this! Write down on paper and keep. .. The date and time the officer stopped you and what was said to you and what you were doing at time! Use "Approx" then time. This covers not having to be exact on time. Case you would take him to court. Attorney's love people who give exact time cause the can sometimes pin point something else happening at that time, cause you missed up on a few minutes of time!
What you have building is harassment. Since he said he is warning others with your name.
Now.. as for tractor going down the road slow./ If you see a line of traffice behind you. Move on over and let them pass. For this is called as the officer said. "impeding traffic " A legal ticket and hard to beat!
Now for the Sheriff telling you he will take care of matters if ticket issued. You really can't count on that happening all the time. .. so you end up with ticket on your name on record. Even if the Sheriff tell you ok.. unless he pulls ticket for it hits the courts. Perhaps this info helped you sums. Sorry for such a horses A$$ this officer was. Some are just jerks at times.
Next
 
Regardless of what some other people are telling you - there are many laws in many states that require you to pull over and let traffic pass - when possible in certain situations. I can't comment specifically on your area.

Here's a section from Montana highway law - and I know - at the least, New York, Michigan, and New Jersey, and Pennsylvania have the equivalent.

This is from public highway law concerning slow moving vehicles:

" . . . on a highway that has only two lanes for traffic moving in opposite directions, when an
overtaking vehicle being operated in conformity with does not have a clear lane for passing as
required by , the driver of a slower-moving, overtaken vehicle shall, at the first opportunity and when a safe turnout exists, move the overtaken vehicle off the main-traveled portion of the highway until the overtaking vehicle is safely clear of the overtaken vehicle.
On an interstate highway or on any other four-lane highway, a slow-moving vehicle, subject to
the requirements of this section, must be driven in the right lane as far to the right as possible,
including the shoulder of the highway
 
The act this officer did is called,UNDER COLOR OF LAW, see http://www.lectlaw.com/def2/u002.htm,then read http://en.wikipedia.org/wiki/Color_(law) , & http://trac.syr.edu/tracreports/civright/107/. Seeing he took the time to phone you expressing his future actions shows he is going to pursue you with malice http://en.wikipedia.org/wiki/Malice, (causing you to loose your yearly income is actionible).
Also read, http://en.wikipedia.org/wiki/Malfeasance_in_office. Do not just let the other local Peace Officers say they will help, take it higher now. Also have an Attorney write a letter to his BOSS all of them,let them know about the outlaw they have working for them and that if he does carry out his threats they will pay dearly.
Public Officials are accountible for their actions.
 
There are many laws to that, the turnout areas are just for that very reason. And being sure the Tractor is well maintained for road duty gives the locals nothing to write someone up on. However the guy taking the time to threaten is wrong, instead of calling and stating, I'm going to send you what our local written mandates are so you understand my actions in the future. The officer it appears has taken things to personal and broken laws going back to post Civil War era.
 
Do you know, for sure , that is what happened?
I don't know the specifics for the area in Michigan where this happened. Do you for sure know this cop acted outside the law as you suggest?

Can you cite some local laws or statutes? There ARE places where slow-moving vehicles are legally required to yield to faster moving traffic.

I'm not looking for an argument. I've got properties and farm equipment in northern Michigan, and would like to know for myself.

I've had problems here in rural New York, and in my county I AM required to pull over and let traffic pass when possible. So are slow moving school busses.

I know that some cops don't know the law, and also some do and act beyond its scope. That being said - in this circumstance - it's silly to make blanket statements that this cop went beyond the law - unless someone cites the actual law as it pertains in the area that this happened.

Many states have, in written highway law, statements requiring a slow moving vehicle to pull over whenever possible - to let traffic pass.
In Michigan, it can vary from county to county.

The following comes from general highway laws for the state of Michigan - but I don't know anything about the township or county where this happened.

Minimum Speed Rule: The Minimum Speed Rule prohibits a person from operating a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. However, in order to avoid a possible conflict with the basic speed rule, the law normally provides that a slow speed is permissible when "reduced speed is necessary for safe operation or in compliance with law." See Uniform Vehicle Code §11-805(a).

Michigan law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

The minimum speed limit on freeways is 45 MPH. §257.628

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, State and local governments may establish minimum speed limits on highways under their jurisdictions. §258.628(1)
 
I don't know about Michigan, but in NY the right to farm law would be an important piece of the issue. That would supercede any local law and some state law here.
 
Yep. Somewhere in a courthouse your name just went up on a whiteboard that all the rent-a-cops look at every day before crawling into their cars with the obnoxious light bars on top.

I don't know much about your topic here, I grew up in the country so even when a farmer that is using both lanes with a 40-foot grain table on his R-62 Gleaner cranks it hard right and slams on the brakes to let me by, I still won't pass him.

(Secretly I'm drooling over his nice, big machine. But I figure it's a sign of friendly respect-"naw man, you're fine. I'll be your escort!")
 
I'd get rid of the attitude and quit calling cops stupid, for one thing. He may have had a case. Anyway, there's an element called common courtesy.

The simple fact is, there are too many farmers who think they own the road and if anyone is inconvenienced it's their problem.

I grew up on a farm and I farmed myself for nine years, so I have no inclination to pick on farmers, per se. That being said, there are few things more infuriating than to be stuck behind a tractor with duals, covering the entire road, with the driver sitting in the cab totally oblivious as to the fact that there's traffic built up behind him. Then when he does wake up and pull over, he flips off the cars behind as if he were the one that was inconvenienced. What if one of the vehicles was an emergency vehicle?

An interesting thought is to enact legislation requiring farmers to purchase over-width permits to move machinery down public roads, the same as the trucking industry. Now, no politician in his right mind would touch that, but it's an interesting thought.
 
per the post, "and then he called me on the phone later after talking to a county magistrate and said that from now on he will be writing me impeding traffic tickets. I told him what I thought of that and he said he would let every county deputy know my name and look for me"

Seeing you or I were not a part of the conversion we can spectulate, based on the written material submitted the officer committed a greater action.
As far as quoting the Law in a area, that is what an Attorney would be for. Government employees just can not call the public and threaten. Bottomline.
Regaedless of the local mandates if the hiway departments, do not provide a safe turnout for your machines, you & or your Attorney can fight the stupid tickets. You can not be made to drive off a cliff or into a gullie, ditch etc..
 
Now children, play nice. Life's to short for trivial hatred. There's plenty of people that deserve to be hated. Who?
 
Police have much discretion, it seems to me. The best police IMHO are the ones who can put themselves in the publics' or citizens' (farmers' included) shoes & not strictly adhere to the letter/law ALL the time.
But we all are held responsible for knowing what the rules & laws are, right?
I've seen good farmers lots of times pull over when they see traffic is building up behind them & it is safe. Golden Rule stuff. Common sense.
Growing up, when my family would get stuck behind a tractor for a little while, my parents might have a little discussion like, that farmer is working to provide food for us all; we don't need to be in such a hurry.
 
I have the same problem as we travel a lot on the roads during Hay season. We try to travel together so as not to make to much of mess with people passing one of us then the other we travel 10 MPH but we always use all turn outs to let traffic by. Our road here in Oregon are a death trap if you pull onto the shoulder they are so soft that the tractor will turn over in the ditch. Most of the Sheriff deputies know this and will do what they can to help you.
Once i ran out of gas right int middle of a long curve, a state working came by aand said that it was bad place to pull over I told that I ran out of gas and he parked his truck in the middle of the raod turned on his lights and blocked the traffic in both directions until I went back to the pickup and got more fuel and was able to move on. Real nice guy who understands what we are up against on these rural roads.
Walt
PS I would report the Officer for harassment make a formal complaint.
 
I agree totally Goose, I am a farmer in an area that takes the majority of it's income from farming, so the rules and law enforcement tend to be easy on the dangerous situation of 10 mph farm equipment on the same road as 60 mph traffic.

All involved must use their head to make a iffy situation work as well as possible.
Most cops, with the exception of a very few Barney Fife types, try to keep everyone safe and moving with the least hassel to anyone.
When the cop, being human like the rest of us runs into an "attitude" that tends to demand "rights" at the expense of everyone else, he may show a little additude of his own.

Would be nice to hear both sides of this story.
 
Hayray,Since you have your livlihood at stake in getting to your feilds to work i think i would do this.The first thing would be to take a couple of days to cool off a little.And maybe the officer you had words with will also.And while your in this cooling off period you can think about just how much time it would cost you to pullover and let the approaching traffic from the rear pass by.I don't think it will take that much extra time in getting to your work to do that.Its the courteous thing to do anyway.The way i see it is a priviledge to operate a peice of farm machinery up and down a busy street or highway anyway.You don't have to purchase any permits or registrations to have that priviledge.You don't have to go to the DMV and purchase a license plate for your tractor do you?.The State is affording you a priviledge and you are in danger of losing that priviledge.Now after your cool down period i would suggest contacting that officer and sitting down with him a talking this over in a civilized manner.Invite his Supervisor to be present also if you like.State your case and listen to his side also.Ask to see a definition of the law if you wish.The botton line is to work this out even if you have to eat crow.The worse thing to do is to get other people involved.Sit down with him and work it out like two gentlemen should.He feels like he has a job to do just like you do.Be aware of his commitment to his job,respect him and maybe he will earn a new respect for you.Farmers have very important jobs to do and need all the support that can get to help them.But everyone must work together to obey and enforce the laws of this country.This country is not like it was years ago.It has become very populated with too many vehicles on the roads.Everyone is in a hurry to get somewhere and feeling's get hurt.People need to just slow down and be courteous to others.I'm just trying to help you,i'm not taking sides with anyone.There was a time in my younger days that i would have felt the same way you do.But i have come to realize that everyone has a job to do and its better for everybody to try and work together.If we don't the priviledges we have enjoyed for so long will be taken from us.The lawmakers seem to be just looking for excuses so lets not give them any.Good luck.
 
Maybe you didn't read what hayray said . He said the officer told him to pull over everytime there was traffic behind him. You would be pulling over every 30 seconds so you would never be able to make it back on the road.I'll pull over for 15-20 cars but I will not pull over for every car like this cop is suggesting hayray should. It's a privelege to drive on the road.? It's also a privelege for the avaerage person to go into a grocery store and have affordable food to buy. I'll gladly pull over for every car if you want to double what I get for my work and crops. The only problem with the government is that they don't have any type of compormise. What you suggesting is that you can sit down with the government and work something out.
 

Antoher retired cop here - and the previous retired officder gbot it right. I would only add that it is NEVER illegal to use the shoulder of the raod for what the shoulder is intended for! In many jurisdictions that means it is legal and courteous and safe (and depending on the are, maybe required) that you pull over to let faster traffic pass as long as it can be done safely. Of course no one expects you to drive off the edge of a bridge or anything - but let courtesy and common sense rule.

It is extrememely irritating and arrogant to take up a whole traffic lane with a tractor while a line of cars or trucks builds up behind you. The road is for everyone to use and that doesn't mean you get to limit traffic to 5 or 8 mph just because you need to go from point a to b. Just be courteous and think of those who do not enjoy watching your machine run.

BTW - depending on the jurisdiction of the cop involved the local sheriff may, or may not, be able to cancel your ticket. In any case, once the ticket leaves the law enforcement agency and hits the county or district attorney's office, it is ourt of the sheriff's hands.
 
Some of you obviously don't live in a large farming district. Here where I live in the summer months one can get behind a whole parade of combines on the main highway that are going about 20 MPH you just have to slow up wait patiently and wave to the guys who operate these big rigs. They have a job to do and they don't want to be out there anymore than you want them to be there.
The main thing is we don't use the city streets or freeways if at all possible but there are times when it is necessary so we do what we have to, to get your food on the table. Or to feed that horse that you keep out in our country to ride, on the road I might say. I get hell from horse people because my noisy equipment scares their horses. The same people complain about the high cost of hay.
Walt
 
that is way most people think cops are jerks and are out to tell the rest of the world get bit.
tall kid got a ticket for a fender bender i knew tall kid was screwed when cop started asking other person how are your mom and dad i haven't seen them for awhile. cop obviously put friends before being fair while doing his job.
 
We road tractors and equipment all the time on the shoulder here. If I have to make a left turn I will get an opportunity and pull out and slow down traffic to do so. If the dang city slickers don't like it they can move the _ell back to the city where they came from. I have been known to put a few people in the bar ditch as well on narrow roads, tickles me to death. I love backing up traffic.
 
Gary, the danger in intentionally ticking off all those urban drivers, is that they have the votes to ask for laws that can make your life really miserable. Best to treat them as you would like to be treated.
 
For the most part all "law enforcement officers" are merely a collection agency and fundraising branch of the government. If they need to make up some trivial, obscure law to write a ticket, then they will.You don't have time or money to fight it and they know it. They tried the red light camera fundraising trick here but it got shut down. They say it is in the name of safety but it is really only the beginning of a big brother form of government. There are areas that use speeding cameras, toll booth cameras etc. Don't give them the chance to bully you. Raise helll where ever and however you can.
 
I alway try to get over and let traffic by. You are being rude and arrogant to take up the road if you can get over. You give farmers a bad name by so doing.
 
I agree with the cop. If you are backing traffic up a half mile you are increasing the chance of an accident from people trying to pass. My father told me a long time ago to pull over when two or three cars get behind you and I always have. There are good cops and bad cops, glorify the good ones and maybe the bad ones will change.
 
wish i had a donut for every cop ive been passed by that was crusin 80 plus for no obvious reason,You gotta be polite to them tho because they love power and if you resist even a little, they will set out to prove to you the power they got. I had one tell me once " who do ya thing the judge is gonna believe"
 
Was it a county deputy? If so why isn't the sheriff reining him in?

Personal opinion here but, unless you're holding up a car/cars for more then 3-4min I don't see how it would be impeding traffic.

Make sure you are doing every thing else correct(proper signing, lights..) so he has no other excuses.
 
in WI. you can NOT drive on the shoulder you can pull over but then you must stop. no one around here runs on the shoulder.
 
I live on a two-lane road, rural, but not a heavy farming community. I have trouble getting off the road far enough--there's a steep bank along part of the road--just going less that a quarter mile down the road with my TO 30 and a six-foot disk. The "big boys" hauling "honey wagons," huge chisle plows or planters have nowhere to go. Most aren't going too far, if we just be patient, although getting behind the "honey wagon" can be a bit rough on the sinuses.

On freeways, a minimum speed of 45 mph rules out tractor traffic.

Larry in Michigan
 
I understand that the law in Pennsylvania is if you have 3 cars behind you you should pull over at the next safe place. I think a big line of angry motorists behind you is an accident waiting to happen. I try to be courteous even if others aren't.
 
We've had problems with some of the local officers here too, but I have never gotten into trouble like that. I had a cop once tell me that I need a flagger ANYTIME I run a tractor on the road, only problem there was I was going about 1/8 of a mile down the road to our silage bunks so I could feed the cows, and my dad's payloader isn't that slow, it'll do bout 35 or so, which is the speed limit on our road here.
My dad always told me that when I get 3 or 4 cars behind me, to get off the road when its safe and let them pass, otherwise, just keep going until there is somewhere safe to pull off.
 
I would imagine that there are state laws that govern this. I've never had a problem with any of the guys around me though. But if this guy is dead set that you will, I'd check Michigan's version of the rules of the road and slow moving vehicles. Ya gotta be careful with this guy though. He may be a "You'll win the battle, but he'll win the war" type. If he's right, then he's right. If he's wrong, then he might be wrong and make your life miserable. That sheriff of yours really needs to go to bat for you and nip this guy in the bud.

Just make sure that you're right is all. Good luck.

Mark
 
I live just a little bit north of you around Mt. Pleasant MI and we also have had a few "bounty hunter" deputys trying to play sheriff. The Sheriff works off the complaint system. He has no way of knowing and no time to babysit his men. He welcomed our little meeting and took care of his "babies" and we had no more problems. It wasn't over this same issue but a simular situation. You are his "ears"! Don't assume they are all in bed together. Most have 2 or 3 they would just as soon get rid of. They NEED the complaints. Sounds like they were going to write you even if one car came within 100 yds of you. Yes we are paying their salaries and the money could be a lot better spent. They need to reallize that that stretch of 27 down there is NOT freeway yet and they need to work a little harder on the cars going 70-75 in a 55 down there. Most of these "wet behind the ears" idiots probably think milk is MADE in a factory. We need a lot less testerone and a lot more common sense in our police force. Think locals are bad , come up here and try out our elite " TRIBAL POLICE" , talk about a joke on wheels!
 
I think that is real good advice, I will try getting a hold of that officer and see if we can meet in the middle some where.
 
Most of the "rural" roads in my area were originally made as a method for farmers to be able to take their goods to market. I know that was probably over 100 years ago, but it is an agriculture road and farmers have the right-of-way on the road. I wish I knew the proper name for all of this, my dad used to tell me about it. All of they city people who are now deciding to move out into the country and put all the traffic on the road are not aware of these laws. It was brought back up a couple years ago when some little speeding car was running about twice the speed limit and went around a curve and into the front of combine on its way to pick some corn. Of course the first thing everybody did was blame the farmer for being on the road, but they ended up bringing out that law that created most of the roads around here and said it was not his fault.

I get reminded of this everytime I go down the road and realize people don't know how to drive and especially don't know how to drive around farm equipment.
 
Hey folks you elect the people that make the laws! In many cases you also elect some of the people who enforce them.

If they don't remember that, you need to remind them.
 
What you have to realize is that LEOs (Law Enforcement Officers) have their own problems. And one of the main problems is that they work for a beauracracy. And beauracracies are known to do some incredibly inconsistent and downright wierd stuff.

Several years ago, I had lunch with a Nebraska State Trooper of my acquaintance, and he mentioned he had just been informed by memo that he had put too many miles on his patrol car the previous month. He was advised to spend more time "sitting and observing traffic".

He commented, "Just watch. This month I'll turn in fewer miles and they'll accuse me of spending all day in coffee shops".

So, what did they expect him to do, sit in the median of the Interstate and "observe" cars blowing past at 20 mph over the limit?

Law officers are human and have good days and bad days like all the rest of us. I had a law professor in college who spent an entire semester pounding home the point that there are at least two or more ways to look at any given situation. Sometimes it helps to look at a situation from the other fellow's viewpoint.
 
We are, and have been experiencing problems with in our area with subdivisions springing up. The farm equipment is a nightmare to get up, and down the roads anymore. The only thing I have to say about the shoulder is that in our area all the trash, bottles, building materials with nails, and car parts littering the shoulders will ruin a farmers day. What a wonderful state to live in, they pocket all our tax money, and provide no public service.
 

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