Rules of the Road: An Update for Agriculture

There is no question that agriculture and the public are constantly interacting. One of the most common areas, for good or for bad, is on public roadways. The large question that does remain, however, is what public regulations do and do not apply to those who are in production agriculture. This question has received heightened awareness over the past months with new legislation passing in regards to farm operations on public highways. Although, like most legislation, some of the law is written in ways that are not so plain, hopefully this article will bring some clarity to the situation.

In 2007 Pennsylvania's motor carrier regulation were audited by the Unites States Department of Transportation's Federal Motor Carrier Safety Administration. As a result of this audit deficiencies were found in our current regulations. These deficiencies had to be changed by March of 2010 in order to stay current with the Federal regulations. After much deliberation the final outcome to those involved in agricultural production is one of little change. The changes to our regulations mainly focus around the operation of farm trucks above 17,000 lbs. GVW.

New Intrastate (within state) Requirements for farm trucks above 17,000 lbs:

• Age: Those under age 18 are not permitted to operate a farm truck/trailer combination on public roadways (All licensed drivers can operate straight trucks).


• Medical Certificate: Required for farm trucks (straight and combination) operated more than 150 miles from the farm.


• Inspections: Pre and post trip inspections for both straight and combination farm trucks


• Vehicle Maintenance Records: Required for straight and combination farm trucks

New Exemptions:

• Planting and Harvest season has been extended to include all 12 months


• Service Hours/Logs: Not required if operating within 100 miles of the farm
  
• Additional Logs: Not required if operating more than 100 miles but less than 150 miles from the farm


• Driver History/Testing: Not required for drivers operating within 150 miles of the farm


• Custom harvest operators receive 'farming' exemptions


• Beekeepers receive 'farming' exemptions

A common question that comes with the increased regulations is often; 'what do I do to get a medical certificate. An online form can be printed from http://www.fmcsa.dot.gov/rules-regulations/topics/medical/aboutdotexam.htm and filled out by your family doctor. This completed form may be used as the certificate or you may use it to qualify yourself to purchase a medical card.

Another question arises with pre and post trip inspections. The post trip inspection must at least cover the following areas: brakes, parking brake, steering, lighting and reflectors, tires, horn, windshield wipers, rearview mirrors, coupling devices, wheels and rims and emergency equipment. The driver must list any conditions found or state that no conditions were found, either way the driver must sign the form. Prior to the next trip the next driver must sign off on the form stating any deficiencies have been corrected or that they do not require immediate attention. If a post trip form lists deficiencies it must be kept with the certification of repairs on file for three months from the date of preparation. A sample form can be found at http://www.agriculture.state.pa.us/portal/server.pt/gateway/PTARGS_0_2_24476_10297_0_43/AgWebsite/Files/General/Transportation%20Forms.pdf on page 4.

Hopefully this will help you to stay within regulations this season while operating your farm trucks. Just as a reminder, remember that this only applies to vehicles with GVW over 17,000 lbs. These regulations do not apply to tractors operated on the road. Although this may seem like it gives more unwanted record keeping a simple clipboard in each of your trucks with a maintenance record as well as some copies of the driver's vehicle inspection report and a pen should keep you in compliance when you are traveling less than 150 miles from the farm. I might suggest getting something similar to this clipboard (http://www.gemplers.com/product/G58514/8-1-2x12-Clipboard-Removable-Compartment ) for 37 dollars that will allow you to fill and file forms all in the truck.