Equine Owners Be
Aware of Pennsylvania’s New Vehicle Weight Regulations
In late February, Pennsylvania’s Independent Regulatory Review Commission (IRRC) approved the new transportation regulations affecting agriculture despite objections by the agricultural community. The regulations were proposed by PennDOT in response to a directive from the Federal Motor Carrier Safety Administration (FMCSA). The federal agency earlier determined the existing PennDOT exemptions for drivers of farm trucks were “deficient” and Pennsylvania would lose $3.1 million in federal money to pay for commercial vehicle safety enforcement activities and possibly another $22 million.
Regulations Now in Effect
The regulations affecting farm truck drivers have been published (and became effective) on April 24, 2010. Pennsylvania Farm Bureau has summarized what are believed to be the new legal requirements for drivers of agricultural vehicles and combinations with an actual weight or a weight rating of greater than 17,000 pounds.
Seeking Relief in Harrisburg
Pennsylvania legislation (Senate Bill 1305) – sponsored and introduced by Senators John Rafferty and Mike Brubaker, Chairmen of the Senate Transportation and Agriculture Committees respectively – to raise the weight limit exemptions for farm trucks from the current 17,000 to 26,000 pounds as allowed by federal law. This will provide relief to drivers of farm vehicles and combinations with actual weight and weight ratings of less than 26,001 pounds from any intrastate motor safety requirements, whether the vehicle is operated alone or is towing a trailer or other farm implement. The other major provision of the legislation will recognize that “implements of husbandry” (i.e. tractors) are not regulated by the Federal Motor Vehicle Safety Carrier Administration - so to ensure that all exemptions related to “implements of husbandry” will remain in the future.
Summarizing Pennsylvania’s New Farm Truck Driver Regulations
The following are believed to be the legal requirements for drivers of agricultural vehicles and combinations with an actual weight or a weight rating of greater than 17,000 pounds under changes to Pennsylvania’s intrastate motor carrier safety regulations, which recently went into effect. For specific questions about your particular situation and driving activity, contact the office of Kurt Myers, PennDOT’s Deputy Secretary for Safety Administration at (717) 787-3928 or the office of Robert Davidson, Special Assistant to the Secretary of Agriculture, at (717) 705-7960.
1. Implements of husbandry:
- Drivers of implements and farmers allowing operation of implements will not be subject to any intrastate motor carrier safety driver requirements, whether the implement is operated alone or is towing another vehicle.
2. Trucks operating under farm vehicle exemption (sticker):
18-year Minimum Age Requirement:
- Will not apply, if the vehicle is operated alone.
- Will apply whenever the vehicle is towing another vehicle
Medical Certification Requirement:
- Will not apply, if the vehicle is operated alone.
- Will apply whenever the vehicle is towing another vehicle.
- No farm driver exemption is provided. Regardless of whether the truck is operated alone or is towing another vehicle, the driver and farmer will be subject to daily logging and recordkeeping unless the use of the truck fits into one of the special use categories:
Exemption for Hauling of Ag Supplies, Ag Products and Livestock Feed: Assuming the vehicle is complying with the Vehicle Code’s distance limitations, drivers and farmers should be fully exempt from hours of service requirements when hauling agricultural supplies and livestock feed to be used by the farmer’s farm operation and agricultural products produced by the farmer’s farm operation. **
Short-Distance Hauls: Assuming the vehicle is complying with the Vehicle Code’s distance limitations, special regulations may give limited relief to drivers and farmers when hauling materials other than ag supplies, ag products and livestock feed. The special regulations, however, would still place requirements and work time and driving time restrictions on drivers and recordkeeping requirements on employers (farmers) that demonstrate the driver is complying with the special hours restrictions.
** Federal regulations and federal guidance information suggest some materials commonly hauled by farm operations may not qualify for the exemption.
Requirement for Daily Driver Vehicle Inspections/Reports and Farmer Response to Inspection Reports:
- Will apply, regardless of whether the vehicle is operated alone or is towing another vehicle.
3. Trucks operating under farm vehicle registration (plate) or standard license plate:
18-year Minimum Age Requirement:
- Will not apply, if the vehicle is operated alone and the vehicle is operated within a 150-mile radius of the farm.
- Will apply whenever the vehicle is operated outside the 150-mile radius of the farm, regardless of whether the vehicle is operated alone or is towing another vehicle.
- Will apply whenever the vehicle is towing another vehicle (horse trailer), regardless of distance from the farm.
- Will not apply, if the vehicle is operated alone and the vehicle is operated within a 150-mile radius of the farm.
- Will apply whenever the vehicle is operated outside the 150-mile radius of the farm, regardless of whether the vehicle is operated alone or is towing another vehicle.
- Will apply whenever the vehicle is towing another vehicle (horse trailer), regardless of distance from the farm.
- No farm driver exemption is provided. Regardless of whether the truck is operated alone or is towing another vehicle (horse trailer), the driver and farmer will be subject to daily logging and recordkeeping unless the use of the truck fits into one of the special use categories:
Exemption for Hauling of Ag Supplies, Ag Products and Livestock Feed: Drivers and farmers should be fully exempt from hours of service requirements for hauls of agricultural supplies and livestock feed to be used by the farmer’s farm operation and agricultural products produced by the farmer’s farm operation that occur within a 100-mile radius of the farm.**
Short-Distance Hauls: Other special regulations may give limited relief to drivers and farmers when hauling materials other than ag supplies, ag products and livestock feed. The special regulations, however, would still place requirements and work time and driving time restrictions on drivers and recordkeeping requirements on employers (farmers) that demonstrate the driver is complying with the special hours of service restrictions.
** Federal regulations and federal guidance information suggest some materials commonly hauled by farm operations may not qualify for the exemption.
Requirement for Daily Driver Vehicle Inspections/Reports and Farmer Response to Inspection Reports:
- Will apply, regardless of whether the vehicle is operated alone or is towing another vehicle.
Article compiled by: Andrea Graeff,
PSU Equine Extension Associate
http://www.das.psu.edu/research-extension/equine/penn-state-horse-newsletter/articles/hn201006-03
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