Uniform Trucking Regulations

Issue:
Under existing federal regulations, a farmer using his own vehicle to transport his own crops or livestock just a few times a year can get caught up in the same regulations that apply to individuals operating commercial motor vehicles for hire and year-round. In the real world, this may mean that a farmer hauling his own products will get cited for a violation. The problem is exacerbated for farmers who may travel only short distances but whose best market is just across a state boundary line. Legislation is needed to clarify this situation.

Impact:
Federal Motor Carrier Safety Regulations (FMCSRs) define a commercial motor vehicle (CMV) as a vehicle having a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of 10,001 pounds or more. Under those same regulations, a state may use exempt CMVs up to 26,001 pounds if they are engaged solely in intrastate commerce.

An anomaly arises, however, when a farmer crosses the border from one state to another when both states recognize the 26,001 pound exemption. Because the farmer has crossed state lines, his weight limit automatically defaults to the 10,001 pound level – even if he has travelled only a short distance and both states recognize the 26,001 pound exemption.

Changing the FMCSR definition of a commercial motor vehicle from 10,001 pounds to 26,001 pounds will provide much-needed uniformity between state and federal laws and also provide growers the opportunity to capture the best price for their products, regardless of artificial constraints.

Legislation (H.R. 3098) has been introduced in the House of Representatives by Reps. Dan Boren (D-Okla.), Mary Fallin (R-Okla.) and Robert Aderholt (R-Ala.) that would assist farmers by updating the Federal Motor Carrier Safety Regulations to permit farmers crossing state boundaries to avail themselves of the 26,001 weight limit when both states recognize this limit. The legislation has been referred to the House Committee on Transportation and Infrastructure.

Farm Bureau Policy:
Agricultural transportation should be considered intrastate commerce when the following criteria are present: (1) The vehicle is not-for-hire; (2) Transportation is from field to market or to an on-farm storage facility with subsequent transport to market; and (3) Transportation is provided by a producer or custom harvester.  We support modifying regulations concerning farm-licensed trucks to facilitate the transportation of farm produce and supplies across state lines, including the DOT and Interstate Fuel Tax Agreement required regulations. Where technical differences exist between federal and state laws and regulations, we support legislation making state laws the governing authority, where state standards are less stringent than federal. We support making federal regulations for obtaining a medical card uniform with those for obtaining a commercial driver's license (CDL). We oppose mandatory CDL for producers and their employees to transport fuel, chemicals, fertilizer and farm commodities. We support removing the restrictions on the distance a vehicle can travel under existing farm tag exemptions without a CDL. We support limiting the need for bi-annual DOT driver physicals to only those drivers required to have a CDL.

Legislative Request:
The Pennsylvania Farm Bureau urges all members of Congress to co-sponsor and advance H.R. 3098.