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question on CDL licenses

Started by oakiemac, April 23, 2006, 11:32:07 AM

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Sawyerfortyish

I've been running farm plates on my log truck for years. I've been told I that I'm in a extreamly grey area of law. but havn't been issued a ticket yet. My competition had farm plates on his truck but ran loads out of state and was ticketed and made to put commerical plates on his truck.

sprucebunny

Farm plates are my next step. Here, they are good in state for 150 miles.
MS193, MS192 and an 026  Weeding and Thinning. Gilbert Champion sawmill

red

sawyer

A  few years  ago  we  had looked into  Farmer Plates

and  the way  I read it you are fine.....  true it is a gray area

but you have a sawmill and a farm   as long  as you are with in

I believe 100 miles from your Farm  and hauling  materials for your farm

not  a trucking company  trying to  use farmer plates
Honor the Fallen Thank the Living

isawlogs

 What constitutes a farm to get farm plates  ???
A man does not always grow wise as he grows old , but he always grows old as he grows wise .

   Marcel

red

you know  cows  pigs  horses  corn 

and a guy in overalls


Honor the Fallen Thank the Living

isawlogs

 :D :D :D

  Does a tree farm fall under the same as a regular farm is more what I was leaning to ...
A man does not always grow wise as he grows old , but he always grows old as he grows wise .

   Marcel

Mr Mom

     What i understand is that you dont need a CDL to run from the field to the farm only no side trips. That is how i read it.
     
      To get farm plates you have to make so much money from the farm. I think that is how it is done in ohio. I dont rember it was a long time ago when i looked in to it. I dont think how much land you have matters but i could be wrong.

      Just my to cents.

     I just found out that if i want to keep my hazmat endorsment i have to get finger printed and fill out some paperwork and spend $94.00 >:( >:( >:(.

     Thanks Alot MrMom.

Murf

Marcel, I don't know how different it is in QC than here, but we have to have sales in excess of $8,000 in a "normal production year" and they do not count things like trees, lumber or firewood as "farm products" as being part of your production.

If you register and then fall below the production limit you have to give them up, if you don't and they catch you they get very..... excited.  ::)

If you're going to break a law..... make sure it's Murphy's Law.

beenthere

Likely the rules for getting farm plates vary for each state. The commercial plate owners are the ones likely to complain about the farm plates, as the commercial rates are much more expensive, at least in Wisconsin.

Farm plates I believe are issued to those claiming over 50% of their income is from the farm. At one time, the state troopers were driving through parking lots in Madison, and ticketing vehicles with farm plates with the idea they were being used to drive an employee to work (many in the State Office parking lots received tickets).  Now I don't think they pay much attention, as long as there is some manure under the wheel wells, and some fuel cans and a pitchfork in the back.  :) :)
Don't get caught hauling materials to your cabin for a weekend of fishing. Might get you a ticket.
south central Wisconsin
It may be that my sole purpose in life is simply to serve as a warning to others

Murf

BT, Ontario (and in fact most of Cannuckistan) has some interesting regs. on the use of farm plates.

Here, a farm plated vehicle can be "used to transport farm produce, supplies or farm equipment to or from a farm or is used for the farmer's personal transportation and is not being used for-hire.".

So a farmer can drive a farm plated vehicle as personal transportation, say to a job in the city, and that's ok, but if they get $20 for hauling a neighbours cow to the auction along with their own animals that's illegal.  ::)

Clear as mud.
If you're going to break a law..... make sure it's Murphy's Law.

johnjbc

The rules for Pa are on the back of the form



Application for Farm Vehicle Registration Plate or for Farm Vehicle Two Year Certificate of Exemption

http://www.dot10.state.pa.us/pdotforms/mv_forms/mv-77.pdf



Hazardous Materials Endorsement Application for Security Threat Assessment

http://www.dot10.state.pa.us/pdotforms/dl_forms/dl-288.pdf
LT40HDG24, Case VAC, Kubota L48, Case 580B, Cat 977H, Bobcat 773

Gary_C

If this is not muddy enough already, the federal rules that are supposed to be adopted by all states do not require you to be a farmer to be exempt. Custom harvesters and farmers are specifically included and since the US Forest Service is part of the US Dept of Ag, loggers should be exempt. Also, your "home" is where you are harvesting, so the limit on miles should start there and do not end at state lines.

The reality is the rules are not about what is right or what the federal rules say, as one DOT Inspector told me "it's about MONEY!" The states will use whatever rules they wish to use to make the most money.

A good example is in Minnesota, 3/4 ton pickups are by law licensed only as passenger vehicles. No truck plates are allowed, (they can cost hundreds of dollars more than truck plates.)  However there are no weight limits on passenger vehicles so you can technically load them till the tires are flat on the ground or pull a 24,000 lb trailer and not be required to even stop for scales.  ;D  Just don't try it or you will be trying to convince the judge you are legal.
Never take life seriously. Nobody gets out alive anyway.

Bob Smalser

Quote from: Sawyerfortyish on April 24, 2006, 12:54:40 PM
I've been running farm plates on my log truck for years. I've been told I that I'm in a extreamly grey area of law. but havn't been issued a ticket yet. My competition had farm plates on his truck but ran loads out of state and was ticketed and made to put commerical plates on his truck.

I let the cdl expire years ago, as renewing is too much of a PIA if you don't need it. And I don't.

Here a tree farm is a farm....there are no income requirements....and within the state you can drive a rig licensed up to 40,000lbs if you are the farmer and the rig has farm plates.  So can any member of your family or any of your employees.

QuoteCDL Exemptions

The law exempts three groups of drivers from the CDL:

Farmers transporting farm equipment, supplies, or products to or from a farm in a farm vehicle are exempted provided the farmer or a farm employee operates the vehicle. Products include Christmas trees or wood products transported by vehicles 40,000 pounds GVWR or less.

There is some gray areas...one paragraph says 40,000 and another says 42,000....but the DMV's here will  give you farm tags just on your sayso and there are also major insurance benefits to having farm plates.

I've been challenged in my favor a couple times.  But I'm legit with 60 or so acres of tree farm under my control....somebody obtaining farm plates with no farm might not fare as well.

Farm vehicles that don't haul logs that often can also get trip permits rather than pay annual weight fees:

QuoteNew Farm Vehicle Trip Permit - Owners of farm vehicles can purchase a farm vehicle trip permit for a partial month instead of purchasing monthly gross weight.
$10 fee plus $4 subagent fee, if applicable. For information on conditions and restrictions regarding the farm vehicle trip permit, contact your local vehicle licensing office.
   
 



Bob

isawlogs

Murf

Its pretty much the same here .. there is a minimum money involved and the farming has to do with critters or feed for them .
A man does not always grow wise as he grows old , but he always grows old as he grows wise .

   Marcel

red

since I was a wise guy before my  bad


this is for Code 31  state of N J  Farm plate

Special Conditions

Farmer means any person engaged in the commercial raising, growing, and producing of farm products on a farm of at least five acres in area and who does not buy farm products for resale.
Farm products include crops, live stock, and fur products.
Applicant must present an Agricultural Certificate obtained from county agricultural agent that will be returned to the applicant after the transaction is completed.
The expiration date is 11 months from the date of issue on initial transactions. All renewals are valid for 12 months.
Farm Truck may not engage in hauling for hire.

there seems to also be a code 51   and i am sure a few more

Honor the Fallen Thank the Living

Sawyerfortyish

In NJ there are two types of farm plates. One is called farm use with that plate you can not be on the road after dark and you are limited to a 5 mile radius of the farm or inbetween two farms you use. Basicly this type of truck doesn't need lights brakes or even doors.Just ride and drive and try not to fall out or through the floor.The other type of farm plate is farmer and is subject to state inspection and is pretty much the same as a commerical truck. With some exemptions one being axle weight does not apply they are supposed to take GVW and thats what you must be under. With a tandom log truck thats a big +

wiam

In VT a farmer can go between his farm and fields he uses with no plates and no inspection.  Most in state do not know this including the police.

Will

Tom

Isn't  it  a coincidence that we, in our "Free" country,  talk so much about the things we are allowed to do, and very little about our lack of constraints?

Gary_C

Tom

It's kind of ironic that our state department is giving lessons on human rights and "our freedoms" to other nations while our government seems determined to restrict as many of our freedoms as they can.

And I am not so much worried about our elected representatives as I am about all the agencies and departments that have been delegated "rule making" authority. Seems like there is no end to the nonsense rules they can dream up to run our lives.

About two + years ago, I was at a meeting with the State DOT where they were going over the new load securement rules and a battle was raging over "crib trailers" that now required tiedowns. The DOT Inspector told the loggers that they should have complained during the "comment" period and the response was "we did, but they enacted the rules anyway."

This "rule making" is a real threat to our freedoms.

Never take life seriously. Nobody gets out alive anyway.

bcraw98

In Texas, you can get a class A or a class A CDL license. You only need the CDL class A if you haul for others and receive compensation. As long as I only haul my own produce and equipment, then all I need is the non CDL class A for a combined weight over 26,001 # , which costs $24 every six years to renew. The non CDL class A does restrict you to a 150 mile radius from the Ranch.

Recreational vehicles are exempt from a Class A or B CDL but do require a Class A or B license depending on the type of rig if they exceed the 26,001# rating.

Fire trucks and military vehicle drivers are exempt from the CDL requirements.

The Class A license is very easy to obtain according to my Dad, but I wouldn't know, I just drive  ;D
Wife and best Friend, 3 girls and a boy, son-in-law, lots of land, horses, cows, and trees. Life is Good

Murf

Quote from: bcraw98 on April 25, 2006, 12:12:50 PM
Fire trucks and military vehicle drivers are exempt from the CDL requirements.

Used to be that way here too, then they realized there was quite a few incidents involving fire trucks operated by non-CDL 'volunteers', so they required all drivers of fire trucks to have CDL's.

So many of the driver's were failing the tests horribly that the goobermint had to hire trainers and contract schools to train the drivers for free.  ::)

Let's see now, big heavy truck, driving fast through traffic, driver's only in the driver's seat 'cause he got to the fire station first even though he isn't trained to do it.  ::)

Yup, dat sounds like da goobermint...........  :D
If you're going to break a law..... make sure it's Murphy's Law.

bcraw98

I live far enough from the station that I'm seldom first, but if it can be ridden or driven, my class C and I can handle it.  ;D  Fixin to drive to Nacogdoches for my youngest girls regional UIL tennis meet, but I'll be under the weight and legal!!  8)  8) ur um unless I hurry.  28 years since my last ticket of any kind, other than a warning   :D  8)  8)
Wife and best Friend, 3 girls and a boy, son-in-law, lots of land, horses, cows, and trees. Life is Good

scsmith42

In North Carolina, trailers are not tagged according to weight - only the tow vehicles (non CDL).  I have a 26,000 lb rating on my F350 since I need to cover both the weight on the truck and the weight on the trailer. and thus far have not been hassled.  However, since my trailer is rated at 24,999lbs I don't know if a highway patrol officer will hassle me or not over not having a CDL.  Getting one is on my list of things to do this year though.

I also own and operate a farm, and have farm plates on the dually.  I think that you get about a 50% discount on the highway use tax that you pay initially, and the annual renewalls are lower.

Justfification of having a farm varies.  I have a state agricultural tax number and also have my land in the agrucultural and forestry land use program with the county.  The latter saves a lot of bucks on property taxes, and the former qualifies me for the 0% or 1% agrucultural tax rate on qualified purchases.

Having the ag tax number is the "open sesame" with respect to anything to do with the farm.  Show it to the licensing plate folks, the county property tax folks, the state highway patrol officer - all acknowledge it as substantiating your valid agricultural exemption.

In my county,  you have to have at least 20 acres of timberland to quality for the timber tax rate, and 10 acres in agricultural use to qualify for the ag exemption.  Ag can be commercial livestock or crop farming.  Acreage where your home and any buildings exist must be in addition to the 10/20 acre minimums.

One interesting tidbit that I just learned... NC allows you to buy a "permanent" tag for your trailer (is called a multi-year tag).  If you tag your trailers that way, then you are supposed to list them on your county property tax returns.  If you don't have a multi-year tag and pay an annual fee, then you don't because your taxes are collected as part of the annual renewall.

As I recall, the 10K DOT vehicle limit applies if you're going to cross state lines in a commercial vehicle.  You may not have to have a CDL, but you do need to have a DOT number in excess of 10K.

The regulations are confusing and inconsistent, to say the least.
Peterson 10" WPF with 65' of track
Smith - Gallagher dedicated slabber
Tom's 3638D Baker band mill
and a mix of log handling heavy equipment.

sandman2234

Here is the rule book, subject to change of course!

http://www.fmcsa.dot.gov/

David from jax

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