UNL Extension Educator,
Webster County
August 5, 2011 Edition
Evidently my column from last week resonated with some people and I got some pretty good input back as well as some challenges. I will have to wait until next week to continue with that educational opportunity as something has come up on my radar that really got my attention and I think needs to be put before the farmers and ranchers in this part of the country. I hope I am wrong on this, but I think I need to be the bearer of some potential bad news for farmers.
CDL for Farm Tractors and Equipment? Do you remember this winter when there was a push for farmers with grain trucks and livestock trailers having to attend meetings concerning licensing? The Department of Transportation (DOT) is now going a big step further and it is of big concern to me. The DOT is currently deciding whether or not to continue to exclude agricultural equipment drivers from having to have commercial driver's licenses (CDL). Of course when dealing with the federal government nothing is simple as that. About June 1, the DOT proposed a rule change for farm equipment, and if it this allowed to take effect, it will place significant regulatory pressure on small farms and family farms all across America – costing them thousands of dollars and possibly forcing many of them out of business. Let’s take a look at it.
The Federal Motor Carrier Safety Administration (FMCSA), part of the Department of Transportation (DOT), wants new standards that would require all farmers and everyone on the farm to obtain a CDL (Commercial Drivers License) in order to operate any farming equipment. The agency is going to accomplish this by reclassifying all farm vehicles and implements as Commercial Motor Vehicles (CMVs). The move by the DOT appears to be “legislation through regulation.” This proposed change literally means family farms could no longer legally allow young workers, not old enough to drive as a CDL requires that you be at least 18, and seniors who no longer drive on the public streets, to operate a tractor… even on the family’s private property. This new rule would affect smaller farmers with smaller trucks like me who don't have a CDL, which would present a big challenge. It would also cause some problems if a farmer has help, whether hired or family members. All tractor and combine operations would have to have CDLs, excluding young people and seasonal help.
The proposed change also means anyone driving a tractor or operating any piece of motorized farming equipment would be forced to pass the same rigorous tests and fill out the same detailed forms and diaries required of semi-tractor trailer drivers. This reclassification would bury small farms and family farms in regulation and paperwork. Some of the additional paperwork and regulation required: 1) Detailed logs would need to be kept by all drivers – hours worked, miles traveled, etc. 2) Vehicles would have to display DOT numbers. 3) Drivers would need to pass a physical as well as a drug test – every two years. Think about the normal farm family. How will this affect them or your own farm? Talk about messing with tradition and the very lifeline of the farm. Good Lord, what is next?
The proposed guidance by the FMCSA would result in an initial increased cost to each farmer and employee of at least $100 just for the CDL license, permit and test; not to mention the time and cost for the behind-the-wheel training that is several thousand dollars. Additionally, I believe this regulation will also force new restrictions on trucks used in crop-share hauling. These crop-share trucks are typically limited-use vehicles that often travel fewer than 3000 miles each year, mainly hauling crops from the fields to nearby grain elevators. To require them to follow the same rules as semis would also mean a farmer would be forced to purchase substantial insurance.
Earlier this year, the Federal Motor Carrier Safety Administration (FMCSA) began to define crop-share tenant farmers as “for-hire“ carriers and implements of husbandry as ”commercial motor vehicles”. The”for-hire” designation for crop-share tenant farmers would have a dramatic effect on farmers because it voids exemptions from the Commercial Driver’s License (CDL) program and would require a minimum of $750,000 in insurance coverage for the farmer.
This has really flown under the radar in that the DOT held hearings for public comment on the topic, but only through Monday, August 1st. Did you hear about this? I know I didn’t. In my opinion, no matter what the feedback is from the people who actually grow the food, it appears that the DOT’s mind is made up. It seems to me that the DOT is targeting America’s farming communities with costly and oppressive regulations, once again through stealth legislation.
The FMCSA has said their intent is to create uniformity in how federal safety regulations are carried out across America. I would think that the farming community and many of the states that would be affected by this change would feel differently. I would think this should be at the very least a local issue, and best handled by state governments, and not some Washington DC agency. If you are a member of any farm organization and are not happy about this idea I would encourage the members of your organization to send a letter from your group to the DOT expressing this opinion. I don’t know if it is too late, but in order to make a comment to the DOT please go to – http://www.regulations.gov/ . Individually you may want to write or call them on your own and for sure you want to contact your US Senator or Congressman on this issue. Don’t just sit back and hope it goes away. It seems like the government and the people in it have lost all common sense when it comes to agriculture and how it operates. It makes you wonder if they ever had any of the sense that God gave a goose!
The preceding information comes from the research and personal observations of the writer which may or may not reflect the views of UNL or UNL Extension. For more further information on these or other topics contact D. A. Lienemann, UNL Extension Educator for Webster County in Red Cloud, (402) 746-3417 or email to: dlienemann2@unl.edu or go to the website at: http://www.webster.unl.edu/home
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