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| Duane A. Lienemann UNL Extension Educator |
Oh gosh, where do I start? There are so many things going on right now it is hard to focus on one or two things, but I think I will give my best in trying to zero into a couple of things that caught my eyes the most. If you live in the rural area of Nebraska like I do, it is not unusual to see farmer-owned semi-trucks either setting in the yards, on the road or pulled into the local cooperative with a load of grain. In the past these were treated as commercial trucks and required special license. I think we know that most family farm and ranch operations in Nebraska, and the drivers of the farm-plated vehicles used in these operations, are by no means commercial trucking operations. Yet at the same time, they rely heavily upon trucking and hauling to maintain their farm business. Now because of a Nebraska Unicameral we now have signed into law LB 983 which facilitates changes that will give the appropriate degree of regulatory flexibility and relief for farm and ranch families.
LB 983 and Farmer’s CDL Requirements: Gov. Dave Heineman signed LB 983 into law this past week after state lawmakers gave final approval to the measure. This bill is touted to give Nebraska farmers and ranchers regulatory relief in the area of farm truck regulations. For you that are not aware, this law includes provisions designed to bring Nebraska farm truck regulations in line with federal farm truck requirements. Basically the legislation exempts farm vehicle operators from having to obtain a commercial driver’s license and testing requirements. It also brings Nebraska law in line with federal rules it prevents unnecessary costs and regulations from hampering producers. For you that need to read the law for yourself you can find it on the internet by simply going to: http://nebraskalegislature.gov/FloorDocs/103/PDF/Slip/LB983.pdf
One of the most notable changes allowed by the legislation is the exemption from CDL requirements for farm covered vehicles with a gross vehicle weight rating less than 26,000 pounds, regardless of how far the farm vehicle travels. The changes also provide the CDL exemption to farm vehicles with a gross vehicle weight rating greater than 26,000 pounds provided they operate within the state or a 150-mile radius from their farm operation. That should cover most producers that I know of. Farmers, family members and employees would be exempt from the CDL requirement under certain conditions per an amendment to the bill. There are still some things about this new law that I am not exactly clear on and perhaps this will all will be clarified in the near future as this I think this is big news to farmers, their families and their employees.
One of the things that I wonder about in reading the bill is a provision that seems to point that test-takers would be required, for example, to physically perform a pre-trip inspection of commercial vehicles instead of completing that segment of the CDL exam on a computer. If this is indeed still part of the equation that I don’t see this as a big deal because everybody should know how to do a pre-trip inspection anyway for their own and the public’s safety. I know that Iowa and some other states already require test-takers to perform a physical inspection. But yet I can find no explanation on this in subsequent explanations or news articles considering this. I also wonder about the language in the bill that says it will add “new license classifications, endorsements and restrictions.” I think there are still some unanswered questions on this.
I believe there has been some Federal legislation that has had some cause and effect pressure for Nebraska to get into compliance which some regulations that are on the books. Passage of Federal MAP-21 legislation in 2012 provided some exemptions for farm operated vehicles as it relates to Commercial Driver License (CDL) requirements, hours of service, medical testing and some other requirements. But up until now, Nebraska farmers and ranchers haven’t been able to take advantage of those changes. The passage of this bill allows family farms to do so as has been the case in other states. I thought this was strange that we didn’t have the same trucking regulations as other states so was curious as to why now?
From what I could ascertain it seems to come down to availability of Federal dollars. Without a change, the federal government was set to withhold $13.7 million from the Nebraska Highway Trust Fund for fiscal 2015 and $27.4 million for fiscal 2016 and each ensuing year as penalties for noncompliance with certain federal regulations regarding testing and issuance of commercial driver's licenses and learner's permits. Now to put that into perspective Federal funding accounts for 45 percent of highway construction in Nebraska. That is significant and I am sure had a bearing in the discussion of this bill.
EPA and Our Land: I have been watching for several years the Clean Air and Water Act that is regulated by the EPA. Well this past week the EPA released a proposed rule that would vastly expand their authority over farm and ranch operations. Their proposal could have far reaching implications that would allow them to tell you what you can and can't do on your land! In short, EPA has moved ahead with a proposal that Congress and the Supreme Court have determined goes well beyond the agency's authority. This rule would give them the ability to claim federal authority over land where water pools or flows only during precipitation events (i.e. areas that are not wetlands or do not normally flow unless it is raining/snow melt). The rule could have serious consequences as this authority would give EPA the power to require you to have a permit for things like applying manure, fertilizer or pesticides; possibly even planting seeds; and even activities as commonplace and essential to farming as building a fence - but more frightening, the ability to deny a permit for you to do these things on your land. To many farm organizations this rule is about EPA controlling land use and taking away private property rights! You might read some analysis at http://www.fb.org/ and http://www.beefusa.org/ or get the take from many other farm organizations. The public-comment period for the proposed rule begins as soon as it is posted in the federal register! Be sure to study up on this and then use your rights as a citizen to give your comments towards this new rule!
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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