Saturday, April 26, 2014

STRAIGHT FROM THE HORSES MOUTH

Duane A. Lienemann
UNL Extension Educator

  If you stop at the local coffee shops, like I do in the morning, to catch up with what is going on in the farming world, you won’t find too many farmers right now.  They are, of course either preparing for - or most likely - planting this year’s crop.  You might catch them for a few minutes if they were lucky enough to get more than ten hundredths of much needed moisture, but even then it is usually a quick discussion of who got the most and where it landed.  It does seem some times that the first liar doesn’t have a chance, but that has always been the case with farmers about how much rain and their crop yields and perhaps even what their calves brought at the sale barn.  It is what makes it fun to sit in on the discussion that is carried on in cafes, co-ops, feed stores or any other destinations that a farmer knows to find coffee and friends.
     For those that participate or have even just stopped in to listen--- you know that the discussion ranges from corn and soybean prices to the new farm bill and then switches to farm auctions, new machinery advances, school and local events, cattle talk, Husker sports and yes, even once in a while some political discussion. You have to be on your toes as the direction of discussion changes course as fast as a coyote on the run, and there can be more than one discussion going on at the same time. Now it takes a real “expert” to follow everything and the really good listeners can glean bits and pieces from each topic and discussion and even put a word in sideways. I would bet this scenario is not much different anywhere in the Midwest and particularly in our little part of the world. When it comes down to it we are all pretty much made up the same, with the same values, interests, concerns and penchant to hang out with our friends and other people with similar interests and concerns.
     There is one topic that I picked up on a couple of weeks ago that I meant to try to give some explanation to, as there seems to be confusion or just plain lack of information.  I kind of put it on the back burner, but now may be a good time to discuss the update to Nebraska’s rules on CDL requirements for farmers.  I gave the basics of this change in an earlier column, but maybe we need to try to give explanation or some guidelines in regards to this change in how we do business. 
     For a little background, LB 983 was signed into Nebraska law by Governor Heineman on March 29 and became effective the very next day. Among the provisions of LB 983 was the implementation of Federal MAP 21 legislation regarding exemptions for drivers of covered farm vehicles (CFV) in Nebraska’s laws. These exemptions bring Nebraska law in line with federal laws that created the CDL exemptions in 2012.
     First what comprises the CFV’s for CDL consideration? (There has to be a joke in there somewhere.) As I understand it means -  “A motor vehicle, including an articulated motor vehicle, that:  Is operated by a farm/ranch owner or operator, or an employee or a family member of the farmer or rancher and is used to transport agricultural commodities, livestock or machinery or supplies to and from a farm or ranch, and is equipped with a special license plate or other designation by the state in which the vehicle is registered to allow for the identification of the vehicle as a farm vehicle by law enforcement.” What it does not include is: “Vehicles for hire and/or a combination of truck-tractor and semitrailer which is operated by a person under eighteen years of age and/or a combination of truck-tractor and semitrailer transporting hazardous materials in quantities that require placarding. “  Now as I understand it, a “placardable” quantity of hazardous materials means that it is a large enough amount to be contained within tanks or drums which are fixed to the exterior surface of the transport vehicle.
     The next thing to ask is where can covered farm vehicles be operated? I knew it had something to do with weight and it does. Let’s break that down. If you carry 26,000 pounds or less then you can be operating anywhere in Nebraska and in any other state.  If you carry 26,001 pounds or more then only anywhere in Nebraska, but you may cross state lines, provided it is operated within 150 miles of the farm/ranch’s operation. That answers the question about our South Central Nebraska farmers who operate both in Nebraska and Kansas.  One thing is for sure - if you plan to travel in other states using the covered farm exemption, be sure that you know what regulations apply in those states as they vary state by state.
     Another common question is if you have to surrender the CDL you now have? The short answer is that there is no need to surrender your CDL, unless you want to. Keep in mind, if you do drop your CDL, you’ll have to start all over if you ever want to drive vehicles requiring a CDL in the future. Just keep in mind what vehicles still require a CDL.
     Some other things to consider are straight forward. These little items include little tidbits like: unregistered farm vehicles do not qualify for the farm plated CDL exemptions; an operator of a Nebraska farm plated vehicle is still required to have a Class O license and must be at least 18 years old if driving a semi-truck and trailer – even if a CDL is not required; Pickups pulling anhydrous tanks remain exempt from a CDL requirements; semi-trucks and trailers hauling placardable amounts of hazardous materials are still subject to CDL’s and CDL requirements; and nothing in Nebraska’s state laws prevents owners of farm plated vehicles from continuing to obtain CDLs and meeting CDL requirement or requiring their employees to do so. Please keep in mind that the US DOT numbers are still required for farm plated vehicles (straight trucks, pickups pulling trailers, semi-trucks with trailers, etc.) when crossing state lines (ie. if you have land in Kansas and in Nebraska).
     Lastly, I would like to congratulate all the FFA members and Chapters who recently were recognized at the State FFA Convention in Lincoln.  I, each year, have the opportunity to help with the selection of the State FFA proficiency winners and State FFA Stars and in reviewing their applications, record books, interviews and even by just visiting with these great young people -- I can tell you that we have some very bright, articulate and outstanding young people - ready for our future!

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 

No comments: