Farm use vehicle or not?
Discussion in 'Trucker Legal Advice' started by GiantBeard, Dec 12, 2015.
Page 2 of 3
-
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
@GreenMonster9669 @Bean Jr.
Copied directly from the FMCSA website (395.1o):Nowhere in there does it say anything about day cabs or 100 miles. -
You're right. It doesn't. My safety director told me this, and I didn't believe him because it doesn't say so. He gave me the number of a local FMSCA officer, and he said so too. Likewise, I didn't believe him. I called OOIDA, and they explained the 100 air mile is how FMCSA is applying it even though it doesn't say so.
No matter, in this case, the driver is not being relieved of duty daily at the same location if he is driving 500 miles one way.GiantBeard Thanks this. -
Fair enough. I will keep on using it when needed. We run paperless logs and haven't had any LEOs look at them. YET.GiantBeard Thanks this.
-
This is by far the best guide to HOS for farm vehicles (and others) i have found:
https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Drivers Guide to HOS 2015_508.pdf
Edited to add: you are intra-state Kali, so you will have other rules that apply. Ask some of the Kali intrastate drivers. That may be where the 16 hrs comes from.GiantBeard Thanks this. -
Here's the rule and as usual I was only part right. While it doesn't specify day cabs, it says "drivers who start from and return to the same location on a daily basis". If you have a sleeper you might have to show proof that you only drive locally and don't use it.
https://www.kellerencompass.com/app/help/lcenter/DOTReg/reguhelp/non-mapped/Short-Haul_Exception.htm -
I would think anyone with half a brain would agree that only sleeping in my truck on a half dozen occasions over the course of a year would qualify as "returning to the same location on a daily basis". As far as proof goes, e-logs are all I really need.
-
Agreed, but then you're dealing with the government here so "half a brain" might not apply.
The thing is, trucks with sleepers get benefits that daycabs don't (being able to 8/2 split, for instance) so this might be considered a daycab thing just to even things out even though it doesn't specify it. I have no support for that statement, just trying to think of possible things that could make life difficult for you. -
If hes paying you then he's a "Business" and cannot use the farmer exemption. Also if he's selling or buying the product on the truck then is a business or commerce standing and subject to federal state laws. Private use means no money changes hands.
-
Check your state laws. If you are a farmer or rancher wich farm plates. You need to be a farmer/rancher, a relative, or an EMPLOYEE with farm plates. Can drive 150 miles, but no hazmat. Ironically anything over 1001 gal requires a tanker. You also need hazmat for annhydrous. I pull doubles @ a 1000 gal each with the pickup. Every farmer does it, almost none have any type of endorcement. If you have any investment in the farming operation, you can claim it's exchange of labor. My dad farmed for 44 years. He bought a straight truck in '79. Him and his business parther would hall loads for each other. They still got paid by check. Never been autided or questioned. Also I have two farm vehicles. Both have sleepers.
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
Page 2 of 3