Farm use vehicle or not?

Discussion in 'Trucker Legal Advice' started by GiantBeard, Dec 12, 2015.

  1. Bean Jr.

    Bean Jr. Road Train Member

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    It only applies to under 100 air miles. I don't believe that it matters whether or not you have a sleeper.
     
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  3. RustyBolt

    RustyBolt Road Train Member

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    @GreenMonster9669 @Bean Jr.

    Copied directly from the FMCSA website (395.1o):
    Nowhere in there does it say anything about day cabs or 100 miles.
     
  4. Bean Jr.

    Bean Jr. Road Train Member

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    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.
     
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  5. RustyBolt

    RustyBolt Road Train Member

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    Fair enough. I will keep on using it when needed. We run paperless logs and haven't had any LEOs look at them. YET.
     
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  6. Accidental Trucker

    Accidental Trucker Road Train Member

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  7. GreenMonster9669

    GreenMonster9669 Medium Load Member

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    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
     
  8. RustyBolt

    RustyBolt Road Train Member

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    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.
     
  9. GreenMonster9669

    GreenMonster9669 Medium Load Member

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    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.
     
  10. Cruisin thru

    Cruisin thru Bobtail Member

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    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.
     
  11. bottomhoppercrew

    bottomhoppercrew Bobtail Member

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    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.
     
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