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sc kansas | Melvin, First I agree everyone has a different answer. Take a deep breath and calm down. I just came from the DOT last week and they must not be near as educated as yourself. They told me you do have to have a class B at a minimum to run a tandem truck without a trailer. I got caught last year and pulled over in a farm truck, they were nice enough to let me finish the trip, but told me they would be watching for me. Maybe he was wrong and I could sue him for harassment. I also think it is a bad idea to put farmers in a truck and make them except from safety issues because of a plate on a truck that says farm. If you have time read the following, it will scare you. Are we the first leg of interstate shipment????????
In order to determine the applicability of the state and/or federal safety regulations you must remember, the Federal Motor Carrier Safety Administration (FMCSA) has jurisdiction over Commercial Drivers License (CDL), Controlled Substance & Alcohol Testing and Hazardous Materials (HM) in intrastate and interstate commerce.
Kansas farmers operating Commercial Motor Vehicle’s (CMV) “wholly in intrastate commerce” are exempt from the state’s safety regulations under K.S.A. 66-1,129 (c) (1) which states:
(c) Any rules and regulations of the commission, adopted pursuant to this section, shall not apply to the following, while engaged in the carriage of intrastate commerce in this state:
(1) The owner of livestock or producer of farm products transporting livestock of such owner or farm products of such producer to market in a motor vehicle of such owner or producer, or the motor vehicle of a neighbor on the basis of barter or exchange for service or employment, or to such owner or producer transporting supplies for the use of such owner or producer (in or producer), or in the motor vehicle of a neighbor on the basis of barter or exchange for service or employment.
However: K.S.A. 66-1,129 (c)
READ THIS
(1) does not exempt a farmer that transports grain to an elevator that loads the grain onto railcars or trucks for out-of-state shipment. The FMCSA has determined that the first move, field to elevator, could be the first leg of an interstate shipment. This ruling is consistent with the Title 49 C.F.R. Part 390.5 definition of interstate commerce.
With this in mind, grain transported by the producer to the local elevator, feedlot or flour mill that is processed or consumed in Kansas is considered intrastate commerce and meets the K.S.A. 66-1,129 (c) (1) exemption.
However, grain produced in Kansas that does not stay in Kansas, would be considered interstate or international commerce. This would include any portion of the shipment within Kansas.
Based on the federal interpretation that grain transported from the field to the local elevator is interstate commerce, how does this ruling impact the local farmer? | |
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CDL for farm trucks............??
