Welcome Farmers !

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Kentucky State Police
Commercial Vehicle Enforcement
" Committed to Improving Highway Safety "
2
Welcome Farmers !

• Safety Regulations
• For the Farmer
• This is an overview of the Federal Safety
  Regulations and State Laws that apply to
• Farmers.

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Definitions

• Throughout this presentation, you will notice we
  talk about CFR. This is short for Code of
  Federal Regulations. It is essentially the law
  as it pertains to Commercial Vehicles.
• We will also talk about Part s I.E. Part 393 or
  Part 396. This again, is interchangeable with CFR
  or Part (XXX). They basically mean the same
  thing.
• Continued next slide

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Definitions (continued)

• The CFRs come from Title 49 and are broken into
  Parts. I.E. Part 393 deals with Parts
  Accessories.
• Part 395 deals with Hours of Service.
• Just Remember that when we are talking about CFR,
  we are generally speaking about a specific Part
  in the regulations.
• Any definition or subject matter will be
  referenced by the Part Number that it is taken
  from the Code of Federal Regulations or CFR

5
Definitions

• We will also talk about State Law and how it
  applies to Commercial Vehicles. Kentucky State
  Laws also have an abbreviation. KRS which
  stands for Kentucky Revised Statute. If KRS is
  referenced, then we are talking about Kentucky
  State Law.
• In Kentucky we also have Administrative
  Regulations. And yes they have their own
  abbreviation as well KAR or Kentucky
  Administrative Regulations.

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Commercial motor vehicle as defined in Part
390.5 means any self-propelled or towed motor
vehicle used on a highway in interstate commerce
to transport passengers or property when the
vehicle(1) Has a gross vehicle weight rating or
gross combination weight rating, or gross vehicle
weight or gross combination weight, of 4,536 kg
(10,001 pounds) or more, whichever is greater
or(2) Is designed or used to transport more than
8 passengers (including the driver) for
compensation or(3) Is designed or used to
transport more than 15 passengers, including the
driver, and is not used to transport passengers
for compensation or(4) Is used in transporting
material found by the Secretary of Transportation
to be hazardous under 49 U.S.C. 5103 and
transported in a quantity requiring placarding
under regulations prescribed by the Secretary
under 49 CFR, subtitle B, chapter I, subchapter C.
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GVWR and GCWRCFR 390.5

• Gross vehicle weight rating (GVWR) means the
  value specified by the manufacturer as the loaded
  weight of a single motor vehicle.

• Gross combination weight rating (GCWR) means the
  value specified by the manufacturer as the loaded
  weight of a combination (articulated) motor
  vehicle. In the absence of a value specified by
  the manufacturer, GCWR will be determined by
  adding the GVWR of the power unit and the total
  weight of the towed unit and any load thereon.

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Interstate Commerce

• Interstate commerce as defined in CFR Part 390.5
  means trade, traffic, or transportation in the
  United States
• (1) Between a place in a State and a place
  outside of such State (including a place outside
  of the United States)
• (2) Between two places in a State through another
  State or a place outside of the United States or
• (3) Between two places in a State as part of
  trade, traffic, or transportation originating or
  terminating outside the State or the United
  States.

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Interstate Commerce (continued)

• Wait how will that apply to me, I never leave
  Kentucky !!!!!
• Interstate means Trade, Traffic or
  Transportation across State lines.
• Intrastate means Staying within a State
  exclusively.

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Interstate / Intrastate

• Kentucky has adopted the definition of Interstate
  Commerce as well as other Federal regulation in
  601 KAR 1005 to apply to Intrastate carriers.
  This means that even if you stay within Kentucky
  with the commercial vehicle, you must comply with
  the Federal Regulations.
• The Federal rules apply within Kentucky as well
  as crossing state lines.

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For-Hire VS. Private

• For-Hire
• ABC Trucking
• ACME Moving/Storage
• We Haul 4U Inc
• UPS
• TNT Holland
• JB Hunt

• Private / Not for Hire
• Louisville Tractor
• (DOT - 314261)
• Southern States Coop
• (DOT - 297248)
• Tractor Supply
• (DOT - 1508618)

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Regardless whether For Hire or Private

• It is
• Still
• Commercial !
• Per the definition of a commercial vehicle.
• CFR 390.5

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Part Numbers

• Part 383 Commercial Drivers License
• Part 390 General Applicability / Definitions
• Part 391 Driver Qualifications
• Part 392 Driver Rules Regulations
• Part 393 Parts Accessories for Safe Operation
• Part 395 Hours of Service
• Part 396 Inspection, Repair, Maintenance.
• Part 397 Transportation of Hazardous Materials
  Parking Rules

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Farmer as defined in CFR Part 390.5 means any
person who operates a farm or is directly
involved in the cultivation of land, crops, or
livestock which (a) Are owned by that person
or(b) Are under the direct control of that
person.
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Farm vehicle driver as defined in CFR 390.5
means a person who drives only a commercial motor
vehicle that is (a) Controlled and operated by
a farmer as a private motor carrier of
property(b) Being used to transport either
(1) Agricultural products, or(2) Farm
machinery, farm supplies, or both, to or from a
farm(c) Not being used in the operation of a
for-hire motor carrier(d) Not carrying
hazardous materials of a type or quantity that
requires the commercial motor vehicle to be
placarded in accordance with CFR 177.823 of this
subtitle and(e) Being used within 150 air miles
of the farmer's farm.
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Definition AgricultureKRS 246.010

• Agriculture means the business of raising or
  producing
• Crops, the products of which are used for food,
  feed, fiber, energy, or pharmaceuticals
• Horticulture products
• Tobacco
• Aquaculture products
• Livestock, poultry, and ratite birds and eggs
• Milk and milk products
• Bees and bee products and
• Timber

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DOT NumbersCFR Part 390.19

• US DOT numbers are required when you use a
  vehicle(s) which meet the definition of a
  commercial vehicle and are used in Commerce.
• Certain exemptions/exceptions apply to Kentucky
  Farmers PROVIDED you stay within Kentucky!
• More Later!

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DOT Numbers (continued)

• DOT Numbers are essentially a tracking number for
  the company or entity.
• They identify a specific company, especially if
  they have the same name I.E. JoeBuds Farms.
• The best part, its
• FREE!

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DOT Numbers / Farm Exemptions Interstate Vs.
Intrastate

• Interstate
• Cross State Lines with a vehicle(s) which has a
  GVWR or GCWR of 10,001 lbs or more.
• In Commerce

• Intrastate
• Stay within Kentucky in Commerce
• Exempt from DOT between 10,000 26,000.(Farm)
• If GVWR is 26,001 or above DOT is required
  (Intrastate).

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IMPORTANT NOTE!

• When you cross state lines, in a commercial
  vehicle, you fall under the Federal Motor Carrier
  Safety Regulations and must
• Adhere to the rules.

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Marking Requirements

• Interstate
• US DOT Number
• Company/Farm Name
• Required for any Vehicle(s) 10,001 or greater or
  Combination of Truck and trailer.

• Intrastate
• DOT Number and Name NOT required for (GVWR/GCWR)
• vehicles 26,000 or below. Farm Vehicles ONLY
• 26,001 and ABOVE required Name and DOT Number

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Joe Buds Farms US DOT 123456
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Driver QualificationsCFR Part 391

• Under CFR Part 391.2 General Exemptions Farm
  Vehicle Drivers are exempt from obtaining the
  Medical Examiners Certificate (Medical Card)
  provided they DO NOT drive an articulated
  (combination) vehicle.
• Articulated Means A truck and trailer or
  combination of units.
• HOWEVER !

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Articulated (Combination Vehicles)

• CFR Part 391.67
• If the vehicle is an articulated (combination
  vehicle), the driver is REQUIRED to obtain the
  Medical Examiners Certificate or (Medical Card)

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Farm vehicle driver defined in CFR Part 390.5
means a person who drives only a commercial motor
vehicle that is (a) Controlled and operated by
a farmer as a private motor carrier of
property(b) Being used to transport either
(1) Agricultural products, or(2) Farm
machinery, farm supplies, or both, to or from a
farm(c) Not being used in the operation of a
for-hire motor carrier(d) Not carrying
hazardous materials of a type or quantity that
requires the commercial motor vehicle to be
placarded in accordance with CFR 177.823 of this
subtitle and(e) Being used within 150 air miles
of the farmer's farm.
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Do you drive a Commercial Vehicle ?
Is the Manufacturers Weight Rating of the
Towed vehicle(s) over 10,000 pounds?
Is the combined Manufacturers weight Rating for
all the vehicles Over 26,000 pounds ?
YES
STOP You need a Class A License
YES
YES
NO
NO
Is the Manufacturers Weight Rating of Your
Single Vehicle over 26,000 Pound ?
STOP You need a Class B License
YES
NO
CDL Flowchart
Is you Vehicle Designed To Carry 16 or more
Persons including the driver?
STOP You need a Class C License
YES
Exemptions
NO

• Operators of Farm Trucks
• Used within 150 miles of the farm
• Fire equipment and emergency
• vehicles
• Military Vehicles
• Recreational Vehicles

Does Your Vehicle Carry Placarded Hazardous
Materials ?
STOP You need a Class C License
YES
STOP
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Do you drive a Commercial Vehicle ?
Is the Manufacturers Weight Rating of the
Towed vehice(s) over 10,000 pounds?
Is the combined Manufacturers weight Rating for
all the vehicles Over 26,000 pounds ?
YES
STOP You need a Class A License
YES
YES
NO
NO
Is the Manufacturers Weight Rating of Your
Single Vehicle over 26,000 Pound ?
STOP You need a Class B License
YES
NO
Is you Vehicle Designed To Carry 16 or more
Persons including the driver?
STOP You need a Class C License
YES
CDL Flowchart
Exemptions
NO

• Operators of Farm Trucks (Farm or Agriculture
  Related)
• Used within 150 miles of the farm
• Fire equipment and emergency
• vehicles
• Military Vehicles
• Recreational Vehicles

Does Your Vehicle Carry Placarded Hazardous
Materials ?
STOP You need a Class C License
YES
STOP
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CDLs (continued)

• If driving outside the 150 air-miles
• Must obtain the proper class CDL
• Medical certificate (articulated/combination)
• Must enroll in a Drug testing program
• When a CDL is required, Drug/Alcohol Testing is
  required Intra or Interstate!

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Seasonal Workers
Foreign nationals over the age of sixteen (16)
who possess a valid drivers license from their
domicile country and are visiting the
Commonwealth of Kentucky may operate a motor
vehicle without obtaining a Kentucky operators
license for up to one (1) year, pursuant to KRS
186.430.

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CFR Part 393 Parts Accessories

• Part 393 deals basically with the parts and
  accessories on the vehicle(s).
• Part 393 of the Federal Motor Carrier Safety
  Regulations spells out the required equipment
  that a commercial vehicle must have in order to
  operate within compliance.

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CFR Part 393

• Violation
• A violation is something that does not meet the
  Federal Motor Carrier Safety regulations.
• I.E. Tires, lights, etc.

• OOS- Out of Service
• An out of service condition means the violation
  has met a threshold, and is deemed too unsafe to
  continue to be on the road. So the vehicle is
  taken Out of Service.

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Out of Service

• CVE goes by the Out of Service Criteria (OOSC).
  This is a document containing violations deemed
  unsafe and is comprised and accepted by Law
  Enforcement as well as the Trucking Industry.
• The Criteria is proposed and voted on by the
  Commercial Vehicle Safety Alliance or (CVSA)
  again comprised of Government and Industry.

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Farm Exceptions / CFR Part 393

• 601 KAR 1005
• (3)(a) A motor vehicle which is used
  exclusively in intrastate commerce and
  exclusively in farm-to-market agricultural
  transportation when operated during daylight
  hours by a private motor carrier shall not be
  required to comply with 49 C.F.R. 393.9 to
  393.33, relative to lighting device requirements,
  except as required by paragraph (b) of this
  subsection.
•       (b) A motor vehicle as described in
  paragraph (a) of this subsection shall have two
  (2) stop lamps and mechanical turn signals as set
  forth in 49 C.F.R. 393.9 to 393.33.
•       (4)(a) A motor vehicle which is used
  exclusively in intrastate commerce and
  exclusively for the transportation of primary
  forest products from the harvest area to a mill
  or other processing facility which is located at
  a point not more than fifty (50) air miles
  (eighty and five-tenths (80.5) air kilometers)
  from the harvest area when operated during
  daylight hours shall not be required to comply
  with 49 C.F.R. 393.9 to 393.33, relative to
  lighting devices requirements, except as required
  by paragraph (b) of this subsection.
•       (b) A motor vehicle as described in
  paragraph (a) of this subsection shall have two
  (2) stop lamps and mechanical turn signals as set
  forth in 49 C.F.R. 393.9 to 393.33.

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LOAD SECUREMENTCFR Part 393.100

• Applicability. The rules in this subpart are
  applicable to trucks, truck tractors, semi
  trailers, full trailers, and pole trailers.
• Prevention against loss of load. Each commercial
  motor vehicle must, when transporting cargo on
  public roads, be loaded and equipped, and the
  cargo secured, in accordance with this subpart to
  prevent the cargo from leaking, spilling, blowing
  or falling from the motor vehicle.
• Prevention against shifting of Load. Cargo must
  be contained , immobilized or secured in
  accordance with this subpart to prevent shifting
  upon or with the vehicle to such an extent that
  the vehicles stability or maneuverability is
  adversely affected.

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Load Securement

• KRS 189.150 Escaping contents -- Shifting or
  spilling loads.
• (1) No vehicle shall be operated upon any highway
  unless it is so constructed as to
• prevent its contents from escaping.
• (2) No vehicle shall be operated upon any public
  highway for a distance of over one (1)
• mile whose load is susceptible to shifting or
  spillage unless said load is covered
• with a device suitable for prevention of
  spillage.
• Effective July 15, 1982

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Load Securement (Plain talk)

• When you put it in or on your truck it is
  YOUR responsibility!
• Not the little old lady from Pasadena
• Not the 16 year old boy who just started driving
  Daddys Mustang yesterday.
• YOUR RESPONSIBLE !!

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SEAT BELTS
189.125 Requirements of use of seat belts,
child restraint systems, and child booster seats
-- Exceptions. (1) Except as otherwise provided
in this section, "motor vehicle" as used in this
section means every vehicle designed to carry ten
(10) or fewer passengers and used for the
transportation of persons, but the term does not
include (a) Motorcycles (b) Motor driven
cycles or (c) Farm trucks registered for
agricultural use only and having a gross weight
of one (1) ton or more.
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Brakes

• CFR Part 393.42 Brakes are required on vehicles
  which meet the definition of a commercial vehicle
  per CFR Part 390.5
• GVWR, GCWR or Physical gross weight of 10,001 or
  more.
• Trailers included
• There are some very minor exceptions!!!

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Brakes Exceptions (Trailers)
47
Emergency Breakaway

• If CMV which is a trailer is required to have
  brakes, under CFR Part 393.42 then it is required
  to have an emergency breakaway device.
• CFR Part 393.43 requires trailers to have a
  means of automatically applying the service
  brakes in case of a breakaway.

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Hours of Service (Log Books)CFR Part 395

• Farm Vehicle Drivers are exempt from the Hours of
  Service.
• PROVIDED !

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Hours of Service Exceptions

• Hauling Farm Equipment/ Supplies
• During Kentuckys Planting/Harvesting Season
• Planting Season -March 1 to November 23
• Harvesting Season-June 1 to December 15 of each
  year.
• Livestock Feed Year round
• Stay within a 100 air-mile radius from the farm

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Annual InspectionsCFR Part 396.17

• What is the annual inspection ?
• How / Where do I get the inspection ?
• What are they going to check ?
• Different ways to provide proof of Inspection ?
• Requirement for Self-Certification

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Annual Inspections / Safety Inspections

• There are 13 critical item catagories that are
  checked by the annual inspection/random safety
  inspection
• Brake system Suspension
• Coupling Devices Tires
• Exhaust Trailer Bodies
• Frames Wheels/Rims
• Fuel Systems Windshield Wipers
• Lighting Devices
• Load Securement
• Steering

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Who can complete an Annual Inspection?
396.19 Inspector qualifications. (a) Motor
carriers and intermodal equipment providers must
ensure that individuals performing annual
inspections under 396.17(d) or (e) are qualified
as follows (1) Understand the inspection
criteria set forth in part 393 and appendix G of
this subchapter and can identify defective
components (2) Are knowledgeable of and have
mastered the methods, procedures, tools and
equipment used when performing an inspection and
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(3) Are capable of performing an inspection by
reason of experience, training, or both as
follows (i) Successfully completed a Federal- or
State-sponsored training program or have a
certificate from a State or Canadian Province
that qualifies the individuals to perform
commercial motor vehicle safety inspections, or
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(ii) Have a combination of training or experience
totaling at least 1 year. Such training or
experience may consist of (A) Participation in a
commercial motor vehicle manufacturer-sponsored
training program or similar commercial training
program designed to train students in motor
vehicle operation and maintenance
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(B) Experience as a mechanic or inspector in a
motor carrier or intermodal equipment maintenance
program (C) Experience as a mechanic or
inspector in commercial motor vehicle maintenance
at a commercial garage, fleet leasing company, or
similar facility or (D) Experience as a
commercial motor vehicle inspector for a State,
Provincial or Federal Government.
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(b) Motor carriers and intermodal equipment
providers must retain evidence of that
individuals qualifications under this section.
They must retain this evidence for the period
during which that individual is performing annual
motor vehicle inspections for the motor carrier
or intermodal equipment provider, and for one
year thereafter. However, motor carriers and
intermodal equipment providers do not have to
maintain documentation of inspector
qualifications for those inspections performed
either as part of a State periodic inspection
program or at the roadside as part of a random
roadside inspection program.
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AHHH! Farm Plates!

• 2 Types of farm plates in Kentucky.
• 1st is the 0-38,000
• 2nd is 44,000 80,000

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Farm Plates 0-38,000 Lbs.

• KRS 186.050(4)(a)
• Key words-
• Not For-Hire Transportation May be used for

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38,000 Lbs Farm Plate (Cont.)

• The 38,000 lbs Farm Plate may be used as long as
  it is NOT being used in a For-hire
  transportation. In other words, any farmer
  regardless if they are moving things for the
  farm.
• The individual can use the 38,000 farm plate with
  a private business I.E. Bobs pressure washing,
  provided they are only hauling their own
  equipment or product.

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38,000 Farm Plate (Cont.)

• For-Hire Transportation means they are hauling
  something for someone else. I.E. Hauling
  someones furniture, or hauling rock for someone
  else. The commodity doesnt belong to them.
• An example of Private-carrier would be the farmer
  having a side business of putting in septic
  tanks, and he is hauling his own equipment.

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Farm Limited Plate
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Farm Limited Plate (continued)KRS 186.050(4b)

• They are a Farmer
• Engaged in Production of Crops/Livestock
• Truck used ONLY in operation of THEIR Farm
• KRS 186.050(4b)
• CANNOT use for other business for-hire or private

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Trailers PlatesExemptionsKRS 186.650 186.675

• Farm Licensed Vehicles 38,000 farm plates
• Trailer Plate Not Required

A trailer plate is not required when operating as
a
farm operation.
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Trailer Plates

• If the trailer is being towed by a vehicle with
  the Farm Limited plate, then the trailer is
  required to be licensed.

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Over dimensional Loads601 KAR 1018

• Section 9. Farm Implements. (1) Unless the
  movement occurs on an interstate highway, toll
  road, or fully-controlled access highway, a
  permit shall not be required for transport of
  overdimensional farm implements for the following
  trips
•       (a) From one (1) farm to another
•       (b) From a farm to a repair shop or
  dealer or
•       (c) From a repair shop or dealer to a farm.

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OD Loads (Continued)

• A permit holder or other operator moving over
  dimensional (farm implements) shall comply with
  the safety requirements set forth in this
  administrative regulation.
• 601 KAR 1018

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Fuel Tax / Weight Distance Tax601 KAR 1200

• Farm registered vehicles from KY or another
  states jurisdiction as a farm vehicle are exempt
  from
• FUEL Tax (KIT/IFTA)
• Weight Distance Tax
• (KYU)

• The FUEL tax or (IFTA) may be required in another
  state regardless how the vehicle is registered.
• You must check with that state.

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WEIGHT

• Vehicles registered under KRS 186.050(4) (Farm
  Licensed) are excluded from axle weight
  provisions and subject only to gross weight
  provisions, except upon the interstate system.
• Vehicles registered under KRS 186.050(3b)
  (Primary Forest Product) may exceed the axle or
  gross weight limits by 10 tolerance except upon
  the interstate system.

186.050(4)(b) Farm Limited
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Weigh Stations

• Do I have to Stop
• At
• Weigh Stations ?

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Weigh Stations
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Rules Regulations

• The Safety regulations can be obtained from the
  internet at www.fmcsa.dot.gov
• The Federal Regulations can also be found in book
  form at most truck stops.
• The State Laws and Administrative Regulations can
  be found at http//www.lrc.ky.gov/statrev/frontpg.
  htm

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Glossary of Terms/Abbreviations

• CFR Code of Federal Regulations
• FMCSA Federal Motor Carrier Safety
  Administration
• Part Specific Part of the Federal Safety
  Regulations
• KRS Kentucky Revised Statutes
• KAR Kentucky Administrative Regulations
• GVWR Gross Vehicle Weight Rating
• GCWR Gross combination Weight Rating

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Contact Us
Kentucky State Police Division of Commercial
Vehicle Enforcement 919 Versailles
Road Frankfort, Kentucky 502-782-1800
www.KentuckyStatePolice.org