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Hi, I’m Indiana personal injury attorney David Holub. This is the 6th and final video in a 6-part series discussing commercial vehicle regulations. In particular, we discussed the FMCSR rules and how they apply to commercial truck drivers and motor carriers.
If you listened to the first five podcasts, you are now an expert on the operational requirements of commercial motor vehicles. Maybe not an expert, but someone with more knowledge on the FMCSR rules and how they apply to commercial truck drivers and motor carriers.
In this video we address a situation where you might find yourself sharing a highway with a farm semi-tractor trailer loaded with grain or livestock. Must the farmer comply with the many regulations involving other commercial vehicles? The answer is, for the most part, yes. But, also, no.
Agricultural use operators must comply with key requirements, such as checking for brake operation, checking the tires, and ensuring the vehicle is in good operational order.
However, many states either exempt agricultural transportation vehicles from the more demanding regulations or offer a waiver for farm vehicles. For example, a restricted CDL may be offered in some states. This exempts drivers from meeting specific training requirements (such as hazmat training), but they are only permitted to operate agricultural vehicles.
To qualify for an exemption or waiver, the agricultural use vehicle must:
- be controlled and operated by a farmer, employees, or family members;
- be used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm;
- not be used in the operations of a for-hire motor carrier; and,
- be used within 150 miles of the farmer's farm.
Also, basic regulations, such as setting out flares and warning signs if the vehicle stalls on the roadway, apply to agricultural use vehicles. However, one of the most critical differences in farm semi-tractor-trailers treatment under the law is the insurance coverage required for such vehicles.
Commercial motor vehicles operated by motor carriers must have $1 million coverage. Farm tractor-trailer operations do not. The lack of coverage can be important if you collide with the farm semi-tractor trailer.
Most states justify the lower insurance coverage limits by stating that the farm vehicle is not on the road often and is only used seasonally at limited times of the year. Thus, farmers do not have to pay the high premiums of $1 million in insurance coverage.
If you're going to get involved in a collision with a semi-tractor-trailer, be sure you collide with one with the required $1 million of coverage.
This completes our 6-part series dealing with the Federal Motor Carrier Safety Regulations. We have just touched the surface. We have more information on our website.
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