SEPTEMBER 21, 2017 – Questions about farm exemptions come up frequently on the Foley blog. So after a reader suggested that we write an article on federal farming exemptions, we thought it would be a good idea to shed some light on this important topic.
According to the FMCSA’s definition, a farm vehicle is one that is:
*See regulation Part 390.5 for the full definition
As long as the vehicle a farmer operates conforms with the FMCSA’s CFV description, AND he or she stays within 150 air miles of the farm the vehicle is based, farmers are exempt from the regulations described below.
Farmers are exempt from many of the hours of services requirements described in regulation Part 395, including maintaining detailed paper logs and the upcoming ELD mandate. But be sure to keep in mind:
*See ELD Hours-of-Service & Agricultural Exemptions for a complete list of exemptions and further details.
Regulation Part 383 requires CDLs when the vehicle being operated exceeds 26,001 pounds; however, farmers are not required to obtain a CDL provided they never travel beyond 150 air miles and out of the state where the farm vehicle is based.
Because drivers who operate vehicles that exceed 26,001 pounds are required to obtain CDLs, they are also subject to the drug and alcohol testing requirements described in regulation Part 382. But since farmers are exempt from the CDL regulations, they are also exempt from the drug and alcohol testing regulations. As indicated above, however, if a farmer travels beyond the 150 air-mile radius and into another state, he’s then required to obtain a CDL and comply with the drug and alcohol testing regulations.
Farmers are exempt from all the requirements described in regulation Part 391 EXCEPT for the section that prohibits the use of handheld devices and texting while operating. This includes the medical evaluation and certification requirement.
Although farmers are exempt from all the requirements described in regulation Part 396, it’s a good idea to make sure the farm vehicle being operated is safe to be on the road by performing regular inspections and making repairs as needed.
Questions or concerns? Leave them in the comments section below!