Possible CDL to drive a combine!!

 I know they weigh alot but they are going about 25 mph. I have worked on a farm my whole life. Most farmers have there kids help move equipment. Now the dad or mom is going to have to move equipment by themselves? Also as a farmer you can get a farm CDL for ur semi already, will that be allowed for this. How are they going to enforce it our goverment already is in debt, are we going to waste more TAX PAYERS money haveing DOT cars or highway patrol cars out on back raods looking for the farmer, or are we going to keep them on the interstate were the traffic is?

http://www.whsv.com/news/headlines/Possible_Transportation_Changes_for_Farmers_126104363.html?ref=363

funny thing is that they do not require a cdl to drive a fire truck but they want farmers to have them to drive a combine? crazy country. anyone can join a fire dept(local volunteer) and drive a 75000# fire truck without a special license. no cdl required. alot of stations police themselves and have training on the apparatus before they allow people to drive them but not all. think about it, fire trucks are heavier than a normal size truck, speeding to put out the fire and an everyday person at the wheel. i always pull over for that reason alone. not picking on firemen, alot of respect there and i did it for 17 years but some laws are just silly.

dadsdozerhd5b wrote: funny thing is that they do not require a cdl to drive a fire truck but they want farmers to have them to drive a combine? crazy country. anyone can join a fire dept(local volunteer) and drive a 75000# fire truck without a special license. no cdl required. alot of stations police themselves and have training on the apparatus before they allow people to drive them but not all. think about it, fire trucks are heavier than a normal size truck, speeding to put out the fire and an everyday person at the wheel. i always pull over for that reason alone. not picking on firemen, alot of respect there and i did it for 17 years but some laws are just silly.

Are you sure about no CDL for a firetruck? In Ia you have to have one. We had a high profile state representative from Waterloo get a DWI charge. When he resigned his elected office, it was reported his CDL was suspended and he would not be eligible to return to his previous job as a firefighter for Waterloo due to loosing his CDL.

Some States require CDL for Fire Apperatus. When I lived in Pa all That i needed was a Letter from the Chief that said i was Quilafid. I moved To Md and needed CDL.

I dont agree with the CDL for combines. However I think they should have one for farm trucks. The problom we have here by me is that farmers are getting them for silage trucks they dont know nothing about them. If it starts it is ready for the field. That fine but when you put a high school kid in it and put him on the highway that My wife drives on with my two little kids in the car.  

Edited by D17 owner - 26 Jul 2011 at 8:41pm

I don't have issues with the CDL as a matter of fact some things I'd like to see incorporated into all drivers liscence, like only having one liscence and such. Wouldn't mind if everybody had to prove they knew the basics about operating a motor vehicle and were healthy enough to drive. LOL. That said I beleive the majority of accidents between farm equipment and cars usually involve the car driver going to fast or trying to pass in an unsafe situation.

Edited by Dave in il - 26 Jul 2011 at 9:33pm

Dave in il wrote: This doesn't increase saftey in any way but it does generate revenue.

 

     Dave, you are absolutely correct about the car trying to pass because they are impatient, last week, correct me if I am wrong, but, in the north east, a car tried to pass a spray rig on a blind curve, and, killed how many people ???

I was talking to m buddy about it and I started thinking about this.  I am in school for diesel and ag mechanics, if you work on a semi and then go and test drive it you have to have a CDL. If this was passed and say you had your own shop and you got done with a repair would you have to have a CDL to go drive that tractor or combine to make sure everything was ok? Because if you do not only are every farmer going to have to get a CDL but every mechanic that works on ag equipiment will as well. 

I have to oppose this  --- It isn't about safety -- it's about revenue. It is one more obstacle for the small farmer. Requiring a CDL to move a hay rake and baler down the raod to another field is crazy. Looks like this is in VA - but folks need to pay attention iand let their elected officials know that this should not happen.

the CDL to run a tractor on the road  TELLS THE STATE THAT KNOW HOW TO DEFEND YOUR SELF FROM FLYING OBJECTS. I have had people threw bottles and cans at me while they pass me on the road and even they flip me the bird

Comment period closed end-of-June,  so it's a little late now...

But read the conclusions indicated after "GUIDANCE":

-------------------------------------------------------------
Applicability of the Commercial Driver's License (CDL) Rules to Farm
Vehicle Drivers Operating Under a Crop Share Farm Lease Agreement

    Under the Agency's CDL regulations, persons who operate a CMV, as
defined in 49 CFR 383.5, in interstate or intrastate commerce are
required to have a CDL. However, a limited exception is provided for
drivers of farm vehicles (49 CFR 383.3(d)(1)). A State may, at its
discretion, exempt drivers of farm vehicles that are:
    (1) Controlled and operated by a farmer, including operation by
employees or family members;
    (2) Used to transport agricultural products, farm machinery or farm
supplies to or from a farm;
    (3) Not used in the operations of a common or contract motor
carrier; and
    (4) Used within 241 kilometers (150 miles) of the farmer's farm.
    The exception is limited to the driver's home State unless there is
a reciprocity agreement with adjoining States.
    It has come to FMCSA's attention that States may be taking varied
approaches in interpreting the meaning of ``common or contract motor
carrier'' as it relates to farm vehicle drivers operating under a crop
share agreement and, as a result, may be applying the CDL exception
inconsistently.
    As background, it is the Agency's understanding that in a crop
share arrangement, land owners generally rent out or lease their farm
land to a tenant. The tenant agrees to pay the landlord a share of the
crops grown on the leased lands as rent. This rent, i.e., a portion of
the crops, may be paid in a series of installment payments. The parties
agree that each will provide certain items of equipment, materials, and
labor, and pay a share of the expenses to run the farming operations.
The tenant agrees to use the land for agricultural purposes only, and
to farm the land in accordance with proper farming practices. The
parties will share in the decision making and management of the farming
operations to the extent set out in the lease. The landlord has a lien
on the crops as security for the rent payable under the lease. In most
cases, it appears that the share cropper transports the landlord's
portion of the crops to market in his or her own CMV and is indirectly
and implicitly compensated for this service in the form of a reduction
in the landlord's share in the crops produced.
    The FMCSA believes that the reference to ``operations of a common
or contract carrier'' in the CDL exception (49 CFR 383.3(d)(1)(iii)) is
clear. Given the information FMCSA has received about the varied
interpretations of this phrase as it relates to crop share
arrangements, however, it acknowledges that there may be uncertainty
about how the phrase applies in the context of a crop share
arrangement.
    As a result, FMCSA requests public comment on this issue.
Specifically, FMCSA seeks information on the following questions:
     How many States have exercised the discretion provided by
49 CFR 383.3(d)(1) to include in their State CDL regulations an
exception for farm vehicle drivers?
     For States that have opted to include the farm vehicle
exception in their State CDL laws and regulations, how are States
interpreting the CDL regulations as they relate to farm vehicle drivers
working in a crop share agreement?
     Do these States construe these regulations to make farm
vehicle drivers working in a crop share agreement contract carriers?
     If so, what evidence are States reviewing to make the
determination that a farm vehicle driver working in a crop share
agreement is or is not operating as a contract carrier?
     Is the Agency's understanding of the crop share agreement
accurate?
     What types of compensation arrangements exist between farm
vehicle operators providing transportation services as part of a crop
share agreement and their landlords?

Implements of Husbandry

    This third issue arises from the fact that while a number of States
exempt ``implements of husbandry'' from their vehicle safety
regulations, there is no single, uniform definition of the term.
    For example, one State defines an implement of husbandry as farm
equipment that is equipped with pneumatic tires, infrequently operated
or moved on highways and used for the benefit of the farmer's
agricultural operations to perform agricultural production or harvest
activities or transport agricultural products or agricultural supplies.
Implements of husbandry can also be earthmoving equipment used in
farming operations. Farm tractors and combines are typical examples of
what would be considered to be implements of husbandry.
    Another State's regulations explain that implements of husbandry
include farm implements, machinery and tools, as used in tilling the
soil, including self-propelled machinery specifically designed or
adapted for applying plant food materials or agricultural chemicals but
not ``designed or adapted for the sole purpose of transporting the
materials or chemicals.'' The State provides a list of examples:
Subsoilers, dozers (provided they are for farm use), cultivators, farm
tractors, reapers, binders, combines, cotton module builders, planters,
and discs. In this example, the State's rules explain that implements
of husbandry do not include automobiles, trucks, or items used on the
farm such as irrigation systems, silos, barns, etc.
    The FMCSA believes the experience of State agencies in dealing with
implements of husbandry suggests that FMCSA should consider new
regulatory guidance to emphasize a practical approach for applying the
safety requirements under 49 CFR parts 390-399 to agriculture, rather
than one derived from strict, literal readings of the definitions of
``commercial motor vehicle'' and ``motor vehicle'' under 49 CFR 390.5.
Based on those definitions, almost any type of self-propelled or towed
motor vehicle used on a highway in interstate commerce is subject to
the FMCSRs if the threshold for weight, passenger-carrying capacity, or
amount of hazardous materials is reached. This is especially the case
when the definition of ``motor vehicle'' is considered, which includes
``any vehicle, machine, tractor, trailer, or semitrailer propelled or
drawn by mechanical power and used upon the highways. * * *'' (See 49
CFR 390.5) A narrowly literal reading would mean applying the rules in
circumstances where they would be impractical and produce no
discernible safety benefits.
    The FMCSA provides an example of a practical alternative approach
in the existing regulatory guidance concerning off-road construction
equipment. Questions 6 and 7 from 49 CFR 383.3 and Questions 7 and 8
for 49 CFR 390.5 from the 1997 Federal Register notice (62 FR 16369,
16406) are reprinted below.
    Sec.  383.3 Question 6 and Sec.  390.5 Question 7: Does off-road
motorized construction equipment meet the definitions of ``motor
vehicle'' and ``commercial motor vehicle'' as used in Sec. Sec.  383.5
and 390.5?
    Guidance: No. Off-road motorized construction equipment is outside
the scope of these definitions: (1) When operated at construction
sites; and (2) when operated on a public road open to unrestricted
public travel, provided the equipment is not used in furtherance of a
transportation purpose. Occasionally driving such equipment on a public
road to reach or leave a construction site does not amount to
furtherance of a transportation purpose. Since construction equipment
is not designed

[[Page 31282]]

to operate in traffic, it should be accompanied by escort vehicles or
in some other way separated from the public traffic. This equipment may
also be subject to State or local permit requirements with regard to
escort vehicles, special markings, time of day, day of the week, and/or
the specific route.
    Sec.  383.3 Question 7 and Sec.  390.5 Question 8: What types of
equipment are included in the category of off-road motorized
construction equipment?
    Guidance: The definition of off-road motorized construction
equipment is to be narrowly construed and limited to equipment which,
by its design and function is obviously not intended for use, nor is it
used on a public road in furtherance of a transportation purpose.
Examples of such equipment include motor scrapers, backhoes, motor
graders, compactors, tractors, trenchers, bulldozers and railroad track
maintenance cranes.
    The FMCSA proposes to issue new regulatory guidance to address
implements of husbandry, consistent with the approach used for off-road
motorized construction equipment. The Agency requests public comment on
this issue and the following proposal. Specifically, the Agency
requests comments on whether there are specific examples of implements
of husbandry that should be included in the guidance to assist the
enforcement community and the industry in achieving a common
understanding of how to apply the safety regulations.

Proposed Regulatory Guidance: Applicability of the FMCSRs to Implements
of Husbandry

Sec.  383.5 Question 13 and Sec.  390.5 Question 33

    Question: Do implements of husbandry meet the definitions of
``commercial motor vehicle'' as used in 49 CFR 383.5 and 390.5?
    Guidance: No. Implements of husbandry are outside the scope of
these definitions when operated: (1) At a farm; or (2) on a public road
open to unrestricted public travel, provided the equipment is not
designed or used to travel at normal highway speeds in the stream of
traffic. This equipment, however, must be operated in accordance with
State and local safety laws and regulations as required by 49 CFR 392.2
and may be subject to State or local permit requirements with regard to
escort vehicles, special markings, time of day, day of the week, and/or
the specific route.
    Question: What types of equipment are included in the category of
implements of husbandry?
    Guidance: The term implements of husbandry should be narrowly
construed and limited to equipment which, by its design and function is
obviously not designed or used to travel at normal highway speeds in
the stream of traffic. Examples of such equipment include, but are not
limited to, farm tractors, subsoilers, cultivators, reapers, binders,
combines, cotton module builders, planters, and discs.

Request for Comments

    FMCSA requests public comment on: (1) The distinction between
interstate and intrastate commerce in making the determination whether
certain transportation by CMVs, within the boundaries of a single
State, is subject to the FMCSRs; (2) the relevance of the distinction
between direct and indirect compensation in deciding whether certain
farm vehicle drivers working under a crop share arrangement are subject
to the Agency's CDL regulations; and, (3) the determination whether
certain off-road farm equipment and implements of husbandry operated on
public roads for limited distances should be considered CMVs and
subject to the Agency's vehicle safety equipment regulations.
    The Agency will consider all comments received by close of business
on June 30, 2011. Comments will be available for examination in the
docket at the location listed under the ``Addresses'' section of this
notice. The Agency will consider to the extent practicable comments
received in the public docket after the closing date of the comment
period.

    Issued on: May 20, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-13035 Filed 5-27-11; 8:45 am]
BILLING CODE 4910-EX-P

When I pulled up the link it was still open for comments. It did say that comments might take several months to be viewed because there could be thousands of comments.

Hee hee...

When dairy cows start keeping logbooks, dairy farmers will too.

When hogs start feeding based on timeclock shifts, hog farmers will too.

When God schedules rain in the hayfields based on workday intervals, farmers will mow and bale accordingly.

Until then, hay is made when sun shines... tassles will get pulled at night, the calves will be pulled when they're damned-well-ready, and corn will be in by first snowfall.