Information regarding agricultural trucking and CDLs
Section 390.39 of Title 49, Code of Federal Regulations, provides a statutory exemption from certain Federal Motor Carrier Safety Regulation (FMCSRs), including those pertaining to commercial driver licenses (CDLs) and driver physical qualifications (medical) requirements, for the operation of covered farm vehicles by farm and ranch operators, and their employees and family members under specific circumstances. Specifically, the operation of covered farm vehicles is exempt from the following:
• 49 CFR § 382: Controlled Substances and Alcohol Use and Testing
• 49 CFR § 383: Commercial Driver's License Standards; Requirements and Penalties
• 49 CFR § 391: Subpart E: Physical Qualifications and Examinations
• 49 CFR § 395: Hours of Service of Drivers
• 49 CFR § 396: Inspection, Repair and Maintenance
Covered farm vehicles and their operators are not exempt from and must comply with 49 CFR 390, FMCSRs, General; 49 CFR 392, Driving of Commercial Motor Vehicles (CMV); 49 CFR 393, Parts and Accessories Necessary for Safe Operation; and all state size and weight, safety, and operation laws applicable to the operation of motor vehicles.
What is a covered farm vehicle?
A commercial motor vehicle as defined in 49 CFR 390.5, including an articulated vehicle, which meets the following criteria:(1) Means a straight truck or articulated vehicle -
(i) Registered in a State with a license place or other designation issued by the State of registration that allows law enforcement officials to identify it as a farm vehicle;(ii) Operated by the owner of a farm or ranch, or an employee or family member of an owner or operator of a farm or ranch;
(iii) Used to transport agricultural commodities, livestock, machinery or supplies to or from a farm or ranch;
(iv) Not used in for-hire motor carrier operations; however, for-hire motor carrier operations do not include the operation of a vehicle meeting the requirements of paragraphs (1)(i) through (iii) of this definition by a tenant pursuant to a crop share farm lease agreement to transport the landlord's portion of the crops under that agreement.
(2) Meeting the requirements of paragraphs (1)(i) through (iv) of this definition:
(i) With a gross vehicle weight or gross vehicle weight rating, whichever is greater, of 26,001 pounds or less may utilize the exemptions in §390.39 anywhere in the United States; or(ii) With a gross vehicle weight or gross vehicle weight rating, whichever is greater, of more than 26,0001 pounds may utilize the exemptions in §390.39 anywhere in the State of registration or across State lines within 150 air miles of the farm or ranch with respect to which the vehicle is being operated.
A covered farm vehicle does not include a vehicle that is transporting hazardous materials in an amount that requires placarding, nor a vehicle that is operating on a for-hire basis. These vehicles and their operators are not eligible for the covered farm vehicle exemptions.
If you need information regarding the FMCSRs or Hawai'i law regarding the operation of CMVs, designated as a covered farm vehicles or otherwise, call the Hawaii DOT Motor Vehicle Safety Office (MVSO) at 808-692-7661.
If you have any further questions regarding Federal regulations of Motor Carriers, please call the Hawaii state field office of the Federal Motor Carrier Safety Administration at (808) 541-2790.