Chapter 27
Farmers, Implements of Husbandry & Agricultural Operations
GENERAL
The Federal Motor Carrier Safety Regulations (FMCSRs) apply to Farmers when they use a commercial motor vehicle.
- A commercial motor vehicle is a vehicle used on a highway to transport passengers or property when the vehicle:
- Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of 10,001 pounds or more, or
- Is designed to transport 16 or more passengers including the driver, or
- Is of any size and used in the transportation of hazardous materials which require placards as set forth in 49 CFR 171 - 178, and,
- Is used in commerce.
- A farmer is a person who cultivates land, or raises poultry, crops or livestock. Only certain agricultural exemptions apply. This section is intended to clarify such exemptions.
EXEMPTIONS
- Utah is currently sharing reciprocity agreements for farm-plated vehicles registered in either state to haul their own farm equipment or product.
- Securement/Tarping requirements do not apply to a vehicle or implement of husbandry carrying an agricultural product, if the agricultural product is:
- Being transported in a manner which is not a hazard or a potential hazard to the safe operation of the vehicle or to other highway users, and
- Loaded in a manner that only allows minimal spillage.
- Any implement of husbandry only incidentally operated on the highway by a farmer is not subject to license or registration.
Per UCA 72-9-105(4) commercial vehicles operating Intrastate only, primarily used by a farmer for the production of agricultural product are exempt from the vehicle marking requirements.
OBTAINING OVERSIZE AND/OR OVERWEIGHT PERMITS
Before moving a vehicle or load, which exceeds legal dimensions as outlined in the Legal Vehicle Dimensions a permit must be obtained and carried in the vehicle for inspection by law enforcement personnel. Destroyed or illegible permits may be re-printed or replaced at any port of entry.
The appropriate permit for oversize vehicles and loads, including special mobile equipment, must be obtained prior to operating within the State of Utah, except when entering on I-15 (St. George), I-80 (Echo and Wendover), and I-70 (Loma, Colorado).
Note: These ports are located at the border and permits are available upon entry. If port of entry is closed permits may be purchased online, or contact the closest port of entry or the Motor Carrier Division. Contact information can be found in the Utah Agency Directory Section.
Permits may be purchased online at www.udot.utah.gov/public/mcs prior to entry. Permits may be purchased by major credit card and may be issued based on annual permit dimensions and weight, or on a single trip basis.
Chapter 27
Farmers, Implements of Husbandry & Agricultural Operations
GENERAL
The Federal Motor Carrier Safety Regulations (FMCSRs) apply to Farmers when they use a commercial motor vehicle.
- A commercial motor vehicle is a vehicle used on a highway to transport passengers or property when the vehicle:
- Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of 10,001 pounds or more, or
- Is designed to transport 16 or more passengers including the driver, or
- Is of any size and used in the transportation of hazardous materials which require placards as set forth in 49 CFR 171 - 178, and,
- Is used in commerce.
- A farmer is a person who cultivates land, or raises poultry, crops or livestock. Only certain agricultural exemptions apply. This section is intended to clarify such exemptions.
EXEMPTIONS
- Utah is currently sharing reciprocity agreements for farm-plated vehicles registered in either state to haul their own farm equipment or product.
- Securement/Tarping requirements do not apply to a vehicle or implement of husbandry carrying an agricultural product, if the agricultural product is:
- Being transported in a manner which is not a hazard or a potential hazard to the safe operation of the vehicle or to other highway users, and
- Loaded in a manner that only allows minimal spillage.
- Any implement of husbandry only incidentally operated on the highway by a farmer is not subject to license or registration.
Per UCA 72-9-105(4) commercial vehicles operating Intrastate only, primarily used by a farmer for the production of agricultural product are exempt from the vehicle marking requirements.
OBTAINING OVERSIZE AND/OR OVERWEIGHT PERMITS
Before moving a vehicle or load, which exceeds legal dimensions as outlined in the Legal Vehicle Dimensions a permit must be obtained and carried in the vehicle for inspection by law enforcement personnel. Destroyed or illegible permits may be re-printed or replaced at any port of entry.
The appropriate permit for oversize vehicles and loads, including special mobile equipment, must be obtained prior to operating within the State of Utah, except when entering on I-15 (St. George), I-80 (Echo and Wendover), and I-70 (Loma, Colorado).
Note: These ports are located at the border and permits are available upon entry. If port of entry is closed permits may be purchased online, or contact the closest port of entry or the Motor Carrier Division. Contact information can be found in the Utah Agency Directory Section.
Permits may be purchased online at www.udot.utah.gov/public/mcs prior to entry. Permits may be purchased by major credit card and may be issued based on annual permit dimensions and weight, or on a single trip basis.
The following conditions must be met to obtain a permit:
- Be in compliance with all financial responsibility obligations as specified under 49 CFR 387, R909-1 (Intrastate carriers).
- Vehicle(s) must be properly registered. UCA 41-1a-101
- Driver(s) are properly licensed with appropriate endorsements
- Must be in compliance with the Federal Motor Carrier Safety Regulations (FMCSRs). 49 CFR Parts 382-399
- Must be in compliance with the Hazardous Material Regulations (HMRs) 49 CFR Parts 171-180.
- Must be in compliance with all UCR requirements
TRANSFER / REPLACEMENT OF PERMITS
Permits may be transferred through the Online Permit System or Motor Carrier Division personnel may transfer permits from one vehicle to another for a $25 fee under the following conditions:
- Annual and semi-annual permits may be transferred to another unit within the same company.
- Customer has sold or bought a vehicle.
- Lease changes from one company to another. Documentation providing evidence of permit ownership will be required prior to permit transfer.
- Company reorganization or name change.
- The original permit, or evidence of having an original permit, shall be presented to the issuing agent.
- A transfer permit will be issued the same expiration date as the original permit.
The following information must be provided when applying for a permit:
- Motor Carrier information:
- USDOT number
- Address
- Telephone number
- Fax number (if available)
- Web address (if available)
- Email address (if available)
- Vehicle information
- License number, state, expiration date
- Vehicle make, year, registered weight
- Unit number
- Complete Vehicle Identification Number (VIN)
- Specific load information
- Permit duration (Single, Semi-Annual, Annual)
- Requested routes
- Dimensions, length, width, height, front and rear overhang.
PERMIT REFUNDS
To request a permit refund, please contact the port supervisor at the location where the permit was purchased. For refunds on self issued permits contact the Motor Carrier Division at (801)965-4508 or (866) 215-5399. Contact information can be located in the Utah Agency Directory Section.
LIABILITY OF PERMITTEE
The applicant or permittee, as a condition for obtaining an oversize permit, shall assume all responsibility for crashes, including injury to any persons or damage to public or private property caused by operations.
INDEMNITY CLAUSE
The applicant or permittee agrees to indemnify and hold harmless the Department from any and all claims resulting directly or indirectly from the operation and/or transportation of vehicles or combination of vehicles operating under an oversize/overweight permit.
PERMIT REVOCATION, SUSPENSION, AND CONFISCATION
Violation of the terms or conditions of an oversize/overweight permit, including but not limited to speeding, lane travel, weather, load securement, Federal Motor Carrier Safety Regulations, and/or Hazardous Material Regulations may result in the revocation, suspension, or confiscation of the permit. Before the vehicle can be moved, it must be made legal, properly permitted, and violations corrected.
Patterns of non-compliance at a company level may constitute action taken against the carrier's overall permit privileges and may result in additional civil penalties and an order to cease operations.
COMMERCIAL VEHICLES TRAVELING ON A FREEWAY OR INTERSTATE HIGHWAY
Vehicles operating under an oversize/overweight permit shall not be operated in excess of the posted speed limit. In no case shall a permitted movement proceed at a speed, which shall endanger the safety of persons or property.
WEATHER TRAVEL RESTRICTIONS
49 CFR 392.14
Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions are present, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.
TRAVEL LANE RESTRICTIONS
UCA 41-6a-701
Left Lane Travel Restrictions
A person may not operate a vehicle in the left-most lane or High Occupancy Vehicle (HOV) lanes if:
- Vehicle is drawing a trailer or semi trailer regardless of size, or
- Vehicle or combination of vehicle has a gross vehicle weight of 12,001 or more pounds.
- Left most lane when three or more lanes exist in the direction of travel.
Right Lane Travel Restrictions
- Permitted non-divisible vehicles shall be driven in the right-most lane of traffic, except where the right lane must exit.
- When overtaking and passing another vehicle, permitted non-divisible vehicles shall be driven to the immediate left of the right-most lane returning to the right most lane as soon as feasible
- If right-most lane is designated as an "auxiliary" lane, vehicles shall operate in the center lane until the "auxiliary" lane ends.
VENDORS AND MANUFACTURERS
Vendors and manufacturers of trailers, special mobile equipment, or specialized vehicles and/or combination of vehicles, are urged to coordinate with the Motor Carrier Division before manufacturing, modifying or selling such equipment for use in this state. For additional information refer to the end of this section.
VIOLATION OF WEIGHT LIMITS
Overweight vehicles or combination of vehicles shall be brought within legal limits at the point of violation unless there is a potential hazard, as determined by enforcement personnel. If it is determined that a hazard exists, the vehicle shall be moved to the closest location where the excessive weight can be safely transferred to another vehicle unless, in the judgment of the enforcement personnel, it is safer to proceed to the original destination. UCA 72-7-405(3)(b)
AUTHORIZED WEIGHING EQUIPMENT
Utah uses a number of different types of weighing equipment. These include portable scales, certified privately owned scales, and official port of entry facilities along state highways and interstates.
TIRE LOAD
In circumstances where weight limitations are based on tire width, the manufacturer's size, as indicated on the sidewall will be used to determine maximum tire width.
- For non-permitted/legal vehicles, no tire shall exceed 600 pounds per inch of tire width as indicated on the sidewall.
- Tire loading on vehicles requiring an overweight or oversize permit shall not exceed 500 pounds per inch of tire width for tires 11 inches wide and greater.
- Tires less than 11 inches wide shall not exceed 450 pounds per inch of tire width.
Example: Tire sidewall reads: 265 R 22 265 is the metric width, to convert, multiply 265 by .04 which gives you 10.6. Your tire would be 10.6 inches wide.
HAY TRUCK OPERATIONS
Vehicle combinations may transport two rolls or bales of hay side by side when:
- The two rolls or bales are 10 feet or less in combined width.
- Load is being operated with a valid oversize permit.
- The vehicle unladen is legal width.
- Loads are properly secured.
- All other laws and regulations are complied with.
IMPLEMENTS OF HUSBANDRY MOVED BY A FARMER
UCA 72-7-407
Implements of husbandry moved by a farmer, rancher or his employees in connection with an agricultural operation are exempt from permitting requirements provided the following conditions are met:
- Front and rear escort vehicles are required when the implement is 16 feet in width.
- One or more escort vehicles are required when the implement is traveling on a highway where special hazards exist.
Note: Special hazards are defined as extreme weather conditions and/or highway construction or maintenance projects.
IMPLEMENTS OF HUSBANDRY PERMITS
UCA 72-7-407
Except as described above, implements of husbandry being moved upon a highway are authorized to purchase annual oversize permits in compliance with the following:
- Prior to transporting loads that exceed 16 feet in width and/or 14 feet in height contact the Motor Carrier Division to obtain routing.
- Prior to transporting loads in excess of 14 feet in width on unfamiliar or unusual routes contact the nearest Port of Entry for routing. See the Utah Agency Directory Section for information.
- Police escorts as required when in excess of:
- 17 feet 6 inches high all roads.
- 17 feet wide on secondary highways
- 22 feet wide on interstate highways
- One certified pilot/escort vehicle shall accompany loads in excess of 14 feet in width only when special hazards exist.
Note: Special hazards are defined as extreme weather conditions and/or highway constructions or maintenance projects.
- Two certified pilot/escort vehicles must accompany loads 16 feet in width or greater.
VEHICLES CARRYING LIVESTOCK OR GRAIN
Vehicles may carry up to 36,000 pounds on a tandem axle without obtaining overweight permit if:
- The load is livestock as defined in UCA 4-1-8(6), "Cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in UCA 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit."
- The load is grain being transported by a farmer from a farm to market in a raw state prior to bagging, weighing or processing.
- The vehicle is not operated on an Interstate Highway or the Defense Highway System: US 491; US 191 (from US 491 to I-70); US 6, and all roads leading into or out of a military facility.
- The GVW does not exceed 80,000 pounds.
- While the defined legal and permitted weight limits apply to livestock as well as to other carriers, consideration shall be given to the unique nature of living cargo, which can move around changing axle weights. This is especially true where dividers are not built in livestock compartments.
- Every reasonable effort shall be made to minimize the delay of livestock carriers in the ports of entry, so as to avoid harm or injury to the animals.
- If off-loading is required, the animal's safety and that of personnel involved shall be given the highest priority.
CDL STANDARDS/REQUIREMENTS
These requirements apply to farmers if their vehicle(s):
- GVWR is 26,001 pounds or more; or
- GCWR is 26,001 pounds or more, inclusive of a towed unit with a GVWR of 10,001 pounds or more; or
- Carry 16 or more passengers, including the driver; or
- Carry hazardous materials requiring placards; or
- CDL required when operating a vehicle listed under the first two bullets of this section or in excess of a 150-mile radius of their farm.
- Farmers required to have a CDL must participate in a controlled substance/alcohol, testing program.
SIGNING REQUIREMENTS
Every farm tractor and towed farm equipment, towed or self-propelled implements of husbandry, designed for operation at speeds not in excess of 25 miles per hours, shall at all times be equipped with a slow moving vehicle emblem mounted on the rear.
SPECIAL FUELS
- Diesel - Dyed diesel fuel purchases for off-road uses are exempt from highway use tax. Tax paid for undyed diesel fuel for off-road agricultural purposes is refundable. No use tax is charged at the point of purchase for dyed diesel fuel and no permit is required. Refunds for taxes paid on purchased of undyed diesel fuel are claimed as a credit on the Utah income tax return. Farmers and ranchers should keep accurate records to qualify for such refunds.
- Gasoline - Tax paid by farmers and ranchers for gasoline used for off-highway agricultural use is refundable. Refunds are claimed as a credit on the Utah income tax return. For additional information contact: Utah State Tax Commission
Motor Carrier Services
210 North 1950 West
Salt Lake City, Utah 84114
Phone: (801) 297-6800
Note: For fuel tax auditing purposes, at the time of fueling, record vehicle mileage, the number of gallons, cost per gallon, and date of purchase.
INSPECTION, REPAIR AND MAINTENANCE
Farmers with commercial motor vehicles must have an inspection repair and maintenance program as stated in 49 CFR Part 396.
INSURANCE AND FINANCIAL RESPONSIBILITY
Farmers must have the minimum level of insurance coverage ($750,000) as stated in 49 CFR Part 387.
- Implements of husbandry incidentally operated on the highway by a farmer are not subject to licensing or registration.
FARM VEHICLE MARKING REQUIREMENTS INTERSTATE OPERATIONS:
49 CFR 390.21
Farmers operating as a commercial motor vehicle must mark their vehicles as follows:
- Markings must display:
- The legal name or a single trade name of the motor carrier.
- The motor carrier identification number issued by the FMCSA, preceded by the letters "USDOT."
- If the name of any person other than the operating carrier appears on the CMV, the name of the operating carrier must be followed by the information required above and preceded by the words "operated by."
- Markings must:
- Appear on both sides of the vehicle;
- Be in letters that contrast sharply in color;
- Be readily legible, during daylight, from a distance of 50 feet; and
- Be maintained to ensure readability.
INTRASTATE OPERATIONS:
UCA 72-9-105
Farmers operating as a commercial motor vehicle must mark their vehicles as follows:
- Markings must display:
- The name of the motor carrier company; and
- The location of domicile by city and state.
- USDOT number
- Markings must:
- Lettering shall be free from obstruction and legible from a distance of at least 50 feet.
Exception: A commercial vehicle primarily used by a farmer for the production of agricultural product is exempt from the provisions of this section. UCA 72-9-105(4)
HOURS OF SERVICE
Short Haul Operations - 100 Air-Mile Radius Driver 49 CFR Part 395.1(e)
When a driver operates and stays within a 100 air-mile radius of their normal work reporting locations, a logbook does not have to be maintained if the following requirements are met:
- The driver operates within a 100 air-mile radius of the normal work reporting location;
- The driver, except a driver salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;
- A property-carrying commercial motor vehicle driver has at least 10 hours off duty separating each 12 hours on duty.
- A passenger-carrying commercial motor vehicle driver has at least eight consecutive hours off duty separating each 12 hours on duty.
- A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; or
- A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following eight consecutive hours off duty; and
- The carrier that employs the driver maintains and retains for a period of six months accurate and true time records showing:
- The time the driver reports for duty each day;
- The total number of hours the driver is on duty each day;
- The time the driver is released from duty each day; and
- The total time for the preceding seven days in accordance with 49 CFR 395.8(j)(2) for drivers used for the first time or intermittently.
NON-CDL - 150 AIR-MILE RADIUS DRIVER
49 CFR 395.1(e)(2)
When a driver operates and stays within a 150 air-mile radius of their normal work reporting locations, a logbook does not have to be maintained if the following requirements are met:
- The driver operates a property-carrying commercial motor vehicle for which a commercial driver's license is not required under 49 CFR 383;
- The driver operates within a 150 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work reporting location;
- The driver returns to the normal work reporting location at the end of each duty tour;
- The driver has at least 10 consecutive hours off duty separating each on-duty period;
- The driver does not drive more than 11 hours following at least 10 consecutive hours off duty;
- The driver does not drive:
- After the 14th hour after coming on duty on five days of any period of seven consecutive days; and
- After the 16th hour after coming on duty on two days of any period of seven consecutive days;
- The driver does not drive:
- After having been on duty for 60 hours in seven consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week;
- After having been on duty for 70 hours in eight consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week;
- Any period of seven or eight consecutive days may end with the beginning of any off- duty period of 34 or more consecutive hours
- The motor carrier that employs the driver maintains and retains for a period of six months accurate and true time records showing;
- The time the driver reports for duty each day;
- The total number of hours the driver is on duty each day;
- The time the driver is released from duty each day; and
- The total time for the preceding 7 days in accordance with 49 CFR 395.8(j)(2)for drivers used for the first time or intermittently.
LIGHTING
Every farm tractor and every self-propelled implement of husbandry manufactured or assembled after January 1970 shall be equipped with vehicular hazard warning lights visible from a distance of not less than 1,000 feet to the front and rear in normal sunlight, which shall be displayed whenever any such vehicle is operated upon a highway.
Exception: An exception applies to a farmer only operating motor vehicles with a GVWR of 10,000 pounds or less.
Note: This exception does not apply to vehicles with any quantity of hazardous materials 1.1, 1.2, 1.3, 2.3 (Zone A), or 6.1 (PG I, Zone A) and when placards are required.
LOAD SECUREMENT AND TARPING REQUIREMENTS
Does NOT apply to a vehicle carrying an agricultural product, if the agricultural product is:
- Being transported in a manner which is not a hazard or potential hazard to the safe operation of the vehicle or to other highway users; and
- Loaded in a manner that only allows minimal spillage.
For additional information see the Load Securement and Tarping Requirement section in this manual.
ADDITIONAL INFORMATION
For further information regarding Farmers, Implement Dealers and Agricultural Operations contact the Motor Carrier Division at (801) 965-4892 or (866) 215-5399, or by emailing mccustomerservice@utah.gov.
