Operating your tractor on public road right of way

[JDgreen227]

Compact Tractor Fan notes in a thread below about his tractor toolbox contents, that he carries construction cones when working near the busy road in front of his property, and that made me wonder... I am sure many of the TBN members have their tractors insured under their homeowner policies, which, like mine, probably state: "Coverage is provided for motorized vehicles not licensed for road use, and which are used to service the insured's premises."

I interpret that as meaning insurance coverage for me and my tractor is not valid once I take it off my property. So, if I am mowing the road right of way out front, or picking up trash to put in the FEL bucket, and some moron runs into me, am I responsible for the accident, or is the driver of the car? Since I am not actually on the road itself, I think the driver would be held at fault. Thanks for any input.

 

[ducks13]

I am no expert but it would be the same as operating a push mower. Your tractor isn't licenced for the street but you still may operate it there.

 

[texasjohn]

Am no expert, I anticipate that the answer would be subject to interpretation which likely would be finally answered by a judge/jury evaluating the particulars regarding an incident which I certainly hope you NEVER have.

Factors involved in any legal matter would likely involve the following"

Were you operating the equipment in a manner that would generally be considered "safe?"

Was your safety equipment fully operative, all required signs (SMV), blinkers, etc operating.

Can you prove you used the equipment "to service your premisis?"

were you negligent in any way and did this contribute to or cause the accident.

 

[JDgreen227]

Am no expert, I anticipate that the answer would be subject to interpretation which likely would be finally answered by a judge/jury evaluating the particulars regarding an incident which I certainly hope you NEVER have.

Factors involved in any legal matter would likely involve the following"

Were you operating the equipment in a manner that would generally be considered "safe?"

Was your safety equipment fully operative, all required signs (SMV), blinkers, etc operating.

Can you prove you used the equipment "to service your premisis?"

were you negligent in any way and did this contribute to or cause the accident.

I too hope I never find out. I clear snow for many of my neighbors, both elderly and public safety officers, (2) and sometimes push snow across the road to clear their driveways properly. Although I always have headlights and OEM warning flashers working while on the road or right of way, as well as having an amber add-on flasher attached to the rollbar while clearing snow, as well as using an SMV sign full time, I NEVER drive down the road the 1/8 mile distance (max) to my neighbors homes unless there is no other traffic present.
And while either mowing my own property, or clearing snow, I exercise so much caution that there is no reason for a passenger car or truck to slow or swerve to avoid me.

My cop neighbor says most police understand the need for farm equipment to operate on the road, however, a CUT used to mow your lawn isn't given the same leeway. If you are involved in, or contribute to an accident, you will be asked to show "good cause" for being on the roadway.

 

[Don87]

I've thought about this also(as my tractor is covered under homeowners)My property marker is 3 inches from the paved township road. I 'think' I would be ok.

 

[JDgreen227]

I've thought about this also(as my tractor is covered under homeowners)My property marker is 3 inches from the paved township road. I 'think' I would be ok.

Here in Michigan (at least in my Township) your property depth is measured from the centerline of the public road out front. My feelings are, since you are paying property taxes on an area INCLUSIVE of that public right of way, it should be considered a part of your property.

 

[Don87]

Here in Michigan (at least in my Township) your property depth is measured from the centerline of the public road out front. My feelings are, since you are paying property taxes on an area INCLUSIVE of that public right of way, it should be considered a part of your property.

That's usually the way it works here also, but the township kinda screwed up when they put the road in.

They are several feet fom the property across the road.

 

[tungularafishcamp]

I think an incident like that would be just like any others in the court system. It is the fault of the person with the worst liar(lawyer):laughing:
Rick

 

[Don87]

I think an incident like that would be just like any others in the court system. It is the fault of the person with the worst liar(lawyer):laughing:
Rick

:thumbsup::thumbsup::thumbsup:

 

[Soundguy]

Compact Tractor Fan notes in a thread below about his tractor toolbox contents, that he carries construction cones when working near the busy road in front of his property, and that made me wonder... I am sure many of the TBN members have their tractors insured under their homeowner policies, which, like mine, probably state: "Coverage is provided for motorized vehicles not licensed for road use, and which are used to service the insured's premises."

I interpret that as meaning insurance coverage for me and my tractor is not valid once I take it off my property. So, if I am mowing the road right of way out front, or picking up trash to put in the FEL bucket, and some moron runs into me, am I responsible for the accident, or is the driver of the car? Since I am not actually on the road itself, I think the driver would be held at fault. Thanks for any input.

i'm no lawyer.. but look at thes epoints.

In most areas , the ROW is YOUR property with an EASEMENT to the govt or utility or both..

my survey shows I own tot he road... I can't do anything closer than 25' of it though due to the easement granting ROW to the utility and county though.

also.

lets say you own a parcvel of land down the road. check to see if your policy covers transportation to/fro.

Mine does ( check yours though ).

I can road my tractor to my other property to work on it. just no for hire / comercial stuff.

I use the flasher lamps, SMV triangles, and fully occupy my lane of travel. none of that half on half off stuff.

standard disclaimer.

check your local and state laws, dot, insurance.. yada, yada.. what works for me in my state with my insurance might not work for you or anyone else.. etc.. etc.. YMMV... CYA

soundguy

 

[pat32rf]

We were always told that we had to stay as far to the RIGHT as safely possible to avoid holding up traffic and cause some idiot to try to pass when unsafe.
Sometimes these may be volunteer firemen (green lights) or other emergency workers with sirens & red lights. By causing a traffic jam you are creating a hazardous condition and could be found at fault...

 

[Soundguy]

We were always told that we had to stay as far to the RIGHT as safely possible to avoid holding up traffic and cause some idiot to try to pass when unsafe.
Sometimes these may be volunteer firemen (green lights) or other emergency workers with sirens & red lights. By causing a traffic jam you are creating a hazardous condition and could be found at fault...

in florida... you fully occupy your lane... no driving on the right / green, which is illegal here.


soundguy

 

[dave1949]

That is an interesting question that I've never thought about. I do run my tractor on the road to the neighbors occasionally. I have the SMV sign and flashers on. I guess I need to talk to my home insurance agent.

Due to hills and curves where traffic coming from behind will catch up with me very quickly in areas they can't see very far ahead, and certainly can't pass safely, I watch for them and pull over, stop if I have to. That is self-preservation, I have no idea what the laws are regarding that, but I intend to die somewhere else. :laughing:
Dave.

 

[aczlan]

I sometimes run down the road to bushhog or do hay elsewhere, when I do I try to have a chase car, but even if not, I have taillights and an amber strobe on the back of any towed implement. If taking the bushhog or tiller, I put the strobe on the tractor. I will take up a full lane UNLESS I feel that it is safe for someone to pass me, in that case, I pull over and wave them past.
I have still had idiots pass me at STUPID times. The last time I went to bushhog, I was taking up a full lane, there was oncoming traffic and a moron in an F350 dually pulling a large (20+ foot) enclosed trailer passed me on a double yellow line. The oncoming car and I pulled half onto the shoulder and he went by in the middle.

I am thinking of getting a pair of cheap videcameras (like: Car Vehicle Dashboard Camera DVR Accident Recorder B1 | eBay), aiming one to the front and one to the rear, then putting a sign on the back saying "Smile you are on camera".

Aaron Z

 

[Soundguy]

on my batwing I have 3 smv plaques. when the wings are in transport position the 2 smv's are way up high for good visibility.

I also have a smv high up on the back of the tractor seat.

that and an amber/red blinker, headlamps, and under 24mph.. etc.

between the tractor and the mower, I'm bigger / taller than most passanger traffic, about equal with a truck and 16' trailer, or panel van, and somewhat smaller than a semi tractor trailer.

soundguy

 

[wdchyd]

I have a "Construction Equipment" registration plate which allows me to go anywhere using SMV reflector and flashers.........

I only did it for plowing other driveways but it allows me freedom to go elsewhere off the property.....

 

[Soundguy]

i'm glad I live in a free state where off road vehicles don't need plates to run on the road for limited use, as long as you obey the SMV plaque rules.. etc.

soundguy

 

[Reg]

Parse this;
""Coverage is provided for motorized vehicles not licensed for road use, and which are used to service the insured's premises."

It isn't licensed for road use - check
It is used to service your premises - check

The boundary between your "premises" and the public right of way, your "frontage" is probably fuzzy, but it doesn't say that the coverage is limited to use ON your premises
.
Since you want to NOT get hit anyway, be as visible as practical.
Cones if you think oncoming traffic needs them.
4-way flashers, headlights on high beam, whatever other flashing beacons you care to mount for example on the ROPS, etc.

BTW, I painted the side ends of my bucket with a luminescent lime green spray paint, then put stick on SMV emblems centered on them.
The bucket sides being more or less traingular.
When I come out onto the street with the bucket leading (obviously, if I am going forwards) in the early morning that leading bucket MIGHT give me a slightly better chance of being seen - maybe.

 

[Soundguy]

might check the ins policy to see if it's liability coverage extends to other non improved parels too. Mine does. that's why I can road mine a few miles down to my other property and mow it and road back, and be covered liability wise...

soundguy

 

[JakeBrake]

It appears to me we are talking about two separate issues here.

1. Is it legal to operate your tractor on public ROW? In my state it is legal to use publc roads to move from one field to another. I am not aware of any limitation on distance. The gentleman who is renting some of our land drives his tractors several miles on public roads to get here. He uses big green ag tractors that move pretty fast on the road and he leaves them here for weeks at a time. He thinks it's quicker to drive than to load and unload.

2. If you and your tractor are involved in an accident on public ROW, who pays? This is why I have an inland marine policy covering my tractor and equipment in addition to my homeowner policy. I use my tractor and equipment in different locations.