Operating your tractor on public road right of way

[whistlepig]

I called the Ohio State Patrol about this a few years ago. If you are on any road in the state of Ohio (except an interstate) and you have a SMV sign on the back of the tractor the tractor has the right-of-way regardless. Bump a tractor with a SMV sign and the person doing the bumping is at fault. The Ohio State Patrol told me not to push this advantage but they also said in tractor/ car accidents the tractor almost always wins.

 

[Soundguy]

kinda reminds me of marittime stuff. smalles engine / capability ship has ROW.. unless the other vehicle is military..


soundguy

 

[Ford tractor]

It don't matter who's fault it was, if a fast moving car hits you sitting on your open station tractor -- it will be your surviving spouse's struggle to get the settlement.

Most rural areas the traffic is on the look out for tractors, harvesters, etc. It's the city folk that fly by at 65 on a 45 road and come up on you after blind corners that cause most of the problems.

 

[Don87]

It don't matter who's fault it was, if a fast moving car hits you sitting on your open station tractor -- it will be your surviving spouse's struggle to get the settlement.

Most rural areas the traffic is on the look out for tractors, harvesters, etc. It's the city folk that fly by at 65 on a 45 road and come up on you after blind corners that cause most of the problems.

Here in front of my house............it's 65 in a 25.

A guy died in my driveway a couple years ago.

 

[bcp]

Put up some portable signs when working on your roadside.

 

[JDgreen227]

I called the Ohio State Patrol about this a few years ago. If you are on any road in the state of Ohio (except an interstate) and you have a SMV sign on the back of the tractor the tractor has the right-of-way regardless. Bump a tractor with a SMV sign and the person doing the bumping is at fault. The Ohio State Patrol told me not to push this advantage but they also said in tractor/ car accidents the tractor almost always wins.

"The tractor almost always wins...."?

I am wondering if that means the tractor has the legal advantage in an accident OR the tractor operator will come out ahead in a collision with a car. Most likely, the former. My road sees a lot of 60 mph traffic as well as tandem gravel train semi's in the warmer months, I have no reason to use my tractor on the road except in the winter when I drive it down to clear snow for neighbors.

 

[JDgreen227]

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.

You are correct, I started the thread and thought it should cover both issues as they are related.

 

[Ken]

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.

My insurance agent said they consider 16' from center as limit to liability.less not insured.
Crossing the road to other part of land just be fast and careful.

We pay taxes on everything. County and State consider it right to claim what they need to live the way they desire. For the people of course.
ken

 

[tessiers]

The variable not mentioned here is use of the tractor, we own a farm and here in Maine farm equipment is exempt from registration, I have farm liability which covers me anyway but private use of equipment on roadways requires registration and insurance. I agree you have the right to use the edge of the road or even road surface to turn and maintain your property, however once you travel off your property the rules change.

 

[whistlepig]

"The tractor almost always wins...."?

I am wondering if that means the tractor has the legal advantage in an accident OR the tractor operator will come out ahead in a collision with a car. Most likely, the former. My road sees a lot of 60 mph traffic as well as tandem gravel train semi's in the warmer months, I have no reason to use my tractor on the road except in the winter when I drive it down to clear snow for neighbors.

Some of us have to make our living by driving a tractor on the road. And some of us don't.

 

[JDgreen227]

Some of us have to make our living by driving a tractor on the road. And some of us don't.

I made my living by driving commercial straight trucks for 31 years and I always, repeat ALWAYS, went out of my way to be courteous to any tractor operators on the roads.

 

[CompactTractorFan]

JD, you brought up some interesting points...I think placing the cones out helps people slow down and take notice (I only place the cones on our property, not the road)...Also, I know for a fact that people drive slower if I'm near the road wearing a traffic vest...

 

[JDgreen227]

JD, you brought up some interesting points...I think placing the cones out helps people slow down and take notice (I only place the cones on our property, not the road)...Also, I know for a fact that people drive slower if I'm near the road wearing a traffic vest...

Thanks, I am sure the subject has been covered here in the past but it seems that a "refresher" now and then helps newer members be informed. You are very wise to have such clear warning signals placed, and wiser still to be wearing a vest. As others mentioned, having as much visibility as possible is good practice.

In your case, motorists spotting you most likely think:

"Hey, traffic cones, guy wearing a traffic vest, bright orange tractor, hmmm...I better slow down, must be one of those government workers with government owned equipment MY tax dollars paid for, don't wanna hit anything I paid for...."

Sorry, could not resist kidding you....:laughing:

 

[Soundguy]

The variable not mentioned here is use of the tractor, we own a farm and here in Maine farm equipment is exempt from registration, I have farm liability which covers me anyway but private use of equipment on roadways requires registration and insurance. I agree you have the right to use the edge of the road or even road surface to turn and maintain your property, however once you travel off your property the rules change.

state by stae is COMPLETELY different.

no registration in florida.. etc.

soundguy

 

[Farmwithjunk]

Mowing highway right-of-ways, we have signs in place miles ahead of where we're working. The state police help by enforcing speed limits, which can be lowered temporarily while we're cutting. Violation of ANY traffic law on a road properly marked as a work zone (in Kentucky) mean fines and points assessed to license are doubled.

We use SMV emblems, flashing led lights. a red and a white strobe light on top of the rops, and even bright orange flags on whips above the tractor. Additionally, we have strobe lights and flags on the mower itself.

In the past 3 seasons, we've had 3 tractors to get sideswiped by cars WHILE TRACTORS WERE IN THE FLIPPIN' MEDIAN.

We're more than legal. And in the instances where the tractors got hit, the weren't even on the daggone roadway.

All 3 cases, motorist's insurance company tried to go after US. (unsuccessfully I might add)

But, as I tell ALL my operators, if a car hits you and you're seriously injured (or worse), even if the judge says the car's driver is at fault, you're still laying there in the hospital (or worse) BE CAREFUL.....Act as if EVERY car or truck you see is INTENTIONALLY TRYING TO HIT YOU.

And this is after all, KENTUCKY.....A couple weeks ago, I was moving hayin' equipment from one farm to the other. I had to drive straight through the middle of town @ 7AM. I passed 2 MORE tractors driving in town. No registration needed, not even a valid drivers license. It's not out of the ordinary to see under age kids (under 16) at the wheel of tractors on the road.

 

[texasjohn]

It confused me for a while....how could a very visible vehicle such as a parked police cruiser or working tractor get hit on the highway under ideal visibility and driving conditions

Then, I recalled the lessons from my youth.... we lived across a river which required a low water crossing/ford to get to the house. Water was shallow but about 40 yards wide with leaves/bubbles, etc. floating on top so you saw a moving surface.

Driving across was no problem..just look at the point of exit straight across and drive to it.

However, those who chose to watch the water invariably ended up driving downstream into soft gravel and getting stuck because the surface they were watching was moving downstream.

Sooooo... people drive to their point of focus.

Thus, those who focus on tractors/police cars/etc. along the side of the road and forget what they are doing will drive straight into them....

So, in an apparently unavoidable way, some small percentage of the population will be mesmerized by roadside distractions and drive straight into them. And, one supposes, the more distracting it is then the more likely it is to be hit.:confused2:

DRAT! What's a feller to do???

Solution: KEEP YOUR EYES ON THE ROAD!!

 

[Heavyduty]

It confused me for a while....how could a very visible vehicle such as a parked police cruiser or working tractor get hit on the highway under ideal visibility and driving conditions

Then, I recalled the lessons from my youth.... we lived across a river which required a low water crossing/ford to get to the house. Water was shallow but about 40 yards wide with leaves/bubbles, etc. floating on top so you saw a moving surface.

Driving across was no problem..just look at the point of exit straight across and drive to it.

However, those who chose to watch the water invariably ended up driving downstream into soft gravel and getting stuck because the surface they were watching was moving downstream.

Sooooo... people drive to their point of focus.

Thus, those who focus on tractors/police cars/etc. along the side of the road and forget what they are doing will drive straight into them....

So, in an apparently unavoidable way, some small percentage of the population will be mesmerized by roadside distractions and drive straight into them. And, one supposes, the more distracting it is then the more likely it is to be hit.:confused2:

DRAT! What's a feller to do???

Solution: KEEP YOUR EYES ON THE ROAD!!

Yeap, don't forget all the people texting while driving. Look down for a few seconds at 70mph, things can get dangerous real quick.

One contract mower got killed in NC last October while mowing the median. A truck driver was either not paying attention or fell asleep at the wheel, went through the tractor like butter. He side swipped the flag truck behind the tractor and then hit the tractor. Be carefull out on the ROW's, everyone is in such a rush these days.

 

[Localmotion]

I know this reply won't be much use to anyone, but thought you might be interested in the rules here in Spain, and in the UK...

In Spain all machinery (including tractors / excavators / motor graders etc) have to be registered for road use, even if only crossing the carriageway between properties. In addition they have to have a valid ITV (inspection certificate) which you get by taking the machine to a government test centre (the same as cars & lorries) every two years. You also have to pay suma (road tax) and be 3rd party insured. The worst bit about all this is that (as with any vehicle here) you have to carry all the documents and your licence with you at all times - not always easy on a tractor with no cab!

If working near to the side of the carriageway you are supposed to place warning signs and have a dedicated person operating a stop/go sign - even if your tyres never actually hit the tarmac! That said most people ignore this rule unless actually working in the road, and teh authorities don't seem to enforce it.

In the UK things are a lot more liberal. Any vehicle used on the road still has to carry 3rd party insurance and be registered (ie. have a licence plate). However if working in agriculture on your own (or rented) land, there is no need for an MOT (inspection) and you do not have to pay road tax.

It should be said that the rules in the UK are actually quite complicated - there are distance restrictions and other factors that should be considered, although most tractor owners pay little attention to them, and they are unlikey to be enforced unless you have an accident. Also the rules differ for farmers, agricultural contractors and construction machinery.

As I said at the begining - just a bit of general interest for you all :thumbsup:

 

[eastexan]

TexasJohn, you're absolutely right. :thumbsup:

Some drivers, if their attention is fixed on something, will steer toward it.
This happens a lot, and highway department workers are well aware of it. And of course, drunks are even worse about running off the road.
But everyone should be aware of that when they are at the side of the road, for any reason. Even changing a flat at the side of a road can be dangerous. A person needs to keep an eye on the oncoming traffic as much as possible.

Years ago, my aunt was known as a terrible driver and easily distracted.
One day she was coming up to a stop sign at a road crossing, when she saw a friend coming toward her on the other highway.
She was so busy waving at them that she apparently forgot to stop, and ran into the side of their car. Fortunately no one was hurt, but some people are just more inclined to be distracted than others.

 

[Soundguy]

makes me glad i have added rops and seatbelts to my large tractors that I drive on the road.. not a for-sure protection.. but better than nothing...

soundguy