New considering custom bailing

[tubewelder87]

all of this doesnt matter at all because he will be moving an implement of husbandry and because of that he doesnt have to follow of the intra and inter state laws. Atleast in oklahoma. I was 13 when i started driving a truck (82 pete) hauling wheat in the summer driving on i 40 to get to the coop. and rolling on the scales over 100k gross weigh! the dot couldnt do a thing about it in oklahoma! i know that state laws are all different but i know that is the way it is here. my father being a state trooper and all i am pretty well informed on the road laws in oklahoma. as for the whole thing if he stays within 150 miles of his house and claims all revenew within his "farm". he will not have to worry about anything with the dot. just as long as he shows his orange triangle and follows all speed limits and vehicles are legal. weight wont matter, cdl wont matter! i have been doing this for a while now. 7 years on my own hauling combines all over the state and havent had a single problem.

 

[Duffster]

all of this doesnt matter at all because he will be moving an implement of husbandry and because of that he doesnt have to follow of the intra and inter state laws. Atleast in oklahoma. I was 13 when i started driving a truck (82 pete) hauling wheat in the summer driving on i 40 to get to the coop. and rolling on the scales over 100k gross weigh! the dot couldnt do a thing about it in oklahoma! i know that state laws are all different but i know that is the way it is here. my father being a state trooper and all i am pretty well informed on the road laws in oklahoma. as for the whole thing if he stays within 150 miles of his house and claims all revenew within his "farm". he will not have to worry about anything with the dot. just as long as he shows his orange triangle and follows all speed limits and vehicles are legal. weight wont matter, cdl wont matter! i have been doing this for a while now. 7 years on my own hauling combines all over the state and havent had a single problem.

Farm Vehicle = CMV

Farmers and ranchers who operate commercial vehicles in Oklahoma are not
generally exempted from complying with the Federal Motor Carrier Safety
Regulations when operating commercial motor vehicles. To obtain information
about the regulations or applicable state laws, see the resource list in the back of this
pamphlet.

http://www.dps.state.ok.us/ohp/SFarm.pdf

 

[mlauk]

Farm Vehicle = CMV

Only if you drive outside of 150 mile radius or are over 26k, in Texas the farm limit is 34K. Yes farming is a business and it doesn't matter if you're cutting hay on your land, on a lease or custom baling as long as you stay within 150 mile radius on under the GVWR.

 

[Duffster]

Only if you drive outside of 150 mile radius or are over 26k, in Texas the farm limit is 34K. Yes farming is a business and it doesn't matter if you're cutting hay on your land, on a lease or custom baling as long as you stay within 150 mile radius on under the GVWR.

Not according to this.

What is a USDOT Number? - Federal Motor Carrier Safety Administration

Just because you don't need a CDL doesn't mean you are not a CMV.

 

[mlauk]

This is out of Texas Drivers License handbook

ftp://ftp.txdps.state.tx.us/forms/DLhandbook.pdf

Exemptions: Persons operating the following vehicles are exempt from a
Commercial Driver License (CDL):
1. A vehicle that is:
a. controlled and operated by a farmer;
b. used to transport agricultural products, farm machinery, or farm supplies
to or from a farm;
c. not used in the operations of a common or contract motor carrier; and
d. used within 150 miles of the person’s farm.

This is out of the guide to Texas guide to farm vehicle compliance which state that registered farm vehicles are exempt from CMV identification markings.

http://www.txdps.state.tx.us/InternetForms/Forms/CVE-13.pdf

Commercial Motor Vehicle Identification Markings
Farm Vehicle Exemption (TRC 642.002)
TRC 642.002 (Commercial vehicle markings) does not apply to a commercial motor vehicle, road tractor,
or truck-tractor that is;
(1) Registered under TRC 502.163 as a farm vehicle.
(2) All vehicles legally registered with farm license plates are exempt from the commercial vehicle
marking requirements, regardless of weight.
(3) This exception includes farm vehicles of 48,000 pounds or more.
Ø Warning - This exemption only applies to farm vehicles displaying the FARM VEHICLE LICENSE
PLATE described in TRC 502.163.
Markings Required on Commercial Motor Vehicles (Intrastate) (TRC

 

[whodat526]

in louisiana u can rate a farm truck for 82klbs with farm tags as long as u primarly use it for farm use within 180 miles from ur farm i hauled 2 ford 9600 fords on a 32 ft dual tamtem spread axle with no problems

i have my 92 ford f350 with farm tags rated at 82k

 

[Duffster]

This is out of Texas Drivers License handbook

ftp://ftp.txdps.state.tx.us/forms/DLhandbook.pdf

Exemptions: Persons operating the following vehicles are exempt from a
Commercial Driver License (CDL):
1. A vehicle that is:
a. controlled and operated by a farmer;
b. used to transport agricultural products, farm machinery, or farm supplies
to or from a farm;
c. not used in the operations of a common or contract motor carrier; and
d. used within 150 miles of the person痴 farm.

This is out of the guide to Texas guide to farm vehicle compliance which state that registered farm vehicles are exempt from CMV identification markings.

http://www.txdps.state.tx.us/InternetForms/Forms/CVE-13.pdf

Commercial Motor Vehicle Identification Markings
Farm Vehicle Exemption (TRC 642.002)
TRC 642.002 (Commercial vehicle markings) does not apply to a commercial motor vehicle, road tractor,
or truck-tractor that is;
(1) Registered under TRC 502.163 as a farm vehicle.
(2) All vehicles legally registered with farm license plates are exempt from the commercial vehicle
marking requirements, regardless of weight.
(3) This exception includes farm vehicles of 48,000 pounds or more.
ﾘ Warning - This exemption only applies to farm vehicles displaying the FARM VEHICLE LICENSE
PLATE described in TRC 502.163.
Markings Required on Commercial Motor Vehicles (Intrastate) (TRC

So a custom harvester is not a "farmer".

What is a Farmer? (FMCSR 390.5)
Any person who operates a farm or is directly involved in the cultivation of land, crops, or livestock
which
(a) Are owned by that person; or
(b) Are under the direct control of that person and
(c) Does not include custom harvester.

 

[mlauk]

Bale on the halves or 60/40 and now it's your hay crop. Now you're a farmer.

 

[pitt_md]

Why don't you talk to your prospective customers and get their input. It does no good for anyone else to tell you what they use if the people in your area want something different. Have you talked to any prospective customers yet?

In my area no one really wants round bales except for small farms with cows. All the horse farms want small squares and large dairy farms do large squares. Round bales are not too common and all the custom baling guys do large squares, don't know of anyone that does small squares except for me but I don't do much custom baling for anyone but the people I know well.

I know we are not even close to the same area but around here (MN) many horse farms feed rounds. I only have a couple horses so I use large squares and feed a flake in the morning and one in the afternoon. I am getting to old to be throwing small squares all day. I have my field custom baled by a local guy in the business. He cuts rakes and bales for $20/bale, 3x3x8, ~800lbs.

FWIW - All the vets in this area advise against round bales do to mold problems.

Another thing...The people that selll large amounts of hay use the large squares. I think they stack/ship better than others.

 

[LoneCowboy]

No.

Commerce is TRANSPORTING persons or goods for SOMEONE ELSE. If it were any other way, EVERYONE who carried anything for their job in a vehicle would qualify as commercial use and CLEARLY that is not the case.

Wrong
What you are describing is a common carrier
What the situation is is a PRIVATE carrier, where you use the commercial vehicles in furtherance of it's activities. Such a situation can range from a company that only hauls it's own goods (a lumber company for ex) to landscapers.

read the Federal Motor Carrier Safety administration's website and rules. (there are 100's of pages)

 

[LoneCowboy]

Farm Vehicle = CMV

Only if you drive outside of 150 mile radius or are over 26k, in Texas the farm limit is 34K. Yes farming is a business and it doesn't matter if you're cutting hay on your land,

true, not required

on a lease

true, not required, considered the same as your land

or custom baling as long as you stay within 150 mile radius on under the GVWR.

wrong.
Now, you're commercial. Same thing if you were custom farming for other people and doing their spraying. You don't need a commercial applicator's license if it's your land (or lease, considered the same), but if you do it for other's, then you need it.

You (and others) have quoted that you aren't a CMV if you are plated as a farm vehicle (which doesn't mean it doesn't have to meet safety and weight rules BTW), but the problem here is although he may plate it as a farm vehicle, he isn't doing it legally.
It's a commercial business, it should be plated commercially.

 

[Cline bailing]

It would never be intrastate commerce I would haul my equipment for me. Even when hauling hay its my hay until I get to who ever will buy it. Now you dont have to stay 150 miles from home all the time you can drive anywhere in the country but the majority of use is farm. I don't know how other states do things but in OK farm use is the use of equipment on A farm not the owner of the equipments farm.

 

[SPYDERLK]

And a misspelled word who cares when its always spelled bail then it comes first hand you don't always catch the small things.

Well, Oak Logde Apartments did finally fix their sign. In a business, or even otherwise, one might as well not give any excuse for a negative impression. If that happens some will cut you loose, and you will lose.
larry

 

[Duffster]

It would never be intrastate commerce I would haul my equipment for me. Even when hauling hay its my hay until I get to who ever will buy it. Now you dont have to stay 150 miles from home all the time you can drive anywhere in the country but the majority of use is farm. I don't know how other states do things but in OK farm use is the use of equipment on A farm not the owner of the equipments farm.

How do you figure that it is not intrastate commerce? If you are hauling hay to sell, that is (intrastate) commerce. (Why would the hay be yours?) If you are hauling equipment to do custom work, that is (intrastate) commerce.

If you have info that says a custom harvester is farmer in OK and that OK farmers are exempt from DOT#'s please post it.

 

[Cline bailing]

How do you figure that it is not intrastate commerce? If you are hauling hay to sell, that is (intrastate) commerce. (Why would the hay be yours?) If you are hauling equipment to do custom work, that is (intrastate) commerce.

If you have info that says a custom harvester is farmer in OK and that OK farmers are exempt from DOT#'s please post it.

Nobody ever said they're exempt from DOT #'s. We're exempt from Motor Carrier.

 

[Duffster]

Nobody ever said they're exempt from DOT #'s. We're exempt from Motor Carrier.

Your right, you said it wouldn't be intrastate commerce. :confused2:

 

[Cline bailing]

Your right, you said it wouldn't be intrastate commerce. :confused2:

Everything I haul is mine im not hauling for anyone else the hay is mine until it's unloaded and im paid. Im not a middle man delivering commerce. Im not confused you said "If you have info that says a custom harvester is farmer in OK and that OK farmers are exempt from DOT#'s please post it.":laughing:

 

[LoneCowboy]

Everything I haul is mine im not hauling for anyone else the hay is mine until it's unloaded and im paid. Im not a middle man delivering commerce. :

Super duper
that makes you a private carrier
as we've told you before.



Here's the phone number for Oklahoma field office of FMCSA: 405-605-6047

 

[Cline bailing]

Super duper
that makes you a private carrier
as we've told you before.



Here's the phone number for Oklahoma field office of FMCSA: 405-605-6047

Private I do not have to have a motor carrier number. Farmers do not have to have a motor carrier number. You can look up a phone number good for you but why waste your time when I don't need motor carrier number.

 

[LoneCowboy]

Private I do not have to have a motor carrier number. Farmers do not have to have a motor carrier number. You can look up a phone number good for you but why waste your time when I don't need motor carrier number.

a private carrier
and a motor carrier (m/c) number are TWO DIFFERENT THINGS.

Just because you're not a motor carrier does not mean you are not a private carrier.

and you're not a farmer (well, you might be, but this business isn't).

but never mind
You continue on in ignorance, I tried to help, We gave you the links to the laws, I even gave you the phone number of the place to get the answers. But noooooooooooooooooooooo
So when you're on the side of the road a year or two or three from now, out of service by the DOT officers, forced to pay a ton in back taxes and fines. You try and remember what we tried to tell you.