Inhofe Introduces Common Sense Legislation to Help Oklahoma Farmers
July 16, 2008
Read the Press Release
Today, I introduce a bill that addresses a problem faced by a number of farmers in my state of Oklahoma and around the country when they drive their goods across state lines. Even though these farmers' trucks are within the weight limits set by their home states and the states to which they are traveling, they are triggering an arbitrary federal weight regulation when they cross state lines in their farm vehicles. As a result, they are being ticketed and generally inconvenienced.
This issue has caused quite a stir in Oklahoma, and many are proposing solutions to address the problem. For example, two of my Oklahoma colleagues in the House of Representatives introduced a bill last year that proposes one solution. The president of the Oklahoma Farm Bureau, Mike Spradling, discussed a number of options when he testified last week on this issue in front of the House Committee on Transportation and Infrastructure. I met today with the American Farmers and Ranchers Association, which also expressed ideas on how best to resolve this problem.
Today, I am furthering the debate with a solution that is both common sense and achievable.
The Federal Motor Carrier Safety Administration defines a commercial motor vehicle (CMV) as a vehicle, which has a gross vehicle weight rating or a gross combination weight rating of at least 10,001 pounds. However, states are allowed to exempt vehicles up to 26,001 pounds from the CMV determination if they are engaged solely in intrastate commerce. Farmers can cross state lines within 150 miles of their farms if the states have a reciprocity agreement. However, not all states have these agreements.
Once a farmer drives his truck into a state with which his home state does not have a reciprocity agreement, the 10,001 pound definition for a commercial motor vehicle kicks in and the farmer is then responsible for all of requirements of an operator of a commercial motor carrier. This is the case even if the states from which and to which the farmer is traveling each have weight exemptions for farm vehicles.
To illustrate this situation, consider the following example. An Oklahoma farmer lives ten miles from the Kansas border. He loads up his trailer with grain in order to transport his crop to the nearest grain elevator, which is across the state border in Kansas. Both Oklahoma and Kansas allow trucks to weigh up to 26,001 pounds for intrastate commerce. However, the states do not have a reciprocity agreement.
This farmer's truck weighs 24,000 pounds. Therefore, as long as he complies with the laws concerning farm vehicles in the State of Oklahoma, he is able to drive within the state without meeting all of the requirements of a commercial motor carrier. Likewise, if he lived in Kansas, he would be able to drive within the state without meeting CMV requirements.
Unfortunately, as soon as this farmer drives across the border from Oklahoma into Kansas - and becomes subject to the federal laws for interstate commerce - his truck is considered a commercial motor vehicle because it weighs more than 10,001 pounds.
When a truck is considered a commercial motor vehicle, the driver must comply with the federal requirements of a professional truck driver. These requirements include possessing a commercial driver's license and medical examination certificate, having Department of Transportation markings on the vehicle, documenting hours of service, and becoming subject to controlled substance and alcohol testing. While these requirements serve important purposes for long-haul truck drivers, they are unnecessary for farmers who carry these loads only a few times a year.
After hearing from many farmers in Oklahoma who are frustrated by this seemingly illogical federal regulation, today I am proposing legislation to make it so the federal commercial motor vehicle definition of 10,001 pounds does not automatically apply when a farm vehicle crosses state lines. Instead, my bill states that the weight definition for a commercial motor vehicle for agricultural purposes is the weight as defined by the state in which the vehicle is being operated.
Currently, thirty-two states define a commercial motor vehicle as weighing 26,001 pounds or more. Under my bill, farmers will be able to drive between those states, like Oklahoma and Kansas, without triggering the federal CMV definition of 10,001 pounds for interstate commerce and getting ticketed for a weight violation.
The second section of my bill states that the Department of Transportation cannot withhold grant money from states that choose to raise their weight limits above 10,001 pounds up to 26,001 pounds. If my bill passes, states with lower weight definitions may desire to increase them. This section will erase the concern that they may lose grant funding from DOT.
This bill is an effort to relieve American farmers from undue burdens and regulations when they transport their crops or livestock from one place to another. I look forward to working with my colleagues in the Senate and House to provide relief to farmers on this issue.
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