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Farmers, do you need a CDL?
An update on regulations
by Rep. Joe Schmick
Hey, Rep. Schmick, do I need a CDL if...?
If I had a dime for every time I've been asked this question in the last
couple of years, I'd be in a serious position to help bail out our state
from its continuing budget shortfall.
Regulations have changed recently and farmers, truckers and business
owners are playing a frustrating game of "catch up" on whether or not a
Commercial Driver's License (CDL) is required for varying situations.
With this short article, I am going to attempt to explain what I know
about the most commonly asked questions and hope to alleviate citizens'
concerns.
The most frequently asked question I receive is: "Do I have to have
a CDL if I'm hauling my own product to market in my own vehicle?"
The answer is NO, with a couple of caveats. You are not required
to have a CDL if you're hauling your
own product to market in
your own vehicle, as
long as you're not traveling more than 150 miles (air mile radius) and
as long as that vehicle is not used in the operation of a contract motor
carrier. This CDL exemption is valid even if you're traveling to
Idaho or Oregon.
However, if you are traveling over 150 miles or if your vehicle is also
used as a contract motor carrier, you would not qualify for the farm
exemption and would have to have a CDL.
Another commonly asked question is a little more difficult: "Do I
have to have a CDL if I'm hauling my neighbor's product to market?"
This particular question includes several different scenarios and is
more likely to cause frustration and confusion as many farmers rely upon
the old fashioned "hand shake" barter system to get through the year.
I know I've had to ask my neighbors for help, especially during session
when I'm over in Olympia away from the farm.
First of all, if any money changes hands, then a CDL is absolutely
required. However, if the hauling service is part of a barter
transaction in exchange for a future or previous service, and the
neighbor is driving a vehicle that
belongs to the farmer,
no CDL is required.
Finally, the issue of CDLs for employees of agribusinesses has generated
many questions.
Until June 30, 2011, individuals operating commercial motor vehicles for
agribusiness purposes are eligible for a five-year restricted CDL
without meeting state minimum training requirements. This agribusiness
restricted CDL is only good for agribusiness purposes -- no moonlighting
as a freight carrier or driving truck for John's Trucking.
After June 30, 2011, agribusiness employees will have to comply with all
prescribed health, safety and training requirements in order to obtain a
CDL.
It is important to note that the scenarios mentioned in this article are
by no means exhaustive. But so far, these are the ones that seem
to come up most frequently in discussions with local residents.
As any farmer or small business owner can tell you, it is imperative to
know the rules and laws that govern our transactions. It can be
frustrating, especially when things change. But there is truth to
Benjamin Franklin's old adage: "An ounce of prevention is worth a pound
of cure."
If you have further questions or want to explore this issue more, you
can contact my office at 360-786-7844, or e-mail me at
Schmick.Joe@leg.wa.gov.
You can also visit the Washington State Department of Transportation
commercial vehicle page at:
http://www.wsdot.wa.gov/CommercialVehicle/default.htm
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(Rep.
Joe Schmick represents the 9th Legislative District.
He is a second-generation farmer and small-business owner. Joe
lives in Colfax with his wife, Kim.)
For more information, contact:
Brendon Wold, Public
Information Officer:
(509) 921-2356
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