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FARM TAGS / CDL or NON CDL QUESTIONS?

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hogtownboss
Reg. Sep 2008
Posted 2014-04-03 5:11 PM (#158429)
Subject: FARM TAGS / CDL or NON CDL QUESTIONS?


Expert


Posts: 1351
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Location: Decatur, Texas
I know this is going to open a can of worms I might wish I have not done.We live in Texas and our truck and every trailer we own has Texas Farm plates on them, every one of them has a combined weight of over 26,001 lbs.... There has been some issues with friends driving thru Oklahoma with LQ trailers and 1-ton trucks being ask for their CDL. After a few hours of talking to the guys at TxDot and doing internet research I am really lost now. According to Txdot and the internet anything with a weight over 26,001 lbs. has to have something called a CLASS A NON CDL to be legal as long as I am NOT hauling for hire!I man sent me something from the FEDERAL MOTOR VEHICLE (something) showing with farm tags the driver is exempt from needs a CLASS A license.ANY IDEAS?????Some input would be great and please lets not get into a piss match here! Thanks
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Tx. Vaquero
Reg. Jun 2006
Posted 2014-04-03 5:19 PM (#158431 - in reply to #158429)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?




100100100100
Location: Texas
I think Texas Farm Tags are only good within 150 miles of the farm. I haul all over the country with Texas Farm Tags and have never had an issue. I do have a CDL because I am hauling to try to make money.
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Spin Doctor
Reg. Nov 2008
Posted 2014-04-04 9:45 AM (#158442 - in reply to #158429)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?


Extreme Veteran


Posts: 402
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Location: Valentine, NE

Nebraska just revised the state statute via legislative bill 983 retroactive to Jan. 1, 2014 to allow farm tags any where in the state up to 26,000 pounds, including trailer, GVW. Anything over that, owned/nonowned commodities, for or not for profit, needs a CDL  UNLESS part of the GVW weight is titled/plated as an RV. Than you are exempt and is clearly defined in the bill.

In my example, my farm plated toter is titled at ~12,000 pounds. IF I pull a farm trailer, the most titled GVW I can legal pull is 14,000. BUT if the trailer is titled as a RV, no limit. Toter can have farm plates, but the trailer must have RV plates for this to occur.

But each state is different. If stopped, I will show them this statute, and the IRS federal statute from the link http://wstroping.com/article-651-do-i-need-a-commercial-drivers-license-to-pull-my-horse-trailer.html should get me in deeper or on my way...

Link states----

Federal Motor Carriers Regulations

Under Part 390, Subpart A - general applicability and definitions, Part 390.3 (f). Exceptions. Unless otherwise specifically provided, the rules in the subchapter do not apply to - (3) the occasional transportation of personal property by individuals not for compensation or in the furtherance of a commercial enterprise.

In the interpretation for 390.3 it states: Question 21: Does the exemption in 390.3 (f) (3) for the "occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise" apply to persons who occasionally us CMV's to transport cars, boats, horses, etc., to races tournaments, shows or similar events, even if prize money is offered at these events?

Guidance: The exemption would apply to this kind of transportation, provided: (1) The underlying activities are not undertaken for profit, i.e., prize money is declared as ordinary income for tax purposes, and (b) the cost of the underlying activities is not deducted as a business expense for tax purposes: and, where relevant: (2) corporate sponsorship is not involved. Drivers must confer with their State of licensure to determine the licensing provision to which they are subject.

***********

Since the IRS pretty well declares every roper as a hobbyist unless they can prove profit in consecutive years, the tax portion appears to let everyone off the hook. However, do point out that showing sponsorships on horse trailers may open the door to these penalties and temporary impoundment.

 



Edited by Spin Doctor 2014-04-04 9:46 AM
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RTSmith
Reg. Nov 2003
Posted 2014-04-04 12:28 PM (#158450 - in reply to #158429)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?


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Posts: 785
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Location: Tenn/Ala.

In my recent class with TN DOT, the 150 mile farm exemption was explained as good for a farmer to transfer his product to first market only. You can haul calves 149.9 miles to the auction. You cannot legally haul them from one farm to your other farm. If you have a nursery and sell to a retail plant shop- you can haul plants from the nursery to the store- but you cannot deliver the plants from the store to a customer.

All of this expects that your GVWRs add to 26,000 or more hence the Class "A" license. If you can stay under 26, but your trailer is 10,001# or more you can get by with a Class "B". If trailer is under 10,000# GVWR, and total rig under 26,000 then none needed.

And as SD said, if you can tag as an RV, then all is exempt. Thank the AARP lobby for that.

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hogtownboss
Reg. Sep 2008
Posted 2014-04-04 2:38 PM (#158453 - in reply to #158429)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?


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Location: Decatur, Texas
After a 2 hour meeting yesterday in person with TxDot and 2 Troopers this is what I have learned.In Texas I can run Farm tags anywhere in the state or within a 150 miles radius of my address hauling out of state. The only time there is a mileage exemption is during drought conditions while transporting hay. So my truck and trailers are legal. But since my combined weight is over 20,601 lbs. I do have to have a CLASS A non CDL for me to be legal. Only thing that would change would be if I was to haul for hire then I would need a regular CDL then run a logbook and all the out BS they have to deal with....
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Tx. Vaquero
Reg. Jun 2006
Posted 2014-04-04 3:22 PM (#158454 - in reply to #158429)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?




100100100100
Location: Texas
Go to the Texas DPS website and check out "Commercial Vehicle Enforcement". It's all there in print; farm exemptions and restrictions, licenses, tags, weights, etc. The real question is whether pleasure horses qualify as a farm product/farm livestock.I'm legal with my CDL, but illegal running Farm Tags on my horse trailer since I'm using it for commercial purposes. I've never been challenged for my Farm Tags on the trailer and I travel several states regularly. I run regular tags on my truck, not Farm Tags.
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Tx. Vaquero
Reg. Jun 2006
Posted 2014-04-04 3:38 PM (#158456 - in reply to #158429)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?




100100100100
Location: Texas
One other problem living quarter horse trailers face in trying to get Texas RV tags is that they must be towable by a light duty truck, so I guess anybody that uses a truck bigger than a one ton has an issue. I thought about trying to go this route because the RV owners don't seem to have any of the problems the rest of us have.
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hogtownboss
Reg. Sep 2008
Posted 2014-04-07 9:10 PM (#158530 - in reply to #158456)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?


Expert


Posts: 1351
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Location: Decatur, Texas
Originally written by Tx. Vaquero on 2014-04-04 3:38 PM

RV owners don't seem to have any of the problems the rest of us have.
As of now... According to TxDot they are fixing to start hitting them to make sure if they are over the 26,001 that they do have a CLASS A lics..... Also they are fixing to start setting up check points outside of large events where there is horse trailer, trucks and RV's. Guess the state is trying to find a way to make some fast money.
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Spin Doctor
Reg. Nov 2008
Posted 2014-04-08 7:07 AM (#158537 - in reply to #158429)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?


Extreme Veteran


Posts: 402
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Location: Valentine, NE
So if I understand correctly, if I, being from Nebraska, go to Texas, and weigh 26,001 total weight with my farm plated toter and RV plated, LQ, I have to get this Texas license?

Try to explain that one to the DMV with me living out of state.......
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hornet
Reg. Mar 2010
Posted 2014-04-08 12:20 PM (#158546 - in reply to #158537)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?


Extreme Veteran


Posts: 379
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Location: Missouri
Originally written by Spin Doctor on 2014-04-08 7:07 AM

So if I understand correctly, if I, being from Nebraska, go to Texas, and weigh 26,001 total weight with my farm plated toter and RV plated, LQ, I have to get this Texas license?

Try to explain that one to the DMV with me living out of state.......


No because of the Driver License Agreement, all states must honor the license issued in your home state.
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roxieannie
Reg. Apr 2010
Posted 2014-04-08 1:59 PM (#158551 - in reply to #158429)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?


Member


Posts: 9

Location: Winnie, Tx
From what I have been reading, with farm tags,,,,if you are 150 miles from your home address on drivers license, you are OK. 151 miles with farm tags you becom commercial. I read this off TX web site.
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hornet
Reg. Mar 2010
Posted 2014-04-08 4:41 PM (#158561 - in reply to #158551)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?


Extreme Veteran


Posts: 379
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Location: Missouri
Oops, you're right, I didn't notice the "farm plate" reference. Farm tags are different, in Missouri if I leave the state with farm tags I'm considered commercial and then a CDL comes to play. But regular tags are fine so long as I'm not hauling for commerce. Some states might require a Non-CDL class A license for my truck and trailer combo, but Missouri doesn't hence the other state must honor my home state license.

Edited by hornet 2014-04-08 4:42 PM
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PaulChristenson
Reg. Jan 2007
Posted 2014-04-08 5:54 PM (#158564 - in reply to #158429)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?


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Posts: 3853
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Location: Vermont
If you cross state lines with FARM plates...DOT officers will take an interest in your vehicle...
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loveduffy
Reg. Feb 2006
Posted 2014-04-10 9:04 AM (#158586 - in reply to #158429)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?



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Posts: 1871
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Location: NY
all I have to say is AAAAAA
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hogtownboss
Reg. Sep 2008
Posted 2014-04-11 4:06 PM (#158614 - in reply to #158551)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?


Expert


Posts: 1351
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Location: Decatur, Texas
Originally written by roxieannie on 2014-04-08 1:59 PM

From what I have been reading, with farm tags,,,,if you are 150 miles from your home address on drivers license, you are OK. 151 miles with farm tags you becom commercial. I read this off TX web site.
YES and NO! With Texas farm plates as long as you are in Texas you are legal inside the state. The 150 miles comes in when you cross the state line, then you are legal as long as you stay with in the 150 miles of your home address. BUT once you hook up a truck to a trailer and your combined gross weight is over 26,001lbs you have to have a CLASS A non cdl!ie; my truck gvw is 12,500lbs and the gvw on our Sundowner LQ 3 horse trailer is 17,???lbs which means I am at 29,500lbs gvw plus!....even though with farm tags as long as I am under 46-k gross I am legal or my truck and trailer is legal. The only way to not have to have a class A non cdl is to have a truck and trailer that has a gvw of 26,001 or less!
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Tx. Vaquero
Reg. Jun 2006
Posted 2014-04-11 6:37 PM (#158615 - in reply to #158429)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?




100100100100
Location: Texas
You better go to the Tx. DPS website and check it out. There is no exemption to the 150 mile limit, in state or out. If somebody told you different, get it in writing because you will need it if you ever get stopped.
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hogtownboss
Reg. Sep 2008
Posted 2014-04-14 11:52 AM (#158634 - in reply to #158615)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?


Expert


Posts: 1351
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Location: Decatur, Texas
Originally written by Tx. Vaquero on 2014-04-11 6:37 PM

You better go to the Tx. DPS website and check it out. There is no exemption to the 150 mile limit, in state or out. If somebody told you different, get it in writing because you will need it if you ever get stopped.
Already got it. Was changed in 2012!
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BS Hauler
Reg. Jan 2012
Posted 2014-04-20 8:13 PM (#158734 - in reply to #158429)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?



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Posts: 51
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The way I understand it in Iowa, is with farm special plates they are an in state plate only and you have to be within 150 miles of your home address.
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hogtownboss
Reg. Sep 2008
Posted 2014-04-21 1:28 PM (#158743 - in reply to #158734)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?


Expert


Posts: 1351
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Location: Decatur, Texas
Originally written by BS Hauler on 2014-04-20 8:13 PM

The way I understand it in Iowa, is with farm special plates they are an in state plate only and you have to be within 150 miles of your home address.
You are correct, but in Texas and CA. with that states farm plates you are legal all over that state and 150 miles of your home address when traveling out of that state.I just did not want to have to go thru the CDL mess..... But have figured out I would be legal going with a CLASS A non CDL!
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PaulChristenson
Reg. Jan 2007
Posted 2014-04-22 9:49 PM (#158768 - in reply to #158743)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?


Expert


Posts: 3853
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Location: Vermont
Originally written by hogtownboss on 2014-04-21 1:28 PM

Originally written by BS Hauler on 2014-04-20 8:13 PM

The way I understand it in Iowa, is with farm special plates they are an in state plate only and you have to be within 150 miles of your home address.
You are correct, but in Texas and CA. with that states farm plates you are legal all over that state and 150 miles of your home address when traveling out of that state.I just did not want to have to go thru the CDL mess..... But have figured out I would be legal going with a CLASS A non CDL!
You better reread this about all over the state...https://www.txdps.state.tx.us/internetforms/Forms/CVE-13.pdf.

Edited by PaulChristenson 2014-04-22 9:52 PM
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PaulChristenson
Reg. Jan 2007
Posted 2014-04-22 9:58 PM (#158769 - in reply to #158429)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?


Expert


Posts: 3853
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Location: Vermont
Stupid three minute rule... From your Texas manual... Farm vehicle drivers are exempt from CDL requirements if:(1) Used to transport their own agricultural products, farm machinery, or farm supplies to or fromtheir farm;(2) Used within 150 miles of the person’s farm.So if you are NOT transporting your own Ag products(assuming horses or other critters) to or from your farm...150 miles is it...
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hogtownboss
Reg. Sep 2008
Posted 2014-04-23 1:42 PM (#158779 - in reply to #158429)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?


Expert


Posts: 1351
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Location: Decatur, Texas
shows no such page!EXEMPT FROM CDL, YES!!! But must have a CLASS A lic. which ever way I go!

Edited by hogtownboss 2014-04-23 1:44 PM
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PaulChristenson
Reg. Jan 2007
Posted 2014-04-24 12:25 PM (#158793 - in reply to #158779)
Subject: RE: FARM TAGS / CDL or NON CDL QUESTIONS?


Expert


Posts: 3853
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Location: Vermont
Originally written by hogtownboss on 2014-04-23 1:42 PM

shows no such page!EXEMPT FROM CDL, YES!!! But must have a CLASS A lic. which ever way I go!
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