North Carolina Car Accident Lawyers Blog

North Carolina farmers operating large machinery have been taking to the roads recently so that they can get their crops cut, sold, or stored before the cold weather sets in. Recent news from the Federal Motor Carriers Safety Administration (FMCSA) indicates that farmers will continue to be free to transport their goods however they see fit because the government has no intention of setting new regulations.

With daylight hours continuing to get shorter with each passing day, our Hickory car accident attorneys know that farmers will be working hard to get their crops harvested; motorists are advised to use a little extra caution to avoid a car accident involving farm machinery in North Carolina.

Many pieces of farm equipment are big and bulky and loads are not always secured properly so motorist should drive safely when they attempt to pass or follow behind a tractor, hay wagon or other large piece of slow moving equipment.

John Porcari, U.S. Department of Transportation Deputy Secretary reconfirmed that there is no need for states to make changes to regulations that have worked well in the past. Changing or adding new regulations is not needed within the farm community and farmers will continue to have the same exemptions they have always had.

Farmers expressed their concerns about the overnment clamping down on transport regulations earlier this year, which led to the U.S Department of Transportation initiating a review. The FMCSA released guidance which orders state officials to use a common sense approach in allowing farmers, farm workers and their families to go about their business and transport produce and other product to market each day. The government will not impose any new regulations or new safety requirements, or change rules with regard to how farm machinery or farm supplies are transported to and from a farm.

Approximately 1,700 farmers nationwide submitted comments and concerns to FMCSA, of which most requested that the agency allow state governments to oversee exceptions as needed. One concern proposed by farmers was that a Commercial Driver's License (CDL) for some farm operations would not be exempted which is a concern for those using "crop-share" leasing. Upon further investigation, FMCSA found many inconsistencies from state to state which resulted in asking state officials to ease up on safety regulations for new entrants performing "crop share" leasing. There are three issues of particular interest as it pertains to farm equipment on public roadways. These issues include:

-Interstate vs. Intrastate commerce: Very little leeway is given to FMCSA since the U.S. Supreme Court and otherfederal courts have determined the difference between the two. The states and agriculture industry have come to terms and generally agree that no new regulatory guidance is needed at this time.

-Commercial Driver's License: As of now, each state can regulate and make exceptions with regard to CDL when it comes to operators of farm vehicles, including family members of farmers or employees hired by the farmer. FMCSA has determined that farmers who rent farmland and gain from the crops or transport to market for themselves or their landlords should be permitted to obtain CDL exemptions handed out by the state.

-Implements of Husbandry: It is next to impossible to keep farm equipment off of rural public roadways, even if only for short trips. Most states already have common sense regulations and enforce these practices so that farmers can move equipment to and from the crops and the farm safely. FMCSA has determined no changes are needed at the federal level.

Motorists should keep a watchful eye for farm machinery transporting goods and equipment in the weeks to come. Showing a little extra patience can reduce the risk of injury involved in a collision with machinery operated by a farmer.