By TIM ALEXANDER
Illinois Correspondent

BLOOMINGTON, Ill. — How the U.S. Department of Transportation (DOT) classifies implements of husbandry, farmers hauling grain under a 50/50 cost share and delivery of grain to elevators that export is under review by the Federal Motor Carrier Safety Administration (FMCSA).

The review, which will feature a public comment period, came to fruition after the FMCSA informed Illinois agriculture that delivery of grain to elevators via tractor or grain wagon can be considered illegal under certain conditions. Grain delivery vehicles, FMCSA announced, must have commercial registration to qualify as vehicles legally engaging in interstate commerce.

In addition, crossing state lines with a nurse tank or other farm implement is also illegal because such vehicles are also considered commercial motor vehicles. FMCSA decreed that farmers are considered for-hire carriers if they haul grain under a 50/50 cost share situation, and are therefore subject to all FMCSA regulations.

“We have three issues with the USDOT,” said Jean Payne, president of the Illinois Fertilizer & Chemical Assoc. (IFCA), which is working closely with DOT, Illinois legislators, The Fertilizer Institute, the Ag Retailers Assoc., the Illinois Farm Bureau (IFB) and other Illinois ag organizations and businesses to develop guidelines for agricultural movements for FMCSA consideration.

“The USDOT has never defined what an implement of husbandry is, so if we take a nurse wagon or toolbar across state lines, that is considered an interstate movement and controlled by the federal government. They are saying they must be commercial motor vehicles, making it illegal to cross state lines with implements of husbandry.”

The second issue, according to the state’s agriculture groups, relates to the delivery of grain by farmers to elevators that export. “USDOT has decided that in Illinois, where the majority of our elevators export grain, that the export of grain is (considered) interstate commerce,” said Payne.

“So, if you take a tractor and a grain wagon to an elevator that exports, (DOT) is saying that is interstate commerce. That prohibits a farmer from taking grain to an elevator that exports – it would be illegal. You would have to (transport grain) in a Class A-licensed semi.”

The traditional 50/50 cost-share arrangement is also threatened with the new/old grain movement regulations DOT is promoting. Payne explained that farmers in a 50/50 arrangement who truck grain from fields to elevators are engaged in a for-hire movement, according to DOT, and must meet all requirements of a commercial transporter.

This regulation would require an upgrade from farming license plates, among other conditions, according to Payne.

“Illinois allows you to put a farm plate on (a) truck that is going to an elevator, but if you are in a 50/50, USDOT is saying that is interstate commerce because you are exporting, and now you have to meet all of their federal regulations,” she said. “We have asked USDOT to work with us on developing new regulations. While we are providing guidance to USDOT, they have decided they are not going to enforce these (current) regulations.”

Illinois legislators worked with DOT Secretary Ray LaHood to pave the way toward negotiations with FMCSA, which led to FMCSA’s recent announcement in the Public Register of an open public comment period relating to the “applicability of the Federal Motor Carrier Safety Regulations to operators of certain farm vehicles and off-road agricultural equipment” through June 30.
“This is something that has never been addressed,” Payne said. “I don’t know if a certain circumstance brought it up, but we had an issue with ammonia nurse wagons crossing into Wisconsin last year. It may have raised the issue with USDOT, and may have left us in a very precarious position.

“We have to be able to cross state lines with our nurse tanks and toolbars to do business with our immediate neighbors. This could cause a tremendously unnecessary burden to the agriculture industry in Illinois.”

The IFB, which did not respond to a request for comments for this article, is currently collecting comments through its county offices for submission to FMCSA. Public comments may be filed directly by fax at 202-493-2251.