515-223-5119 [email protected]

[Author: Will Rogers, Director of Governmental Affairs, 2012; R-2013 | Keywords: Legislation, Trailers]

If you are a retailer of Diesel Fuel Trailers in Iowa or Nebraska, you and your customers need to know that there are federal and state laws that are applicable to the transportation of diesel fuel and other Class 3 materials that may require a Commercial Driver’s License, Hazmat Endorsement, and Placarding.

In general, diesel fuel hauled as a part of farming operations, is considered an exempt activity, and does not need to meet the federal requirements. Below is specific information for you and your customers to better understand the pertinent laws and regulations for both Iowa, Nebraska, and at a federal level.

IOWA

Iowa Farmers transporting diesel fuel from farm to field, within 150 air miles or less of their farm, do not need a Commercial Driver’s License for intrastate transportation and therefore, are exempt from needing a hazmat endorsement and meeting the placarding requirements set forth by the Federal Motor Carrier Safety Administration Regulation 383.5 & 49 CFR 173.5.

Under Iowa Code Section 321.176A, the following operators are exempt from commercial driver’s license requirements:

A farmer or a person working for a farmer while operating a commercial motor vehicle controlled by the farmer within one hundred fifty air miles of the farmer’s farm to transport the farmer’s own agricultural products, farm machinery, or farm supplies to or from the farm. The exemption provided in this subsection shall apply to farmers who assist each other through an exchange of services and shall include operation of a commercial motor vehicle between the farms of the farmers who are exchanging services.”

For additional information or guidance regarding Federal or Iowa transportation laws, please contact Major Lance Evans with the Iowa Department of Transportation at 515-237-3214 or by email at: [email protected]

NEBRASKA

Nebraska farmers transporting diesel fuel from field to field, within 150 air miles or less of their farm, do not need a Commercial Driver’s License for intrastate commerce provided they are not using a truck-tractor semitrailer. Title 49 Code of Federal Regulations §173.5 allows certain exemptions from the Hazardous Materials Regulations when operated exclusively in intrastate commerce.

Under Nebraska Revised Statute 60-465 (2), the following operators are exempt from commercial driver’s license requirements:

“Commercial motor vehicle does not include (a) a farm vehicle, other than a combination of truck-tractors and semitrailers, which is (i) controlled and operated by a farmer, including operation by employees or family members of the farmer, (ii) used to transport either agricultural products, farm machinery, farm supplies, or both, to or from a farm or ranch, (iii) not used in the operations of a common or contract motor carrier, and (iv) used within one hundred fifty miles of the farmer’s farm or ranch.”

For additional information or guidance regarding Federal or Nebraska transportation laws, please contact the Nebraska State Patrol – Carrier Enforcement Division at 402-471-0105.

CROSSING STATES LINES

Once a farmer crosses state lines with a vehicle that has a gross vehicle weight rating, gross combination weight rating or gross vehicle weight exceeding 10,000 lbs. they are considered a Commercial Motor Vehicle for applicability of the federal regulations. Once a farmer transports diesel across state lines in quantities of 119 gallons or more per package he/she must comply with the Federal Hazardous Materials Regulations.

NOTE: Iowa and Nebraska have a reciprocity agreement in effect which exempts drivers of farm straight trucks (including those towing a trailer), being operated across the border of these two states, from needing a CDL as long as the vehicle is; properly operated as a farm truck, controlled and operated by a farmer or their family members and/or employees, is being used for their farm operation and is within 150 miles of the farmer’s farm.

DEALERS

Dealers transporting diesel fuel in quantities of 119 gallons or more per package must comply with the Federal Motor Carrier Safety Regulations and the Federal Hazardous Materials Regulations.