2014 farm truck regs

A RESOURCE FROM

速

PUBLISHED 2014

LETTER FROM THE PRESIDENT

A

rkansas Farm Bureau is pleased to provide this Farm Vehicle Regulations publication that highlights the guidelines, regulations, exemptions, registration fee schedules and other information needed when operating farm vehicles or implements on Arkansas’ highways.

Many times it is difficult to decipher the statutes and regulations dealing with farm vehicles. We hope this publication will help. We urge our members to take this Randy Veach publication and keep it in the farm vehicles that will be traveling on federal, state and county highways. It is ARFB President intended to be used as a quick reference guide.

Note: The provisions included in this publication pertain to Arkansas Statutes (Intrastate) unless noted as being Federal Guidelines (Interstate).

SPECIAL THANKS

Arkansas Farm Bureau would like to thank the Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department for their help and cooperation in providing and reviewing information included in this publication. Their efforts have helped to ensure the accuracy and validity of this publication.

DISCLAIMER This is not a legally-binding publication. The State and Federal Regulations are subject to change at any time. This publication is not necessarily all inclusive and there may be additional guidelines and regulations that are not listed.

TABLE OF CONTENTS

Helpful Numbers and Websites 4 Commercial Motor Vehicles (CMVs) 5

Agriculture Exemptions Items Not Covered by the MAP 21 Exemption 7 Applicable Regulations that Still Apply to “Covered Farm Vehicles” 7 Some CMV Rules that Apply 8 General to protect against shifting and falling By weight of load or article (1/2 weight) By length (one device for every 10 linear feet or fraction of load) Cargo Specific regulations including light and heavy equipment State Laws that apply to CMVs 9 Vehicles operated with distillate special fuel Securing of Loads Splash Aprons/Mud Flaps Over Size Permits and Exemptions 10 General Size and Weight Info 10

Vehicles Hauling Animal Feed, Livestock or Poultry

Vehicles Hauling Unfinished and Unprocessed Farm products,

Forest products or other Products of the Soil

Vehicles Hauling Compacted Seed Cotton Farm Implement Escort Requirements 12 Registration of Farm Vehicles and Trailers — (H) Class Eight 14 List of Items Needed to be Present in Farm Trucks 18 Definitions 18 Mini-Trucks 20 All Terrain Vehicles (ATVs) 22 Transportation of Farm Workers and Seat Belts 26 Texting while driving; Mobile Phone Use 26 Pre-Trip Checklist 27

NUMBERS & WEBSITES STATE OF ARKANSAS Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department www.arkansashighways.com

• Central Office 501-569-2421 • Oversize Permit Office 501-569-2381

• Hazardous Waste Permits 501-569-2546 • Intrastate Authority 501-569-2355

Arkansas Department of Finance & Administration 501-682-4692 (Vehicle Licensing) Federal Motor Carrier Safety Admin. 501-324-5050 www.fmcsa.dot.gov

ARKANSAS FARM BUREAU Transportation Questions 501-228-1324

HIGHWAY ENFORCEMENT AGENCIES OR HIGHWAY DEPARTMENTS OF NEIGHBORING STATES • Louisiana 225-925-6006 • Mississippi 601-987-1212 • Missouri 888-276-6636 • Oklahoma 405-521-2011 • Tennessee 615-251-5166 • Texas 512-424-2051

4

COMMERCIAL MOTOR VEHICLES (CMVS) Commercial Motor Vehicle (as defined by CFR 49 390.5) is any selfpropelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle ‘s gross weight exceeds 10,001 pounds, the vehicle is designed to transport more than 8 passengers (for compensation) or 15 passengers (uncompensated) or is moving material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C. Generally an operator of a Commercial Motor Vehicle is required to have a Commercial Driver’s License (CDL) unless the following exemptions apply.

Agriculture Exemption

Under Map 21 Section 32934 Agriculture Exemptions from Federal Motor Carrier Safety Regulations (FMCSR) for Covered Farm Vehicles allows certain exemptions from CDL requirements.

A farmer is covered by the agriculture exemption above when driving a covered farm vehicle.

A “covered farm vehicle” includes any commercial motor vehicle (CMV) (defined in 49 CFR 390.5, but excluding vehicles transporting hazardous materials in a quantity requiring placards), traveling in the state in which the vehicle is registered or another state.

The vehicle must be: • operated by a farm or ranch owner or operator, or an employee or family member of the owner or operator • being used to transport to or from a farm or ranch: o agricultural commodities; o livestock; or o machinery or supplies; • equipped with a special license plate (i.e. Farm Tag) or other designation by the state in which the vehicle is registered to allow for identification of the vehicle as a farm vehicle by law enforcement.

5

Map 21 exemptions apply when the vehicle: (d) Has a gross vehicle weight rating (GVWR), gross combination weight rating (GCWR) or gross vehicle weight or gross combination weight, whichever is greater, that is—

(i) 26,001 pounds or less, for vehicles operating in interstate commerce anywhere in the United States; or

(ii) greater than 26,001 pounds and traveling in interstate commerce within the State in which it is registered, or

(iii) greater than 26,001 pounds and traveling in interstate commerce within 150 air miles of the farm or ranch with respect to which the vehicle is being operated, regardless of whether it is being operating within the State it is registered.

Drivers driving “covered farm vehicles” are also exempted from these other FMCSR requirements provided they meet qualifications of the definition. Exempted parts include 49 CFR Parts 382, 383, 391 (Subpart E), 395 and 396.

1. Part 382 – Exempt from Controlled Substances and Alcohol Use and Testing 2. Part 383 – Exempt from Commercial Driver’s License Standard and Requirements 3. Part 391 (Subpart E) – Exempt from Physical Qualifications and Examinations 4. Part 395 – Exempt from Hours of Service (log books/time sheets) of Drivers 5. Part 396 – Inspection Repair and Maintenance (record keeping/ annual or periodic inspections etc.) This exemption should not be confused with Part 393: Parts and Accessories Necessary for Safe Operation which remains applicable.

6

ITEMS NOT COVERED BY THE MAP 21 EXEMPTION Individuals and/or trucks transporting goods “for hire” are not eligible for the agriculture exemptions. The definition of “for hire” includes goods in trade.

If drivers do not meet the definitions allowed by the MAP 21 exemptions, they are required to have a medical certificate. There are specific forms for physicians to use before creating a certificate. Refer to the Arkansas Commercial Motor Carrier Safety Regulations manual 391.41-391.43 for more information.

APPLICABLE REGULATIONS THAT STILL APPLY Covered Farm Vehicles and their operations are exempt, under MAP 21, to four Parts and one Sub-Part of 49 CFR. These identified operations are still subject to all other parts of the regulations that apply to the operation of Commercial Motor Vehicles including state and local laws.

Applicable regulations include but are not limited to: • USDOT numbers and UCR fees if required; • minimum levels of financial responsibility; • knowledge of and compliance with applicable regulations; • prohibition of texting or use of hand-held mobile telephones; • possession or use of radar detectors; • inspection of equipment; (equipment is still subject to inspection but an exemption from Part 396 for recording keeping exists) • emergency equipment; • cargo and cargo securement devices prior to operation; • parts and accessories necessary for safe operation including all general equipment, lights, and securement of cargo.

Drivers should be knowledgeable of all applicable regulations. Particular attention should be paid to Parts 390, 392, and 393. These and all other regulations may be found at www.fmcsa.dot.gov .

7

SOME CMV RULES THAT APPLY Helpful information relative to common regulations: Driver responsibility for safe operation – Part 392 General equipment requirements for CMV’s – Part 393 Lighting Requirements for CMV’s – Part 393.9, 393.11, and Table 1 Safe Loading General to protect against shifting and falling – Part 393.100 Must be loaded to prevent cargo from leaking, spilling, blowing or falling from the motor vehicle and from shifting upon or within that the vehicles stability or maneuverability is adversely affected.

By weight of load or article (1/2 weight) – Part 393.106 Cargo must be secured in a manner that the working load limit of securement devices are equal to or greater than one-half the weight of the load.

By length (one device for every 10 linear feet or fraction of load) – 393.110 Number of devices must be equal to one device for every 10 linear feet or fraction thereof and one additional device if no front end structure is present.

Cargo Specific regulations including light and heavy equipment – 393.116 thru 136 Light equipment (less than10,000 pounds ) must be restrained as heavy equipment OR at both front and rear to prevent lateral, forward, rearward, and vertical movement using a minimum of two tiedowns affixed to the structure or by use of devices designed over or around wheels. Heavy equipment (10,000 pounds or more) must have all accessory equipment lowered and secured and prevented from articulation while in transit. If the equipment is on wheels or tracks restrained against movement in the lateral, forward, rearward, and vertical direction using a minimum of four tiedowns affixed as close as possible to the front and rear of the vehicle.

8

STATE LAWS APPLICABLE TO CMVS Vehicles operated with distillate special fuel ACA 26-56-220 requires vehicles that operate with distillate special fuel must have • an operable speedometer, • odometer, or hub meter in good operating condition to correctly measure and register the miles traveled by the motor vehicle and • all trucks must have the true owner’s name and address or adequate identification on the outside of both right and left cab doors in letters not less than two inches high, as near the center on the outside of the doors as possible. The name and address of the owner must be legible at a distance of twenty-five feet.

Securing of Loads ACA 27-35-110 requires that no vehicle shall be driven or moved on any highway unless it is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Motor vehicles or trailers with an open bed manufactured on or before 9/30/01 must be covered if carrying sand, gravel, or rock OR must have six inches of freeboard maintained at the perimeter of the load. Motor vehicles or trailers with an open bed manufactured after 9/30/01carrying sand, gravel, or rock and operating on the paved public streets and highways must be securely covered with a material which will prevent the load from dropping, sifting, leaking or otherwise escaping therefrom.

Splash Aprons/Mud Flaps ACA 23-13-208 Rule 17.3 requires all trailers, trucks, truck-tractors and / or Semi-trailers exceeding 10,000 lbs operated on highways of the State of Arkansas subject to jurisdiction of the commission shall have attached thereto a splash apron (mud flap) directly to the rear of the rearmost wheels.

9

OVER SIZE PERMITS AND EXEMPTIONS All movement covered by this section should take place during daylight hours.

Any vehicle over 102 inches is considered over-width. Farm Implements that are over-width, being moved within a 50 mile radius, and are not being moved upon a fully-controlled access highway, are not required to obtain a special permit. This includes: (a) From one farm to another; (b) From a farm to a repair shop or dealer; or (c) From a repair shop or dealer to a farm.

Note: This exemption is for width only. All loads exceeding the legal height, length and/or weight limits are required to obtain a special permit.

Permits can be obtained online at www.arkansashighways.com . For more information call 501-569-2381.

GENERAL SIZE & WEIGHT INFO Farm tractors may tow up to two dirt pans. If the move is within a 50 mile radius no permit is required, if the move exceeds a 50 mile radius an oversize permit is required.

Commercial earth movers may use tractors to tow up to two dirt pans with a valid oversize permit.

Vehicles Hauling Animal Feed, Livestock or Poultry Single trip permits or annual permits for a one-year period that authorizes the movement on non-interstate highways of a truck tractor and single semi-trailer combination with five (5) axles hauling animal feed to livestock or poultry, which exceeds the maximum gross weight as provided in ยง 27-

10

35-203, with a tandem axle limit of thirty-six thousand five hundred pounds (36,500 lbs.) and a single axle limit of twenty thousand pounds (20,000), and a total gross weight of eighty-five thousand pounds (85,000 lbs.), may be purchased by contacting the Arkansas Highway Police Permit Section.

Vehicles Hauling Unfinished and Unprocessed Farm products, Forest products or other Products of the Soil Vehicles, or combinations of vehicles, with five (5) axles hauling unfinished and unprocessed farm products, forest products, or other products of the soil on non-interstate highways shall comply with a tandem axle limit of thirty-six thousand five hundred pounds (36,500 lbs.) and a single axle limit of twenty thousand pounds (20,000 lbs.) provided that the total gross weight shall not exceed eighty-five thousand pounds (85,000 lbs.)

Vehicles Hauling Compacted Seed Cotton Vehicles, or combinations of vehicles, which vehicles or combinations of vehicles have a total outside width in excess of one hundred two inches (102) but not exceeding one hundred eight inches (108) used for hauling compacted seed cotton from the farm to the first point at which such seed cotton shall first undergo any processing, preparation for processing, or transformation from its compacted state shall be permitted an eight thousand pounds (8,000 lbs.) per axle variance above the maximum allowable gross axle weight for single and tandem axles set forth in subsections (a) and (b) and subdivision (c)(1) of this section; provided, no such variance for such vehicles from the formula prescribed in subsection (e) of this section, nor from the axle weight nor overall maximum gross weight shall be allowable on federal interstate highways.

Provided, further, no vehicle or combination of vehicles permitted the above axle variance, which vehicle or combination of vehicles has only three (3) axles, shall exceed a maximum overall gross weight of seventy thousand pounds (70,000 lbs.) and no such vehicle or combination of vehicles permitted the above axle variance, which vehicle or combination of vehicles has four (4) or more axles, shall exceed a maximum overall gross weight of eighty thousand pounds (80,000 lbs.)

Natural Disaster Exemptions The Governor and the President of the United States may grant certain exemptions during times of natural disasters or emergencies. Please contact the Arkansas Highway Police about such exemptions.

11

PERMIT AND ESCORT REQUIREMENTS Escort vehicles must meet certain requirements including radio contact with escorted vehicle, lights and signage. Please contact Arkansas Highway Police for those requirements or consult the permit manual.

On any controlled access, divided highway with four (4) or more lanes, a permitted vehicle in excess of fourteen feet (14’) in width, inclusive of overhangs, clearance lights, eaves, or any other appurtenance, shall be accompanied by one (1) escort vehicle. The escort vehicle shall travel behind the permitted vehicle a distance of two hundred feet (200’) while in continuous travel.

On all highways, that are not controlled access, divided highways with four (4) or more lanes, the movement of a permitted vehicle over twelve feet (12’) in width but not more than fourteen feet (14’) in width, inclusive of overhangs, clearance lights, eaves, or any other appurtenance, shall be accompanied by one (1) escort vehicle that shall travel in front of the permitted vehicle. The escort vehicle shall travel in front of the vehicle.

The movement of any vehicle which exceeds fourteen feet (14’) in width shall be accompanied by two escort vehicles. One escort vehicle shall precede the permitted load, and one escort shall follow it.

If the overall height exceeds fifteen feet (15’), an escort vehicle with a clearance bar that extends six inches (6”) above the permitted height is required to precede the load.

If the overall height exceeds seventeen feet (17’) the mover shall obtain written agreements signed by the owners of overhead facilities (utilities, traffic signals, etc.) along the route and the move shall be accompanied by representatives of the owners or the mover shall obtain letters from the owners indicating they are aware of the height of the over-height load and do not desire to have a representative accompany the move.

Flags: All over-dimensional loads must have flags on all four corners of the load. Flags shall be: (a) Red or fluorescent orange; (b) At least

12

eighteen (18) inches square; (c) Displayed at the widest point of the load.

Oversize Load Signs: A sign shall be at least six (6) to eight (8) feet in width, display “Oversize Load”, and have black letters on a yellow background. The black letters shall be at least eighteen (18) inches tall and 1.44 inches wide.

“On any controlled access, divided highway with four or more lanes, a permitted vehicle in excess of fourteen feet in width, inclusive of overhangs, clearance lights, eaves, or any other appurtenance, shall be accompanied by one escort vehicle.”

13

REGISTRATION OF VEHICLES & TRAILERS — (H) CLASS EIGHT For Vehicles used in the Noncommercial Hauling of Farm or Timber Products produced in the State. Class Eight Registration can be used for: • Vehicles using only improved roads and those used primarily on the farm, for timber harvesting or forestry, in the wooded areas, and off the main highway system of this state • Vehicles used exclusively for the noncommercial hauling of farm or timber products produced in this state and for the hauling of feed, seed, fertilizer, poultry litter, and other products commonly produced or used in agricultural operations or the hauling of animal feed by owners of livestock or poultry for consumption in this state by livestock or poultry owned by them • Vehicles used in the hauling of unfinished and unprocessed forest products and clay minerals and ores originating in Arkansas from the point of severance to a point in the state at which they first undergo any processing, preparation for processing, conversion, or transformation from their natural or severed state. o Notwithstanding any provision of this subdivision (a)(3) (H) to the contrary, farmers may transport cotton seed from the gin or warehouse to the first point of sale under this special classification. o Rock or stone or crushed rock or crushed stone, except rock or stone which is to undergo further processing into a finished or semifinished product other than crushed rock or crushed stone, shall not be construed as clay minerals or ores under the provisions of this classification. o Notwithstanding any provision of this subdivision (a)(3) (H) or any other law to the contrary, persons in the timber harvesting or forestry industries who transport wood waste, wood chips, or wood dust from a mill or a temporary location may transport the wood waste, wood chips, or wood dust from the mill or the temporary location to a destination for further processing under this special classification. (ii) The annual license fees for vehicles classified as either farm or natural resources vehicles shall be as follows:

14

(a) For a vehicle with two (2) axles, including mini-trucks, a fee of three dollars and ninety cents ($3.90) per one thousand pounds (1,000 lbs.) of gross loaded weight of the vehicle, with a minimum fee of thirtytwo dollars and fifty cents ($32.50) and a maximum fee of sixty-five dollars ($65.00) for each vehicle; (b) For a vehicle with three (3) axles, a fee of ninety-seven dollars and fifty cents ($97.50); (c) For a vehicle with four (4) axles, a fee of one hundred thirty dollars ($130); (d) For a vehicle with five (5) axles, a fee of one hundred sixty-two dollars and fifty cents ($162.50); (e) For a vehicle with five (5) axles used exclusively by the owner of livestock or poultry in hauling animal feed for consumption in this state by the owner’s livestock or poultry, a fee of six hundred fifty dollars ($650); and (f) Notwithstanding any of the provisions of this subdivision (a)(3)(H) to the contrary, for a vehicle to be operated separately or in combination with other vehicles, which vehicle or combination has a total outside width in excess of one hundred two inches (102’’) but not exceeding one hundred eight inches (108’’) and is utilized or intended to be utilized to transport compacted seed cotton, the annual license fee shall be six hundred fifty dollars ($650). Provided, any full trailer or semitrailer used in combination with such registered vehicle shall also be registered in accordance with and pursuant to the applicable fees set out in subdivision (a)(3)(I) of this section. That portion of the annual license fee established by this subdivision (a)(3)(H)(ii)(f) which equals four hundred eighty-seven dollars and fifty cents ($487.50) is declared to be a permit fee for the use of the public roads and streets of this state by such vehicles while operated separately or in combination with other vehicles due to the unusual design and size of such vehicles or combinations of vehicles. (iii) (a) The foregoing vehicles shall not exceed the maximum axle load permitted by law. (b) Five-axle vehicles may haul maximum gross loaded weights of up to eighty thousand pounds (80,000 lbs.) without the purchase of any additional or different type license.

15

(iv) The Director of the Department of Finance and Administration shall cause to be issued special and distinctive license plates for vehicles in this classification, with separate farm license plates to be established for those vehicles used in the noncommercial hauling of farm products produced in this state, and for the hauling of feed, seed, fertilizer, poultry litter, and other products commonly produced or used in agricultural operations or compacted seed cotton and separate natural resources license plates to be established for those vehicles hauling timber products, clay minerals, or ores. (v) (a) Before any license may be issued for a vehicle designated as either a farm vehicle or a natural resources vehicle, the applicant shall, by affidavit, state that he or she is familiar with the purposes for which such licenses may be used as authorized under this classification and that he or she will not use such vehicle for which application for license is made for any purpose not authorized under this classification. The applicant shall indicate on his or her affidavit whether the vehicle is to be used for the hauling of farm products, animal feed, compacted seed, or cotton or for the hauling of forest products, clay minerals, or ores. (b) If the applicant is the owner of a mini-truck, then the affidavit shall state that the vehicle is being used exclusively for farm purposes and that the mini-truck meets the other requirements of ยง 27-14-726. (vi) (a) Upon submitting an affidavit, any person entitled to obtain a farm license for a motor vehicle used for hauling farm products as authorized under this classification, if the vehicle is required for only seasonal or occasional use, may be issued a farm license for the vehicle for the first six (6) months of the annual licensing period at a rate equal to one-half (1/2) of the annual fee but in no event less than sixty-five dollars ($65.00) or for the last month of the current annual licensing period and the first six (6) months of the subsequent annual licensing period at a rate equal to seven-twelfths (7/12) of the annual fee but in no event less than seventy-five dollars ($75.00). (b) The director shall issue special distinctive license plates or license plate validation decals for the vehicles, including the indication thereon of the expiration date, so as to identify them from annual plates. (vii) The owner of any motor vehicle who is entitled to obtain a

16

farm license for such motor vehicle for use in hauling farm products as authorized in this subdivision (a)(3)(H) may use such motor vehicle for the hauling of baled cotton from the cotton gin to a cotton compress without the necessity of the payment of additional license fees or the obtaining of additional license plates for such motor vehicle. (viii) The director shall promulgate such rules and regulations as may be necessary to carry out the intent of this classification and prevent abuse thereof. However, before any such rules or regulations shall be effective, they shall be approved by majority action of the members of the State Highway Commission acting for and in behalf of the Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department, which is the agency charged with the principal responsibility of enforcing the motor vehicle license laws of this state. (ix) Vehicles licensed under this classification for the hauling of farm products only shall be permitted, without payment of additional fees, to transport return loads to the farm or domicile of the owner of such vehicles where such return load contents are the property of, and to be used or consumed by, the owner of the vehicle or his or her family. (x) If a violation of the natural resources classification as authorized in this subdivision (a)(3)(H) is discovered, a license must immediately be purchased for such vehicle in accordance with the rate of license that should lawfully be required for such vehicle for so moving on the roads and highways of this state. No credit shall be given on the purchase price of such license for any amount or amounts paid for license hitherto purchased for use on such vehicle. This requirement of license purchase shall not be in lieu of any criminal prosecution. (xi) All affidavits required under the provisions of this subdivision (a) (3)(H) shall be acknowledged by the director, his or her authorized agent, or some other person authorized by the laws of this state to administer oaths.

NOTE: In Arkansas, vehicles bearing farm tags may travel for other purposes beyond farm use (i.e. pulling of a camper.) This may not be true in neighboring states. Individuals are advised to contact those states if you have questions about traveling with farm tags into those states.

17

ITEMS REQUIRED TO BE PRESENT IN FARM TRUCKS

• Registration • Proof of insurance The following are required if applicable: • Fire extinguisher (charged) • Safety warning triangles • Driver’s License or CDL (if required) If crossing state lines: • DOT Number If not covered under MAP 21 Exemption: • Proof of annual inspection (sticker or copy of inspection, etc) • Copy of Medical Certificate Compliance Tips • Make sure your farm vehicle is in compliance with weight and mechanical standards • Ensure you have all items (listed above) required to be in larger farm trucks • Review Requirements and Definitions sections of this publication • Make sure you understand the difference between agriculture and non-agriculture hauling.

DEFINITIONS Agricultural Commodity – Agricultural commodity means any agricultural commodity, nonprocessed food, feed, fiber, or livestock (including livestock as defined in sec. 602 of the Emergency Livestock Feed Assistance Act of 1988 [7 U.S.C. 1471] and insects).

Farmer – any person who operates a farm or is directly involved in the cultivation of land, crops or livestock which:

18

(a) Are owned by that person; or (b) Are under the direct control of that person.

Farm implement or equipment – machinery, equipment or vehicle used exclusively in a farm or agriculture operation.

Farm supplies – Farm supplies for agricultural purposes means products directly related to the growing or harvesting of agricultural commodities during the planting and harvesting seasons within each State, as determined by the State, and livestock feed at any time of the year.

Farm vehicle driver – a person who drives a motor vehicle that is: (a) Controlled and operated by a farmer as a private motor carrier of property; (b) Being used to transport either agriculture products, or farm machinery, farm supplies, or both, to or from a farm. (c) Not being used in the operation of for-hire motor carrier; (d) Not carrying hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded; and (e) Being used within 150 air-miles of the farmer’s farm.

Fully-controlled access highway – a highway which: (a) Gives preference to through traffic; (b) Has access only at selected public roads or streets; and (c) Has no highway grade crossing or intersection.

Interstate commerce – trade, traffic, or transportation in the United States: (a) Between a place in a state and a place outside such state (including a place outside the United States); (b) Between two places in a state through another state or a place outside of the United States; or (c) Between two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States.

Intrastate commerce – trade, traffic, or transportation in any State which is not described in the term “interstate commerce.”

Arkansas’ harvesting season and planting season – January 1 to December 31 of each year. (year round)

19

MINI-TRUCKS

27-14-726. Mini-trucks.

(A) “Mini-truck” means a motor vehicle that is: (i) At least forty-eight inches (48’’) in width; (ii) Not more than one hundred thirty-five inches (135’’) in length including the bumper; (iii) At least one thousand five hundred pounds (1,500 lbs.) in unladen weight, including fuel and fluids; (iv) Equipped with: (a) Four (4) or more low pressure tires or pneumatic rubber tires that are used on motor vehicles; “Low pressure tire” means a pneumatic tire six inches (6’’) or more in width designed for use on a wheel with a rim diameter of twelve inches (12’’) or less and utilizing an operating pressure of ten pounds per square inch (10 p.s.i.) or less as recommended by the vehicle manufacturer; (b) A steering wheel; (c) Seating for at least two (2) people to sit side-by-side in the front seating area; (d) A fully enclosed metal or metal-reinforced cab with glass and mirrors that complies with Arkansas Code: § § 27-37-301 -- 27-37-305 regarding safety glass and mirrors; (e) Metal doors with functioning handle locks that are similar to the handle locks on motor vehicles; (f) Head lamps as required under § 27-36-209; (g) Tail lamps as required under § 27-36-215; (h) Signal lamps as provided under § 27-36-216; (i) A working horn as required under § 27-37-202(a); (j) Seat belts as provided under § 27-37-701 et seq.; and (k) Front and rear bumpers.

(B) A mini-truck may be equipped with a bed or cargo box for hauling materials.

(C) A mini-truck is not an all-terrain vehicle under § 27-20-201 et seq. and § 27-21-101 et seq.

20

(b) (1) The owner of a mini-truck may register and license it as a Class Eight farm vehicle under ยง 27-14-601(a)(3)(H).

Those wishing to register a mini-truck should talk to their local licensing agency to receiving correct information. (d) A mini-truck shall not be operated on a road or highway if: (1) The operation of mini-trucks is prohibited; (2) The road is a controlled-access highway; (3) The posted speed limit is more than fifty-five (55) miles per hour; or (4) The mini-truck cannot maintain a speed equal to the posted speed limit.

The owner of a mini-truck under ยง 27-14-726 may license and register the mini-truck as a Class Eight farm vehicle if the vehicle is used for farm purposes.

21

ALL TERRAIN VEHICLES (ATVS) 27-21-102.

(1) (A) “All-terrain vehicle” means a vehicle that: (i) Has three (3), four (4), or six (6) wheels; (ii) Is fifty inches (50’’) or less in width; (iii) Is equipped with nonhighway tires; (iv) Is designed primarily for off-road recreational use; and (v) Has an engine displacement of no more than one thousand cubic centimeters (1,000 cc).

(B) “All-terrain vehicle” includes a recreational off-highway vehicle.

(C) “All-terrain vehicle” does not include a golf cart, riding lawnmower, or lawn or garden tractor; (2) “Nonhighway tire” means a pneumatic tire: (A) Six inches (6’’) or more in width; (B) Designed for use on a wheel with a rim diameter of fourteen inches (14’’) or less; and (C) That uses an operating pressure of twenty pounds per square inch (20 psi) or less as recommended by the vehicle manufacturer; (3) “Public streets and highways” means the part of the street, road, or highway, including the improved road shoulder, that is open to vehicular traffic and that is maintained by the state or by a political subdivision of the State of Arkansas and includes any federal highways; and (4) (A) “Recreational off-highway vehicle” means a vehicle that: (i) Has four (4) or six (6) wheels; (ii) Is seventy-five inches (75’’) or less in width; (iii) Is equipped with nonhighway tires; (iv) Is designed primarily for off-road recreational use; and (v) Has an engine displacement of no more than one thousand cubic centimeters (1,000 cc).

(B) “Recreational off-highway vehicle” does not include a golf cart, riding lawnmower, or lawn or garden tractor.

27-21-106. Operation on public streets and highways unlawful -Exceptions.

22

(a) It is unlawful for any person to operate an all-terrain vehicle on the public streets and highways of this state, even if the vehicle otherwise meets the equipment standards of ยง 27-20-104, except under the following conditions and circumstances: (1) A person may operate an all-terrain vehicle on the public streets and highways if the vehicle is: (A) Used in farming or hunting operations; and (B) Operated on the public streets and highways in order to get from one (1) field to another; (2) (A) An all-terrain vehicle may be operated upon the public streets or highways if the: (i) Vehicle needs to make a direct crossing of the street or highway to get from one (1) area to another; and (ii) Vehicle: (a) Comes to a complete stop; (b) Yields the right-of-way to all oncoming traffic that constitutes an immediate hazard; and (c) Crosses the street or highway at an angle of approximately ninety degrees (90 degrees) to the direction of the street or highway.

(B) (i) In crossing divided highways, the crossing may be made only at an intersection of the highway with another public street or highway. (ii) In crossings made between the hours from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise or in conditions of reduced visibility, the crossing may be made only with both front and rear lights turned on; (3) (A) A person who has lost one (1) or both legs above the ankle or who otherwise has a serious walking handicap shall be permitted to operate a three-wheeled, four-wheeled, or six-wheeled all-terrain vehicle as a means of transportation on any of the following: (i) A nonhard surfaced road; (ii) The shoulders of all state and federal highways, except as provided under subdivision (a)(3)(E) of this section; or (iii) Public streets and roads when traveling on the public street or road is the most reasonable route of access available to him or her from

23

one (1) off-road trail to another off-road trail or from his or her private property to an off-road trail. (B) An all-terrain vehicle used as provided under subdivision (a)(3)(A) of this section by a person who has a serious walking handicap shall be equipped with a red flag at least six inches (6’’) wide and twelve inches (12’’) long on a pole or staff extending at least thirty-six inches (36’’) above the level of the seat.

(C) For the purposes of this subdivision (a)(3), “serious walking handicap” means any walking handicap certified as serious by a licensed physician.

(D) A person operating an all-terrain vehicle as provided under subdivision (a)(3)(A) of this section shall carry on his or her person or on the vehicle the physician’s certificate certifying that the person has a serious walking handicap.

(E) A person operating an all-terrain vehicle as provided under subdivision (a)(3)(A) of this section shall not operate the all-terrain vehicle on any part of the federal interstate highway system or on fullycontrolled access highways; (4) An on-duty law enforcement officer or a person performing an official law enforcement function may operate an all-terrain vehicle on public streets and highways; and (5) An employee of a utility, telecommunications, or cable company working during a time of emergency or severe weather may operate an all-terrain vehicle on public streets and highways. (b) When two (2) or more all-terrain vehicles are operating together on a public street or highway as permitted in limited circumstances in this chapter, the vehicles shall be operated in single file except while overtaking another vehicle. The operator of an all-terrain vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left until safely clear of the overtaken vehicle.

Nothing in this subsection shall be construed to prohibit an operator from overtaking and passing upon the right another vehicle which is making or about to make a left turn if the overtaking and passing is accomplished in accordance with Arkansas law.

24

27-20-201(-208) All-terrain vehicles shall be registered with the state in accordance with the state code. There is no renewal of registration on an all-terrain vehicle. These vehicles may be exempted from state sales and use tax if used EXCLUSIVELY as farm equipment.

“All-terrain vehicles shall be registered with the state in accordance with the state code.

There is no renewal of registration on an all-terrain vehicle. These vehicles may be exempted from state sales and use tax if used EXCLUSIVELY as farm equipment.�

25

TRANSPORTATION OF FARM WORKERS AND SEAT BELTS 27-37-702. Seat belt use required — Applicability of subchapter.

Each driver and front seat passenger in any motor vehicle operated on a street or highway in this state shall wear a properly adjusted and fastened seat belt properly secured to the vehicle.

27-35-104. Riding in spaces not for passengers. (a) No person shall ride on any vehicle upon any portion of the vehicle not designed or intended for the use of passengers. (b) This section shall not apply to any employee engaged in the necessary discharge of a duty or to persons riding within bodies of trucks in space intended for merchandise.

TEXTING WHILE DRIVING; MOBILE PHONE USE § 392.80 Prohibition against texting. (a) Prohibition. No driver shall engage in texting while driving. (b) Motor carriers. No motor carrier shall allow or require its drivers to engage in texting while driving. § 392.82 Using a hand-held mobile telephone. (a)(1) No driver shall use a hand-held mobile telephone while driving a CMV. (2) No motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV. Emergency exception: Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services.

26

PRE-TRIP CHECKLIST

4

§ 392.7 Equipment, inspection and use. (a) No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed:

• Service brakes, including trailer brake connections.

• Parking (hand) brake.

• Steering mechanism.

• Lighting devices and reflectors.

• Tires.

• Horn.

• Windshield wiper or wipers.

• Rear-vision mirror or mirrors.

• Coupling devices. (b) Drivers preparing to transport intermodal equipment must make an inspection of the following components, and must be satisfied they are in good working order before the equipment is operated over the road.

Drivers who operate the equipment over the road shall be deemed to have confirmed the following components were in good working order when the driver accepted the equipment: Service brake components that are readily visible to a driver performing as thorough a visual inspection as possible without physically going under the vehicle, and trailer brake connections.

— Lighting devices, lamps, markers, and conspicuity marking material — Wheels, rims, lugs, tires — Air line connections, hoses, and couplers — King pin upper coupling device — Rails or support frames — Tie down bolsters — Locking pins, clevises, clamps, or hooks — Sliders or sliding frame lock[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38746, July 28, 1995; 73 FR 76823, Dec. 17, 2008; 74 FR 68708, Dec. 29, 2009]

27

28