RULESFOR THEROAD A SELECT COLLECTION OF INFORMATION ON MOTOR VEHICLE REGULATIONS
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Table of Contents 1. REFERENCE GUIDE.............................................................................................................................................4 2. COVERED FARM VEHICLE (CFV) EXEMPTION.................................................................................................... 6 3. DRIVER’S LICENSE TYPES & CLASSIFICATIONS.................................................................................................8 4. H2A DRIVERS LICENSE GUIDE............................................................................................................................ 9 5. MEDICAL CARD.................................................................................................................................................10 6. HOURS OF SERVICE (HOS)................................................................................................................................ 12 7. CONTROLLED SUBSTANCES, ALCOHOL USE AND TESTING.............................................................................14 8. USDOT NUMBER AND THE UCR........................................................................................................................ 15 9. ENTRY LEVEL DRIVER TRAINING...................................................................................................................... 18 10. STAYING COMPLIANT.......................................................................................................................................20 11. LICENSING FARM TRUCKS................................................................................................................................ 21 12. SIZE AND WEIGHT LIMITS................................................................................................................................ 23 13. PERMITS............................................................................................................................................................ 26 14. WIDE LOADS OF FARM EQUIPMENT................................................................................................................28 15. IMPLEMENTS OF HUSBANDRY.........................................................................................................................30 16. SLOW MOVING VEHICLES (SMV)...................................................................................................................... 33 17. ATVS ON PUBLIC ROADS..................................................................................................................................34 Note: Laws and regulations change over time. This document is current as of the date of publication, but the laws and regulations discussed in it are subject to change without notice. ILLINOIS FARM BUREAU CONTACT: Rodney Knittel Asst. Director of Transportation and Infrastructure rknittel@ilfb.org | (309) 557-3662 Revised January 2022. Copyright: Illinois Farm Bureau® ©2019 3
Reference Guide Truck Regulation Resources For Illinois Farmers MOTOR CARRIER SAFETY HAZARDOUS MATERIALS SAFETY TESTING IL DEPARTMENT OF TRANSPORTATION IL DEPARTMENT OF TRANSPORTATION IL DEPARTMENT OF TRANSPORTATION Office of Motor Carrier Safety TRANSPORTATION Division of Traffic Safety Bureau of Safety 1340 North 9th Street HazMat Compliance Unit Programs & Administrative Services PO Box 19212 Springfield, IL 62794 1340 North 9th Street 1340 North 9th Street P: 217-785-1181 PO Box 19212 PO Box 19212 F: 217-782-9159 Springfield, IL 62794 Springfield, IL 62794 dot.state.il.us P: 217-785-1181 P: 217-785-1181 FEDERAL MOTOR CARRIER F: 217-782-9159 F: 217-558-2236 SAFETY ADMINISTRATION FEDERAL MOTOR CARRIER idot.illinois.gov/transportation-system/ 3250 Executive Park Drive SAFETY ADMINISTRATION safety/roadway/index Springfield, IL 62703 3250 Executive Park Dr Illinois Test Lane Locations P: 217-492-4608 Springfield, IL 62703 idot.illinois.gov/Assets/uploads/files/ P: 800-832-5660 P: 217-492-4608 Transportation-System/Specialty-Lists/ fmcsa.dot.gov HAZMAT RULES & EDUCATION Safety/LanesForInternet.pdf MOTOR CARRIER SAFETY fmcsa.dot.gov/regulations/hazardous- REGULATIONS materials/how-comply-federal-hazardous- EMISSIONS TESTING Illinois materials-regulations IL EPA ilga.gov/commission/jcar/ Div. of Mobile Source Programs admincode/092/092parts.html COMMERCIAL DRIVERS 1021 N. Grand Ave., East Federal LICENSE Springfield, IL 62794-9275 fmcsa.dot.gov/regulations/rulemaking IL SECRETARY OF STATE P: 800-635-2380 THE MOTOR CARRIER SAFETY CDL Section Email: epa.vim2528@illinois.gov PLANNER 2701 Dirksen Parkway epa.illinois.gov/ fmcsa.dot.gov/safety/carrier-safety/motor- Springfield, IL 62723 Vehicle Emissions Testing Program carrier-safety-planner P: 217-524-1350 www2.illinois.gov/epa/topics/air-quality/ ENTRY LEVEL DRIVER TRAINING ilsos.gov/departments/drivers/drivers_ mobile-sources/Pages/vehicle-emissions- tpr.fmcsa.dot.gov license/CDL/home.html testing.aspx CDL Study Guide MOTOR FUEL TAXES ilsos.gov/publications/pdf_publications/ SIZE & WEIGHT IL DEPARTMENT OF REVENUE dsd_cdl10.pdf IL DEPARTMENT OF TRANSPORTATION Motor Fuel Use Tax Rules of the Road Bureau of Operations PO Box 19477 ilsos.gov/publications/pdf_publications/ 2300 S. Dirksen Parkway Springfield, IL 62794 dsd_a112.pdf Rm 117 P: 217-785-1397 Springfield, IL 62764 revenue.state.il.us CDL Testing Locations P: 217-782-6271 ilsos.gov/facilities/facilitylist.html DYED DIESEL FUEL & TAX EXEMPT P: 217-785-1477 P: 217-782-2291 idot.illinois.gov/doing-business/permits/ CARRIER FOR HIRE Oversize-and-Overweight-Permits/index www2.illinois.gov/rev/research/ taxinformation/motorfuel/Pages/default.aspx IL COMMERCE COMMISSION TRANSPORTATION DIVISION Order Permits Online INTERSTATE FUEL PERMIT (IFTA) webapps.dot.illinois.gov/ITAP/ 527 East Capitol P: 217-785-1397 IDOT Interactive Maps Springfield, IL 62701 www2.illinois.gov/rev/research/taxinformation/ Including construction routes; permit P: 217-782-6447 motorfuel/mfut/Pages/licensereg.aspx routes; weather information; planning & F: 217-785-1448 icc.illinois.gov/transportation/ programming for routes, and more. gettingaroundillinois.com/ 4
USDOT# MORE MATERIALS DRUG & ALCOHOL FEDERAL MOTOR CARRIER SAFETY IL FARM BUREAU WEBSITE SCREENING PROGRAM ADMINISTRATION (DOWNLOADS) FOR IL FARM BUREAU® MEMBERS 3250 Executive Park Dr ilfb.org/resources/farmer-rural-resources/ 1-217-525-0310 Springfield, IL 62703 transportation-resources/ Provided through Midwest Truckers Association P: 217-492-4608 (This document available with hyperlinks.) mid-westtruckers.com fmcsa.dot.gov J. J. KELLER & ASSOCIATES, INC. Printable Application Form & Instructions. [Full line of printed regulations, forms & more.] fmcsa.dot.gov/registration-licensing/print- P: 877-564-2333 forms/print-forms.htm jjkeller.com/ On-line Application LABELMASTER fmcsa.dot.gov/registration/getting-started [Full line of printed regulations, forms & more.] P: 800-621-5808 UCR (UNIFIED CARRIER labelmaster.com/ REGISTRATION) IL VEHICLE CODE www.ucr.gov [Statutory law for vehicles.] ilga.gov/legislation/ilcs/ilcs2. VEHICLE REGISTRATION asp?ChapterID=49 LICENSE PLATES FOR TRUCKS & TRAILERS IL SECRETARY OF STATE ILLINOIS STATE POLICE Commercial & Farm Truck Division (ASK FOR THE MOTOR CARRIER SAFETY OFFICER) 300 Howlett Bldg 501 S. 2nd St Springfield, IL 62706 DIST. LOCATION PHONE P: 217-785-1800 1 3107 E. Lincolnway, Sterling, IL 61081 815-632-4010 F: 217-524-0123 2 777 S. State Street, Elgin, IL 60123-7689 847-931-2405 ilsos.gov/publications/motorist/cft.html Chicago 9511 W. Harrison, DesPlaines, IL 60016 847-294-4400 Title & Registration Guide ilsos.gov/departments/vehicles/title_and_ 5 16648 S. Broadway, Lockport, IL 60441 815-726-6377 registration/pert.html 6 800 Old Airport Road, Pontiac, IL 61764 815-844-1500 Farm & Mileage Plates 7 800 Hillcrest Road, East Moline, IL 61244 309-752-4915 ilsos.gov/departments/vehicles/license_plate_ guide/truck_and_trailer_plates/farm_truck_ 8 1265 Lourdes Road, Metamora, IL 61548 309-383-2133 trailer.html 9 3780 E. Lake Shore Dr., Springfield, IL 62712 217-786-7107 IRP Summary 10 P. O. Box 110, Pesotum, IL 61863 217-867-2050 ilsos.gov/publications/pdf_publications/ 11 1100 Eastport Plaza, Collinsville, IL 62234 618-346-3990 vsd585.pdf 12 401 Industrial Dr., Ste. A, Effingham, IL 62401 217-347-2711 ENTRY LEVEL DRIVER 13 1391 S. Washington St., DuQuoin, IL 62832 618-542-2171 TRAINING (ELDT) 14 1600 N. Lafayette St. Macomb, IL 61455 309-833-4046 https://tpr.fmcsa.dot.gov/ 2700 Ogden Ave., Downers Grove, IL 60515 15 630-241-6800 Ext. 5030 (Tollways only) 16 16450 West State Road, Pecatonica, IL 61063 815-239-1152 17 2971 East 350th Road, LaSalle, IL 61301 815-224-1171 18 102 IL. Route 16, Litchfield, IL 62056 217-324-4900 19 919 IL Route 14, Carmi, IL 62821 618-382-4606 20 P. O. Box 32, Pittsfield, IL 62363 217-285-2034 21 PO Box 147, Ashkum, IL 60911 815-698-2395 22 1154 Shawnee College Rd., Ullin, IL 62992 618-845-3740 5
Covered Farm Vehicle (CFV) Exemption Qualifying for the CFV exemption allows farmers to enjoy breaks Classification from the Federal Motor Carrier Safety Regulations (FMCSR). There Whether operating with a CDL or a Non-CDL, drivers must have a are limits to the exemptions. If at any time not all qualifications properly classified driver’s license for the vehicle size and type are met, none of the exemptions are available. they are operating. How to Qualify Class A – Combination vehicles, 26,001 pounds or more 1. Farmer, family member, or employee of a farmer Gross Combined Weight Rating (GCWR) or Gross Combined Weight(GCW), providing the Gross Vehicle Weight Rating(GVWR) 2. Hauling only for the farm or Gross Vehicle Weight (GVW) of the vehicle being towed is in 3. Not hauling for hire excess of 10,000 pounds. 4. Range (see chart) Class B – Single vehicle with a GVWR or GVW of 26,001 or more 5. Registered with a “farm” license plate pounds, or any such vehicle. May include trailer of 10,000 6. Not required to be placarded pounds or less. RANGE Class C – Single vehicle with a GVWR of at least 16,001 pounds (WITHIN WHICH THE EXEMPTION MAY BE APPLIED) but less than 26,001 pounds. May include trailer of 10,000 pounds or less. CFV LOCATION ≤ 26,001 Class D – Single vehicle with a GVWR of less than 16,001 pounds. pounds > 26,001 pounds May include small trailer, but combined weight may not exceed INSIDE 26,000 pounds. No limit No limit ILLINOIS CDL and the Farm Semi OUTSIDE No limit 150 Miles ILLINOIS Farm semi drivers must possess a Class A CDL or a Non-CDL farm semi license with a J51 restriction. All tests and penalties for this The 150 miles is from the carrier’s base of operation, Non-CDL farm semi license are the same as those required for the i.e., the farm. CDL. Obtaining the J51 does not require ELDT. What Is Exempt Applicability CFV Exemptions cover six major areas: The CFV exemption applies to the truck-tractor/semi-trailer 1. Commercial Driver’s License (CDL) [49 CFR 383] Non- (semi) equally as it does to other vehicle types. No additional CDL Class A or B required depending on vehicle with J51 requirements need to be met to qualify. Unlike the Farm Vehicle restriction Driver(FVD) exemption, the CFV exemption for farm semi operators can be applied to non-family farm employees, not just 2. Controlled Substances, Alcohol Use, and Testing [49 CFR family members. 382] Endorsements 3. Physical Qualifications and Examinations [49 CFR 391, Drivers who qualify for a non-CDL license are not required to have Subpart E] Includes the medical card requirement the special endorsements associated only with the CDL; however, those drivers who are required to have a CDL must undergo 4. Hours of Service [49 CFR 395] special knowledge and/or skills testing if they will be driving a 5. Inspection, Repair, and Maintenance [49 CFR 396]. Only for vehicle: interstate commerce vehicles 1. With double or triple trailers. 6. Entry Level Driver Training is not required for Non-CDL license 2. With a tank of 1,000 gallons or more liquid capacity or (See pg. 18 ELDT) multiple tanks each with a capacity of more than 119 gallons that, in aggregate, total to more than 1,000 gallons (Measure tank capacity, not content. Applies to any liquid, even water). 6
3. That is placarded because of the type and quantity of license). And drivers of a CFV are expressly exempted from drug hazardous materials carried (Requires fingerprinting and and alcohol testing and the drug and alcohol clearinghouse background check. Apply at least 90 days in advance of requirements. driver’s license expiration). OR Overview of Drug & Alcohol testing 4. With capacity for 16 or more passengers, including the driver. Requirements http://www.fmcsa.dot.gov/rules-regulations/topics/drug/ Drug and Alcohol Testing engtesting.htm Requirement [49 DFR 382 103] Generally, if a driver is required to have a CDL, he/she is also required to submit to drug & alcohol testing. The testing involves Farm Vehicle Driver (FVD) Exemption pre-employment, random, post-accident, reasonable suspicion, The FVD exemption currently still applies in Illinois and has and return-to-duty testing requirements. Several other factors are not changed since 1996. To take advantage of all agriculture worthy of note: exemptions a farm plated vehicle offers, it is suggested that you utilize the CFV exemption. That can be accomplished by 1. Having a CDL when not required does not trigger this testing getting the Non-CDL Class A licenses with a J51 restriction. If requirement. you currently possess a Non-CDL Class A license with a J50 2. The employer is responsible for providing the testing restriction that is the FVD license. You are not required to but, program, not the driver. may go to a local Secretary of State office and get the J50 changed to a J51 restriction. 3. An employer who employs himself/herself as a driver (as many farmers do) must comply with both the requirements that apply to employers and the requirements that apply to drivers (employees). 4. Individual drivers must be pooled with a larger group (consortium) to ensure random selection. Farm Exemption and the CFV [49 CFR 382.103(d) & (d)(4)] There are two avenues of exemption. Drug and alcohol testing is generally not required of drivers who have been exempted from the requirement to have a CDL – even if that farmer has a CDL. (It is the requirement that the driver have a CDL that triggers drug testing, not merely the coincidence that the driver has that 7
Driver’s License Types & Classifications A driver must be properly licensed to operate the size of the semitrailer combination is treated differently in Illinois than all vehicle he/she is driving. Farmer exemptions from the CDL do other vehicle types. There are two driver’s licenses that can be exist; however, they must still have the correct classification used to operate a semi. The Class A CDL or the Non-CDL Class A of license in order to operate certain vehicles. The truck-tractor with a J51 restriction. (J50 restriction is still valid as well.) CDL NON-CDL Combination of vehicles 26,001 pounds or more. A A (where the trailer is 10,001 pounds or more) Single vehicle of 26,001 pounds or more. B B (may include trailer of 10,000 pounds or less) Single vehicle of more than 16,000 but less than 26,001 pounds C C (may include trailer of 10,000 pounds or less) Single vehicle of 16,000 pounds or less. - D (may include trailer of any size so long as the combination is not 26,001 pounds or more) DO YOU NEED A CDL? Note: An individual getting a Non-CDL license NO Does the vehicle or combination of vehicles have GVWR should be able to make a next available over 26,000 lbs.? appointment for the driving test. Those getting a CDL are required to wait 14 days. YES Is the vehicle a combination vehicle towing a trailer over 10,000 lbs. GVWR? YES You need a class A CDL NO Does the single vehicle have a GVWR over 26,000 lbs.? You need a Class B CDL YES (Can also include a trailer less than 10,000 lbs.) NO Does the single vehicle have a GVWR over 16,000 lbs. but YES You need a Class C CDL. less than 26,001 lbs.? NO Does the vehicle require hazardous material placards? YES You need a Class C CDL. (Farmers are given an NO exemption of up to 502 gal.) You DO NOT need a CDL. WHAT IF I AM A FARMER AND Illinois Farmers that fall under the Covered Farm Vehicle Exemption must have a Non- HAVE FARM PLATES? CDL license equal to the CDL classification. 8
The increased use of H2A workers in recent years drew much attention to the length and confusion it took to get these workers licensed in Illinois. To resolve these issues Illinois Farm Bureau and Midwest Truckers Association worked with the Illinois Secretary of State and developed this H2A License Guide. OFFICE OF THE SECRETARY OF STATE JESSE WHITE – Secretary of State H2A Workers Guide to Getting an Illinois License Non-CDL Class A License (Farm Waived) Non-Domiciled CDL with a J51 restriction • Present one document to SOS office that • Present one document to SOS office that satisfies satisfies each group A, B, C, D https:// each group A, B, C, D https://www.ilsos.gov/ www.ilsos.gov/publications/pdf_publica- publications/pdf_publications/dsd_x173.pdf tions/dsd_x173.pdf • Pass written test for Class D license • Pass written test for Class D license • Pass written test for Non-CDL Class A license • Pass written test for Non-CDL Class A license (Can be taken same day as Class D test. (Can be taken same day as Class D test. • Make first available appointment to take skill • Make first available appointment to take test at a CDL testing facility(Do not have to wait skill test at a CDL testing facility(Do not 14 days like CLP https://apps.ilsos.gov/facility have to wait 14 days like CLP https://apps. finder/facility ilsos.gov/facilityfinder/facility • Take and pass skill/driving test in a truck equal • Take and pass skill/driving test in a truck to one you will be driving on a daily basis equal to one you will be driving on a daily o Example: If the truck the applicant will be basis driving daily is a manual, they cannot take o Example: If the truck the applicant the driving test in an automatic will be driving daily is a manual, they cannot take the driving test in an automatic. If a worker does not have a Social Security number, the worker is only eligible for a temporary visitor driver’s license (TVDL) to operate a Class D vehicle or a motorcycle. H2A and Non-Domiciled CDL for 18-20 year olds – If an out of country license cannot be provided, the applicant must complete Adult Driver’s Education or provide proof of classroom completion of state-approved driver education course. Expiration date of driver’s license will be equal to the applicant’s authorized length of stay/departure date as indicated on immigration documents. 2701 South Dirksen Parkway • Springfield, IL. 62723 9
Medical Card What is a Medical Card? Medical Card and the CFV [49 CFR 391.2(d)] It is a document, typically wallet-sized, that has been signed by Drivers operating a CFV are exempt from the requirement to have a qualified medical professional indicating that the driver has a Medical Card. Specifically, the exemption is from the rules in passed a DOT Physical and is generally physically qualified, Part 391, Subpart E. under federal law, to drive a truck. That DOT physical looks at a specified set of conditions including such things as eyesight and Medical Card Exemptions hearing, range of motion in joints, loss of limbs, and the presence Covered Farm Vehicles (CFV): This one is very simple. It applies of potentially debilitating disorders such as diabetes or seizures. the exception from the DOT physical to all drivers who operate a While most physicians are medically qualified to conduct the CFV, whether straight truck or a combination vehicle. physical, not all offer the service. Special examination forms are Requirement to Carry a Medical Card available online. All drivers required to undergo a DOT physical must continue to Medical Examiner Certification carry a medical card with them unless they have been certified Since May 20, 2014, interstate drivers are allowed to use as “NI” (Non-Exempt Interstate.) See below. Those NI drivers may only those examiners who are USDOT certified to give the DOT now leave their medical cards at home – their medical card record physical. The restriction significantly cuts the availability of the is included in the federal electronic database for CDL drivers service – especially in sparsely populated areas of the state. known as CDLIS. Requirement to Have a Medical Card CDL holders must comply Federal law [49 CFR 391] and Illinois law generally start from All drivers who have a CDL (whether you are required to have the premise that virtually everyone who drives a truck or a truck- that CDL or not) had to appear in person at a CDL testing facility trailer combination of 10,001 pounds or more in commerce to affirm whether they are required to have passed a recent DOT (including farming) is subject to the requirement. physical and whether they drive on an interstate or intrastate basis. Generally, those interstate drivers who are required by law Requirement [49 CFR 391.1] to undergo a DOT physical had to have proof of compliance in- Drivers of commercial vehicles generally must undergo a DOT hand at the time of that visit. driver physical once every two years and carry a card (unless it is registered in Commercial Driver’s License Information Center Failure to Comply (CDLIS)) signed by the examining physician indicating he/she Failure to comply will result in the driver’s CDL status being is physically qualified to drive a commercial motor vehicle. With reduced to Non-CDL. There will likely be a 30-day grace period in some exceptions, a medical card must be obtained by a driver if which to reclaim your CDL through certification. If not certified they: within the grace period, the CDL could be permanently forfeited and you would need to start from scratch to get a new one. 1. Operate a commercial vehicle with a Gross Vehicle Weight Rating (GVWR) or a Gross Combination Weight Rating (GCWR) of 10,001 pounds or more in a commercial enterprise (includes farming); or 2. Operate a passenger vehicle designed to transport 16 or more passengers – 8 or more if for hire – including the driver; or 3. Operate a vehicle required by federal regulations to be placarded while transporting hazardous materials. Note: This definition of “Commercial vehicle” differs from that used for the CDL. 10
Reporting Status Interstate vs. Intrastate It is up to the driver to make his or her own decision about which Your operation can be considered trucking in “interstate category to declare. The Secretary of State’s staff has been commerce” in either of two ways. Crossing the state line is clearly instructed to not make that decision for the driver. There are four an interstate move; however, traveling point-to-point within the categories from which to choose: State of Illinois is also considered interstate commerce if the load you are hauling is part of an interstate shipment – generally, 1. Non-excepted Interstate (NI): Drive on an interstate basis cargo that originates in one state and is ultimately destined for and meet 49 CFR 391 requirements (must have a medical another state or country. certificate – must provide the state’s Driver’s License Agency with an original Copy of the Medical Certificate). 1. If you operate in interstate commerce, then report yourself as an Interstate Driver by selecting either “NI” or “EI”. 2. Excepted Interstate (EI): Drive on an interstate basis and excepted from 49 CFR 391 requirements (does not need 2. If you operate in intrastate commerce, then report yourself medical certificate to drive interstate). as an Intrastate Driver by selecting either “NA” or “EA”. 3. Non-excepted Intrastate (NA): Drive on an intrastate basis K Restriction and subject to state medical card requirements as in law If you have declared yourself to be an intrastate-only driver today. (NA or EA), then a “K” restriction will be added to your CDL. That prohibits the use of your CDL for operating a truck outside the 4. Excepted Intrastate (EA): Drive on an intrastate basis and state of Illinois. excepted from all or part of State medical card requirements. APPLIES ONLY TO DRIVERS WHO HAVE A CDL Interstate Intrastate Commerce Commerce Medical NI NA Card Required Exempt from EI EA Medical Card Update before medical card expires Generally, the driver is being asked two questions: 1. Are you an interstate or intrastate driver? 2. Are you required to have a medical card? If your driver status changes, you must notify the Secretary of State immediately. 11
Hours of Service (HOS) State and federal regulations typically restrict the number of Because farmers typically spend most of their on-duty time in hours an individual may operate a Commercial Motor Vehicle labors other than driving a truck – and because of the spikes in (CMV) in any day or in any 7- or 8-day period. Farmers and seasonal demands associated with farming – regulators have those hauling agricultural products or supplies receive special cut farmers some slack when it comes to HOS. In fact, they have dispensation from many of those rules. That generally makes provided quite a lot of slack. the need for electronic logging a non-issue in the ag community. If you are required to maintain a log, then this publication is not Exemptions for you. This piece focuses on the exemptions from the HOS Farmers can take advantage of exemptions from HOS regulations restrictions for the farm community. in several different ways: General Concepts 1. Short-haul operations [49 CFR 395.1(e)]. The overall concept of Hours of Service (HOS) regulations is to 2. Agriculture exemption [49 CFR 395.1(k)] and [IL Admin limit the time a driver may work in any given day or in any given Code, Title 92 Section 395.1000 b)]. 7- or 8-day period, in order to prevent that individual from being over-tired when operating a commercial motor vehicle (CMV). [49 3. Covered Farm Vehicle exemption [49 CFR 395.1(s)]. CFR 395] 4. ELD exemptions. To do that, HOS regulations limit the number of hours a driver may Short-Haul Exemption be “on duty” and the number of hours an individual may drive a Designed for local delivery operations and applicable to all CMV. Those are two separate limits. drivers, including farmers, this exemption excuses the driver It’s important to note that on-duty time includes not only those from maintaining a logbook. The drivers start and stop location hours spent driving, but generally all hours spent on the job for an must be the same to take advantage of this exemption. It does employer – including the self-employed. not excuse the driver from the limited number of on-duty or drive time hours. As of September 29, 2020, the maximum on duty So, those hours spent loading and unloading, doing paperwork, time is 14 hours and the driver must operate within 150 air-miles. servicing the truck, or doing any other task on behalf of the The 30-minute break is also excused under this exemption. A employer count against the limited number of on-duty hours “timecard” or record of hours must be maintained by the carrier. available to the driver. This exemption would be for drivers that do not fall under the For farmers and farm employees, those on-duty hours include agricultural exemption that stay within the 150 air-miles. fieldwork and choring, even though they have nothing to do with driving a truck. Agricultural Exemption This provides an exemption from both logging and the restrictions The drive time (generally 10 or 11 hours) can be used anytime for on-duty time. It applies not just to farmers, but to anyone who during the on-duty time (generally 12 or 14 hours). Once either hauls agricultural products or supplies. There are three major the drive time or the on-duty time has expired for an individual, restrictions associated with this exemption: that person may no longer drive, but they can continue to work at other tasks unrelated to the vehicle. To reset drive time and 1. Travel is limited to locations within 150 air-miles of the on-duty time limits, the individual will generally have to be off- source. duty for a least 10 consecutive hours. Starting September 29, 2020, the 10 hours has a sleeper berth provision. It allows a 2. The exemption applies only during planting and harvesting driver to meet the 10-hour minimum off-duty requirement by periods (as determined by the State). spending at least 7 hours of that period in the berth combined 3. The exemption for the transportation of farm supplies is with a minimum off duty period of at least 2 hours spent inside limited to movements from wholesale to retail and from a or outside the berth, provided the two-periods total at least 10 wholesale or retail distribution point to the farm. Agriculture hours. To track that time, most drivers of a CMV must maintain commodities may be hauled from the farm to any point within what is commonly called a “logbook”. In regulatory speak, it is the 150-mile radius for interstate loads. Intrastate (in Illinois) known as the Driver’s Record of Duty Status (RODS). Up until now, travel of commodities from farm to market is not limited. that has generally been paper-based. Today, most over-the-road Grain hauling operations in Illinois have a 200-mile radius CMVs must be equipped with an Electronic Logging Device (ELD). exemption to HOS from their normal work reporting location. 12
In Illinois (a major ag state) the planting and harvesting period Transporters of livestock and insects are not required to have an is liberally defined as January 1 through December 31. In other ELD. The statutory exemption will remain in place until further words, the exemption applies year-round. notice. Drivers do not need to carry any documentation regarding this exemption. Farm supplies are defined to encompass virtually all inputs, including, but not limited to fertilizer, fuel, seed, chemicals, Requirement [49 CFR 395] equipment, etc. – anything that is “directly related to the growing Generally, drivers of a Commercial Motor Vehicle (CMV) are or harvesting of agricultural commodities”. The intrastate waiver subject to limitations on the number of hours they may operate a is broader than its interstate component. CMV in any given day or week. Covered Farm Vehicle Exemption (CFV) Hours of Service and the CFV [49 CFR This third exemption from HOS regulations applies only to farmers 395.1(s)] and their employees. Within that group, only those who operate Drivers operating a CFV are exempt from the limitations on hours a CFV may take advantage of it. Please see the CFV section for of service, including the maintenance of a logbook. This is in further detail. addition to the more general, seasonal exemption for haulers of agricultural products that is also available to farmers. Electronic Logging Device (ELD) The ELD requirement, logically, applies only where the driver is Trailers required to maintain a log of the time spent operating a truck. When operating a truck and trailer combination, Illinois law That requirement falls within state and federal regulations known generally requires that both the truck and the trailer display a broadly as Hours-of-Service regulations or HOS. [49 CFR 395]. If “farm” license plate in order to qualify as a CFV. This does not a farmer is exempt from HOS or from the requirement to maintain apply to semi-trailers; those are allowed to use standard “ST” a log, then he/she is also exempt from the requirement to use an semi-trailer plate. (See the following paragraphs for other trailer ELD. There are three levels of exemption: variations.) In the following situations, the driver is excused from the Pickups and Duallies requirement to use an ELD, but must still maintain a paper log: Illinois’ smallest “farm” plate is the “VF” at 16,000 pounds. That 1. Operating a vehicle with an engine manufactured prior to is far larger than typically necessary for a pickup truck or dually. model year 2000. Instead, these smaller trucks may be registered with any license plate for a second division vehicle that is 12,000 pounds or 2. Driving within 150 air-mile radius. less to be eligible to qualify for the CFV designation. The $10 designation – plus a “farm” plate on the trailer – will satisfy the 3. Driving a truck not more than 8 days during any 30-day “farm” registration requirement for that combination vehicle. period. When not operating as a CFV, these trucks may be used as any In the following situations, the driver is excused from having to other standard-plated truck, including non-farm business and maintain a log, but remains subject to time restrictions: personal use. 1. Short-Haul operators when driver reports and returns to work Implements of Husbandry reporting location within 14 consecutive hours. Must keep When operating a truck pulling an implement of husbandry, only time records (punch a clock) a work location – as mentioned the truck needs to have the “farm” license plate (or in the case of above. some pickup trucks, the registered CFV designation) in order to satisfy the “farm” registration requirement for the CFV exemption. 2. Driving a vehicle that does not require a CDL. Recordkeeping requirement, along with time and distance limits apply. [49 CFR 395.1(e)(2)]. In the following situations, the driver is generally exempt from all HOS restrictions and requirements: 1. Seasonal Agricultural Exemption (applies year-round in Illinois within a 150-mile limit as mentioned above. 2. Covered Farm Vehicle (CFV) drivers as mentioned above. If driver goes outside the 150 air-mile radius, the driver is required to log HOS. If done more than eight times in a 30-day period, ELD is required. 13
Controlled Substances, Alcohol Use and Testing Drivers who drive under the Covered Farm Vehicle are not Drug & Alcohol Clearinghouse required to have a CDL (may have a class A or B Non-CDL) and are The Federal Motor Carrier Safety Administration (FMCSA) exempt from 49 CFR 382. established the Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse (Clearinghouse). This new database All CDL drivers operating Commercial Motor Vehicles (CMVs) contains information pertaining to violations of the U.S. (greater than 26,000 GVWR, or transporting more than 16 Department of Transportation (DOT) controlled substances (drug) passengers, including the driver, or placarded hazardous and alcohol testing program for holders of CDLs. materials) on public roadways must be DOT drug and alcohol tested. This applies to any driver required to possess a The Clearinghouse rule requires the following: CDL, including those employed by Federal, State, and local government agencies, “owner operators”, and equivalently • Employers must query the Clearinghouse for current and licensed drivers from foreign countries. Part-time drivers must prospective employees’ drug and alcohol violations before also be included in an employer’s drug and alcohol testing permitting those employees to operate a commercial motor program. Drivers who only operate CMVs on private property, not vehicle (CMV) on public roads. open to the public, do not require testing. • Employers must annually query the Clearinghouse for each Drivers who drive under the Covered Farm Vehicle (CFV) are not driver they currently employ. required to have a CDL and are exempt from 49 CFR 382. For more information on the Clearinghouse, please visit Farmers that do not fall under the CFV exemption will need to https://clearinghouse.fmcsa.dot.gov/ include all CDL drivers into a drug testing program. Illinois Farm Bureau has had a long-standing relationship with Midwest Those that drive under the CFV exemption are exempt from the Truckers Association for our members to utilize their drug and clearinghouse requirement. alcohol testing program. Note: Illinois Law effective January 1, 2020 legalizes recreational use of marijuana. Federal law does not recognize CDL Drivers that are required to be in a drug and alcohol testing legalization of marijuana and specifically restricts use of program must be given a policy and informed about the testing marijuana for drivers of CMVs. This is a Zero tolerance policy. policy. A signed certification must be kept on file that the driver received and was informed of the policy. 14
USDOT Number and the UCR When the federal Unified Carrier Registration (UCR) debuted in “commercial vehicle”. For purposes of the UCR and the 2007, it swept up private carriers – including farmers – in its USDOT Number registration, a commercial vehicle is one registration and payment requirements. A prerequisite of the UCR vehicle or a combination of vehicles that is operated in is registration for the USDOT Number. Today, most Illinois farmers commerce (includes farming) and has a Gross Vehicle find their farm trucking operations subject to both USDOT and Weight Rating (GVWR) of at least 10,001 pounds, or in UCR registrations. The requirement is triggered by the “interstate the case of a passenger vehicle, is one built to carry 9 or commerce” nature of most farm-to-market deliveries. This more persons (for hire) or 16 or more persons (not for document will help sort out the conditions for, and the process of, hire), including the driver. It also includes a vehicle that registration. transports hazardous materials in a quantity that requires the vehicle to be placarded. Do these rules apply to Farmers? b. It must be used in “interstate commerce”. Yes, if the farmer operates a commercial vehicle in interstate commerce. There is no farmer exemption from the UCR or USDOT Federal regulations define it as follows [49 CFR 390.5]: Number. Interstate commerce means trade, traffic, or What are these programs for? transportation in the United States – The UCR is a fee collection system. The fees associated with 1. Between a place in a State and a place outside of the Unified Carrier Registration (UCR) are used by states to such State (including a place outside of the United enforce “safety” (Motor Carrier Safety Regulations) and “fitness” States). (insurance) regulations. 2. Between two places in a State through another State The USDOT Number is a federal identification system. The or a place outside of the United States. registration of carriers (under the USDOT Number Program) and the marking of vehicles allows enforcement agencies to track all 3. Between two places in a State as part of trade, traffic, vehicles operated by an individual carrier in order to establish the or transportation originating or terminating outside safety record for the carrier’s entire fleet. the State or the United States. Who is subject to the UCR and USDOT Farming is commerce (you are trying to make a buck), Number? so that part is easy. The more difficult distinction is whether the truck is operated in “interstate commerce”. Regulated for-hire motor carriers and unregulated private and exempt carriers, as well as brokers, freight forwarders, and Your operation can be considered “interstate commerce” leasing companies who operate commercial vehicles in interstate in either of two ways: commerce, are all required to register and pay fees. 1. Crossing the state line is clearly an interstate move. Who is not subject to them? 2. Traveling point-to-point within the State of Illinois Purely intrastate motor carriers are not subject to either. States is also considered interstate commerce if the load that participate in UCR can elect to extend the requirements of you are hauling is part of an interstate shipment, UCR to their intrastate carrier population. Illinois has chosen not generally, cargo that originates in one state and is to. ultimately destined for another state or country. How do I figure out if I have to register What is the government’s current my operation under either program? policy on enforcement? You are required to register if your operation includes at least one The FMCSA enforcement policy on farm-to-market deliveries vehicle that meets both of the following two conditions: within the state of Illinois looks at four conditions. It is intended to minimize the applicability of the USDOT number registration a. It must be a “commercial vehicle”. requirements by applying enforcement only in situations where commerce is indisputably interstate in nature. That has nothing to do with for-hire hauling. Instead, it is generally based on the vehicle’s size. Virtually every farm truck and truck/trailer combination is considered a 15
For purposes of enforcing the USDOT number, farm-to-market NUMBER OF VEHICLES 2021 deliveries originating in Illinois are treated as “interstate commerce” (requiring registration) only if the receiving market 0-2 $66 facility: 3-5 $197 a. Is located outside of Illinois. 6-20 $393 b. Is a river terminal with barge loading capability. 21-100 $1,371 101-1000 $6,534 c. Has unit train loading capability (=60 cars). OR 1,001 or more $63,809 d. Is an intermodal container aggregator and/or shipper. Generally, deliveries to all other in-state markets will be treated as How is the number of vehicles counted? intrastate shipments for purposes of the USDOT number registration. However, the FMCSA reserves the right to consider each facility on a Count only the power units, not the trailers. Typically, use the case-by-case basis to ascertain its interstate status. number of commercial vehicles operated in interstate commerce in the 12-month period ending June 30 of the prior year or the I do not really have a commercial number entered on form MCS-150 when first applying for the truck, just a “farm-plated” truck. USDOT Number. In this case, the term “commercial” has nothing to do with the Is there a credential for carriers under license plate or “for-hire” hauling. For purposes of the UCR and the UCR? the USDOT Number, a farm truck is considered “commercial” generally based on its size. If it is over 10,000 pounds GVWR No. Unlike the USDOT Number, the UCR does not require its or a combination vehicle (truck & trailer) with a GCWR over information to be displayed on the vehicle nor is there any 10,000 pounds, it is commercial. A “farm” license plate does not UCR paperwork to carry with the vehicle. Section 4306 of the determine the commercial or non- commercial status. enacting legislation includes a general federal prohibition against State requirements for interstate motor carriers to display any What if I haul to an ethanol plant or credentials in or on a commercial motor vehicle. Although there soybean processor in Illinois that ships are a number of exceptions to this general prohibition, none processed product out of state? applies to the UCR. The implication is that Congress did not intend Generally, your portion of that move would be considered for there to be any UCR credentialing. intrastate commerce, not interstate commerce. The reason is, the What About credentials for the USDOT raw commodity (i.e., corn or soybeans) traversed an intrastate Number? route and would be transformed into some other product (i.e., ethanol, DDGs, soybean oil or meal) before moving out of state. In The USDOT Number registration requires that commercial vehicles this case, the interstate commerce “map” is reset from the point be marked with the legal name, or a single trade name of the where the original cargo is processed. business entity that owns or controls the motor carrier operation. City and state are not required to be displayed but are allowed. Does the UCR replace the USDOT Number? How do I register for the UCR? No. The UCR is in addition to the USDOT Number registration. The USDOT Number is an identification system. The UCR is a Registration is completed online at the UCR boards website: UCR fee collection system. Because they both use the same trigger Plan – https://www.ucr.gov/ mechanism, if you need one registration, you will also need the other. If I need the UCR, will I need the USDOT Number as well? Are there fees associated with registration? Yes. In fact, you will be required to have the USDOT Number before registering for the UCR. Currently, there is no charge to register for a USDOT Number. There has always been a fee for the UCR. For motor carriers, the fee is based on the total number of commercial motor vehicles operated in interstate commerce. (They differ for brokers and freight forwarders.) Fees: The fees have changed from prior years. 16
I am just getting started in interstate As a New-Entrant Carrier, do I get a hauling, what can I expect under the break on first year fees? UCR and USDOT Number programs No. Fees for the UCR are not prorated. Carriers newly entering Motor carriers who are new entrants into interstate commerce interstate commerce late in the calendar year will be the same should register under both the USDOT Number and UCR programs fee as those who registered early. before they begin operations in interstate commerce. Since new entrants do not have the prior year’s experience on Under a Congressional requirement stemming from the 9/11 which to base the number of interstate vehicles in their fleet terrorist incident, first-time applicants for a USDOT Number (needed to calculate the UCR fee), they can instead base that from the federal government will undergo a new-entrant safety number on the count used to complete form MCS-150 – the form assurance audit within 12 months of their application. In Illinois, used to obtain the USDOT Number. That form asks for “The number that audit will likely take place between 4 to 10 months from the of vehicles that will be operated in the U.S.” time of application. What About Farm Wagons? All first-time carrier applicants for a USDOT Number will be automatically enrolled in the FMCSA New Entrant Safety A farm wagon weighing up to 36,000 pounds GVW in Illinois is Assurance Program. This program requires new entrants to considered to be an implement of husbandry. Implements of pass a safety audit and maintain acceptable roadside safety husbandry are not subject to either the UCR or USDOT Number performance over an initial 18-month period before they are registration requirement; however, trucks used to pull wagons are given permanent registration status. regulated by these programs. What is a New-Entrant Audit and how How to display the USDOT Number will it be conducted? [390.21] Formerly conducted on-site, these reviews are now done The following information must be displayed on both sides of remotely. This “audit” is formally known as a New Entrant Safety each commercial power unit (not trailers) operated by the carrier: Assurance Program Review. USDOT auditors – or IDOT auditors a. The legal name, or a single trade name, of the business working on behalf of the federal government – will notify the entity that owns or controls the motor carrier operation carrier of a pending review and arrange to have the carrier provide (Match that used on Form MCS-150). records required to be kept under Federal Motor Carrier Safety Regulations regarding the carrier’s safety management system. b. The motor carrier identification number issued by the Those records can include, but are not limited to: FMCSA, preceded by the letters “USDOT”. a. Driver Qualifications. c. In letters that contrast with background and are legible from 50 feet in daylight. b. Driver Duty status. d. May be painted on or included on an attached sign. c. Vehicle Maintenance. e. City, state, and address are optional. d. Accident Register. e. Controlled Substances and Alcohol Use and Testing Requirements (where applicable). Illinois farmers who have undergone a new-entrant review report it to be more of an educational experience than a regulatory enforcement. Serious violations, however, could result in fines or penalties or a loss of interstate operating authority. New entrants will most often be given 30 to 60 days to correct any shortcomings. All carriers – new and established – are subject to a “Compliance Review”, another form of an audit, at any time. 17
Entry Level Driver Training (ELDT) Entry Level Driving Training (ELDT) FAQ Why is there an ELDT requirement? What is the ELDT mandate and who is The rule aims to maintain higher driver standards by enforcing required to do the training? and mandating training for entry level drivers. Federal Motor Carrier Safety Act (FMCSA)’s Entry Level Driver If I had a prior CDL and let it expire or it was Training (ELDT) regulations set the baseline for training disqualified for a period of time, do I need requirements for entry-level drivers. This includes those to complete the ELDT? applying to: No. • Obtain a Class A or Class B Commercial Driver’s License (CDL) for the first time; Who can provide the training? • Upgrade an existing Class B CDL to a Class A CDL; or Training can be done by the employer or a truck driving school. The trainer must be registered in the FMCSA training provider • Obtain a school bus (S), passenger (P), or hazardous registry. In Illinois, a “school” must provide 160 hours of materials (H) endorsement for the first time. combined theory and behind the wheel instruction. However, The ELDT regulations are not retroactive; the training there are no time requirements for training providers training their requirements do not apply to individuals holding a valid CDL or an own employees. S, P, or H endorsement issued prior to February 7, 2022. Can farmers avoid the ELDT requirement? If a farmer wishes to obtain a CDL for the first time after February 7, 2022, they will be required to complete training. However, farmers, family members, and employees that are driving a Covered Farm Vehicle (farm plated) can obtain a Non-CDL Class A or B with a J51 Restriction. Since this license is not a CDL, the ELDT requirement is not applicable, and they can avoid the training requirement. When does this go into effect? February 7, 2022. If an applicant who obtains a Commercial Learner’s Permit (CLP) prior to February 7, 2022, obtains a CDL before the CLP or renewed CLP expires, then the applicant is not subject to the ELDT requirements. 18
What are the qualifications to become a What must be covered in the curricula? training provider? 1. Basic Operation Qualification is self-certified by the training provider applicant. 2. Safe Operating Procedures 49 CFR 380.605 states: 3. Advanced Operating Practices Behind-the-wheel (BTW) instructor means an individual who provides BTW training involving the actual operation of a 4. Vehicle Systems Commercial Motor Vehicle (CMV) by an entry-level driver on a 5. Reporting Malfunctions range or a public road and meets one of these qualifications: 6. Non-Driving Activities (1) Holds a CDL of the same (or higher) class and with all tpr.fmcsa.dot.gov/content/Resources/ELDT-Curriculum-Summary.pdf endorsements necessary to operate the CMV for which training is to be provided and has at least 2 years of experience driving There is no required minimum number of instruction hours for a CMV requiring a CDL of the same or higher class and/or the trainers training their own employees. same endorsement and meets all applicable State qualification Separate training providers may deliver the theory and behind- requirements for CMV instructors; or the-wheel (BTW) portions of the training, but both portions of BTW (2) Holds a CDL of the same (or higher) class and with all training must be delivered by the same training provider. endorsements necessary to operate the CMV for which training Driver-trainees must complete both the theory and BTW portions is to be provided and has at least 2 years of experience as a of training within one year of each other, except for individuals BTW CMV instructor and meets all applicable State qualification seeking the H endorsement requirements for CMV instructors. Theory instruction means knowledge instruction on the operation Where do I find out who is a registered of a CMV and related matters provided by a theory instructor training provider? through lectures, demonstrations, audio-visual presentations, Visit tpr.fmcsa.dot.gov computer-based instruction, driving simulation devices, online training, or similar means. Theory instructor means an individual who provides knowledge instruction on the operation of a CMV and meets one of these qualifications: (1) Holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided and has at least 2 years of experience driving a CMV requiring a CDL of the same (or higher) class and/or the same endorsement and meets all applicable State qualification requirements for CMV instructors; or (2) Holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided and has at least 2 years of experience as a BTW CMV instructor and meets all applicable State qualification requirements for CMV instructors. How do I register as a training provider? Training providers can register here: https://tpr.fmcsa.dot.gov 19
Staying Compliant USDOT NUMBER To determine whether the USDOT Number is required of you, visit: IFTA is a base jurisdiction motor fuel use tax agreement in which http://www.fmcsa.dot.gov/registration/do-i-need-usdot-number. the base jurisdiction (typically a state) administers motor fuel To register for a USDOT Number you can visit: https://www.fmcsa. use taxes for all IFTA jurisdictions and apportions payments to dot.gov/registration those jurisdictions. For example, if you purchase fuel in Illinois NEW-ENTRANT SAFETY ASSURANCE PROGRAM but also drive in Iowa, Iowa will receive their portion of the fuel tax through IFTA. FMCSA's New Entrant Program monitors motor carriers' compliance with safety regulations for their first 18 months. This If your vehicles: website explains the program and requirements to help carriers operate safely on our roads. 1. Travel in Illinois and at least one other state, For information about the new entrant program and what is 2. Have two axels and a gross vehicle weight or registered gross included in a Compliance Review, visit https://ai.fmcsa.dot.gov/ vehicle weight exceeding 26,000 pounds, NewEntrant/home.aspx 3. Have three or more axels regardless of weight, or MCS 150 USDOT NUMBER UPDATE – REQUIRED EVERY TWO YEARS. 4. Are used in combination and the gross vehicle weight or the registered gross vehicle weight of the combined vehicles Updates are based on the last two numbers of your DOT number. If exceeds 26,000 pounds, the second to last number is odd, the update is due in odd years. If the second to last number is even, the update is due in even You are required to use the MyTax Illinois system to register for years. The last number determines what month the update is due, and file tax returns under Illinois’ motor fuel use tax program i.e., 1 = January 2 = February 3 = March, etc. Also, any time a carrier (MyTax Illinois, n.d.). or other regulated entity changes its name or address or other details in their record, they should update their USDOT number and IFTA DECAL RENEWAL – MUST BE ORDERED BY operating authority record with FMCSA in a timely manner. DECEMBER 31 EVERY YEAR. For more information or to update online, visit For further information on IFTA, visit https://www.illinois.gov/rev/ https://www.fmcsa.dot.gov/registration/updating-your-registration. research/taxinformation/motorfuel/mfut/Pages/compliance.aspx. UNITED CARRIER REGISTRATION UPDATE – OPENS HEAVY HIGHWAY VEHICLE USE TAX (2290) – OCTOBER 1 AND IS DUE DECEMBER 31. DEADLINE AUGUST 31 If the operation is doing interstate commerce, they are required Anyone who has registered or is required to register a heavy to have a USDOT number and UCR. This registration opens on highway motor vehicle with a taxable gross weight of 55,000 October 1 and is due by December 31. pounds or more in their name at the time of first use on the public To Complete UCR, visit www.ucr.gov. highways during the reporting period (July 1 through June 30) must fill Form 2290 (IRS.gov, n.d.). INTERNATIONAL FUEL TAX AGREEMENT (IFTA) QUARTERLY REPORTING You should claim suspension from the tax when a vehicle is expected to be used 5,000 miles or less (7,500 miles or less for IFTA REPORTING SCHEDULE agricultural vehicles) during the period; however, you must still file. https://www.irs.gov/businesses/small-businesses-self- Quarter Due employed/trucking-tax-center for more information. Quarter 1 April 30 BASE, FARM, MILEAGE PLATES – EXPIRES JUNE 30 Quarter 2 July 31 ANNUALLY Quarter 3 October 31 Quarter 4 January 31 of the following year 20
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