Bill Text: FL S1046 | 2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Farm Vehicles

Spectrum: Bipartisan Bill

Status: (Passed) 2016-03-25 - Chapter No. 2016-115 [S1046 Detail]

Download: Florida-2016-S1046-Introduced.html

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       Florida Senate - 2016                                    SB 1046
       
       
        
       By Senator Hutson
       
       
       
       
       
       6-01245-16                                            20161046__
    1                        A bill to be entitled                      
    2         An act relating to farm vehicles; amending s. 316.003,
    3         F.S.; defining the term “covered farm vehicle” for
    4         purposes of the Florida Uniform Traffic Control Law;
    5         amending s. 316.302, F.S.; revising requirements for a
    6         person who operates a commercial motor vehicle solely
    7         in intrastate commerce while transporting agricultural
    8         products; providing exemptions for covered farm
    9         vehicles from specified federal regulations relating
   10         to controlled substances and alcohol use and testing,
   11         commercial driver licenses, physical qualifications
   12         and examinations, hours of service of drivers, and
   13         inspection, repair, and maintenance; providing for
   14         application of such exemptions to out-of-state farm
   15         vehicles under certain circumstances; providing
   16         applicability; amending s. 322.53, F.S.; exempting the
   17         driver of a covered farm vehicle from commercial
   18         driver license requirements; providing an effective
   19         date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (94) is added to section 316.003,
   24  Florida Statutes, to read:
   25         316.003 Definitions.—The following words and phrases, when
   26  used in this chapter, shall have the meanings respectively
   27  ascribed to them in this section, except where the context
   28  otherwise requires:
   29         (94) COVERED FARM VEHICLE.—A straight truck or articulated
   30  vehicle that is:
   31         (a) Registered in a state with a license plate or other
   32  designation issued by that state that allows law enforcement
   33  officers to identify it as a farm vehicle.
   34         (b) Operated by the owner or operator of a farm or ranch or
   35  by an employee or family member of an owner or operator of a
   36  farm or ranch.
   37         (c) Used to transport agricultural commodities, livestock,
   38  machinery, or supplies to or from a farm or ranch.
   39         (d) Not used in for-hire motor carrier operations; however,
   40  for-hire motor carrier operations do not include the operation
   41  of a vehicle meeting the requirements of paragraphs (a)-(c) by a
   42  tenant pursuant to a crop share farm lease agreement to
   43  transport the landlord’s portion of the crops under that
   44  agreement.
   45         Section 2. Paragraph (e) of subsection (2) of section
   46  316.302, Florida Statutes, is amended, and paragraph (l) is
   47  added to that subsection, to read:
   48         316.302 Commercial motor vehicles; safety regulations;
   49  transporters and shippers of hazardous materials; enforcement.—
   50         (2)
   51         (e) A person who operates a commercial motor vehicle solely
   52  in intrastate commerce is exempt from subsection (1) while
   53  transporting agricultural products, including horticultural or
   54  forestry products, from farm or harvest place to the first place
   55  of processing or storage, or from farm or harvest place directly
   56  to market. However, such person must comply with 49 C.F.R. parts
   57  382, 392, and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
   58  A vehicle or combination of vehicles operated pursuant to this
   59  paragraph having a gross vehicle weight of 26,001 pounds or more
   60  or having three or more axles on the power unit, regardless of
   61  weight, must display the name of the vehicle owner or motor
   62  carrier and the municipality or town where the vehicle is based
   63  on each side of the power unit in letters that contrast with the
   64  background and that are readable from a distance of 50 feet. A
   65  person who violates this vehicle identification requirement may
   66  be assessed a penalty as provided in s. 316.3025(3)(a).
   67         (l)1. A covered farm vehicle, as defined in s. 316.003, and
   68  the operator of such vehicle are exempt from requirements
   69  relating to controlled substances and alcohol use and testing in
   70  49 C.F.R. part 382; commercial driver licenses in 49 C.F.R. part
   71  383; physical qualifications and examinations in 49 C.F.R. part
   72  391, subpart E; hours of service of drivers in 49 C.F.R. part
   73  395; and inspection, repair, and maintenance in 49 C.F.R. part
   74  396.
   75         2. The exemptions under subparagraph 1. apply to a covered
   76  farm vehicle registered with a license plate or other
   77  designation issued by another state and to the operator of such
   78  vehicle if:
   79         a. The vehicle has a gross vehicle weight of 26,001 pounds
   80  or less; or
   81         b. If the vehicle has a gross vehicle weight of more than
   82  26,001 pounds, the vehicle is being operated within 150 air
   83  miles of the farm or ranch with respect to which the vehicle is
   84  being operated.
   85         3. The exemptions in this paragraph do not apply to a
   86  vehicle transporting hazardous materials in an amount that
   87  requires a placard.
   88         Section 3. Paragraph (c) of subsection (2) of section
   89  322.53, Florida Statutes, is amended to read:
   90         322.53 License required; exemptions.—
   91         (2) The following persons are exempt from the requirement
   92  to obtain a commercial driver license:
   93         (c)1. Farmers transporting agricultural products, farm
   94  supplies, or farm machinery to or from their farms and within
   95  150 miles of their farms, if the vehicle operated under this
   96  exemption is not used in the operations of a common or contract
   97  motor carrier.
   98         2. The driver of a covered farm vehicle as defined in s.
   99  316.003.
  100         Section 4. This act shall take effect upon becoming a law.