# NC Farm Truck Tag



## AstroZomBEE (Aug 1, 2006)

I can 't speak for NC, but here's how it works in PA.

Owning land wasn't part of the requirement, proof of farming was. So i presented the DMV with a copy of my current schedule F, from my taxes. And yes you can get away with a lot within those 150 miles. You can leave that bubble, but most laws will start to kick in, i.e. CDL, log books, etc.

And most states will recognize farm plates, so you can go state to state, mostly. Each state must have a reciprocity clause for the issuing state. I actually quit using the farm tags on my more traveled states because there are 4 states that don't recognize PA farm tag, one of which was Florida.

I would do it. What are the chances of you getting pulled over and someone actually knowing the distance to your home base anyhow. And remember the distances are in air miles, not road miles.


Aaron Fisher


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## Specialkayme (Sep 4, 2005)

Aaron, thanks for the words of personal experience.



AstroZomBEE said:


> And yes you can get away with a lot within those 150 miles. You can leave that bubble, but most laws will start to kick in, i.e. CDL, log books, etc.


But, if I go outside the 150 miles, and I wasn't required to have a CDL anyway (because it was a pickup below 10,000 lbs), those "extra" laws wouldn't kick in automatically because I had a Farm Truck tag, would they?



AstroZomBEE said:


> What are the chances of you getting pulled over and someone actually knowing the distance to your home base anyhow. And remember the distances are in air miles, not road miles.


My only concern is saving a penny at the cost of losing a dollar. 

Taxes on F450's can be high. Taxes on Rangers typically aren't (maybe $150 a year, if that). Farm tag saves me 50% of that, so say $50 a year. Over the next 10 years, it certainly adds up. Plus the added exposure of having a "Farm Tag" with a smoker in the back (people in the city eat that stuff up when you go to meet someone to drop off a bulk honey sale). But if I have to go up to VA to buy some equipment from Dadant, or an overzealous police officer decides to give me a ticket because I don't have a CDL and their aren't any agricultural products in my bed, that one ticket (court costs, fines, added taxes for having the DMV reassess me, taking a day off work to deal with it all) could cost me more than I would have saved. 

So I'm just trying to make sure I'm operating correctly before I get the tag.


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## mathesonequip (Jul 9, 2012)

welcome to the world of truck traffic law. no 2 states are alike. no 2 DMV people will give you the same answer. no 2 police officers will give you the same answer even if they are in the same police car. no lawers know for sure. no judges know or understand the laws. the judge is always right. truckers deal with this 24/7. and the same is true of federal regulations.


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## JasonA (Aug 29, 2014)

I know several farmers who lease the majority of their land. I'd say if you can get the landowner to "lease" you 10 acres for a $1 that should satisfy the need. I personally know a farmer who raises beef cows and doesn't grow a single crop. Every truck he owns has a farm truck tag. He drives them all over, way outside the 150 miles, and not always on "farm" business.

I was driving a farm truck tagged pickup through a DWI check point about 2am one morning. I did not own the truck but one the guys in the truck did but he was in no shape to drive. The officer asked to see the registration. Long story short, we were on our way with no issues. He did bring up the fact the it was a farm truck tag and I was the only one is a seat belt (another exemption). 

I think it will all boil down to the officer you encounter, if you get stopped. 

Any chance you have some legal counsel friends that can shed some light on the subject?


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## Specialkayme (Sep 4, 2005)

JasonA said:


> Any chance you have some legal counsel friends that can shed some light on the subject?


Probably not my proudest moment, but I am an attorney. That's my "9-5 job."

I'll preface that by saying I'm not a criminal attorney, nor am I a municipal or state government attorney. I do federal bankruptcy. So while my reading of the statutes helps, prior history and experience play nothing into it.

Anyway, based on my training and experience, the two statutes don't read together. They are two different regulations. One has to do with a tax on a vehicle, another has to do with the requirements for a CDL license. If the weight is enough, both may apply. If the weight isn't enough, only one would apply. But, that's my reading of it.

I can't find any cases that apply either of those two statutes to anything relevant, or any opinions by the NC Atty Gen's office. But, I don't have access to Superior or District court files, which most of that stuff would probably fall under. 

I think the issue is so small, and the amount of money on the line is so little, I'm not likely to find an "opinion" on it. Without an opinion on it, I'm stuck to arguing with the DMV if they want to issue a farm tag or not, and arguing with the police officer that may or may not give me a ticket, and/or the DA that gets assigned my small ticket. The way these things usually go though, the police officer will use it as probable cause to pull you over, and if he's in a bad mood and gives you a ticket, the DA will say "yada yada yada pay the fine." Which offsets any savings in tax.

Just trying to figure out if it's worth it to potentially fight with the DMV and/or an officer in the future, or if everyone truly loves farmers and doesn't pay attention. I still think I'm doing everything right. The police officer may not though.


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## wildbranch2007 (Dec 3, 2008)

some states have farm tags and agricultural tags, in ny with a farm tag you are restricted as to the distance, with the agricultural tag you can go anywhere in the 50 states, does you state conform to the fed. regulations? there were a few threads in the commercial section on them, it get's even more confusing. but if they conform to the fed. regulations, then you may want to look at those for loopholes.


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## 67630 (Jul 17, 2008)

Dont forget about map21


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## Thedwall (Jul 9, 2016)

I just got an Arizona farm plate for my non-CDL (19000# gvw) truck. Federal law exempts this size vehicle from hours-of-service regulations for unlimited distance if it meets farm requirements including a farm plate. Arizona says the farm plate is valid 150 miles from the farm. I called California Highway Patrol to ask what would happen if i drove into central CA with an AZ farm plate. They said that I was exempt from hours-of-service rules but I would need a trip permit because the registration isn't valid beyond 150 miles. So two different issues again.


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## Specialkayme (Sep 4, 2005)

wildbranch2007 said:


> does you state conform to the fed. regulations?


Kinda. But not exactly.

Federal law states:
- You can operate a vehicle under 26,000 lbs anywhere in the country as long as you have a valid drivers license.
- Vehicles between 26,001 and 80,000 lbs that are operated by farmers with valid "special tag or distinction" are exempt from CDL requirements if moving within that same state, or within 150 miles of the farm if out of state.

The way I read the NC statute, it matches up with federal law, in that:
- If the vehicle is under 26,000 lbs, the "farm truck" tagged vehicle can operate anywhere in the state (and should be able to operate anywhere in the country, in theory).
- If the vehicle is over 26,000 lbs, the "farm truck" tagged vehicle can be classified as a qualified exemptible vehicle if operated for farm purposes, and exempt from CDL requirements if operated within 150 miles of the farm (the state doesn't allow you to go throughout the state, just 150 miles of the farm).

But it appears the DMV (and perhaps officers) are merging the two concepts into one, ignoring the weight restrictions and the CDL exemption and instead putting a generic geographic operational limit on all farm tags, when that's not what federal or state laws say.


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## wildbranch2007 (Dec 3, 2008)

this says NC conforms to map-21 didn't really read any further yet.

https://www.fhwa.dot.gov/planning/national_highway_system/nhs_maps/

not much available information, I would check with your farm bureau, they should know the information.

your farm bureau hasn't updated there stuff since 2012.

http://www.ncfb.org/Policy/Transportation

gives you a manual and at the end references some of the changes for map-21 GOOD LUCK


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## suttonbeeman (Aug 22, 2003)

Ask 10 DOT officers and get 12 differant answers. I run farm tags on my semi Ky to Fl. No problems. Log book not required if your involved in seasonal movement of bees.


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## Specialkayme (Sep 4, 2005)

I had already found the NC Farm Bureau's "Haulin' Ag" Second Edition, but thanks for the link to the third edition.

Their explanation and outline is consistent with the statutes and my understanding of the law. It just appears the NCDMV officials (and the Ag Extension agent who just quoted the DMV official) are the ones that are mistaken. 

Maybe I should just keep calling the DMV until I get the answer I like  From there, hope I don't get pulled over if I'm driving with farm tags in a different state.


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## wildbranch2007 (Dec 3, 2008)

Specialkayme said:


> I had already found the NC Farm Bureau's "Haulin' Ag" Second Edition, but thanks for the link to the third edition.
> 
> Their explanation and outline is consistent with the statutes and my understanding of the law. It just appears the NCDMV officials (and the Ag Extension agent who just quoted the DMV official) are the ones that are mistaken.
> 
> Maybe I should just keep calling the DMV until I get the answer I like  From there, hope I don't get pulled over if I'm driving with farm tags in a different state.


to the best of my knowledge, once you are in another state, you are now under the federal rules, but don't use me as a reference to the cop. I have a copy of the federal map-21 stuff in my truck, with yellow highlights on the good parts that would help. I also checked the rules in the other states I drive in. If you ever find out how the rules are different between planting season, and non planting season, please post them, I have the planting seasons for each state in the truck also

need a bigger glove box.


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## msl (Sep 6, 2016)

Specialkayme said:


> Federal law states:
> - You can operate a vehicle under 26,000 lbs anywhere in the country as long as you have a valid drivers license.
> .


yes but if your over 10,000lbs and "in commerce" aka sell one jar of honey it is a commercial motor vehicle (CMV) and needs a DOT# if you cross state lines, and 30ish of the states required the number even if you stay in state

as an example my Toyota Tundra is 6,000GVW so I made sure all my trailers were below 4k GVW so I don't become a CMV. It took some looking as as even a basic 5x8 can be 5000 GVWR 
This is why you often see #s on land scaping/ lawnmower trucks as the pick up + trailer execeds 10k GVW.. it doesn't matter how much weight your carrying, its what the combo is rated to carry

On top of this to drive a CMV, you may not need the CDL, but you still need the DOT physical ! and a whole bunch of "company" paper work, proof of training, driver testing, vehicle records and maintenance, per trip inspections, and a bunch of other red tap etc 
This is why the farm tag is useful to many small farmers..


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## Specialkayme (Sep 4, 2005)

msl said:


> yes but if your over 10,000lbs and "in commerce" aka sell one jar of honey it is a commercial motor vehicle (CMV) and needs a DOT# if you cross state lines


I wasn't aware of this. Good to know.

Personally though I don't really think it applies to me. I drive a Ranger with a curb weight of ~3,500 lbs. I've got a towing capacity of ~3,000 lbs. I'd probably blow an engine if I went even close to 10,000 lbs.

Doesn't mean the next truck won't be more, of course.



msl said:


> On top of this to drive a CMV, you may not need the CDL, but you still need the DOT physical ! and a whole bunch of "company" paper work, proof of training, driver testing, vehicle records and maintenance, per trip inspections, and a bunch of other red tap etc
> This is why the farm tag is useful to many small farmers..


I may be missing something, but how is a farm tag more useful? Seems to me getting a farm tag makes you exempt from CDL requirements, which is big. But it also looks like once you get a farm tag the DMV considers it a CMV, regardless of weight (even though I don't think the laws make it so, just my interpretation on how the DMV is reacting). If that's the case, if I didn't have a farm tag, I wouldn't have to worry about any requirements (CDL, DOT#, training, records, inspections, bla bla bla) as I'm just a guy in a pickup truck. Once I slap a farm tag on it, it becomes a CMV and requires me to comply with a whole bunch of other criteria, with the exception of needing a CDL.

If I was talking about an F450 it would be totally different, with a curb weight of 8,500 lbs and a towing capacity of 20,000 lbs. But little old me in a Ranger, seems like getting a farm tag forces the minnow to swim with the sharks.

Unless I'm missing something, which is very possible. . .


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## msl (Sep 6, 2016)

> Once I slap a farm tag on it, it becomes a CMV and requires me to comply with a whole bunch of other criteria, with the exception of needing a CDL.


no the point of the tag is to EXEMPT you from all the red tape, it ie if its a CFV its exmepted from many CMV requiremnts 
https://www.law.cornell.edu/cfr/text/49/390.39

I don't think the intent here is for a little ford ranger its for 10k to 26k farm trucks/trailer combos

But remember the right model f150 with even a $300 light weight harbor freight 4x8 trailer can be over 10K GVWR, its not how much weight you put on the trailer, or how much the truck can pull, its the combined GVWR
in that case the tag could be very useful to the small operator


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## wildbranch2007 (Dec 3, 2008)

Specialkayme said:


> I wasn't aware of this. Good to know.
> 
> Personally though I don't really think it applies to me. I drive a Ranger with a curb weight of ~3,500 lbs. I've got a towing capacity of ~3,000 lbs. I'd probably blow an engine if I went even close to 10,000 lbs.
> 
> ...


you are correct, the only reason I got the farm plates was because my F250 plus the trailer, puts me well over the 10,000lbs weight.


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## heaflaw (Feb 26, 2007)

Specialkayme said:


> If that's the case, if I didn't have a farm tag, I wouldn't have to worry about any requirements (CDL, DOT#, training, records, inspections, bla bla bla) as I'm just a guy in a pickup truck. Once I slap a farm tag on it, it becomes a CMV and requires me to comply with a whole bunch of other criteria, with the exception of needing a CDL.
> 
> .


I and other part time NC farmers that I know have a truck tagged as a farm truck. I've had it for a long time but the only criteria I remember for obtaining it is my stating that it would be used primarily as a farm truck. I've never heard anyone even mention training, records, inspections, etc. Agriculture is the #1 industry in NC. Law enforcement and DMV has always seemed very accommodating to us.


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## BadBeeKeeper (Jan 24, 2015)

Specialkayme said:


> ...the "farm truck" tagged vehicle can be classified as a qualified exemptible vehicle if operated for farm purposes, and exempt from CDL requirements if operated within 150 miles of the farm (the state doesn't allow you to go throughout the state, just 150 miles of the farm).


Note that the distance is 150 AIR miles, not driving distance, radius around your 'farm'.

MSL is on the right track in noting that the MAP-21 rule is intended to -increase- the exemptions for 'Covered Farm Vehicles'.

Here is a link to the Federal Register rule:

https://www.fmcsa.dot.gov/sites/fmc...tation_of_Agricultural_Commodities_508CLN.pdf

I have not read the whole thing yet, but I've read a bunch of other stuff on it.

Here is a link to the FMCSA definition of 'covered farm vehicle':

https://www.fmcsa.dot.gov/faq/what-“covered-farm-vehicle”-cfv


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## mathesonequip (Jul 9, 2012)

having just spent the morning getting a new DOT medical certificate, i will restate the fact that no one really knows all of this. the further you dig the more you have to dig deeper. for those watching this remember there are no 2 states alike. this afternoon i am doing a truck refrigeration job for a local trucking firm which runs by the book. the retired owner is the longest serving justice of the peace in ny state , i think 42 years as judge when he retired. the son who is a partner has a sister in-law who is the county sheriff. in the past i have asked questions and i have been told, "not sure but check into this or that" or "i never heard of that one before".. no body knows for sure.... i got a red light ticket last fall from a city 150 miles away that i had not been in, in 15 years. no one wants a red light ticket on a clean CDL. after many many calls to call centers in wyoming and new mexico, i tried to schedule a court hearing in rochester ny. to go to court was suggested by with the help from the local state senator's office, they said they could help anywhere except new york city and rochester, this was new to them, they dug in and it took them awhile to know this. soon after that i got a message from a contractor in india, who could not speak enough english to work for a criminal call center telling me "ticket fixed" i listened to the message a few times on the answering machine??? the next day the call center in new mexico called. i never heard again from the city of rochester ny. if it is not staightned out i could get arrested at a road block, as far as i know there is no way to tell ahead of time. if they [whoever] messed this up, it will cost at least about $100 fee to repair this plus maybe time in hand-cuffs, right or wrong makes no difference. this particular set of rules applies only to rochester ny and the 5 buroughs of center ny city {about 300+ miles seperated}. all the rest of ny uses a different NYDOT computer program. good luck trying to get a definite answer to your question, sometimes stuff is different within the same state.:scratch:


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## Specialkayme (Sep 4, 2005)

msl said:


> I don't think the intent here is for a little ford ranger its for 10k to 26k farm trucks/trailer combos


I disagree. The purpose of the exemptions from CDL requirements isn't for a little ford ranger. But I'm not talking about the exemptions from a CDL.

In North Carolina you pay property taxes on vehicles. When I lived in PA and NJ that concept was unheard of, but in NC you pay a possession tax on vehicles you own, based on it's tax value. It doesn't matter how much it weighs, how much you drive it, or what type of vehicle it is. It's all based on tax value, much like real property taxes. A long time ago, NC decided to give a vehicle tax break to farmers. So if you got a farm truck tag you paid 50% of the property taxes on the vehicle, rather than 100%. The statute that governs farm tags only talks about taxes. That's it. It has nothing to do with CDL, weight, or anything like that. It's just about a tax break.

Because NC then had a farm tag, when the issues came up regarding CDL requirements and having a "designated farm vehicle" it was fairly easy for NC to just call the farm tag a "designated farm vehicle." But the two concepts are the same.

The purpose of issuing the farm tag is to reduce your tax burden, not to exempt you from red tape. Once you have the farm tag, if you then choose to use it to reduce red tape, you can. 

Other states will likely be very different, but that's what NC statutes say.



heaflaw said:


> Agriculture is the #1 industry in NC. Law enforcement and DMV has always seemed very accommodating to us.


NC is very accommodating to true farmers, and very skeptical of people who claim to be farmers. Having a mailing address of Greensboro (third largest city in NC) doesn't bode well for me. If my mailing address was the next town over (Julian) and about 3 miles away from where I live, no one would question it.


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