[Congressional Record Volume 154, Number 117 (Wednesday, July 16, 2008)]
[Senate]
[Pages S6871-S6872]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INHOFE:
  S. 3271. A bill to amend the definition of commercial motor vehicle 
in section 31101 of title 49, United States Code, to exclude certain 
farm vehicles, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.
  Mr. INHOFE. Mr. President, today I introduce a bill that addresses a 
problem faced by a number of farmers in my State of Oklahoma and around 
the country when they drive their goods across State lines. Even though 
these farmers' trucks are within the weight limits set by their home 
States and the States to which they are traveling, they are triggering 
an arbitrary Federal weight regulation when they cross State lines in 
their farm vehicles. As a result, they are being ticketed and generally 
inconvenienced.
  This issue has caused quite a stir in Oklahoma, and many are 
proposing solutions to address the problem. For example, two of my 
Oklahoma colleagues in the House of Representatives introduced a bill 
last year that proposes one solution. The president of the Oklahoma 
Farm Bureau, Mike Spradling, discussed a number of options when he 
testified last week on this issue in front of the House Committee on 
Transportation and Infrastructure. I met today with Ray Wulf, president 
of the American Farmers and Ranchers Association, and his colleagues 
who also expressed ideas on how best to resolve this problem.
  Today, I am furthering the debate with a solution that is both 
common-sense and achievable.
  The Federal Motor Carrier Safety Administration defines a commercial 
motor vehicle, CMV, as a vehicle which has a gross vehicle weight 
rating or a gross combination weight rating of at least 10,001 pounds. 
However, States are allowed to exempt vehicles up to 26,001 pounds from 
the CMV determination if they are engaged solely in intrastate 
commerce. Farmers can cross State lines within 150 miles of their farms 
if the States have a reciprocity agreement. However, not all States 
have these agreements.
  Once a farmer drives his truck into a State with which his home State 
does not have a reciprocity agreement, the 10,001 pound definition for 
a commercial motor vehicle kicks in and the farmer is then responsible 
for all of requirements of an operator of a commercial motor carrier. 
This is the case even if the States from which and to which the farmer 
is traveling each have weight exemptions for farm vehicles.
  To illustrate this situation, consider the following example. An 
Oklahoma farmer lives ten miles from the Kansas border. He loads up his 
trailer with grain in order to transport his crop to the nearest grain 
elevator, which is across the State border in Kansas. Both Oklahoma and 
Kansas allow trucks to weigh up to 26,001 pounds for intrastate 
commerce. However, the States do not have a reciprocity agreement.
  This farmer's truck weighs 24,000 pounds. Therefore, as long as he 
complies with the laws concerning farm vehicles in the State of 
Oklahoma, he is able to drive within the State without meeting all of 
the requirements of a commercial motor carrier. Likewise, if he lived 
in Kansas, he would be able to drive within the State without meeting 
CMV requirements.
  Unfortunately, as soon as this farmer drives across the border from 
Oklahoma into Kansas--and becomes subject to the Federal laws for 
interstate commerce--his truck is considered a commercial motor vehicle 
because it weighs more than 10,001 pounds.
   When a truck is considered a commercial motor vehicle, the driver 
must comply with the Federal requirements of a professional truck 
driver. These requirements include possessing a commercial driver's 
license and medical examination certificate, having Department of 
Transportation markings on

[[Page S6872]]

the vehicle, documenting hours of service, and becoming subject to 
controlled substance and alcohol testing. While these requirements 
serve important purposes for long-haul truck drivers, they are 
unnecessary for farmers who carry these loads only a few times a year.
   After hearing from many farmers in Oklahoma who are frustrated by 
this seemingly illogical Federal regulation, today I am proposing 
legislation to make it so the Federal commercial motor vehicle 
definition of 10,001 pounds does not automatically apply when a farm 
vehicle crosses State lines. Instead, my bill states that the weight 
definition for a commercial motor vehicle for agricultural purposes is 
the weight as defined by the State in which the vehicle is being 
operated.
  Currently, 32 States define a commercial motor vehicle as weighing 
26,001 pounds or more. Under my bill, farmers will be able to drive 
between those States, like Oklahoma and Kansas, without triggering the 
Federal CMV definition of 10,001 pounds for interstate commerce and 
getting ticketed for a weight violation.
  The second section of my bill states that the Department of 
Transportation cannot withhold grant money from States that choose to 
raise their weight limits above 10,001 pounds up to 26,001 pounds. If 
my bill passes, States with lower weight definitions may desire to 
increase them. This section will erase the concern that they may lose 
grant funding from DOT.
  This bill is an effort to relieve American farmers from undue burdens 
and regulations when they transport their crops or livestock from one 
place to another. I look forward to working with my colleagues in the 
Senate and House to provide relief to farmers on this issue.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3271

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DEFINITION OF COMMERCIAL MOTOR VEHICLE.

       Section 31101(1)(A) of title 49, United States Code, is 
     amended to read as follows:
       ``(A)(i) except for vehicles described in clause (ii), has 
     a gross vehicle weight rating or gross vehicle weight of at 
     least 10,001 pounds; or
       ``(ii) is primarily engaged in the transportation of 
     agricultural commodities or farm supplies and has a gross 
     vehicle weight rating or gross vehicle weight of at least the 
     minimum weight of a commercial motor vehicle (as defined by 
     the State in which it is being operated);''.

     SEC. 2. PRESERVATION OF GRANTS FOR STATES THAT INCREASE THE 
                   MINIMUM WEIGHT FOR COMMERCIAL MOTOR VEHICLES.

       Section 31102 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(f) Preservation of Grants for States That Increase the 
     Minimum Weight for Commercial Motor Vehicles.--The Secretary 
     may not withhold grant funding from a State under this 
     section solely because the State authorizes drivers of 
     vehicles engaged in the transportation of agricultural 
     commodities or farm supplies that have a gross vehicle weight 
     of more than 10,000 pounds and less than 26,001 pounds, to 
     operate without complying with Federal regulations relating 
     to commercial motor vehicles.''.
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