Covered farm vehicle

Effective July 11, 2016 Federal regulations and New York State law are amended to change the term ”farm vehicle” to “covered farm vehicle”, to define covered farm vehicles, and to include a new “Covered Farm Vehicle designation” requirement.     

Under the new law, a covered farm vehicle is defined as a vehicle or combination of vehicles registered in this state which must:

  • have a covered farm vehicle designation (Designation as a New York State Covered Farm Vehicle (form CFV-1))
  • be operated by the owner or operator of a farm or ranch, or an employee or family member of an owner or operator of a farm or ranch
  • be used to transport agricultural commodities, livestock, machinery or supplies to or from a farm or ranch
  • not be used for for-hire motor carrier operations, exclusive of operation by a tenant pursuant to a crop share agreement to transport the landlord’s crop
  • not be used to transport hazardous materials.

 

Where can a covered farm vehicle be operated?

  1. A single or combination covered farm vehicle weighing over 26,000 pounds may only be operated in New York State and within 150 air miles of your  farm or ranch.

  2. A covered farm vehicle weighing 26,000 pounds or less may be operated anywhere within New York State and in any other state as long as the state honors the Covered Farm Vehicle designation.

Please note: If your vehicle displays a “FARM” plate, it may only be operated within 25 miles of the farm.

 

What effect does this have on license holders operating vehicles over 26,000 lbs. with an F or G endorsement?

If you currently have an F or G endorsement, or are applying for one, effective July 11, 2016, you must have a Designation as a New York State Covered Farm Vehicle form (CFV-1).  The CFV-1 serves as proof that you have the Covered Farm Vehicle designation and are exempt from needing a CDL to operate a covered farm vehicle.  You must keep a copy of form CFV-1 in each covered farm vehicle that you operate, as it indicates to law enforcement personnel that you are exempt from CDL requirements and the above-mentioned federal regulations.  This vehicle may only be operated in New York State and within 150 air miles of your ranch or farm.

 

What effect does this have on license holders operating covered farm vehicles weighing 26,000 lbs. or less?

Effective July 11, 2016, you must have a Designation as a New York State Covered Farm Vehicle form (CFV-1).  The CFV-1 serves as proof that you have the Covered Farm Vehicle designation and are exempt from needing a CDL to operate a covered farm vehicle.  You must keep a copy of form CFV-1 in each covered farm vehicle that you operate, as it indicates to law enforcement personnel that you are exempt from CDL requirements and the above-mentioned federal regulations. This vehicle may be operated anywhere in United States, as long as the state honors the covered farm vehicle designation.

 

What are the benefits of having a CFV-1?

The Covered Farm Vehicle designation means that you are exempt from needing a commercial driver license (CDL) to operate a covered farm vehicle.  It also means that you are exempt from federal regulations related to:

  • Hours of Service
  • Medical certification
  • Drug testing
  • Inspection, repair and maintenance requirements (State requirements still apply)

You may download copies of the CFV-1 from the DMV website at Designation as a New York State Covered Farm Vehicle (CFV-1), or obtain them at your local DMV Office.

 

What effect does this have on current license holders with the Z endorsement?

On July 11, 2016 the “Z” endorsement will be removed from your license record.

If you no longer transport farm hazardous materials and wish to obtain a new license document without the “Z” endorsement, you may apply for a replacement license after July 11, 2016.  You may replace your license or permit online or at a DMV office.

If you wish to continue to transport farm hazardous materials on or after July 11, 2016, you must first obtain a commercial driver’s license (CDL), and undergo a criminal history check, as required by section 501 (6) of the NYS Vehicle and Traffic Law and section 383 of the Federal regulations.

 

To obtain a CDL with an H endorsement, you must:

  • Apply for a CDL at a DMV issuing office. 

  • Take the appropriate written tests, and depending on which vehicle class you are applying for (CDL A, B or C), or any prior testing you may have undergone, you may be required to obtain a commercial learner permit (CLP) and take and pass a skills test in a representative vehicle.  You may also be required to pass a written test for the “H” hazardous materials endorsement.

  • Certify to the type of commercial driving you currently perform (or expect to perform) Note: Because you are applying for a Hazardous Materials Endorsement, you must certify to either NI or NA and have a valid Medical Examiner's Certificate. For additional information, see CDL medical certification requirements.

  • Provide proof of U.S. citizenship or lawful permanent residency in the United States. For a list of acceptable proofs. see Proofs of Identity, U.S. Legal Presence and NYS Residency (ID-44CDL).

  • Provide proof of residency. For a list of acceptable proofs, see Proofs of Identity, U.S. Legal Presence and NYS Residency (ID-44CDL).  Note: Your New York State driver license may meet this requirement.

Once your CDL is issued, you may apply for the Hazardous Materials Endorsement:

HazMat Unit
NYS DMV
6 Empire State Plaza
Albany, NY 12228

  • Contact MorphoTrust Enrollment Solutions to schedule fingerprinting. Fingerprinting is done by appointment only. You may contact MorphoTrust to select a fingerprinting location, schedule an appointment, and get information about the required fee at www.identogo.com or by calling 1-877-472-6915. The fees are $148.50 for the background checks and a fee for MorphoTrust to perform the fingerprint service.

  • Complete Request for NYS Fingerprinting Services – Information Form (HAZ-600), and bring it to your appointment along with your NYS CDL and one of the second proofs of ID that are listed on form HAZ-600. If you did not pay the fees when you scheduled your appointment, you must pay the fees at the time you are fingerprinted.

 

What do I do if I am not sure what tests are required?

Contact the DMV at (518) 402-2747 between the hours of 8 am and 4 pm. Designated staff are assigned to assist you.

 

What does the new law say?

Section 1. Subparagraph (vi) of paragraph  (b)  of  subdivision  2  of section 501 of the vehicle and traffic law is REPEALED.

§  2.  Subparagraph  (i)  of paragraph (b) of subdivision 4 of section 501-a of the vehicle and traffic law, as amended by chapter  36  of  the laws of 2009, is amended to read as follows:

(i)  a personal use vehicle or a covered farm vehicle or a combination of such vehicles;

§ 3. Subdivision 7 of section 501-a of the vehicle and traffic law  is REPEALED,  subdivision 8 is renumbered subdivision 7, and a new subdivision 8 is added to read as follows:

8. Covered farm vehicle. (a) A  vehicle  or  combination  of  vehicles registered  in  this  state,  which  (i) displays a covered farm vehicle designation issued by the commissioner, (ii) is operated by the owner or operator of a farm or ranch, or an employee or family member of an owner or operator of a farm or ranch, (iii) is used to transport  agricultural commodities,  livestock,  machinery  or  supplies  to  or from a farm or ranch, (iv) is not used in for-hire motor carrier operations,  exclusive of  operation  by a tenant pursuant to a crop share farm lease agreement to transport the landlord's portion of the crops under  that  agreement; and (v) is not used for the transportation of hazardous materials.

(b)  A covered farm vehicle with a gross vehicle weight or gross vehicle weight rating, whichever is greater, of more than  twenty-six  thousand  pounds  may only be operated within one hundred fifty air miles of the farm or ranch.

(c) The commissioner shall, by regulation, designate an endorsement or endorsements for the operation of covered farm  vehicles  with  a  gross vehicle  weight  or  gross vehicle weight rating of more than twenty-six thousand pounds. Such endorsement or endorsements shall be  required  to operate such a covered farm vehicle or combination of covered farm vehicles.  The  identification and scope of such endorsement or endorsements shall, at a minimum, include a distinction between the  operation  of  a covered  farm  vehicle  having  a  gross vehicle weight or gross vehicle weight rating of more than twenty-six thousand pounds and the  operation of  a combination of covered farm vehicles having a gross vehicle weight or gross vehicle weight rating of more than twenty-six thousand pounds.

(d) For the purposes of this subdivision, the gross vehicle weight  of a vehicle shall mean the actual weight of the vehicle and the load.

§  5.  This  act shall take effect on the ninetieth day after it shall have become a law.