WHEREAS the Transportation Act of 1995 redefined a commercial motor vehicle (CMV) as being from 10,001 lbs. to 26,001 lbs. gross vehicle weight and this has the effect of placing anyone that uses a dually-pickup or pickup and trailer for commercial purposes under the full requirements that owners of semi-trucks have had to comply with in the past, including exterior signage as a CMV, hours of service requirements, and Commercial Driver License requirements; and
WHEREAS, in the Act, Congress gave specific exemptions to certain entities one of which was Agricultural operations and to the States to define that exemption, however, the US Department of Transportation (USDOT) has by interpretation negated Congress’s exemption and the State of Colorado has not fully applied these exemptions nor established reciprocity agreements with neighboring states to recognize these exemptions; and
WHEREAS all CMV users must maintain extensive records to comply with these requirements (and are subject to audit and fines for non-compliance) and this poses a tremendous burden on small businesses and does nothing to advance safety; and
WHEREAS all recreational vehicles and pleasure horse vehicles — no matter how big — are exempt from these regulations and inequities such as this are creating an unintended incentive for small businesses to purchase smaller and less-safe vehicles to avoid the 10,001 lb. threshold and thereby escape the cumbersome and inequitable regulations.
NOW, THEREFORE, BE IT RESOLVED that Club 20 supports re-establishing the weight threshold for Commercial Motor Vehicles from the current threshold of 10001 lbs. to the previous threshold of 26,001 lbs. and supports an exemption of all business users from current requirements of CMVs and a broader definition of exempt “agriculture operations,” including transportation related to the timber industry; and
BE IT FURTHER RESOLVED that Club 20 supports full exemption status for agriculture vehicles as Congress contemplated, and requests the necessary state and federal law or regulatory changes to be enacted to:
- exempt farm vehicles from CMV marking requirements, hours of service rules, and definitions of CMV, and
- Waive CDL requirements for farm drivers, and
- Eliminate the 100/150 mile radius rule limitation for farm operations, and
- Define agricultural operations more broadly for purposes of exemption from the CMV requirements, and
- Establish reciprocity agreements with neighboring states to recognize agricultural vehicles and drivers.