S.Amdt. 1814Senate112th Congress (2011-2013)

To provide exemptions from requirements for certain farm vehicles.

What it does: Adds SEC. __. EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN FARM VEHICLES at the end of subtitle E of title I of division A
Submitted March 7, 2012

What it changes

1 change to S. 1813

Adds a section
  1. Adds SEC. __. EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN FARM VEHICLES at the end of subtitle E of title I of division A

    Adds a section

    Inserted: SEC. __. EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN FARM VEHICLES.

    Inserted: (a) Federal Requirements.--A covered farm vehicle, including the individual operating that vehicle, shall be exempt from the following:

    Inserted: (1) Any requirement relating to commercial driver's licenses established under chapter 313 of title 49, United States Code.

    Inserted: (2) Any requirement relating to medical certificates established under--

    Inserted: (A) subchapter III of chapter 311 of title 49, United States Code; or

    Inserted: (B) chapter 313 of title 49, United States Code.

    Inserted: (3) Any requirement relating to hours of service established under--

    Inserted: (A) subchapter III of chapter 311 of title 49, United States Code; or

    Inserted: (B) chapter 315 of title 49, United States Code.

    Inserted: (4) Any requirement relating to vehicle inspection, repair, and maintenance established under--

    Inserted: (A) subchapter III of chapter 311 of title 49, United States Code; or

    Inserted: (B) chapter 315 of title 49, United States Code.

    Show 38 more inserted paragraphs

    Inserted: (b) State Requirements.--

    Inserted: (1) In general.--Federal transportation funding to a State may not be terminated, limited, or otherwise interfered with as a result of the State exempting a covered farm vehicle, including the individual operating that vehicle, from any State requirement relating to the operation of that vehicle.

    Inserted: (2) Exception.--Paragraph (1) does not apply with respect to a covered farm vehicle transporting hazardous materials that require a placard.

    Inserted: (3) State requirements.--Notwithstanding section (a) or any other provision of law, a State may enact and enforce safety requirements related to covered farm vehicles.

    Inserted: (c) Covered Farm Vehicle Defined.--

    Inserted: (1) In general.--In this section, the term "covered farm vehicle" means a motor vehicle (including an articulated motor vehicle)--

    Inserted: (A) that--

    Inserted: (i) is traveling in the State in which the vehicle is registered or another State;

    Inserted: (ii) is operated by--

    Inserted: (I) a farm owner or operator;

    Inserted: (II) a ranch owner or operator; or

    Inserted: (III) an employee or family member of an individual specified in subclause (I) or (II);

    Inserted: (iii) is transporting to or from a farm or ranch--

    Inserted: (I) agricultural commodities;

    Inserted: (II) livestock; or

    Inserted: (III) machinery or supplies;

    Inserted: (iv) except as provided in paragraph (2), is not used in the operations of a for-hire motor carrier; and

    Inserted: (v) is equipped with a special license plate or other designation by the State in which the vehicle is registered to allow for identification of the vehicle as a farm vehicle by law enforcement personnel; and

    Inserted: (B) that has a gross vehicle weight rating or gross vehicle weight, whichever is greater, that is--

    Inserted: (i) 26,001 pounds or less; or

    Inserted: (ii) greater than 26,001 pounds and traveling within the State or within 150 air miles of the farm or ranch with respect to which the vehicle is being operated.

    Inserted: (2) Inclusion.--In this section, the term "covered farm vehicle" includes a motor vehicle that meets the requirements of paragraph (1) (other than paragraph (1)(A)(iv)) and is--

    Inserted: (A) operated pursuant to a crop share farm lease agreement;

    Inserted: (B) owned by a tenant with respect to that agreement; and

    Inserted: (C) transporting the landlord's portion of the crops under that agreement.

    Inserted: (d) Safety Study.--The Secretary shall conduct a study of the exemption required by section (a) as follows--

    Inserted: (1) Data and analysis of covered farm vehicles shall include:

    Inserted: (A) the number of vehicles that are operated subject to each of the regulatory exemptions permitted under section (a);

    Inserted: (B) the number of drivers that operate covered farm vehicles subject to each of the regulatory exemptions permitted under section (a);

    Inserted: (C) the number of crashes involving covered farm vehicles;

    Inserted: (D) the number of occupants and non-occupants injured in crashes involving covered farm vehicles;

    Inserted: (E) the number of fatalities of occupants and non-occupants killed in crashes involving farm vehicles;

    Inserted: (F) crash investigations and accident reconstruction investigations of all fatalities in crashes involving covered farm vehicles;

    Inserted: (G) overall operating mileage of covered farm vehicles;

    Inserted: (H) numbers of covered farm vehicles that operate in neighboring states; and

    Inserted: (I) any other data the Secretary deems necessary to analyze and include.

    Inserted: (2) A listing of state regulations issued and maintained in each state that are identical to the federal regulations that are subject to exemption in section (a).

    Inserted: (3) The Secretary shall report the findings of the study to the appropriate committees of the Congress not later than 18 months after enactment of MAP 21.

    Original wording

    At the end of subtitle E of title I of division A, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

At the end of subtitle E of title I of division A, add the following:

SEC. __. EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN FARM VEHICLES.

(a) Federal Requirements.--A covered farm vehicle, including the individual operating that vehicle, shall be exempt from the following:

(1) Any requirement relating to commercial driver's licenses established under chapter 313 of title 49, United States Code.

(2) Any requirement relating to medical certificates established under--

(A) subchapter III of chapter 311 of title 49, United States Code; or

(B) chapter 313 of title 49, United States Code.

(3) Any requirement relating to hours of service established under--

(A) subchapter III of chapter 311 of title 49, United States Code; or

(B) chapter 315 of title 49, United States Code.

(4) Any requirement relating to vehicle inspection, repair, and maintenance established under--

(A) subchapter III of chapter 311 of title 49, United States Code; or

(B) chapter 315 of title 49, United States Code.

(b) State Requirements.--

(1) In general.--Federal transportation funding to a State may not be terminated, limited, or otherwise interfered with as a result of the State exempting a covered farm vehicle, including the individual operating that vehicle, from any State requirement relating to the operation of that vehicle.

(2) Exception.--Paragraph (1) does not apply with respect to a covered farm vehicle transporting hazardous materials that require a placard.

(3) State requirements.--Notwithstanding section (a) or any other provision of law, a State may enact and enforce safety requirements related to covered farm vehicles.

(c) Covered Farm Vehicle Defined.--

(1) In general.--In this section, the term “covered farm vehicle” means a motor vehicle (including an articulated motor vehicle)--

(A) that--

(i) is traveling in the State in which the vehicle is registered or another State;

(ii) is operated by--

(I) a farm owner or operator;

(II) a ranch owner or operator; or

(III) an employee or family member of an individual specified in subclause (I) or (II);

(iii) is transporting to or from a farm or ranch--

(I) agricultural commodities;

(II) livestock; or

(III) machinery or supplies;

(iv) except as provided in paragraph (2), is not used in the operations of a for-hire motor carrier; and

(v) is equipped with a special license plate or other designation by the State in which the vehicle is registered to allow for identification of the vehicle as a farm vehicle by law enforcement personnel; and

(B) that has a gross vehicle weight rating or gross vehicle weight, whichever is greater, that is--

(i) 26,001 pounds or less; or

(ii) greater than 26,001 pounds and traveling within the State or within 150 air miles of the farm or ranch with respect to which the vehicle is being operated.

(2) Inclusion.--In this section, the term “covered farm vehicle” includes a motor vehicle that meets the requirements of paragraph (1) (other than paragraph (1)(A)(iv)) and is--

(A) operated pursuant to a crop share farm lease agreement;

(B) owned by a tenant with respect to that agreement; and

(C) transporting the landlord's portion of the crops under that agreement.

(d) Safety Study.--The Secretary shall conduct a study of the exemption required by section (a) as follows--

(1) Data and analysis of covered farm vehicles shall include:

(A) the number of vehicles that are operated subject to each of the regulatory exemptions permitted under section (a);

(B) the number of drivers that operate covered farm vehicles subject to each of the regulatory exemptions permitted under section (a);

(C) the number of crashes involving covered farm vehicles;

(D) the number of occupants and non-occupants injured in crashes involving covered farm vehicles;

(E) the number of fatalities of occupants and non-occupants killed in crashes involving farm vehicles;

(F) crash investigations and accident reconstruction investigations of all fatalities in crashes involving covered farm vehicles;

(G) overall operating mileage of covered farm vehicles;

(H) numbers of covered farm vehicles that operate in neighboring states; and

(I) any other data the Secretary deems necessary to analyze and include.

(2) A listing of state regulations issued and maintained in each state that are identical to the federal regulations that are subject to exemption in section (a).

(3) The Secretary shall report the findings of the study to the appropriate committees of the Congress not later than 18 months after enactment of MAP 21.

Legislative Activity

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Senate amendment agreed to: Amendment SA 1814 as modified agreed to in Senate by Voice Vote.(text as modified: CR S1602-1603)

March 13, 2012

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Floor

Senate amendment agreed to: Amendment SA 1814 as modified agreed to in Senate by Voice Vote.(text as modified: CR S1602-1603)

March 13, 2012

Floor

Senate amendment proposed (on the floor): Amendment SA 1814 proposed by Senator Merkley.(consideration: CR S1602-1603)

March 13, 2012

Floor

Amendment SA 1814 proposed by Senator Merkley. (consideration: CR S1602-1603) To provide exemptions from requirements for certain farm vehicles.

March 13, 2012

Floor

Amendment SA 1814 as modified agreed to in Senate by Voice Vote. (text as modified: CR S1602-1603)

March 13, 2012

Floor

Senate amendment submitted

March 7, 2012