SENATE CONCURRENT RESOLUTION NO. 65

(By Senators Facemyer, Bailey and Unger)


Urging the United States Congress pass H. R. 3098 to restore and update farm vehicle exemptions to the Federal Motor Carrier Safety Regulations administered by the U. S. Department of Transportation.

Whereas, Farmers hauling their own products in their own vehicles, many in close proximity to their own property and only on a seasonal basis, should not be forced to comply with unnecessarily and often burdensome federal regulation; and
Whereas, Many states find that exemptions written for farm trucks twenty years ago are no longer adequate for farmers to haul their own products to market free of unnecessarily burdensome federal regulation; and
Whereas, The enforcement of the Federal Motor Carrier Safety Regulations varies across the country, and changing the Federal Motor Carrier Safety Regulations definition of a commercial motor vehicle from 10,001 pounds to 26,001 pounds, provides much needed uniformity between the states; and
Whereas, A national threshold of 26,001 pounds would resolve an onerous burden that arises when a farmer crosses the border from one state to another; and
Whereas, Under current regulation, crossing state lines changes the classification from interstate carrier to interstate carrier, triggering commercial requirements, even if the truck has traveled only a short distance and both states recognize the 26,001 pound exemption; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Congress to pass H. R. 3098 to restore and update farm vehicle exemptions to the Federal Motor Carrier Safety Regulations administered by the U. S. Department of Transportation; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the members of the West Virginia delegation to the United States Congress.