This content outlines crucial legal and safety regulations for agricultural operations, focusing on driver's license requirements, cargo securement, and vehicle registration, emphasizing that agricultural exemptions do not equate to a complete absence of legal obligations.
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and i did mention this but driving
driver's license status still matters
an employer should verify whether
employees have had their driving
privileges suspended for reckless
driving dui whatever it is if you have a suspended
suspended license
license
that is bad you shouldn't be driving anything
anything
you shouldn't be driving a company
vehicle or an implement of husbandry
under those conditions now it's up to
the employer if they allow somebody with
a suspended driver's license to have
that employee drive
only on private property on the ranch
itself disking fields
driving the plant or whatever
that can be okay but you've got to be
very careful are you liable if you runs
over one of your farm workers in the field
field
without it the answer an employer could
risk interruptions and work temporary
loss of equipment and even serious
liability so if that driver in the story
earlier that was pulled over by highway
patrol if he had a driver's license and
the
highway patrol could have called to have
that vehicle towed the tractor towed and
if you think it's expensive to have your
honda civic impounded and towed in to
the police yard and get it out of the
police chart it is expensive huge towing
bill and the impound bill
just think how expensive it is
to do that with a tractor or especially
a tractor and a trailer with a disc or
god knows what's getting impounded it
could be megabucks
megabucks
and not only is it the cost of getting
your equipment back but it can take time
in some cases lots of time to go through
the red tape and you need that equipment
for your business
no tractor no work
remember driver's license is not
required to operate implements of
husbandry in the field on roads when
traveling between fields but it does not apply
apply
if the employee has had driving
privileges suspended or revoked
if they've had drivers
license privileges suspended or revoked
they can't be on any implement of husbandry
husbandry
at all
if an employee is stopped while driving
fine farm equipment on a public road by
a law enforcement officer who finds the
employees driving privileges have been
suspended or revoked the farm equipment
will be seized [Music]
[Music]
lots of money
big problems big headaches and you don't
seizure of the vehicle will interrupt
the employer's work schedule
and that tractor or trailer or other
implement can be held for up to 30 days
before they have to give it back
in the event of an accident under these
circumstances the employer could face
serious liability so the
tractor driver goes out there
even at no fault of the employee
if they had somebody just run into them
and they were doing everything else
right the fact that they have a
suspended or revoked license puts
puts
even without a license an employee could
have suspended driving privileges even
if he or she has never had a driver's
license if an individual without a
license is arrested for a violation such
as driving under the influence the court
can still suspend driving privileges the
dmv assigns an x number driver's license record
i won't um into the details but i think
my best friend got his
first driving record
when he was 13.
anyway um so it happens
and that followed him for years a worker
with suspended license can still operate
equipment in the field but is prohibited
so that leads us to a whole nother area
cargo securement and i'll tell you right
now that some of the details here uh
change and i haven't
i haven't gone back to look at where the
exact numbers are but with cargo
securement this is how you secure or tie
down a load
and as
everything else
has an exception it seems in the law
cargo securement is no different in
agriculture the cargo securement rules
have tightened but they're still not the
same as if you're
bringing a load of
construction equipment to a job site
agriculture is slightly different
um california has maintained its own
standards for agricultural haulers for
cargo securement but is facing a
requirement to conform to federal
standards i'm not sure where that stands
right now i think there still are a
couple of minor exceptions minor differences
differences
in california but it makes it difficult for
for
companies and drivers if you've got
rules that apply
most states but california is different
it's just harder to keep it
straight california agricultural hollers
operate under
an exemption from federal
law but even under federal law ag isn't
the same as other types of material
secured to the back of a truck or trailer
trailer
now it does say current exemption
expires april 30th 2019
due to the pandemic i haven't even
looked at what's happened in the post
post
exemption period
don't worry about those details
each motor carrier hauling agricultural
products must apply for an exemption so
it's not automatic
you have to
file for an exemption
for your company
in order to have this be valid and you
need that exemption record with the vehicle
vehicle
you need any information
call the california highway patrol
commercial vehicle section and i think
that number is current if not they are
pretty easy to find
so in your application you've got to say
who the carrier is the company
your carrier id number contact
information all of that
and each vehicle that is within that
carriers or companies
operations must have the exemption
paperwork in the vehicle
and then you submit reports based on that
that
carrier exemption
don't worry about the details but essentially
essentially
you're reporting
how that vehicle has been used to
transport agricultural products
the types of things the amount and the
miles etc all of that you're reporting monthly
monthly to
to
the highway patrol
what if there's an accident um
um
cargo falls off the vehicle
you must immediately notify
the uh highway patrol and then within 72
hours there's some other paperwork that
you have to do um
um
i knew one guy
he used it as an excuse to go his visit family
family
in mexico and get a new job when he came
back he had cargo fall off his
strawberry uh hauling truck
he left the strawberries in the middle
of the road the truck and just left the country
country
um that was a bad day for
for us but uh um
um whatever
whatever
it happens you're supposed to report
things you're supposed to do your job um
now there are minimum performance
criteria for cargo securement
now you're using some kind of rope strap
tie down
tarp etc there's a lot of different
things you can use depending on the situation
situation
uh but the performance
criteria go into
g forces or gravity forces
so for example if i've got something
that weighs a thousand pounds and i need
to put it secured on the back trailer
the deceleration force must be 0.8 or 80
percent of that or 800 pounds of force
so whatever device i'm using to secure
that when i slam on the brakes and that
thousand pounds of cargo pushing forward
must be able to exert up to 800 pounds
of that thousand pounds in a forward direction
direction
with a safe securement
securement method
method
uh the rearward rearward direction so
when you're accelerating or going up a hill
hill
cargo might be trying to
uh move backward off the trailer
backwards that's
rearward direction and it needs to be
able to hold half the load so
for every thousand pounds of load that
securement needs to be
suitable rated to at least 500 pounds
for every thousand pounds of load it's securing
securing
and lateral direction side to side
you're going around corners it also
needs to be half the load assuming half
the full force of the weight of the load
could be going
left or right against the securement
devices and it's not just the ropes or
performance criteria for devices to
prevent vertical movement of loads that
are not contained within the structure
so there must be a downward force at
least equivalent to twenty percent the
weight of the article of cargo so you've got
got
you know if you've got a thousand pounds
of stuff i'm trying to secure i need a
200 pound force pushing down
to keep it from bouncing up or somehow
coming loose off of the vehicle
vehicle
if there's other loose things
i also need to have some sort of a
netting or tarp to prevent things from
blowing off with the wind that's not
on this particular slide but that is an
important additional criteria
prohibition on exceeding working load
limits cargo securement devices and
systems must be designed
installed and maintained to ensure that
the maximum forces acting on the devices
or systems do not exceed the working
load limit for the device so the devices
are rated there are clamps there are hooks
hooks
there are anchor points there are
webbing or strapping there's ropes and
all of them come with some sort of rating
rating
and there should be some sort of method
for inspecting
and determining when
that rating is no longer uh
uh
no longer being met
ropes begin to fray
webbing or flat strapping also begins to
fray and get some problems with the
cam devices get
get old
old
rusty or oxidized in some other way if
it's not iron it doesn't rust but it
still could oxidize um
um
i i've seen some straps that just blow
my mind
some of the straps i've seen
look like they came out of the early 70s
and they're frayed all over the place it
looks like a bad hair day um
um
equivalent means of securement cargo
that is immobilized or made to not move
or secured in accordance with the
applicable requirements
is considered as meeting the performance criteria
criteria
of this section so uh
uh
essentially that means that as it's
defined within the california law
if you have something that meets the
same safety standards of
securement but it doesn't follow the
exact same methods that's okay you can
have alternative ways of securing things
as long as you can demonstrate that it meets
meets
a commercial vehicle registration act
a commercial vehicle is any motor
vehicle over ten 000 gross vehicle
weight with some of these big vehicles
that we have now some of the large
trucks hummers and uh
other recreational vehicles a lot of
things uh that are
being purchased by homeowners
falls within this commercial
commercial
gross vehicle weight
there is an exception for the larger
pickups at least the medium-sized pickups
pickups
that 11
500 gross vehicle weight or less so you
have to find out for sure as you're
registering a vehicle most people don't
have to worry about a
personal vehicle because the dealership
the dmv
handles that whether or not you're
commercial or not
not um
um
but there
have to be some exceptions in the law to
handle some of the large
personal vehicles that are not commercial
i'm not going to worry about the details
of the vehicle registration act the
bottom line is you have to register your vehicles
vehicles
if they're going on the road the only
exception for registration is if they're
completely off-road
vehicles of husbandry or implements of
husbandry like tractors
now there could be engine registration
for air quality that's different
vehicle registration we're talking about
driving the vehicle over public roadways
and highways
registering engines for air pollution
standard controls
there is no exception that oh it's a
tractor it's off road only no you you
must comply
that's a different area we'll talk about later
later
but i'm not going to go through the
details here i'm not going to ask you on
a test about you know 110 million
dollars annually
those details change and i don't care
that you memorize some statistical numbers
numbers um
yeah you can essentially
just read through this on your own um
um
just understand what i said about
vehicles must be registered if they're
going to be used on roadways um
um
over 25 miles an hour and they're not
just used on the farm they're now public
public
highway and public roadway transportation
transportation
they need
and that's it that is it for vehicle rules
rules um
many of you may have not
known about how
that process worked and the fact that
tractors have different rules than
than
the rest of us
but it doesn't mean they don't have rules
rules
again just because agriculture has a lot
of exemptions it doesn't mean they're
exempt from laws they're just exempt
from the same laws they have different rules
rules because
because
they are different
so that is it
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