Hauling the Neighbor's Cattle and the Covered Farm Vehicle Line

One favor that changes the whole rule book

Plenty of ranchers own a truck and a stock trailer for their own cattle. Then a neighbor asks for a ride to the sale barn, offers fuel money, and it starts happening every week. That small arrangement can move a truck out of one federal category and into another, and most people never notice until a roadside inspection or a claim. Our livestock hauler insurance page covers the perils of the load itself. This post is about the line in the regulations that decides which rules you run under in the first place.

What a covered farm vehicle actually is

Federal regulations define a covered farm vehicle in 49 CFR 390.5. It is a straight truck or combination that meets four tests. It carries a farm plate or other state designation that lets officers identify it as a farm vehicle. It is operated by the farm or ranch owner or operator, or by an employee or family member. It hauls agricultural commodities, livestock, machinery or supplies to or from a farm or ranch. And it is not used in for-hire motor carrier operations.

Weight sets the range. At 26,001 pounds or less, using the greater of the rating or the actual weight, the exemptions apply anywhere in the country. Above 26,001 pounds they apply anywhere in the state of registration, or across state lines only within 150 air miles of the farm or ranch.

What the exemption lets a farmer skip

Under 49 CFR 390.39 a covered farm vehicle and its driver are exempt from the CDL rules in Part 383, drug and alcohol testing in Part 382, the medical exam and card in Part 391 Subpart E, hours of service in Part 395, and the inspection, repair and maintenance rules in Part 396. That is a large relief for a family ranch moving its own calves. It is also exactly the list of things that comes back the day the truck stops qualifying.

Where the line is, hauling for pay

The definition says the truck is not used in for-hire operations, and the same section defines a for-hire motor carrier as one transporting goods for compensation. The regulation carves out exactly one exception, a tenant hauling the landlord's share of crops under a crop share lease. A neighbor's steers for cash, fuel money that is really freight money, or a regular run for a feedlot are not in that carve out. Once you are paid to haul, the truck is no longer a covered farm vehicle, and the CDL, testing, medical, hours and maintenance rules apply on that trip. If you run long, the separate livestock clocks in our post on the 28 hour law and the agricultural hours exemption come into play too.

The insurance side people miss

Federal law gives ordinary livestock a break on operating authority. 49 U.S.C. 13506(a)(6) puts the transport of ordinary livestock outside FMCSA licensing jurisdiction, which is why many cattle haulers run without an MC number. That is not a break on insurance. 49 CFR 387.3 applies the financial responsibility rules to for-hire carriers hauling property in interstate commerce, and 387.9 sets the minimum at $750,000 for nonhazardous property in a vehicle rated 10,001 pounds or more. Under 387.7 the proof, usually an MCS-90 endorsement, is kept at your principal place of business rather than filed, and the policy cannot be cancelled without 35 days of written notice.

The bigger risk is the policy you already have. A farm auto policy is written and priced around farm use. If the truck is quietly earning freight money, tell your agent before a loss, not after. A for-hire cattle hauler needs commercial auto liability written for for-hire use, and the coverage on the animals themselves is covered on our livestock hauler coverage page.

Get the paperwork to match the work

If you are hauling for others, even part time, the fix is simple. Get the truck rated for what it actually does and keep proof of the federal minimum in your files. Get a truck insurance quote in under a minute at our quote form, or call or text 423-264-4255 and talk to someone who writes livestock haulers every week.