This week, FMCSA Administrator Anne Ferro and her management team spent two days in central Illinois learning about agricultural equipment, farm operations and talking with members of the ag industry.  Illinois Farm Bureau organized the event, and IFCA participated along with our members Brandt Consolidated at Lexington, Evergreen FS at Yuton Elevator and Martin Implement in Roanoke who all hosted the FMCSA group to explain the various aspects of ag retail, grain shipping and ag implement operations.  On the same day the tour began, FMCSA headquarters issued a positive ruling on this matter.  In the ruling, they indicated that after evaluation of the matter and review of the comments they received, that FMCSA would not regulate implements of husbandry or require farmers to be "for hire" carriers if they are engaged in 50/50 cost share agreements, noting that states are best equipped to manage farm transportation operations in their state.  They did however note that court rulings exist and that grain delivered by a farmer to an elevator that exports the grain is considered interstate commerce.  Thus, DOT numbers for farmers engaged in this type of grain delivery remain a requirement in Illinois, but more clarification may be forthcoming.  A copy of the FMCSA's ruling is posted at www.ifca.com or click here http://ifca.com/media/FMCSA%20Agricultural%20Guidance%20Implements.pdf to read the announcement.  

 

This is very positive news and the tour with FMCSA strengthened their understanding of our industry.  However the ruling is somewhat vague in some areas, so IFCA will continue to work with FMCSA to further clarify that an ag retailer's nurse tanks, tool bars and sprayers can cross state lines to service customers so that no gray area remains.  Special thanks to Illinois Farm Bureau for organizing the Illinois tour, to the IFCA members who welcomed FMCSA to their facilities, to ARA and TFI for their involvement in the issue, to our Illinois Congressmen and Senator Kirk who sent letters to FMCSA on our behalf, and to all of our members who sent in comments on this issue.  Working together, agriculture has a powerful voice and building positive relationships with agencies pays dividends in the short and long-term.