In North Dakota, farming and trucking often go hand in hand. Many farmers use semi-trucks to transport their crops, equipment, and supplies, leading to frequent discussions about agricultural exemptions under the Federal Motor Carrier Safety Regulations (FMCSR). Unfortunately, these exemptions are often misunderstood, leading some to believe that farmers are entirely exempt from trucking regulations—which is not necessarily true.

While North Dakota has adopted portions of the FMCSR through administrative code, the application of these rules varies based on whether the operation is intrastate or interstate and whether it qualifies for an agricultural exemption. Importantly, even if certain FMCSR regulations do not apply in a given situation, a farmer or farm trucking operation can still be held liable for negligence if their practices are unsafe.

What Are Agricultural Exemptions Under FMCSR?

The FMCSR provides specific exemptions for farm-related transportation, mainly to ease regulatory burdens on farmers. Some of the key exemptions include:

• Hours of Service (HOS) Exemptions – Farmers transporting agricultural commodities within a 150-air-mile radius of their farm are often exempt from HOS rules, which typically limit the number of hours a driver can operate a commercial vehicle before taking mandatory rest breaks. However, this exemption does not apply to every situation.
• CDL Exemptions – Certain farm vehicle drivers (FVDs) operating within 150 miles of their farm are not required to have a commercial driver’s license (CDL), provided the vehicle is properly marked and used solely for agricultural purposes.
• Medical Certification & Drug Testing Exemptions – Some agricultural operations may be exempt from certain medical certification and drug/alcohol testing requirements that typically apply to commercial truck drivers.
• Vehicle Inspection & Maintenance Exemptions – Farmers operating private, non-commercial trucks used for agricultural purposes may have reduced requirements for vehicle inspections and maintenance compared to standard commercial carriers.

How Do These Exemptions Apply In North Dakota?

North Dakota has adopted portions of the FMCSR through ND Administrative Code Title 38, meaning that even intrastate trucking operations must comply with certain federal trucking laws. Farmers operating semi-trucks need to be aware of how North Dakota applies these rules, as not every federal exemption automatically applies at the state level.

For example:

• While North Dakota recognizes the 150-air-mile exemption for HOS, if a farm truck is involved in an accident and the driver has been on the road for an excessive number of hours (e.g., 35 hours in two days), this can still be used as evidence of negligence in a civil lawsuit.
• Even if a CDL is not required under an agricultural exemption, a driver must still operate the vehicle safely and may be held liable for negligent driving or lack of proper training in a crash.
• If an agricultural trucking operation hires a driver with a history of unsafe driving, they could face liability under negligent hiring or negligent supervision claims, even if certain FMCSR rules on hiring do not apply.

Exemptions Do Not Eliminate Liability For Negligence

Even if a farmer is exempt from certain FMCSR regulations, that does not mean they are exempt from liability if their actions lead to a crash. Courts look at whether a reasonable and prudent person/company would have taken better precautions, regardless of whether a federal trucking regulation applies.

For example:

• If a farm truck crashes because the driver fell asleep after 20 straight hours of driving, the fact that HOS rules don’t apply will not stop a lawsuit claiming negligence for failing to ensure the driver was rested.
• If a farm truck’s brakes fail because it was never inspected, and it causes a serious accident, the owner could be liable for negligent maintenance, even if certain FMCSR inspection requirements do not apply.

Bottom Line: Farmers Must Still Prioritize Safety

Agricultural exemptions under the FMCSR provide farmers with important regulatory flexibility, but they do not grant immunity from legal responsibility. North Dakota law still holds farm truck operators accountable for negligence, and farmers should take steps to ensure their trucking operations are safe, well-maintained, and compliant with applicable state and federal laws.

If you or your family are reading this because a tragedy struck involving a commercial motor vehicle or farm truck, it is very important you hire an attorney who knows trucking industry standards, laws and regulations. Our personal injury team at SW&L Attorneys understands, knows, and handles all trucking and commercial motor vehicle accidents. To get in touch with our team, call (701)297-2890, or email info@swlattorneys.com.

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