Carrier Checklist

                                                          CARRIER CHECKLIST

                              FOR TRANSPORTATION OF EXEMPT LIVESTOCK

This Checklist is intended for use by persons or businesses normally engaged in private carriage (hauling own animals in own equipment) seeking the benefit of expanded use of their equipment to include compensated hauling of exempt livestock for third parties.

This Checklist is NOT INTENDED AS LEGAL ADVICE and must not be relied upon as such.  The Checklist is intended, instead, merely to assist the Checklist’s user in identifying some issues which may relate to any transportation relationship established through use of the EmptyTrailer.com website.  If unfamiliar with the establishment and scope of shipper-carrier relationships, it is recommended that advice be sought from your attorney or a qualified transportation professional.  

1.         EXEMPT LIVESTOCK TRANSPORTATION - INTERSTATE (No Federal Motor Carrier Safety Administration “MC” license required).

Are the animals you will transport considered an exempt commodity for FMCSA licensing purposes?

INTRASTATE (pickup and delivery within the same state) Individual states do not necessarily follow the same approach as does the Federal Motor Carrier Safety Administration with respect to authority requirements, generally, and exemptions, specifically. If your proposed service is INTRASTATE in character, check local rules.

2.         “COVERED FARM VEHICLE” exemptions from various Federal Motor Carrier Safety Rules (other than the need for an MC number and certificate) may be inapplicable.  The “Covered Farm Vehicle” exemption currently extends to such Rules as:

• Part 382 (Controlled Substances and Alcohol Use and Testing)

• Part 383 (Commercial Driver’s License Standards; Requirements and Penalties)

• Part 391 (Subpart E - Physical Qualifications and Examinations)

• Part 395 (Hours of Service of Drivers)

• Part 396 (Inspection, Repair, and Maintenance)

The “Covered Farm Vehicle” exemption expressly excludes vehicles “used in for-hire motor carrier operations.” (49 CFR 390.5) Consider this when determining compliance with the Federal Motor Carrier Safety Rules.

3.         EQUIPMENT PLATING: Individual states may provide lower cost equipment registrations through issuance of “farm plates” for equipment used in unregulated/exempt private carriage.  Check with local authorities to determine if use of equipment for exempt for-hire carriage would require commercial plate registration of vehicle.

4.         UCR REGISTRATION: The Uniform Carrier Registration program is currently in place in 41 states.  The “UCR” is required for both for-hire and private carriers operating covered commercial vehicles (typically, single or combination unites with GVWR of at least 10,001 pounds) and chances are that you may already have registered with UCR since, as in the case of a USDOT registration, there is no farm exemption for UCR.  Nevertheless, this should be checked.  Registration is simple, can be done online, https://www.ucr.gov, and is very inexpensive.

5.         IFTA: While fuel tax registration of farm vehicles is arguably exempt from the International Fuel Tax Agreement (IFTA) registration requirements, such exemption are very probably limited to vehicles properly “farm plated.”  As indicated above, there is reason to doubt that a vehicle engaged in compensated hauling for third parties is properly plated as a farm vehicle.  If you are not IFTA registered, you will likely need a single-trip fuel tax permit to cover any compensated load you handle.

6.         ANIMAL SAFETY:  Regulations adopted under the federal Animal Welfare Act address issues relating to the transportation warm various animals.  You are likely familiar with these requirements, but if you seek to refresh your knowledge, pertinent regulations can be found here:

            https://www.ecfr.gov/current/title-9/chapter-I/subchapter-A/part-3/subpart-F

7.         INSURANCE: Your existing liability policy may contain coverage exclusions for your compensated transportation of shipments for third parties.  You should review your coverage and check with your agent to obtain any broader coverage as you determine may be needed.  In addition, in light of the typically high standard of care imposed on commercial haulers, cargo coverage may be advisable and your existing coverage should be reviewed with respect to that issue.

8.         FREIGHT DOCUMENTS: Although arguably not subject to the federal mandatory rule regarding issuance of bills of lading for regulated carriers, it is a good idea to use such freight documents in exempt operations to satisfy document requests in roadside inspections.  Forms are simple, and readily available.