Greenbrier County and the surrounding areas are blessed with abundant and thriving farms. I drive through many different farms on my way to the 100-acre farm where I hunt and it is enjoyable to see the different farm vistas and many variations of livestock. It is also interesting to see wildlife intermingled with livestock such as eagles, hawks and especially large racked bucks.
While growing up in White Sulphur Springs, my family did not have a farm, but we intermittently had chickens, ducks, goats, horses, and pigs. I will never forget walking to school one day and there was one horse in the field. When I came home for lunch, there were two! It was an eye-opening experience because I did not know the horse was pregnant.
This area has quite a few “FARM USE” vehicles and I thought a review of the applicable laws might be of benefit.
Generally, every motor vehicle in West Virginia that is driven or moved on public roads is subject to registration and certificate of title requirements. This includes vehicles, trailers, semitrailers, pole trailers and recreational vehicles. An exception applies to an implement of husbandry used for agricultural or horticultural purposes.
A farmer can move an implement of husbandry, along and across a roadway (not interstate) not more than 35 miles between tracts of land or for repairs at a shop. This exception applies to farm machinery, tractors, and mini-trucks. Sunrise to sunset time limitations applies as well to equipment use along a road.
If it is a vehicle used as an implement of husbandry, the words “Farm Use” must be affixed to both sides of the implement in 10-inch letters. A farm-use exemption certificate is provided by the Commissioner of Motor Vehicles and is issued annually by the county assessor. A farm-use vehicle application form is available online that states that only qualified vehicles can be used as an implement of husbandry such as a Class A (pick-up truck under 8,001 lbs) or a Class B (truck, tractor-trailer combinations 8,001 lbs and over). Motor vehicle liability insurance must be in effect for use of a vehicle as a farm-use vehicle. No person can be convicted of the offense of operating a vehicle without a farm-use exemption certificate if that person produces in court, or to the arresting officer, a valid farm-use exemption certificate within five days.
Bonafide farmers or farm vehicle drivers may also operate vehicles normally requiring a commercial driver’s license, without a CDL, only if the following requirements are met: the vehicle must be driven by a farmer, or a farm vehicle driver; it is used to transport agricultural products, farm machinery, or farm supplies to or from a farm; it is not used in the operation of a common or contract motor carrier; and it is used within 150 air miles of a qualifying farm. Farmers seeking exemption from a CDL must apply to the DMV.
Enjoy the beauty of the Greenbrier Valley and if you see a farmer moving equipment alongside or across a road, please slow down and help keep our valued farmers safe.
