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Agriculture Road Law Fact Sheet

ID

ANR-268NP (AAEC-300NP)

Authors as Published

Authored by Mike Broaddus, Extension Agent, Caroline/King George Counties

1. Status of the unregistered, Red and White “FARM USE” tags that are purchased from the local feed and seed/hardware store:

  • will continue to be legal to use on Virginia roads for all farm use vehicles in Virginia until July 1, 2023
  • will be replaced by the Permanent Farm Use Placard (PFUP) as of July 1, 2023 (see #2 below).

2. Limitations of the Permanent Farm Use Placard (PFUP) that are to be purchased from the Virginia Division of Motor Vehicles:

  • will begin to be offered in late September/early October 2022 at any full service or county Virginia Division of Motor Vehicles branch.
  • will be required as of July 1, 2023.
  • will be a one-time $15 fee.
  • cannot be transferred to another vehicle.
  • can go on any vehicle over 7,500 lbs. GVWR that is intended for farm use only.
  • crossing the road
  • taking the vehicle to/from repairs, and,
  • picking up a farm use vehicle with another farm use vehicle.
  • must be used in the actual business of farming. No personal trips such as the grocery store or church. Actual non-farming exemptions are:
  • can only be driven within 75 road miles of the home farm, with the exception of the nearest market being further. But beware; once outside of the 75-mile road radius the operator may be subject to many citations and large penalties such as unlawful use of dyed, untaxed diesel fuel.
  • does not have to be registered but must be titled with DMV. This proves ownership.
  • does not need to be inspected.
  • the operator does not need a driving license to operate on a state road within the 75-mile road radius.
  • there is no age limit on persons operating vehicles with PFUP’s. However, depending on insurance coverage, owner may assume all liability of accidents. Consult with your insurance carrier to make sure the vehicle is covered with youth drivers.
  • can use dyed, low sulfur off-road diesel as fuel, but only with-in the 75-mile radius. Outside of this radius, the vehicle is subject to very steep fuel fines.
  • are required by the state to carry liability insurance.
  • cannot be used to haul oversized or over width loads. Virginia requires vehicles towing oversized loads to be registered and licensed
  • is not allowed on interstates.

3. Virginia Registered Farm or “F” Tags purchased from DMV:

  • are less expensive than regular private tags, but does come with some stipulations (see below).
  • can go on a vehicle used for farm use, including vehicles that weigh over 26,001 GVWR and may require a CDL license.
  • within a 150-mile straight-line radius from the home farm, where within this radius, a Virginia driver’s license is required, but no CDL is required and the vehicle can be used for farm family personal trips such as retrieving parts, grocery shopping, doctor’s visits, or other family necessity.
  • past this 150-mile straight line radius of the farm, the owner/operator are subject to citations and fines of not having a CDL that is not punishable in the 150-mile radius.
  • insurance is required by state law, even within the 150-mile straight line radius.
  • dyed diesel cannot be used as fuel, even within the 150-mile straight line radius becomes subject to many citations and fines.
  • are allowed on federal interstates. but like Virginia roads, once past the 150-mile straight line radius becomes subject to many citations and fines that would come with not having a CDL.

4. Self-Propelled Farm Equipment:

  • can be operated on any Virginia state road anywhere in the Commonwealth, but cannot be operated on state roads for reasons other than going from one field to another in the business of farming. No personal use such as to and from stores or other businesses.
  • when put on a trailer or lowboy, it then will be subject to all necessary permits, such as overload or overweight permits, which requires a registered vehicle to acquire (i.e., no unregistered farm use vehicles).
  • only required to have a SMV (Slow Moving Vehicle) triangle located on the back of the machine.
  • does not require an age restriction, operator’s license, or liability insurance to operate on state roads; however, the owner assumes liability for accidents.
  • with the exception of the 75-mile farm radius, rules are very similar to “FARM USE” vehicles.
  • is not allowed on interstates.

5. “Towed” Farm Equipment with trucks via drawbar (balers, wagons, etc., not to include registered and licensed bumper hitch or gooseneck trailers)

  • at towed speeds under 35 miles per hour only requires a slow-moving vehicle emblem (SMV).
  • at towed speeds above 35 miles per hour requires working taillights.
  • requirements for liability insurance and licenses rest with the power unit that is pulling the implement.
  • cannot be towed on interstates.

6. Drivers Licenses:

  • are not required for self-propelled farm machinery at all (unlimited miles from the home farm).
  • are not required within 75 road miles of the home farm in PFUP tagged vehicles. However, although there are no stated age limits, the owner may be liable if someone causes an accident and their insurance won’t cover it.
  • non-CDL Virginia Driver’s Licenses are required for registered vehicles with “F-tags”. However, past the 150-air mile radius of the home farm, a CDL may be required (depending on the vehicle’s weight, size, etc.).
  • CDL’s are required (no matter how it’s licensed) for any vehicles that need a placard for pesticides or fuel; or, is licensed for Commercial Use and has a GVWR of 26001 or more.

AAEC-300NP

7. Red, or untaxed fuel:

  • CANNOT be used in any vehicles that are registered with the state, such as those with person tags, commercial tags, antique tags, or even F-tags. Even if tested on the farm, registered and licensed vehicles with untaxed, red fuel found in their fuel tanks are subject to large fines. CANNOT be used in any vehicles that are registered with the state, such as those with person tags, commercial tags, antique tags, or even F-tags. Even if tested on the farm, registered and licensed vehicles with untaxed, red fuel found in their fuel tanks are subject to large fines.
  • can be used as fuel at any mileage from the farm for self-propelled farm (or off- road, construction, forestry, mining, etc.) equipment.
  • can be used in PFUP licensed vehicles, but only within the 75-mile road restriction from the home farm. Past this 75-mile point, large fines may apply.
  • can be hauled un-restricted in skid tanks of 119 gallons or less in any vehicle. At capacities over this amount, a placard and a CDL license is required for any vehicle, licensed or not.

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Publication Date

September 28, 2022