What does 49 CFR 173.5 (Agricultural operations) require?

Short answer

49 CFR 173.5 requires that the transportation of an agricultural product over local roads between fields of the same farm is excepted from the requirements of this subchapter, with certain conditions.

The rule says

"Agricultural operations. (a) For other than a Class 2 material, the transportation of an agricultural product over local roads between fields of the same farm is excepted from the requirements of this subchapter." (49 CFR 173.5(a))

It is transported by a farmer or a private motor carrier that is a farm, or by a person employed by such a farmer or private motor carrier — 49 CFR 173.5(a)(1).

"The movement and packaging of the agricultural product conform to the requirements of the State in which it is transported and are specifically authorized by a State statute or regulation in effect before October 1, 1998" (49 CFR 173.5(a)(3))

In plain English

This rule provides an exception for agricultural operations from the hazardous materials regulations, allowing farmers to transport agricultural products between fields on the same farm without having to comply with all the requirements. However, there are conditions that must be met, such as the transportation being done by a farmer or a private motor carrier that is a farm, and the movement and packaging conforming to state requirements.

What to do

• Review the conditions for the exception in 49 CFR 173.5(a) to ensure compliance.
• Verify that the transportation is being done by a farmer or a private motor carrier that is a farm.
• Check that the movement and packaging of the agricultural product conform to state requirements.
• Ensure that each person responsible for transporting the agricultural product has been instructed in the applicable requirements of this subchapter.