HARRISBURG – The federal government has warned Pennsylvania that proposed legislation to exempt farm vehicles from an update of motor carrier safety regulations, if enacted, could cost the state $28 million in annual federal aid.
The Federal Motor Carrier Safety Administration, or FMCSA, last week notified Transportation Secretary Allen D. Biehler, P.E., that the proposed legislation would put the commonwealth in violation of federal motor carrier program requirements. The legislation seeks to exclude farm vehicles and drivers of those vehicles from the new safety rules.
“This broad exclusion of all farming vehicles and drivers of farm vehicles from Pennsylvania’s intrastate regulations undermines the uniformity Motor Carrier Safety Assistance Program (MCSAP) was enacted to ensure and would have a significant and negative impact on highway safety,” said Anne S. Ferro, administrator of the Motor Carrier Safety Administration.
“Adoption of the proposal by the General Assembly would make Pennsylvania’s motor carrier safety regulations noncompliant and the state ineligible for Motor Carrier Safety Assistance (MCSAP) funds, threatening the safety benefits that Pennsylvania derives from that grant program,” she added.
Pennsylvania updated its Motor Carrier Safety regulations to improve safety and bring the state into compliance with federal laws. The process began after a March 2007 federal audit cited a number of non-compliance issues. Pennsylvania is one of nearly 25 states that have been audited.
By meeting the March 31 compliance deadline, Pennsylvania avoids federal penalties including the loss of approximately $6 million in federal funds that support State Police Motor Carrier Enforcement. The loss of that funding could jeopardize an effective motor carrier enforcement program, which would trigger additional penalties, including the loss of about $22 million in federal highway funds.
“These funds are critical for continuation of our safety enforcement program,” said State Police Commissioner Col. Frank E. Pawlowski. “Loss of this program poses a significant safety hazard for all drivers and passengers.”
The Pennsylvania Department of Transportation, State Police and the Agriculture Department, working with FMCSA, developed updated regulations that meet the federal safety requirements while not placing an onerous burden on farmers or businesses. The regulations were approved by the Independent Regulatory Review Commission on Feb. 25.
Among the steps the commonwealth is taking to ensure farmers are not adversely affected is to extend the growing season from nine months to year-round and clarify that the regulations do not apply to tractors. Rules provide exemptions from some recordkeeping and hours-of-service rules for farm vehicles operating within a certain distance from the farm during the growing season.
The most significant changes in the updated rules affect truck-trailer combinations exceeding 17,000 pounds. The new rules do not allow drivers under 18 to drive such combinations on public roads. The rules do not apply to farm tractors.
“Pennsylvania has worked hard to balance the safety needs of an effective motor carrier enforcement program with the needs of our farm community,” said Agriculture Secretary Russell Redding. “We have accomplished that goal and we urge the farm community to review the details and work with us to ensure the safety of our roads.”