On behalf of the Virginia Farm Bureau Federation, I offer these comments about the proposed changes to the Department of Motor Vehicles DMV Publication DMV28 Frequently Asked Questions about Farm Vehicles.

The initial DMV28 was the result of the 2003 Farm Vehicle Taskforce that produced a report to the Virginia House of Delegates Transportation Committee (December 2003). In the recommendations of the Taskforce Report, the group called for information to educate the farming community and public about farm vehicle laws.

The report stated:

“To help educate the farmers as well as the general public, DMV will be partnering with law enforcement and the agricultural industry to develop and disseminate informational material designed to address questions and issues pertinent to this industry to include registration issues as well as issues related to commercial driver licensing, permitting, and inspections. Additionally, DMV will be examining the development of customized information for these customers on the DMV web site.”

For years, this publication has been helpful to educate on the proper uses and requirements of farm vehicles including Slow Moving Vehicles, Dyed Fuel, Registered Farm Vehicles, and Unregistered Farm Vehicles, commonly referred to as Farm Use. Virginia Farm Bureau Federation has distributed thousands over the years through our county office network and informational sessions. The brochure was well received and served the purpose to educate both the farm and nonfarm communities. It is clear that its development was intended to serve as an educational tool and not a “Guidance Document.”

It is disappointing to see the only information listed refers to registering versus obtaining the Permanent Farm Use Placard (nonregistered). The previous versions of DMV28 have been a go-to handout to educate on a variety of issues for those vehicles and machinery that traveled on the highways as part of the operation of farms in Virginia.

Our specific comments for the proposed draft language of DMV28 listed on the Virginia Regulatory Town Hall are:

Unregistered Farm Use Vehicles

Under the heading “Unregistered Farm Use Vehicles”, there are several items that are incorrect or could lead to confusion.

Regarding the sentence that states:

“Beginning July 1, 2023, unregistered farm vehicles must display a DMV-issued permanent farm use placard. Previously, an unofficial farm use tag was sufficient.”

Comment:         Not all unregistered farm vehicles require the Permanent Farm Use Placard. The legislation approved by the 2022 General Assembly Session, signed into law only included sections:

§ 46.2-665. Vehicles used for agricultural or horticultural purposes.

§ 46.2-666. Vehicles used for seasonal transportation of farm produce and livestock.

§ 46.2-670. Vehicles owned by farmers and used to transport certain wood products.

§ 46.2-672. Certain vehicles transporting fertilizer, cotton, or peanuts.

§ 46.2-673. Return trips of exempted farm vehicles.

As mentioned below, there are several vehicle/machinery types that were not included in the legislation passed in 2022, primarily because they are either tractors, machinery, or spray equipment. The intent of the legislation was to discern  legitimate farm use of motor vehicles from abusers placing “Farm Use” signs on their vehicles. There is no confusion of a vehicle requiring registration and a piece of farm equipment.

We suggest the language be amended to read “Beginning July 1, 2023, unregistered farm vehicles for uses listed below must display a DMV-issued permanent farm use placard. Previously, an unofficial farm use tag was sufficient.”

Under CONDITIONS

Comment:         In the list of 1-7, items 2, 5, and 6 should be deleted as they do not fit this topic of obtaining the Permanent Farm Use Placard.

Item #2 – “With a securely attached machine for spraying fruit trees and other plants cultivated by the owner or lessee of the vehicle.”

The vehicles mentioned in #2 are exempt from registration under § 46.2-664 of the Code of Virginia, and not one of the categories that require the Permanent Farm Use Placard under § 46.2-684.2.

§ 46.2-664. Vehicles used for spraying fruit trees and other plants.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay a registration fee for any vehicle on which is securely attached a machine for spraying fruit trees and other plants of the owner or lessee of the truck.

Item #5 – “For farm tractor”

The “vehicles” mentioned in #5 “farm tractor” are exempt from registration under § 46.2-667 of the Code of Virginia, and not one of the categories that require the Permanent Farm Use Placard under § 46.2-684.2, further, they are exempt from having “to require titling or registration” under § 46.2-600.

§ 46.2-667. Farm machinery and tractors.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay the prescribed fee for any farm machinery or tractor when operated on a highway (i) between one tract of land and another regardless of whether the land is owned by the same person or (ii) to and from a repair shop for repairs.

§ 46.2-600. Owner to secure registration and certificate of title or certificate of ownership.

“… Nothing in this chapter shall be construed to require titling or registration in the Commonwealth of any farm tractor or special construction and forestry equipment, as defined in § 46.2-100…”

Item # 6 – “For any farm machinery or tractor when operated on a highway (i) between one tract of land and another regardless of whether the land is owned by the same person or (ii) to and from a repair shop for repairs.”

The “vehicles” mentioned in # “farm machinery or tractor …” are exempt from registration under § 46.2-667 of the Code of Virginia, and not one of the categories that require the Permanent Farm Use Placard under § 46.2-684.2, further, they are exempt from having “to require titling or registration” under § 46.2-600.

§ 46.2-667. Farm machinery and tractors.

No person shall be required to obtain the registration certificate, license plates, or decals for or pay the prescribed fee for any farm machinery or tractor when operated on a highway (i) between one tract of land and another regardless of whether the land is owned by the same person or (ii) to and from a repair shop for repairs

§ 46.2-600. Owner to secure registration and certificate of title or certificate of ownership.

“… Nothing in this chapter shall be construed to require titling or registration in the Commonwealth of any farm tractor or special construction and forestry equipment, as defined in § 46.2-100…”

Under ENFORCEMENT

Comment:         Language  relating to law enforcement being able to require a vehicle operator claiming exemption to provide address of their farm should be deleted from the publication as this language was deleted from the Virginia Code during the Regular 2022 Session.

In the current draft document, it states:

“Any law enforcement officer may require any person operating a vehicle, trailer, or semitrailer and claiming the exemption to provide, upon request, the address of the farm owned by the vehicle's owner. If the address is unavailable or unknown, the law enforcement officer may require you to provide the real property parcel identification of the land.”

The language in § 46.2-665., § 46.2-666., and § 46.2-670. That read “Any law-enforcement officer may require any person operating a vehicle, trailer, or semitrailer and claiming the exemption provided pursuant to this section to provide, upon request, the address of the farm owned by the vehicle's owner. If such address is unavailable or unknown, the law-enforcement officer may require such person to provide the real property parcel identification number of such lands.” Was deleted from the Code of Virginia in 2022 with that passage and signing into law of HB 179 and SB 186.

While the legislation provided a delayed effective date for the requirement to obtain the Permeant Farm use Placard to July 1, 2023. The language allowing law enforcement to require the operator to provide the farm address did not have a delayed effective date in the bills, there for this language deletion effective date was July 1, 2022.

“That the provisions of this act requiring the owner or lessee of a farm vehicle claiming an exemption for a farm vehicle provided pursuant to § 46.2-665, 46.2-666, 46.2-670, 46.2-672, or 46.2-673 of the Code of Virginia, as amended by this act, to obtain a farm use placard from the Department of Motor Vehicles and to display such placard on the vehicle at all times shall become effective on July 1, 2023.”

Registered Farm Use Vehicles

Comment:         We believe the language for the Registered Farm Use Vehicles to be accurate.

Table showing comparisons between registration options

Comment:         We believe the table is accurate. However, we recommend deleting “(Plate)” in the top row, last column, under “Permanent DMV- Issued Placard” to remain consistent in the message and reference to the new placard.

Final comment about DMV 28: In its initial production and for several years, the publication was a size that could be easily mailed in a No. 10 envelope. In the last few years, it has become a much larger format that is difficult to share with correspondence and as handouts. We suggest going back to the smaller size, which also was more comparable to a pamphlet that would be provided in a distribution rack. 

Again, thank you for the opportunity to provide comments for proposed changes to the Department of Motor Vehicles DMV Publication DMV28 Frequently Asked Questions about Farm Vehicles. We believe it is vital to continue to educate the farm and non-farm communities about the proper uses of farm vehicles on the highways in the Commonwealth.  We continue to stand willing to partner with the DMV to help with this education.

Please do not hesitate to contact me with any questions you may have on our comments.