Custom Harvester Operations Requirements

Custom Harvester Operations in Kansas: Applicable Federal Motor Carrier Safety Regulations, Kansas Statutes Annotated, Kansas Administration Regulations

Driver's License
Custom Harvesters are not exempted from CDL requirements
  • Classes of CDL are found in K.S.A. 8-234b.
    Commercial class A motor vehicles include any combination of vehicles with a gross combination weight rating of 26,001 pounds or more, providing the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds.
    Commercial class B motor vehicles include any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight rating.
    Commercial class C motor vehicles include any single vehicle less than 26,001 pounds gross vehicle weight rating, or any such vehicle towing a vehicle not in excess of 10,000 pounds, or any vehicle less than 26,001 pounds gross vehicle weight rating towing a vehicle in excess of 10,000 pounds gross vehicle weight rating, provided the gross combination weight rating of the combination is less than 26,001 pounds comprising: (A) Vehicles designed to transport 16 or more passengers, including the driver; or (B) vehicles used in the transportation of hazardous materials, which requires the vehicle to be placarded.
  • Kansas issues seasonal CDLs at 18 years of age. (K.S.A. 8-2,146
  • Kansas issues custom harvester CDLs at 16 years of age. (K.S.A. 8-2,147)
  • Kansas issues non-resident CDLs
    International CDL's from foreign countries are not valid in the USA. Only CDLs from Canada, Mexico, and the USA are valid.
8-2,146. Seasonal Commercial Driver's License; Conditions & Limitations; Definitions; Rules & Regulations
  1. The division may issue to an applicant who is a resident of this state and who is at least 18 years of age a seasonal commercial driver's license for the operation of commercial class B and commercial class C motor vehicles. Any person applying for or who is issued a seasonal commercial driver's license shall be subject to the provisions of K.S.A. 8-2,125 through 8-2,145, and amendments thereto, except that an applicant shall not be required to pass a knowledge or skills test as required by subsection (a) of K.S.A. 8-2,133, and amendments thereto.
  2. Seasonal commercial drivers' licenses issued pursuant to subsection (a) shall allow the operation of commercial motor vehicles owned by the following specific farm-related service industries:
    1. Farm retail outlets and suppliers
    2. Agri-chemical businesses
    3. Custom harvesters
    4. Livestock feeders
  3. An applicant who has not held a driver's license for at least one year shall not be eligible for a seasonal commercial driver's license. An applicant who has between one and two years' driving experience shall comply with the provisions of subparagraphs (A) through (G) of paragraph (1) of subsection (b) of K.S.A. 8-2,133, and amendments thereto, for the applicant's entire driving history. An applicant with more than two years' driving experience shall comply with the provisions of subparagraphs (A) through (G) of paragraph (1) of subsection (b) of K.S.A. 8-2,133, and amendments thereto. The requirements contained in subparagraphs (A) through (G) of paragraph (1) of subsection (b) of K.S.A. 8-2,133, and amendments thereto, shall be confirmed prior to any renewal or revalidation of a seasonal commercial driver's license.
  4. Any person issued a seasonal commercial driver's license, shall not operate any vehicles used in the transportation of hazardous materials which requires the vehicle to be placarded, except for diesel fuel in quantities of 1,000 gallons or less; liquid fertilizers in vehicles or implements of husbandry with total capacities of 3,000 gallons or less; and solid fertilizers that are not transported with any organic substance.
  5. A seasonal commercial driver's license issued pursuant to subsection (a) shall be valid for a consecutive 180-day period from the date of issuance of such license. A person shall be issued only one seasonal commercial driver's license for any twelve-month period.
  6. Any person issued a seasonal commercial driver's license pursuant to subsection (a), shall not operate a commercial motor vehicle beyond 150 miles from the place of business or from the farm being served.
  7. As used in this section:
    1. "Farm retail outlets and suppliers" means any retail outlet and supplier that transports either agricultural products, farm machinery, farm supplies, or both, to or from a farm;
    2. "Agri-chemical businesses" means any business that transports agricultural chemicals to or from a farm.
  8. A person who has been issued a seasonal commercial driver's license and who is convicted of violating the provisions of this section, the division, upon receiving a report of conviction, shall revoke such person's seasonal commercial license for the remainder of the period specified in subsection (e).
    • 8-2,125. Uniform commercial driver's license act
    • 8-2,145. Test for alcohol or drugs; notices; certification by officer; hearing; disqualification of driver
8-2,147. Commercial Drivers' Licenses; Farm Custom Harvesting Operations; Age
  1. The division may issue a commercial driver's license to an applicant who is a resident of this state and who is at least 16 years of age for the operation of commercial class B and commercial class C motor vehicles for a farm custom harvesting operation. Any person applying for or who is issued a commercial driver's license under this section shall be subject to the provisions of K.S.A. 8-2,125 through 8-2,145, and amendments thereto.
  2. For the purpose of this section, "farm custom harvesting operations" means a person, firm, partnership, association or corporation engaged in farm custom harvesting operations if the motor vehicle is used to:
    1. Transport farm machinery, supplies, or both, to or from a farm, for custom harvesting operations on a farm; or
    2. Transport custom harvested crops only from a harvested field to initial storage or to initial market locations.
      • 8-2,125. Uniform commercial Driver's License act
      • 8-2,145. Test for alcohol or drugs; notices; certification by officer; hearing; disqualification of driver
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8-2,148. Nonresident Commercial Driver's License; Requirements
(a) The division may issue a nonresident commercial driver's license to an applicant who is at least 18 years of age and employed by a Kansas employer but is a resident of a foreign country for the operation of any commercial class of vehicles if such person has passed a knowledge and skills test pursuant to K.S.A. 8-2,133, and amendments thereto. Any person who is applying for a nonresident commercial driver's license shall be subject to the provisions of K.S.A. 8-2,125 through 8-2,145, and amendments thereto;

A nonresident commercial driver's license issued pursuant to subsection (a) shall contain on the face of the license the statement "nonresident commercial driver's license" or "nonresident CDL";

Any such license issued pursuant to subsection (a) shall be valid only for the period the nonresident is authorized to be employed in the United States. The fee for a nonresident commercial driver's license will be the same as for a resident commercial driver's license;

If the nonresident applicant is the holder of a nonresident commercial driver's license issued by another state, such license shall be surrendered to the state of Kansas at the time a Kansas nonresident commercial driver's license is issued;

The provisions of this section shall be a part of and supplemental to the Kansas uniform commercial drivers' license act.
  • 8-2,125. Uniform commercial driver's license act
  • 8-2,145. Tests for alcohol or drugs; notices; certification by officer; hearing; disqualification of driver.
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Commercial Driver's License Endorsements Apply When Required by Law
Endorsements: Commercial drivers' licenses issued pursuant to K.S.A. 8-234b, and amendments thereto, may be issued with the following endorsements or restrictions; and the holder of a valid commercial driver's license may drive all vehicles in the class for which that license is issued, and all lesser classes of vehicles, except motorcycles and vehicles that require an endorsement, unless the proper endorsement appears on the license.
  • H - authorizes the driver to drive a vehicle transporting hazardous materials.
  • L - restricts the driver to vehicles not equipped with airbrakes.
  • T - authorizes driving double and triple trailers; Including a truck / converter dolly / semi-trailer combination.
  • P - authorizes driving vehicles carrying passengers.
  • N - authorizes driving tank vehicles.
    • Permanent tank w/ capacity of > 119 gallons filled & dispensed from the vehicle
    • Portable tank w/ capacity of 1,000 gallons or more filled and/or dispensed from off the vehicle
  • X - represents a combination of hazardous materials and tank vehicle.
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Controlled Substances & Alcohol Use
49 CFR 382 applies to all CDL drivers including the seasonal CDL license issued to 18-year-old drivers.

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Medical Examiner's Certificate
49 CFR 391.2 exempts custom harvesters from the requirement of Medical Examiner's Certificate.
  • 391.2 (a) Farm custom operation. The rules in this part do not apply to a driver who drives a commercial motor vehicle controlled and operated by a person engaged in custom-harvesting operations, if the commercial motor vehicle is used to--
  • (a)(1) Transport farm machinery, supplies, or both, to or from a farm for custom harvesting operations on a farm; or
  • (a)(2) Transport custom harvested crops to storage or market.
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Driver's Record of Duty Status
The Kansas Corporation Commission has adopted 49 CFR 395.1(k) with certain provisions. KCC's provisions are found in KAR 82-4-3(a)(6).

395.1(k) Agricultural operations. The provisions of 395.3 (Maximum Driving Time) shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes in a State if such transportation:(1) Is limited to an area within a 100 air mile radius from the source of the commodities or the distribution point for the farm supplies, and(2) Is conducted during the planting and harvesting seasons within such State, as determined by the State. 395.3 Maximum driving time.

Effective 12/15/2004, the FMCSA defines the source of the commodity as the field from which it is harvested. The Ag exception is for the first move ONLY.
  1. 11 hour rule
  2. 14 hour rule
  3. 60/70 hour rule
KCC's definition of "agricultural commodities" is the unprocessed products of agriculture, horticulture, and cultivation of the soil including wheat, corn, hay, milo, sorghum, and soybeans. Agricultural commodities shall not include livestock and livestock products, milk, honey, poultry products, timber products, or nursery stock nor does it include the transportation of hazardous materials of the type or quantity that requires the vehicle to be placarded.
  • "Farm supplies" means supplies or equipment for use in the planting or harvesting of agricultural commodities, but does not include the transportation of hazardous materials of the type or quantity that requires the vehicle to be placarded.
  • "Hazardous materials" as used in KAR 82-4-3(a)(6) only, shall not include fertilizer, animal waste used as fertilizer, anhydrous ammonia or pesticides.
  • "Planting and harvesting season" means the time periods for planting and harvesting from January 01 through December 31.
Current to the time shown for the Last Change of Duty Status 395.8 (f)(1) at the point a driver is stopped, his current status is and has been DRIVING, therefore there is no requirement to have any mark in the DRIVING status.
  • Example: The driver stopped for lunch at noon, had a nice meal, and began driving again at 1 p.m. You stop him and inspect the logbook three hours later. The last mark required would be a horizontal line to 1 p.m. in ON DUTY (not driving). No vertical line to DRIVING is required. No ballpoint pen dot on the DRIVING line is required.
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Insurance
Per 49 CFR 387.9 & 173.220, financial responsibility for for-hire & private carriers in interstate or foreign commerce is $1,000,000.

40-3104. Motor vehicle liability insurance coverage required; prohibited vehicle operation; verification; self-insurance; display of proof of financial security
  • (k) The provisions of this section shall not apply to motor carriers of property or passengers regulated by the corporation commission of the state of Kansas.
    • In other words, valid proof of authority (Single State Registration or KCC authority) is acceptable display of proof of insurance.
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Required Permits
Kansas-based vehicle
  • Farm-registered vehicle traveling outside Kansas to harvest his own crops
    • Oversize permit required if transporting oversize load on interstate (KSA 8-1911)
  • Farm-registered vehicle traveling back into Kansas after harvesting his own crops in an adjoining state
    • Oversize permit required if transporting oversize load on interstate
  • Farm-registered vehicle custom harvesting in Kansas
    • 30-day harvest permit to cover farm registration (KSA 8-143 h)
    • KCC economically regulated if hauling grain from field to elevator or storage facility a distance of more than 50 miles, or from elevator or storage facility to elevator any distance. (KSA 66-1,109 h)
    • Oversize permit required if transporting oversize load on interstate (KSA 8-1911)
  • Farm-registered vehicle returning to Kansas after custom harvesting elsewhere
    • IFTA or Kansas Motor Fuel permit (KSA 79-34,122(b))
    • Oversize permit if transporting oversize load on interstate
  • Kansas custom harvester harvesting in Kansas
    • KCC economically regulated if hauling grain from field to elevator or storage facility a distance of more than 50 miles, or from elevator or storage facility to elevator any distance. (KSA 66-1,109 h)
  • Kansas custom harvester returning to Kansas from another state
    • IFTA or Kansas Motor Fuel permit (KSA 79-34,122(b))
    • Oversize permit if transporting oversize load on interstate
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Foreign-based vehicle
  • Custom harvester just passing through
    • 72-hour temporary registration or a 30-or 60-day harvest permit if not apportioned with Kansas (KSA 8-143 b, k)
    • IFTA or Kansas motor fuel permit (KSA 79-34,122(b))
  • Custom harvester harvesting in Kansas
    • 72-hour temp. registration, 30- or 60-day harvest permit (KSA 8-143 b, k)
    • IFTA or Kansas Motor Fuel permit (KSA 79-34,122(b))
    • Oversize permit if hauling oversize on interstate (KSA 8-1911)
    • KCC economically regulated if hauling grain from field to elevator or storage facility a distance more than 50 miles, or from elevator or storage facility to elevator any distance (KSA 66-1,109 h).
  • Farm-registered vehicle custom harvesting in Kansas
    • Same as foreign-based custom harvesters.
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Size & Weight
Oversize permits are required on interstate highways only. (K.S.A. 8-1911)

Custom harvester permits, valid from May 1st - November 15th, allow two combine headers to be transported side-by-side. [8-1911 (i)] Annual oversize permits do not allow multiple articles to make the load over-width. [8-1911 (f) + KAR 36-1-38]

Maximum Lawful Dimension
  • Truck tractor & semi trailer: No overall length limitation. Semi trailer 59 ½ ft maximum (K.S.A. 8-1904 d)
  • Truck tractor - semi trailer - full trailer: No overall length limitation. Neither trailer shall exceed 28 ½ ft. (K.S.A. 8-1904 d)
  • Truck tractor - semi trailer - semi trailer: 65 ft overall length limit. It is an "other combination." (K.S.A. 8-1904 c)
  • Truck tractor - semi trailer - Implement of husbandry: 65 ft overall length limit. It is an "other combination." (K.S.A. 8-1904 c)
  • Truck & combine trailer, loaded or unloaded, used in custom harvesting: 75 ft overall length limit + overhangs [K.S.A. 8-1904 (g)]§ All other combinations of vehicles with a truck as the power unit: 65 ft overall length limit. They would be "other combinations." (K.S.A. 8-1904 c)
  • Over-width and/or over-length loads
  • 8-1715. Lamps or flags required on projecting loads. Whenever the load upon any vehicle extends to the rear four (4) feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in K.S.A. 8-1703, two (2) red lamps visible from a distance of at least five hundred (500) feet to the rear, two (2) red reflectors visible at night from all distances within six hundred (600) feet to one hundred (100) feet to the rear when directly in front of lawful lower beams of head lamps and located so as to indicate maximum width, and on each side one (1) red lamp visible from a distance of at least five hundred (500) feet to the side and located so as to indicate maximum overhang. There shall be displayed at all other times on any vehicle having a load which extends beyond its sides or more than four (4) feet beyond its rear, red flags, not less than twelve (12) inches square, marking the extremities of such load, at each point where a lamp would otherwise be required by this section.
Maximum Lawful Weight
Custom harvesters shall adhere to the Kansas laws regarding tire, axle, and bridge formula weight.
  • Maximum gross weight on interstate highways, without permit, is 80,000 pounds.
  • Maximum gross weight on non-interstate highways is 85,500 pounds, unless otherwise posted.
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KCC Economic Regulation (Authority)
Custom harvesters are exempt KCC authority.
  • K.S.A. 66-1,109. Regulation of motor carriers; exemptions of certain carriers, certain transporters and certain uses from act. This act shall not require the following carriers to obtain a certificate, license or permit from the commission or file rates, tariffs, annual reports or provide proof of insurance with the commission:
  • (h) persons operating motor vehicles which have an ad valorem tax situs in and are registered in the state of Kansas, and used only to transport grain from the producer to an elevator or other place for storage or sale for a distance of not to exceed 50 miles;
  • (o) the transporting of vehicles used solely in the custom combining business when being transported by persons engaged in such business
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KCC Safety Regulation (CVSA Inspection)
  • Again, 49 CFR 391.2 exempts custom harvesters from the requirement of Medical Examiner's Certificate.
  • Persons operating, intrastate, Kansas-registered vehicles within 50 miles of the producer of the grain being hauled are exempt Federal Motor Carrier Safety Regulation.
    K.S.A. 66-1,129. Motor carriers; safety rules and regulations adopted by commission; exceptions. (a) The commission shall adopt rules and regulations necessary to carry out the provisions of this act. No public motor carrier of property, household goods or passengers or private motor carrier of property shall operate or allow the operation of any motor vehicle on any public highway in this state except within the provisions of the rules and regulations adopted by the commission. Rules and regulations adopted by the commission shall include:
    • (c) Any rules and regulations of the commission, adopted pursuant to this section, shall not apply to the following, while engaged in the carriage of intrastate commerce in this state:
    • (4) Persons operating motor vehicles which have an ad valorem tax situs in and are registered in the state of Kansas, and used only to transport grain from the producer to an elevator or other place for storage or sale for a distance of not to exceed 50 miles.
  • Except for the specific exemptions found within this document, the Federal Motor Carrier Safety Regulations apply to custom harvesters.
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