Recently, a combine traveled a considerable distance on the highway from Saskatchewan to Manitoba, accompanied by an escort vehicle. The journey was documented and sparked a wave of comments on Facebook. Many of these comments focused on the misconception that farmers "own the road" and don't need to follow regulations. While farmers do receive exemptions from certain rules, it’s not a free-for-all. Some argue that these exemptions should be eliminated because many farms operate as corporations rather than traditional family farms. Let’s look at some of Alberta’s regulations for farmers operating commercial vehicles.
First is what is a farm? The answer is it depends on who is asking. Fuel tax defines a farm as a farm business that has $10,000 or more of gross annual farm production. If Canada Revenue is asking you are a farmer if you claim income from farming activity (subject to additional rules). For Statistics Canada Farm Census a farm is defined as an agricultural operation that produces at least one of the following products intended for sale: crops (hay, field crops, tree fruits or nuts, berries or grapes, vegetables, seed); livestock (cattle, pigs, sheep, horses, game animals, other livestock); poultry (hens, chickens, turkeys, chicks, game birds, other poultry); animal products (milk or cream, eggs, wool, furs, meat); or other agricultural products (Christmas trees, greenhouse or nursery products, mushrooms, sod, honey, maple syrup products).
For commercial vehicle regulation purposes what matters is if the farm is required to hold a Safety Fitness Certificate (SFC). A farm is exempt from needing a SFC if: (a) commercial vehicles primarily used to transport agricultural products, if the driver of the truck is a bona fide farmer or employee of the farmer who owns or produces the agricultural product; (b) 2- or 3-axle commercial vehicles primarily used to transport primary products of a forest, lake or river, if the driver or the driver’s employer produces the primary product.
Farm Plates fall under Class 2 registration
2-58: Farm Vehicles Includes classes 2-58 (farm vehicles) and 2-58c (sod operation vehicles).
A 2-58 plate class is used to register the vehicle of a carrier who has been approved by Alberta Agriculture and Forestry for their Alberta Farm Fuel Benefit (AFFB) Program.
Carriers who use their vehicle for both farming and commercial business activities do not require a farm registration to haul their own goods. The carrier is eligible to apply to Alberta Treasury Board and Finance for a rebate of the fuel tax, and if applicable, the AFFDA on fuel used to haul their own goods.
The following vehicles qualify as farm vehicles:
Trucks (anything with a 5th wheel is defined as a truck tractor)
Utility vehicles and Sport Utility Vehicles
Cargo vans
All other vehicles are not eligible as farm vehicles and are not eligible to hold a (2-58) Farm Vehicle plate.
Air Brakes
A holder of a class 2, 3, 4 or 5 Driver's Licence driving a motor vehicle with air brakes that is registered as farm vehicle does not require the driver to have an air brake certificate or endorsement on their licence if the farmer is only engaged in the delivery of animals, farm products, grains or farm produce to:
The farmer’s farm, if those commodities are to be used by the farmer in the operation of the farm. Or a market, if the commodities being transported were either grown or raised by the farmer on the farmer’s farm
Dual Registration
A client may register a motor vehicle in two registration plate classes using the motor vehicle dual registration program. All registration requirements must be met for each plate class.
The dual registrations may have different expiry dates.
Issuing Plates
Dual registration licence plates are issued as follows:
Definition of (q) “farm equipment” means equipment designed and
intended for use in farming operations, but does not include (i) a truck, trailer or semi-trailer, (ii) farm equipment that is loaded on a truck, trailer or
semi-trailer, or (iii) farm equipment that is towing equipment other than
another piece of farm equipment; (yy) “truck” means a motor vehicle designed and intended for the transport of goods or carrying of loads; (zz) “truck tractor” means a truck that may be coupled to a semi-trailer by means of a fifth wheel, but does not include a bed truck, picker truck or winch truck;
Provincial Safety Fitness Certificate (SFC) = Do not leave Alberta
Federal Safety Fitness Certificate (SFC) = Can leave Alberta
A farmer or a driver employed by a farmer that holds a Provincial SFC (Alberta only), operating a commercially or dual farm plated vehicle with a RGVW of 4501 – 11793 kgs only in Alberta is exempt from:
A farmer or a driver employed by a farmer that holds a Provincial SFC (Alberta only), operating a commercially or dual farm plated vehicle with a RGVW of 11794 kgs or greater only in Alberta is exempt from:
A farmer or a driver employed by a farmer the holds a Federal SFC, operating a commercially or dual farm plated vehicle with a RGVW of 4501 – 11793 kgs operating inside of Alberta is exempt from:
A farmer or a driver employed by a farmer the holds a Federal SFC, operating a commercially or dual farm plated vehicle with a RGVW over – 11794 kgs operating inside of Alberta is exempt from:
A farmer or a driver employed by a farmer the holds a Federal SFC, operating a commercially or dual farm plated vehicle with a RGVW of 4501 – 11793 kgs operating outside of Alberta is exempt from:
A farmer or a driver employed by a farmer the holds a Federal SFC, operating a commercially or dual farm plated vehicle with a RGVW over – 11794 kgs operating outside of Alberta is exempt from:
When it comes to Electronic Logging Devices (ELDs), there are no permits or exemptions available for farmers and ranchers in Canada. Unlike the United States, where agriculture has an ELD exemption, Canada chose not to adopt it. Interestingly, Alberta Transportation granted both ELD and time-recording exemptions to the oil industry but not to agriculture or ranching.
One reason Alberta farmers have historically secured exemptions is their political engagement and vocal advocacy for their industry. For example, in 1997, farmers protested by dumping thousands of pounds of manure on the steps of the Alberta Legislature. This dramatic act highlighted their dissatisfaction with inadequate support programs and the government's perceived inaction on rural issues. It sent a powerful message about the dire conditions in rural areas.
Now, imagine what might happen if truckers mobilized with the same level of commitment. Truckers have already demonstrated their power, such as when they effectively shut down Ottawa in protest of COVID-19 measures. If truckers united to demand change in their industry, they could shine a spotlight on the poor working conditions drivers endure due to insufficient attention from federal and provincial governments.
It’s Rodeo season in Alberta! Albertans attend local rodeos to celebrate the important history of the rodeo and more importantly the impact livestock and agriculture have on our community. When listening to the opening remarks of the various elected officials that attend these rodeos remember this, Alberta Transportation and Economic Corridors created a special permit for the oil and gas industry. A permit that is not available to the livestock transportation sector despite the urgent need and requests from those drivers and carriers. See my blog The dirty business of lobbying and the impact on road safety for the specific details of that sketchy deal.
The oilfield exemption permit exempts federally regulated drivers operating under the oilfield permit from using a ELD (Electronic Logging Device), exempts the driver from the cycle restrictions and does not require the driver to record a work shift start and end time, only total hours. Federally regulated livestock transportation companies are required to install ELD’s and those drivers have zero exemptions.
The FMCSA (Federal Motor Carrier Safety Administration), the United States transportation regulatory body, has a livestock transportation exemption, 395.1 (k)(4) (Federal Motor Carrier Safety Regulation). The exemption was built into the ELD regulation and no permit is required. The ELD mandate in Canada requires a certified ELD to be programmed with the Canadian and the United States hours of service rules. The basis of the NAFTA agreement was to facilitate cross border trade between Canada, Mexico and the United States. How does allowing an exemption for US drivers but not Canadian drivers operating in the United States make any sense or respects the spirit of NAFTA?
The Alberta government mandate is focused on revenue generation and building the Alberta War Chest. If Alberta Transportation and Economic Corridors is not interested in allowing a free exemption for Livestock Transportation providers, then establish a Livestock ELD permit and make some money. The Province of Manitoba issues an ELD exemption permit why can’t Alberta?
The Honourable Devin Dreeshen, Minister of Alberta Transportation and Economic Corridors just announced in a news release July 4, 2024; Alberta is marking more than a year of working with Saskatchewan and Manitoba through the Prairies Memorandum of Understanding (MOU) to advance economic corridors and enhance collaboration with Alberta’s prairie neighbours. To date, the three provinces have achieved harmonization of regulations related to commercial carriers that improve both safety and regulatory requirements.
“By keeping the momentum of the Prairies MOU going, we can continue to lead the way in building economic corridors, cutting red tape, and creating jobs. This paves the way to make nation-building projects a reality again in western Canada.” Devin Dreeshen, Minister of Transportation and Economic Corridors
While the Prairies Memorandum of Understanding was supposed to harmonize regulations, the absence of ELD permits or ELD interpretations for commercial carriers in Alberta raises questions about consistency and accountability. It is crucial for commercial carriers to advocate for a level playing field and demand transparency from Alberta Transportation and Economic Corridors.
As Albertans gather to celebrate Rodeo season and the contributions of livestock and agriculture, it's essential to address the unequal treatment of transportation providers in the province. The disparities in ELD exemptions highlight broader issues of fairness, safety, and accountability within the industry. It’s not nice to play favorites.
