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.
A ELD (electronic logging device) is a device that automatically records information using the CMV (commercial motor vehicle) ECM (Electronic Control Module), truck sensors and GPS trilateration to automatically record driving time. Fun fact, February is Black History Month and we need to acknowledge GPS was invented by mathematician Gladys West who was the second black woman to be hired to work as a programmer for the US Navy. As a CMV is moving the ELD is receiving information from the ECM and comparing that information to GPS position to monitor compliance to the Federal Hours of Service HOS (SOR/2005-313) and the Technical Standard.
A driver’s day in ELD sequence.
The ELD records all the required information from the Federal Hours of Service HOS (SOR/2005-313) and additional device compliance health monitoring in the Technical Standard. The data collected is related to: carrier identification, driver identification, vehicle identification, driver location information at prescribed intervals and each change of duty status, a running and cumulative odometer and engine hours total, duty status totals and ELD identification information.
The drivers’ daily, workshift, cycle and off-duty requirements are continuously monitored, and a driver is alerted within 30 minutes of reaching a duty status limit.
The ELD continuously monitors the device functionality and alerts the driver if any data is missing or there is a connectivity issue. Drivers are prompted to provide missing information if data is not automatically recorded. Drivers are alerted to uncertified RODS and missing data elements. Unidentified driving records must be accepted or rejected by the driver and no other information can be entered until unidentified driving time is resolved, Technical Standard 4.1.5 3).
The data from the ELD is shared between the drivers in-truck device and a dashboard or portal for the motor carrier to monitor the entire fleet. All the data is stored on the cloud for 6 months and can be retrieved by the carrier for inspection. The motor carrier is expected to monitor the drivers continuously using the information generated from the ELD. A driver should never be in a out of service condition for HOS because as soon as the driver is alerted to a problem the driver is supposed to immediately stop and alert the carrier. The driver and carrier are supposed to work together to resolve the issue and if the issue cannot be resolved follow the OOS criteria. The data doesn’t lie and the data doesn’t go away.
