Some farmers actively engage in transporting animals for other farmers and for their customer. If
the animal is purchased by the farmer-transporter a domestic animal health permit will be
required, and depending on the financial volume of animals bought and sold a wholesaler’s
license (Article 20 Farm Products Dealer License) may be needed as well. (For more information
on this license, see Section XVI.A.3 “A Farmer’s Legal Obligations” in Part XVI “Wholesale
Market Opportunities.”)
When a farmer transports a live animal for a customer, sold previously in an exempt transaction
to a USDA plant with a custom exemption, an affidavit is needed. If the facility is strictly a
custom exempt facility then no affidavit is needed.
Further, haulers must keep their trailers in good working order. HMSA requires that trailer ramps
and floors be kept in good repair.
1. USDOT Number Requirements
Under federal law, certain truck owners must register with the Federal Motor Carrier Safety
Administration (FMCSA) and apply for a USDOT number. 82 If a truck
1) has either a gross vehicle weight rating (GVWR) of 10,001 pounds or more or a truck
and trailer gross combination vehicle weight rating (GCWR) of 10,001 pounds or more,
and
2) is engaged in interstate commerce, then the truck owner must register with the FMCSA and apply for a USDOT number.83 A truck
owner with multiple trucks that meet these requirements only needs one USDOT number.84 This number is used to identify a business for safety purposes.
New York imposes an additional requirement. In New York, a truck owner must obtain a
USDOT number even if the truck is solely engaged in intrastate (within state) commerce. Thus, in New York, if a truck
1) has either a gross vehicle weight rating (GVWR) of 10,001 pounds or more or a truck
and trailer gross combination vehicle weight rating (GCWR) of 10,001 pounds or more,
and
2) is engaged in interstate or intrastate commerce,
then the truck owner must obtain a USDOT number.85
Note that livestock farmers are not exempt from this requirement. Even being awarded prize
money for your animals at a fair is considered “earning money.”
The gross weight rating is the maximum allowable total weight of a vehicle/trailer when loaded.
On trucks it is generally listed on or over the inside driver’s side. Further requirements may be
necessary depending on the loaded weight and use of your vehicle.
2. Display Requirements for Trucks
A truck owner must display on each commercial motor vehicle operated 1.) the USDOT number
and 2.) the legal business name or DBA that appears on their registration for a USDOT
number.86 In addition, if the truck displays any person’s name besides the operator, the truck
must write “operated by” before the legal business name and the USDOT number.87
This information must be88:
written on both sides of the vehicle;
written in a color that contrasts with the background color of the vehicle;
and readable from a distance of 50 feet. To accomplish this purpose, the New York State
Department of Transportation recommends that the lettering be at least two inches high.
For commercial vehicles that operate in New York City, the New York City Administrative
Code requires that the name and address of the vehicle’s owner be permanently written on both
sides of the vehicle and be at least three inches in height.89
For more information on these federal requirements, see Do I Need a USDOT Number?,
FMCSA: Federal Motor Carrier Safety Administration, https://www.fmcsa.dot.gov
/registration/do-i-need-usdot-number.
For more information on registration and licensing requirements in the state of New York
as well as the federal requirements, see Office of Modal Safety & Security: Truck &
Motor Carrier Safety, N.Y. State Department of Transportation, https://www.dot.ny.gov
/divisions/operating/osss/truck/registration-licensing.
New York Farm Bureau (NYFB) publishes the Farmer’s Guide to Truck & Farm
Implement Laws & Regulations. The fourth edition of this guide is available for purchase
from the NYFB’s website at Farmer’s Guide to Truck & Farm Implement Laws &
Regulations, Farm Bureau: New York, https://members.nyfb.org/ItemDetail
?iProductCode=IMPLEMENT&Category=BOOKS&WebsiteKey=cb61c6af-5eb5-4943a273-df30e090666b. The cost is $30.00 per copy for members and $60.00 per copy for
non-members.
