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People are looking at obtaining trailers for their drone operation for multiple reasons such as hauling stuff around or for a tall observation deck so as to not need a beyond line of sight approval (but if you want one of these Part 137 BVLOS exemptions, let me know ;)
If you are purchasing a trailer for your drone operation, you must be aware of the Federal Motor Carrier Safety Regulations (FMCSR). The size of your trailer and load can impact your operation. You may wish to have a small truck, trailer, and load combination to stay under the limits so as to not trigger all sorts of extra federal and state laws.
If laws are triggered, you might have to:
- File more paperwork.
- Have to make sure drivers comply with hours of service limits, which are a really big pain.
- Comply with logging requirements.
- Periodic inspections.
If you are not compliant with these things, and there is a crash, that will put you in a bad defensive position.
You also need to look into the federal laws and your state laws.
Definitions from 49 CFR 390.5 from Federal Motor Carrier Safety Regulations (FMCSR)
Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—
(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
(Emphasis added).
Let’s double click into the gross combination definition:
Gross combination weight rating (GCWR) is the greater of:
(1) A value specified by the manufacturer of the power unit, if such value is displayed on the Federal Motor Vehicle Safety Standard (FMVSS) certification label required by the National Highway Traffic Safety Administration, or
(2) The sum of the gross vehicle weight ratings (GVWRs) or the gross vehicle weights (GVWs) of the power unit and the towed unit(s), or any combination thereof, that produces the highest value. Exception: The GCWR of the power unit will not be used to define a commercial motor vehicle when the power unit is not towing another vehicle.
Here is the gotcha.
If your gross combination weight rating (GVWR) or gross combination weight rating (GCWR) is 10,001lbs or more, you are required to comply with the FMCSR’s. That’s the combination of truck AND trailer WITH stuff.
If you are crossing interstate lines, you are now considered a federally regulated motor carrier.
Everyone wants the huge trailer with everything. There is a good chance you will go over 10,000 pounds.
Here are some strategies to keep the weight low:
- Lightweight truck
- Lightweight and smaller trailer.
- Get water at the client’s location and mix it on-site.
- Split things into two vehicles with two trailers.
Are there exemptions from this?
49 CFR 390.39 Exemptions for “covered farm vehicles” says,
(a) Federal requirements. A covered farm vehicle, as defined in § 390.5, including the individual operating that vehicle, is exempt from the following:
(1) Any requirement relating to commercial driver’s licenses in 49 CFR Part 383 or controlled substances and alcohol use and testing in 49 CFR Part 382;
(2) Any requirement in 49 CFR Part 391, Subpart E, Physical Qualifications and Examinations.
(3) Any requirement in 49 CFR Part 395, Hours of Service of Drivers.
(4) Any requirement in 49 CFR Part 396, Inspection, Repair, and Maintenance.
(b) State requirements —
(1) In general. Federal transportation funding to a State may not be terminated, limited, or otherwise interfered with as a result of the State exempting a covered farm vehicle, including the individual operating that vehicle, from—
(i) A requirement described in paragraph (a) of this section; or
(ii) Any other minimum standard provided by a State relating to the operation of that vehicle.
(2) Exception. Paragraph (b)(1) of this section does not apply with respect to a covered farm vehicle transporting hazardous materials that require a placard.
(c) Other exemptions and exceptions. The exemptions in paragraphs (a) and (b) of this section are in addition to, not in place of, the agricultural exemptions and exceptions in §§ 383.3(d)(1), 383.3(e), 383.3(f), 391.2(a), 391.2(b), 391.2(c), 391.67, 395.1(e)(1), 395.1(e)(2), 395.1(h), 395.1(i), and 395.1(k) of this chapter. Motor carriers and drivers may utilize any combination of these exemptions and exceptions, providing they comply fully with each separate exemption and exception.
So people try to fall into this definition of a covered farm vehicle to get exempted.
But do they?
Covered farm vehicles
49 CFR 390.5 says,
Covered farm vehicle
(1) Means a straight truck or articulated vehicle—(i) Registered in a State with a license plate or other designation issued by the State of registration that allows law enforcement officials to identify it as a farm vehicle;
(ii) Operated by the owner or operator of a farm or ranch, or an employee or family member of an owner or operator of a farm or ranch;
(iii) Used to transport agricultural commodities, livestock, machinery or supplies to or from a farm or ranch; and
(iv) Not used in for-hire motor carrier operations; however, for-hire motor carrier operations do not include the operation of a vehicle meeting the requirements of paragraphs (1)(i) through (iii) of this definition by a tenant pursuant to a crop share farm lease agreement to transport the landlord’s portion of the crops under that agreement.
(2) Meeting the requirements of paragraphs (1)(i) through (iv) of this definition:
(i) With a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, whichever is greater, of 26,001 pounds or less may utilize the exemptions in § 390.39 anywhere in the United States; or
(ii) With a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, whichever is greater, of more than 26,001 pounds may utilize the exemptions in § 390.39 anywhere in the State of registration or across State lines within 150 air miles of the farm or ranch with respect to which the vehicle is being operated.
(Emphasis added).
390.5 also says,
Farmer means any person who operates a farm or is directly involved in the cultivation of land, crops, or livestock which—
(1) Are owned by that person; or
(2) Are under the direct control of that person.
. . . .
For-hire motor carrier means a person engaged in the transportation of goods or passengers for compensation.
What are the consequences of getting caught not compliant?
- You are going to get audited.
- You’ll get a list of stuff you have to comply with. If you comply, great. If you don’t, you are going to be found not to be in compliance.
- Fines
- High insurance rates
So I’m good with the feds. Am I good to go?
Nope.
You might STILL need to comply with the FMCSR because some of the states are requiring it even if you are purely INTRAstate.
For example, Florida says in FSS 316.302:
All owners and drivers of commercial motor vehicles that are operated on the public highways of this state while engaged in interstate commerce are subject to the rules and regulations contained in 49 C.F.R. parts 382-386 and 390-397.