HB490: Farm vehicles; use.
HOUSE BILL NO. 490
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-698, as it is currently effective and as it may become effective, of the Code of Virginia is amended and reenacted as follows:
§ 46.2-698. (Contingent expiration date) Fees for farm vehicles.
A. The fees for registration of farm motor vehicles having gross weights of 7,500 pounds or more, when such vehicles are used exclusively for farm use as defined in this section, shall be one-half of the fee per 1,000 pounds of gross weight for private carriers as calculated under the provisions of § 46.2-697, as in effect on January 1, 2019 and notwithstanding the provisions of subsection C of § 46.2-697.2, and one-half of the fee for overload permits under § 46.2-1128, but the annual registration fee to be paid for each farm vehicle shall not be less than $15.
B. A farm motor vehicle is used exclusively for farm use:
1. When when it is owned by a person who is engaged either as an owner,
renter, or operator of a farm of a size reasonably requiring the use of such
vehicle or vehicles and when such vehicle is:
a. 1. Used in the transportation
of agricultural products of the farm he is working to market, or to other
points for sale or processing, or when used to transport materials, tools,
equipment, or supplies which are to be used or consumed on the farm he is
working, or when used for any other transportation incidental to the regular
operation of such farm;
b. 2. Used in transporting forest
products, including forest materials originating on a farm or incident to the
regular operation of a farm, to the farm he is working or transporting for any
purpose forest products which originate on the farm he is working; or
c. 3. Used in the transportation
of farm produce, supplies, equipment, or materials to a farm not worked by him,
pursuant to a mutual cooperative agreement.
2. When the nonfarm use of
such motor vehicle is limited to the personal use of the owner and his
immediate family in attending church or school, securing medical treatment or
supplies, or securing other household or family necessities.
C. As used in this section, the term "farm" means one or more areas of land used for the production, cultivation, growing, or harvesting of agricultural products, but does not include a tree farm that is not also a nursery or Christmas tree farm, unless it is part of what otherwise is a farm. As used in this section, the term "agricultural products" means any nursery plants; Christmas trees; horticultural, viticultural, and other cultivated plants and crops; aquaculture; dairy; livestock; poultry; bee; or other farm products.
D. The first application for registration of a vehicle under this section shall be made on forms provided by the Department and shall include:
1. The location and acreage of each farm on which the vehicle to be registered is to be used;
2. The type of agricultural commodities, poultry, dairy products or livestock produced on such farms and the approximate amounts produced annually;
3. A statement, signed by the vehicle's owner, that the vehicle to be registered will only be used for one or more of the purposes specified in subsection B; and
4. Other information required by the Department.
The above information is not required for the renewal of a vehicle's registration under this section.
E. The Department shall issue appropriately designated license plates for those motor vehicles registered under this section. The manner in which such license plates are designated shall be at the discretion of the Commissioner.
F. The owner of a farm vehicle shall inform the Commissioner
within 30 days or at the time of his next registration renewal, whichever comes
first, when such vehicle is no longer used exclusively for farm use as defined
in this section, and shall pay the appropriate registration fee for the vehicle
based on its type of operation. It shall constitute a Class 2 misdemeanor to: (i) operate or to permit the
operation of any farm motor vehicle for which the fee for registration and
license plates is herein prescribed on any highway in the Commonwealth without
first having paid the prescribed registration fee; or (ii) operate or permit
the operation of any motor vehicle, registered under this section, for purposes
other than as provided under subsection B; or (iii) operate as a for-hire
vehicle.
G. Nothing in this section shall affect the exemptions of agricultural and horticultural vehicles under §§ 46.2-664 through 46.2-670.
H. Notwithstanding other
provisions of this section, vehicles licensed under this section may be used by
volunteer emergency medical services personnel and volunteer firefighters in
responding to emergency calls, in reporting for regular duty, and in attending
emergency medical services agency or fire company meetings and drills.
§ 46.2-698. (Contingent effective date) Fees for farm vehicles.
A. The fees for registration of farm motor vehicles having gross weights of 7,500 pounds or more, when such vehicles are used exclusively for farm use as defined in this section, shall be one-half of the fee per 1,000 pounds of gross weight for private carriers as calculated under the provisions of § 46.2-697 and one-half of the fee for overload permits under § 46.2-1128, but the annual registration fee to be paid for each farm vehicle shall not be less than $15.
B. A farm motor vehicle is used exclusively for farm use:
1. When when it is owned by a person
who is engaged either as an owner, renter, or operator of a farm of a size
reasonably requiring the use of such vehicle or vehicles and when such vehicle
is:
a. 1. Used in the transportation
of agricultural products of the farm he is working to market, or to other
points for sale or processing, or when used to transport materials, tools,
equipment, or supplies which are to be used or consumed on the farm he is working,
or when used for any other transportation incidental to the regular operation
of such farm;
b. 2. Used in transporting forest
products, including forest materials originating on a farm or incident to the
regular operation of a farm, to the farm he is working or transporting for any
purpose forest products which originate on the farm he is working; or
c. 3. Used in the transportation
of farm produce, supplies, equipment, or materials to a farm not worked by him,
pursuant to a mutual cooperative agreement.
2. When the nonfarm use
of such motor vehicle is limited to the personal use of the owner and his
immediate family in attending church or school, securing medical treatment or
supplies, or securing other household or family necessities.
C. As used in this section, the term "farm" means one or more areas of land used for the production, cultivation, growing, or harvesting of agricultural products, but does not include a tree farm that is not also a nursery or Christmas tree farm, unless it is part of what otherwise is a farm. As used in this section, the term "agricultural products" means any nursery plants; Christmas trees; horticultural, viticultural, and other cultivated plants and crops; aquaculture; dairy; livestock; poultry; bee; or other farm products.
D. The first application for registration of a vehicle under this section shall be made on forms provided by the Department and shall include:
1. The location and acreage of each farm on which the vehicle to be registered is to be used;
2. The type of agricultural commodities, poultry, dairy products or livestock produced on such farms and the approximate amounts produced annually;
3. A statement, signed by the vehicle's owner, that the vehicle to be registered will only be used for one or more of the purposes specified in subsection B; and
4. Other information required by the Department.
The above information is not required for the renewal of a vehicle's registration under this section.
E. The Department shall issue appropriately designated license plates for those motor vehicles registered under this section. The manner in which such license plates are designated shall be at the discretion of the Commissioner.
F. The owner of a farm vehicle shall inform the Commissioner
within 30 days or at the time of his next registration renewal, whichever comes
first, when such vehicle is no longer used exclusively for farm use as defined
in this section, and shall pay the appropriate registration fee for the vehicle
based on its type of operation. It shall constitute a Class 2 misdemeanor to: (i) operate or to permit the
operation of any farm motor vehicle for which the fee for registration and
license plates is herein prescribed on any highway in the Commonwealth without
first having paid the prescribed registration fee; or (ii) operate or permit
the operation of any motor vehicle, registered under this section, for purposes
other than as provided under subsection B; or (iii) operate as a for-hire
vehicle.
G. Nothing in this section shall affect the exemptions of agricultural and horticultural vehicles under §§ 46.2-664 through 46.2-670.
H. Notwithstanding other
provisions of this section, vehicles licensed under this section may be used by
volunteer emergency medical services personnel and volunteer firefighters in responding
to emergency calls, in reporting for regular duty, and in attending emergency
medical services agency or fire company meetings and drills.