Driving across public ways

[Dougster]

Dougster, This hoister thing is driving me nuts. I went back to the website and downloaded the PDF on hoisting and found out a few things. You're in violation of section 6 paragraph b! b) Protection of Operator. Where the operator of an excavating machine may be exposed to the elements or overhead hazards, a suitable equipped cab for protection against such conditions shall be provided. You better trade in that non-cab model and get one with a cab. And remember that all cabs need a ROPS and FOPS.

You picked up on that too I see. If this isn't proof positive of no original intent (or thought) to include today's compact utility tractors (remembering that all farm equipment... if used on a farm, as defined by the state... is exempt from all of these rules) under these rules, then I am a gosh-darned monkey's uncle!

But back to your legal point: First, is a CUT defined as an "excavating machine" by the DPS? Remember, there is a separate hoister's license category for excavators (Class 2A). I went and got that for later use, but all I needed was a Class 2B. Second, have we been dealing with "overhead hazards" as the state defines them? Is a tree branch really an overhead hazard? And third, provided I don't operate my CUT in a pouring rain storm or during a blizzard, am I okay with the rules?

In other words, I think there is some wiggle room here for us. An exemption (like for farmers) would be great, but 3-dimensional wiggle room is cool too.

Dougster

 

[Dougster]

Dougster: As to politics I do not see much difference between the two main parties. As to politicians most of them are a bunch of pandering, self-serving individuals who every now and then will do something that will get you to support them. I liken most of them to those practitioners of the oldest profession- and the best one will always gets the most money (i.e. wins). It appears to me that all of them want more government and regulation (i.. money). As to driving on the local roads I really think that western MA is a different state. It may be a function of zoning and/or the fact that I have no neighbors across from my .5 mile of road frontage and that there are only 5 houses on the 1.3 miles between my home and workplace. I do carry two different tractor insurance policies of to cover me. I have to re-explore my notes on my coverages as well as ask one of the "locals". I will get back to you. Jay

Thanks Jay. You are right. The problem in our state is not merely the presence of corrupt liberal Democrats. The main problem is the lack of any sort of two-party system. If any party is in unrestrained and absolute power, bad things will happen.

Yes, your situation is light years different than mine. I can understand where you operate essentially problem-free where I always need to keep 50% of my thoughts on the task and 50% of my thoughts on the PRT laws, RMV & DPS rules, difficult suburban neighbors and complaints to cops.

I would still love to understand the legal and insurance situation under which you operate. I do not wish to pry, but how you got your tractor registered and insured would be great to know. The only insurance I can buy for my tractor is under a business policy.

Dougster

 

[Dougster]

Dougster, do a search on "Certificate of Origin". Ronzonie stated it he had to get a certificate of origin and that it cost him $122.00 to register and $375 for insurance. This was in 2004. Sorry for being computer illiterate on linking posts. Bill C

Hi Bill - Thanks for the reply but my inability to register and get plates for my tractor is not related to any lack of proof of ownership (such as a title or certificate of origin). The problem is that I simply don't qualify for a special vehicle registration/plate because I don't fall into any of the allowed categories under RMV rules. I don't meet the criteria for farmer, logger or owner/contractor. I further don't meet the rules for snow remover, dealer, repairer or anything else I can find. I've gone through this with the RMV many times and always the result is the same. As far as they are concerned, I am just a silly homeowner/landowner who happens to have a slightly oversized lawnmower... and they don't register or plate lawnmowers.

Dougster

 

[shaley]

Think we have it a little looser here in Virginia
§ 46.2-667. Farm machinery and tractors.
No person shall be required to obtain the registration certificate, license plates and decals, or pay the prescribed fee for any farm machinery or tractor when operated on a highway (i) between one tract of land and another regardless of whether the land is owned by the same person as long as he is engage in operation or monitoring of a liquor still. (ii) to and from a repair shop for repairs of said liquor still.

 

[Dougster]

Think we have it a little looser here in Virginia § 46.2-667. Farm machinery and tractors. No person shall be required to obtain the registration certificate, license plates and decals, or pay the prescribed fee for any farm machinery or tractor when operated on a highway (i) between one tract of land and another regardless of whether the land is owned by the same person as long as he is engage in operation or monitoring of a liquor still. (ii) to and from a repair shop for repairs of said liquor still.

Hmmmmm So maybe I should set-up a liquor still? I'd have to tell the Feds I was making ethanol.

Dougster

 

[biker128pedal]

Fooled me. I almost went out and setup a still. I had to look it up. No distance requirement. I was wondering how far I could go.

 

[LBrown59]

Yep, thats common also. There is a distance restriction involved with "Farm Use", No insurance required

No insurance required

This hain't good ?

 

[john_bud]

You picked up on that too I see. If this isn't proof positive of no original intent (or thought) to include today's compact utility tractors (remembering that all farm equipment... if used on a farm, as defined by the state... is exempt from all of these rules) under these rules, then I am a gosh-darned monkey's uncle!

But back to your legal point: First, is a CUT defined as an "excavating machine" by the DPS? Remember, there is a separate hoister's license category for excavators (Class 2A). I went and got that for later use, but all I needed was a Class 2B. Second, have we been dealing with "overhead hazards" as the state defines them? Is a tree branch really an overhead hazard? And third, provided I don't operate my CUT in a pouring rain storm or during a blizzard, am I okay with the rules?

In other words, I think there is some wiggle room here for us. An exemption (like for farmers) would be great, but 3-dimensional wiggle room is cool too.

Dougster

Dougster,

Well, I don't know anything about your siblings children, so no comment there!

I don't know about hazards, but you are exposed to the elements. Oxygen, Nitrogen, little bit of Helium, some Carbon .... Seems like you may run into some unforseen trouble if you are kept away from that Oxygen stuff for too long. Guess that's their way of limiting your operating time?


I have a Q. A buddy collects logs when a tree service drops trees and the landowner doesn't want them. He has a band saw mill and cuts them into boards for general building and furniture. Depends on the wood, its quality etc. To get the logs, he elevated an I beam 5 1/2' above a trailer on an A frame. The I beam extends about 4' past the end of the trailer. A 1000# capacity chain fall hoist rides on the I beam and is used to pick up the logs and slide them into the trailer. He home built the trailer by the way. Here in Wisconsin, the trailer does not need to be licensed nor registered or inspected and there is no need to get any operational licensing. What would he have to do were he living in the People Republic of Taxachewsits?

jb


P.S. His homebuilt trailer is much better built than nearly all small single axle 5x12' trailers on the market. It helps that he is a certified welder.

 

[Dusty]

I got a Certificate of Origin from my Kubota dealer just for asking. It took about 6 weeks to come from Kubota Corporate to the dealer and then to me.
Dusty

 

[Dougster]

A buddy collects logs when a tree service drops trees and the landowner doesn't want them. He has a band saw mill and cuts them into boards for general building and furniture. Depends on the wood, its quality etc. To get the logs, he elevated an I beam 5 1/2' above a trailer on an A frame. The I beam extends about 4' past the end of the trailer. A 1000# capacity chain fall hoist rides on the I beam and is used to pick up the logs and slide them into the trailer. He home built the trailer by the way. Here in Wisconsin, the trailer does not need to be licensed nor registered or inspected and there is no need to get any operational licensing. What would he have to do were he living in the People Republic of Taxachewsits?

It's a good question. A lot would depend on how much it weighs and how much he loads it up. Suffice to say that assuming it weighs and carries a total of more than 3,000 pounds (i.e., GVWR) he might have to get it inspected first for safety/compliance and he certainly would need to get it registered.

We pay an annual fee based on registered weight... usually the same as GVWR... of I think $12.00 per 1,000 pounds. He might need to get a title for it as well since it is likely well over a 3,000 lb rating. Insurance is only assessed on the towing vehicle, but he would have to declare it to his insurance company anyway and get an insurance stamp for his registration application.

He might also have to pay an annual excise tax although how they would place a value on it is unclear. Maybe some set minimum?

Dougster

 

[Dougster]

I got a Certificate of Origin from my Kubota dealer just for asking. It took about 6 weeks to come from Kubota Corporate to the dealer and then to me.
Dusty

Interesting. The original owner of my tractor never got one. What was the point if he couldn't title or register it either? He just got a bill of sale from the Mahindra dealer... and I got the same from him.

But that is not my problem. If I were a farmer, as the PRT defines same, I could register it immediately with no problem at all. I just don't meet the farm plate requirements.

Dougster

 

[Dusty]

I got the certificate of origin only after I asked for it. It wasn't supplied to the dealer as a regular document that accompanied all machines. My point is that they are available if the original owner should request them.
Dusty

 

[Dougster]

I got the certificate of origin only after I asked for it. It wasn't supplied to the dealer as a regular document that accompanied all machines. My point is that they are available if the original owner should request them.
Dusty

Understand now. This is good to know. Thanks for the info!

Dougster

 

[LBrown59]

I hear you Mad. May sound funny, but I'm as concerned about it as you are. New Hampshire is the last bastion of reason and sanity in the Northeast and
it is sad and ironic that those who can no longer afford the results of PRT socialism and unchecked political corruption are forced to move North... and then bring the socialist ideas and spending practices with them! Holy Cow!!!

I was sad to see your most recent election results. Fortunately, you still have a *LONG* way to go before one party rule (and all that means) comes to your fine state.

Dougster

It's nuts too: How can you get away from it by taking it with you?

 

[johnk]

Here is a link to the New York State Tractor laws. Everything is probably great until you are in an accident and then there is that GREY area. It doesn't say anything about registration, insurance or what its being used for just what needs to be on the equipment etc. At least thats what I got out of it. See what you think...

NASD: Roadway Safety: Lighting and Marking of Agricultural Equipment

 

[Timber]

If you have a car registered in you name anything you drive is insured.It will not replace you uninsured/unregistered vehicle but it will cover whoever you have an accident with If you get in your Buddy's car and wreck it It is you insurance company that pays not the insurance on you Buddy's car. I would contact my insurance agent on what you legally have to do about an accident involving your tractor. Your utility trailer has no insurance but it is covered in an accident.
By the way I have lived all over the US and I love Massachusetts regardless of what ever you Ma haters think. I don't see any border crossings on the state lines keeping anyone from leaving

 

[jbrumberg]

Timber:
Dougster is trying to obtain registration and a license plate to allow him to drive his tractor on his local roads. I believe that most of us have sufficient insurance coverages to handle our personal and property liablility. The Massachustts Motor Vehicle General Laws are incredibally restrictive when it comes to someone using their tractor on the local roads. Occasionally I "need" to run down the road to help someone out- I am fortunate for where I live in Western MA. Jay

 

[Dougster]

Timber: Dougster is trying to obtain registration and a license plate to allow him to drive his tractor on his local roads. I believe that most of us have sufficient insurance coverages to handle our personal and property liablility. The Massachustts Motor Vehicle General Laws are incredibally restrictive when it comes to someone using their tractor on the local roads. Occasionally I "need" to run down the road to help someone out - I am fortunate for where I live in Western MA. Jay

Exactly right. My problem has nothing to do with extended applicability of personal auto insurance, liability coverage or having accidents. This is all about obeying state law in regard to the operation of tractors on public roads, whether insured or uninsured.

I'm just looking for a way I can *legally* operate my tractor on public roads within my extended neighborhood of about 72 homes. I may loosely qualify under the 300 yard "industrial use" provision of the law (Chapter 90, Section 9), but I doubt a cop would ever buy that if it was in response to a neighbor's noise or nuisance complaint.

For whatever reason, we *non-farming/non-logging* compact utility tractor owners happen to fall through the cracks of current Massachusetts law and RMV implementing rules governing the ability to obtain special vehicle plates.

Dougster

 

[Dusty]

I am certain that if you contact your local State Representative or Senator, he will be more than willing to sponsor a bill to allow what you want to do and to put a hefty fee along with it. They never give up an opportunity to help a citizen if there is more money for the state involved.