OAR 735-048-0030: Need for Vehicles Used in Conjunction with a Farming Operation

(1) For a vehicle to be considered needed in conjunction with a farming operation for purposes of farm registration, the Department will consider: (a) Annual or quarterly yield of agricultural commodities, agricultural products or livestock; (b) Design, capacity and use of vehicles in direct relationship to the agricultural commodities, agricultural products or livestock produced or raised; or (c) Incidental factors such as distance to market, frequency of harvest, and volume of crops or livestock ready for market at a given time. (2) The Department, in determining if a vehicle(s) is needed in the farming operation, will consider only the need that is directly related to the farmer’s own farming operation. Examples of how this section applies include, but are not limited to, the following: (a) Transportation of agricultural commodities raised on a farmer’s own farm and transportation of supplies used or consumed on a farmer’s own farm may be considered in determining need; (b) Transportation of straw baled by the farmer but which originated on other than the farmer’s own farm or on land not under written lease to the transporting farmer will not be considered in determining the need for a vehicle; (c) Transportation under a permit issued under ORS 825.024 will not be considered in determining the need for a vehicle. (3) For vehicles having a combined gross weight of 26,001 pounds or more or which are operated in combinations of four or more axles (other than a pickup truck), the annual yield of agricultural commodities, agricultural products or livestock of the farming operation at a minimum must be sufficient to fill each vehicle to registered capacity at least once annually. (4) A Special Use Vehicle used in conjunction with the farm but not for the transportation of agricultural commodities, agricultural products or livestock (e.g., tank truck used only for water) is exempt from the requirements provided by this rule if the farmer has submitted a Special Use Vehicle application form and it has been approved by the Department.