By: Nathan Severson

A Crash Is a Crash-No Matter What Exemptions Apply

North Dakota’s harvest season often overlaps with the beginning of winter driving. That’s when we see an uptick in crashes involving farm trucks, machinery, implements, or seasonal haulers.

When someone is seriously hurt by a farm truck, I often hear:

“They’re exempt from the rules.”
“They didn’t need a CDL.”
“They didn’t have to follow federal trucking laws.”

But here’s the truth: even if federal trucking regulations like the FMCSR don’t apply, the duty to drive safely still does. And if someone is injured or killed because a vehicle wasn’t safe and/or driven safely, the driver wasn’t trained or supervised properly, or precautions weren’t taken for icy roads or long hours, the responsible parties can be held accountable even with exemptions that apply.

Agriculture Exemptions Don’t Equal Immunity

Some farm operations qualify for exemptions under the Federal Motor Carrier Safety Regulations (FMCSR), including:

  • Hours of Service – Exempt within 150 air miles of the farm (49 CFR § 395.1(k))
  • CDL Exemptions – Some farm-plated vehicles don’t require a CDL
  • Inspection, Maintenance, and Drug Testing – Requirements may be reduced or waived in some ag situations

But these exemptions don’t excuse dangerous or negligent behavior. In fact, under North Dakota law, a farm truck driver must still operate safely, and a farm motor carrier must still use reasonable care in putting a driver behind the wheel.

Real-World Example: Harvest Meets Winter

Imagine this scenario:

A sugar beet truck slides through an icy intersection and slams into a car, seriously injuring the driver. It turns out:

  • The truck was overweight
  • The driver had no commercial driving experience
  • No one verified whether he’d ever driven in snow
  • The vehicle had worn-out tires and bad brakes

Now suppose the trucking operation says:

“We didn’t need a CDL under the farm exemption.”

That might be true. But that doesn’t protect them from a negligence claim.

Negligence law looks at whether a reasonable person or business would have:

  • Properly trained the driver
  • Checked weather and road conditions
  • Ensured the truck was properly maintained
  • Limited driving hours to avoid fatigue
  • Rejected dangerous routes during freezing conditions

If the answer is no, then liability exists,exemption or not.

For Crash Victims and Their Families: What to Know

If you were hit by a farm truck, don’t assume they’re off the hook just because they claim an agriculature exemption.

You may still have a case if:

  • The driver was untrained or unsafe
  • The truck was poorly maintained
  • The company or farmer ignored obvious safety risks
  • Weather conditions weren’t accounted for
  • The operation cut corners because it was “just seasonal work”

At SW&L Attorneys, we investigate these crashes deeply. We know how to look beyond the surface-level defenses.

If you or your family are reading this because a tragedy struck involving a commercial motor vehicle or farm truck, it is very important you hire an attorney who knows trucking industry standards, laws and regulations. Our personal injury team at SW&L Attorneys understands, knows, and handles all trucking and commercial motor vehicle accidents. To get in touch with our team, call (701)297-2890, or email [email protected].

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