Farmer challenges farm plate restrictions

Tuesday, January 19, 2010

© AgMedia Inc.

by SUSAN MANN

Ministry of Transportation rules prohibiting farmers with farm-plated vehicles from hauling other growers’ commodities for commission except for three months in the fall don’t make sense, says David Rhyner.

The northwestern Ontario farmer says there are lots of small farmers in his area who can’t afford their own truck and trailer to haul cattle to the Winnipeg market, the only market for the area and a four-hour dive away, once a year.

 “We’re in such a small agricultural area here,” he says. His farm is located in Dryden, half way between Winnipeg and Thunder Bay.

Rhyner has a truck and trailer to do the job. On the return trip, he’d like to be able to bring back products, such as supplements, feed, salt, and other farm supplies, for others and get paid to reduce his costs. But ministry rules, in place since 1982, stipulate he can’t do that for commission except in September, October and November. Farmers can still truck commodities for other farmers outside of those months but they can’t get compensation.

“I have to pay for this rig that I have somehow,” he says.

Rhyner and other farmers in the area calve their cows in June, July and August with animals ready for market in spring. Under the rules it’s illegal for him to charge to take other farmers’ cattle to market along with his own in the spring. It’s also illegal for him to charge for hauling a cow to a local butcher or community pasture except during the fall months.

Emna Dhahak, spokesperson for the Transportation Ministry, says in an email that farm plates are available to farmers at a reduced fee because of use restrictions. The ministry allowed farmers to charge other growers for trucking during the fall to assist the farming industry during peak harvest.

The ministry charges an annual commercial plate fee of $109 for 3,001 kgs to $2,722 for 63,500 kgs. For farm-plated vehicles the fees range from $81 for 3,001 kgs to $641 for 63,500 kgs.

Peter Jeffery, Ontario Federation of Agriculture researcher, says it’s really hard for ministry officials to prove that a farmer is getting paid to transport another farmer’s commodities, making the requirement “really impossible to enforce.”

Jeffery says so far the Federation hasn’t had any success convincing the ministry to broaden the three month limit “even though it doesn’t fit with a lot of harvesting issues.” The Federation offers a fact sheet on trucking rules.
 
Grant Robertson, Ontario coordinator for the National Farmers Union, says his organization plans to look into the matter. He says he’s never heard of this rule: “I know all kinds of people who do this.”

Henry Stevens, president of the Christian Farmers Federation of Ontario, hasn’t heard of the regulation: “Nobody has ever contacted our office to see if we have a position on it. But we are going to look into it.”

Once a truck and trailer’s combined gross weight exceeds 4,500 kg it’s automatically designated commercial, even if it has farm plates, and is therefore required to obtain annual safety inspections. Correction: According to the ministry, farm-plated trucks more than 4,500 kg, or farm-plated trucks and trailers with a combined gross weight of more than 4,500 kg, are not designated commercial but are required to undergo an annual safety inspection.

Rhyner says his farm pick up and 24-foot stock trailer are not commercial because he has farm plates and should therefore be exempt from the mandatory inspection. He says he’s been avoiding these for more than two years “trying to get a ticket so this (situation) can be hashed out.”

He finally obtained one in September 2009 while driving 20 of his neighbour’s feeder calves to Stratton outside of Fort Frances. He received the $240-ticket under the Commercial Vehicles Act at a Transportation Ministry check stop outside of Fort Frances.

He plans to plead not guilty when the matter comes up in court Feb. 12 in Fort Frances. “Since I can’t haul for a commission, I do not think of myself as being commercial and this is a commercial traffic act ticket.” BF