Ag use ATV upon a highway

[BT JUSTICE]

Retired LEO and recovering CHP here. I have a small ranch and registered my ATV as a farm implement. It doesn't go off road in the OHV parks anymore, and the SE plate is cheaper than a green sticker. The title says "farm implement", and it has a reflectorized SE license plate.

Can anyone tell me what section I'd be violating if I drove it upon a public road to get fuel, borrow a tool from a neighbor, carry a sack of grain to another parcel, etc?

I had a current CHP acquaintance tell me he'd cite me and have it towed if he caught me " cuz it's illegal unless you own multiple farms", but I cant find any section that says it is or isn't illegal.

I know when I was on patrol, I'd never stop a guy on a tractor unless he was doing something dangerous or stupid, and every day you see a loader or a backhoe (or a combine or baler etc) driving slow on the shoulder and nobody cares.

Also, do I have to wear a DOT hemet, and if so, what section would I get cited for if I didnt? Its titled as a "farm implement", and farmers dont wear helmets on their tractors.

Somebody's gotta know, otherwise I'll have to see what gets written on a "Notice To Appear"....

[LtJim]

Now let me get this straight---A current Peace Officer, says he is going to cite and tow a vehicle from a retired Peace Officer because the retired Peace Officer does not own multiple farms due to an obscure possible registration violation?

First off- Let's get real - Cop citing Cop for this? You gotta be kidding? Cop citing anybody on Farm equipment trying to earn a living???---OMG!!!! Is crime that slow in Calif????

Second - Did the Cop who wants to cite you quote you the Sections of the VC? Probably not, because he does not even know them.

Thank God I'm retired!!!!! If I saw that cite come across my desk for approval back in the day -- That Officer would be walking a foot beat in a cornfield to be sure all rows were perfectly aligned as to not obstruct any possible pedestrian right of way!!!!

There's a Barney Fife on every Department!!!

[pterrell]

Wow... Blue Falcon much? I wish I had that much free time on my hands...

[BT JUSTICE]

The guy is kind of a wet blanket. I think he'd write his mom for 5 over, but when I left CHP, that was the kind of guy they wanted. Quantity, not quality.

[BT JUSTICE]

36005(p)VC defines an ATV used for agriculture as an "implement of husbandry". Certain vehicles have restrictions about when they can be operated upon a highway, but I can't find anything stating an " implement of husbandry" can or cannot be operated upon a highway.

Since I'm on this guys list, I really want to have my t's crossed BEFORE he signs me up for Lord-knows-what.

[FLIGHT762]

Here's a PDF explaining some of the "Implements of Husbandry" :https://www.cfbf.com/cfbf/_documents/agequipment.pdf

I'm not completely sure, but I believe your ATV may not be covered on incidental moving on a highway as an Implement of Husbandry from what I read from The description of an Implement of Husbandry.

I believe If your ATV doesn't meet the requirements of an Implement of Husbandry, you may be subject to sections, 4000(a), 38505/27802 and 38025 CVC. from your CHP nemesis from operating your Farm ATV on a public roadway.

I hope this helps you.

[BT JUSTICE]

Thanks for your help everyone. I know the ATV was added in 2011 and UTV (Rhinos, Rangers, Mules, etc.) were added in 2013. The farm bureau document appears to have been created in 2000, so I'll call them tomorrow. The legislature doesn't add these things on their own, and some farmer lobbyist group had to push it through. I can't be the only one who doesn't want to load and unload my ATV at each orchard/pasture/pizza parlor.

Here's the text from DMV, and the reason I was able to get the SE plate instead of a green sticker:

http://www.dmv.ca.gov/portal/dmv/detail/pubs/vctop/vc/d16/c1/36005

Am I reading this wrong, or is my ATV a farm tractor?

[LtJim]

Was thinking more on this---you should definitely take the time to document and expose this individual to "The California Highway Patrolman" Magazine, in the letters to the editor. You do not need to mention him by name, but you can sure mention the assigned station. Word travels quick. Peer pressure is a powerful tool. Do you really think the Command Staff and the Commissioner would approve of this?? NOT!

The CVC Code Sections are immaterial. In week 1 of every Academy in the State, Officers are indoctrinated with CPC Sec 4. Letter of the Law vs Spirit of the Law.

[BT JUSTICE]

It may come to that. He and I went to the same academy, but maybe he missed that one. It's really too bad that the CHP emphasizes quantity of tickets verses quality of service.

I mentioned in another thread how the motor slugs who write a dozen chicken tags for seatbelt/5 over/carpool are the Golden Boys for their stats, despite the fact that they dodge TCs and disappear for the rest of their shift, while the guy who totals 5 good tags, 5 verbal warnings and 5 TC reports for the day is told to "pick up your enforcement activity". That never happened at the department I lateraled to. Sigh.

[IrishJoe3]

Dude. You clearly left on bad terms. That's unfortunate.

[BT JUSTICE]

It is. Of course, right after I left, you got 12 hour shifts and a big raise. The schedule was a bigger reason for me to leave, as the 5/8 was driving me nuts. The department I lateraled to had 4/10 and unlimited OT. I could literally call my Sgt at any time, take off as much time as I had in the bank and they'd page out OT for someone to fill my shift. Those were the good ol days!

[FLIGHT762]

Here's the text from DMV, and the reason I was able to get the SE plate instead of a green sticker:

http://www.dmv.ca.gov/portal/dmv/detail/pubs/vctop/vc/d16/c1/36005

Am I reading this wrong, or is my ATV a farm tractor?

The way I read 36005, section (p) includes ATV's that are used exclusively used in agricultural operations. Since you have it SE plated, I believe it qualifies.

Now, I guess the issue is using the ATV on the public roadway for what you described as errands, rather than moving the Farm equipment on public roads to adjacent fields for Farming purposes. That's where the issue might be, I'm not sure if you could drive you Tractor / Harvester / Hay baler to the local Pizza parlor for lunch. I'll have to try to find a section that defines the uses on roadways.

[asphaltcowboychip]

Usually implements of husbandry require the orange triangle attached to the rear. With an implement of husbandry you can traverse highways as long as you are "going from one property to another" there is a distance as far as miles that you have to stay within.