Reminder: SMV Law Changes Go Into Effect Today

Message from NY Farm Bureau

Last year, the slow-moving vehicle (SMV) law was updated to reflect improvements in agricultural technology and change the speed at which a SMV may travel. These changes go into effect today, June 26, 2019. NYFB has been working with the Department of Motor Vehicles (DMV) to address questions and issues regarding these changes.

Please see below a summary of the changes to the SMV law:

SMVs include tractors, self-propelled agricultural equipment, road construction and maintenance machinery, and animal-powered vehicles. These changes include requiring a speed identification symbol (SIS) and a SMV emblem on SMVs that can travel over 25 mph, but under 40 mph. Similar to the SMV emblem, the new SIS will conform with the design and specifications recommended by the American Society of Agricultural and Biological Engineers. SMVs that can only travel up to 25 mph will still only need a SMV emblem. If an agricultural tractor is designed to operate at a speed greater than 25 miles per hour, but less than 40 miles per hour and being operated on a road at a speed greater than 25 miles per hour, the operator must have documentation indicating the maximum speed of that tractor. The law states that if an agricultural tractor that is designed to operate at a maximum speed between 25 and 40 mph, is towing a unit of machinery, and is operating between 25 and 40 mph, then the farm machinery must display the same SIS as the tractor. The DMV has contacted retailers and manufacturers about obtaining the appropriate SIS so that they are available for farmers, but NYFB has been told the SIS might not be available at the retailers yet.

For more information, click here for the press release from the DMV.

Below are some questions posed by NYFB members and answers from DMV:

Q: Where will we be able to purchase the SIS and will we have enough time to purchase them and have them mounted on the SMVs by the June 26, 2019 deadline?
A: Most of the current units of farm machinery, implements of husbandry and other machinery including road construction and maintenance machinery which are capable of traveling above 25 mph but below 40 mph are being shipped from the manufacturer with the SIS already affixed to the tractors and equipment. The DMV has been advised that the speed identification symbols being affixed by the manufacturers are in compliance with the American Society of Agricultural and Biological Engineer (ASABE) standards. For units of farm machinery, implements of husbandry and other machinery which are capable of traveling at speeds greater than 25 mph but less than 40 mph that currently do not have a SIS affixed, the DMV has been advised that various retailers are in the process of obtaining aftermarket speed identification symbols for sale and distribution which are in compliance with the ASABE standards.

Q: What type of documentation from the manufacturer is sufficient to indicate the maximum speed and can it just be in the tractor or does it have to be with the operator of that tractor?
A: According to the New York State Police, the farm machinery, implement of husbandry and other machinery including road construction and maintenance machinery should have a specification or a line sheet supplied by the manufacturer rating it for a top speed. A copy of the specification or a line sheet should be kept in or with the unit of farm machinery, implement of husbandry or other machinery. It is also advised to keep a copy at your home, office or farm.

Q: Do ATVs, UTVS and vehicles towing boats need to display a SMV emblem and a SIS?
A: An ATV or UTV which has been designed or adapted exclusively for agricultural operations and which is used exclusively for agricultural purposes will be considered a farm vehicle or agricultural equipment and will be subject to all of the same laws, rules and regulations of farm vehicles and agricultural equipment, including the need to display a SMV or SIS. The use of a SMV or SIS also applies to skid steer loaders, wheel loaders, backhoes, and similar situated equipment which is used exclusively for agricultural purposes. This does not apply to vehicles towing boats.

Please Note: An ATV or UTV which is not designed or adapted exclusively for agricultural operation and which is not used exclusively for agricultural purposes is not considered a farm vehicle or agricultural equipment and is prohibited, in most cases, from being operated on public highways.

Q: What if the tractor can operate up to 40 mph and the unit of farm machinery it is towing can only operate up to 25 mph; does the unit of farm machinery also require a SIS with the 40 mph on it?
A: The DMV defers to law enforcement and the courts for interpretation of this law. Please contact your local law enforcement agency for more information regarding the use of a SIS in this situation.

Q: If a tractor which can operate at a maximum speed of 35 mph and towing an unit of farm machinery, breaks down and I exchange it with a different tractor which can operate at a maximum speed of 30 mph, do I now have to change the SIS on the unit of farm machinery to 30 mph?
A: The DMV defers to law enforcement and the courts for interpretation this law. Please contact your local law enforcement agency for more information regarding the use of a SIS in this situation.

NYFB will continue to share information with members as it becomes available from DMV. If you have any questions or concerns, please feel free to reach out to NYFB staff, Renée St. Jacques at rstjacques@nyfb.org or 518-436-8495.