The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6614

March 20, 1990

AGRICULTURE:

Trucks used by agricultural suppliers

ROADS AND HIGHWAYS:

Trucks used by agricultural suppliers

Lime used for fertilizer is not an agricultural commodity within the meaning of section 720(6) of the Michigan Vehicle Code. Thus, trucks used by agricultural suppliers to deliver and apply lime to farmers' fields do not fall within the exemption established by section 720(6) of the Michigan Vehicle Code and, accordingly, must comply with the load covering requirement of section 720(3).

Honorable Glenn Oxender

State Representative

The Capitol

Lansing, MI 48913

You have requested my opinion on the question of whether balloon-tired trucks of agricultural suppliers fall within section 720(6) of the Michigan Vehicle Code when delivering lime to be applied by the trucks to farmers' fields.

Section 720(6) of the Michigan Vehicle Code, as recently amended by 1989 PA 37, MCL 257.720(6); MSA 9.2420(6), provides:

"Subsection (3) [MCL 257.720(3); MSA 9.2420(3) ] shall not apply to a person operating a vehicle to transport agricultural commodities in the normal operation of a farm. However, a person operating a vehicle to transport agricultural commodities in the normal operation of the farm who violates subsection (1) or (4) is guilty of a misdemeanor and shall be subject to the penalties prescribed in subsection (9)."

Subsection (3), to which this exemption applies, states:

"(3) A vehicle carrying a load, other than logs or tubular products, which is not completely enclosed shall meet either of the following requirements:

"(a) Have the load covered with firmly secured canvas or a similar type of covering. A device used to comply with the requirement of this subdivision shall not exceed a width of 108 inches nor by design or use have the capability to carry cargo by itself.

"(b) Have the load securely fastened to the body or the frame of the vehicle with binders of adequate number and of adequate breaking strength to prevent the dropping off or shifting of the load."

With regard to the hauling of lime to be spread upon farm land, this would require that the truck be enclosed or the load be covered with a firmly secured canvas or similar covering, unless the exemption applies.

As subsection (3) indicates, to qualify for the exemption, the vehicle must be transporting "agricultural commodities." That term is not defined by the Michigan Vehicle Code; accordingly, its meaning must be found elsewhere.

Insofar as agriculture is concerned, Webster's New Collegiate Dictionary (1974), defines "commodity" as a "product of agriculture ...." Black's Law Dictionary, (5th ed, 1979), defines "agricultural commodities" as "generally synonymous with agricultural or farm products, and not including agricultural implements. ..."

An agricultural "product" is something produced by the agricultural activity. The lime to which your question refers is not the product of agriculture but is in the nature of fertilizer to aid in the production of agricultural commodities.

An issue very similar to the one you raise was decided by the Indiana Supreme Court in Stiver v Holley, 215 Ind 9; 17 NE2d 831 (1938). The Court ruled that crushed and powdered limestone and other materials used for fertilizer were not "agricultural commodities" within the meaning of an Indiana statute exempting certain trucks from the requirement to obtain a permit from the Public Service Commission. The Court noted that the term "agricultural commodities" refers to the products of agriculture, a definition which does not encompass limestone.

It is my opinion, therefore, that balloon-tired trucks, used by agricultural suppliers to deliver and apply lime to farmers' fields, do not fall within the exemption established by section 720(6) of the Michigan Vehicle Code and, accordingly, such trucks must comply with the load covering requirement of section 720(3).

Frank J. Kelley

Attorney General