So I got pulled over....

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Wormydog1724

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How do I "prove" that's its primarily used on a farm?

Getting pulled over in my farms driveway with farm **** in the back and wearing boots and pliers isn't enough? And it being June which is wheat harvest in OK and this particular vehicle is our farm service vehicle isn't enough? Or having bale spikes and feeding cattle all winter and getting pulled over with a bale on the spikes isn't enough to prove itsa primary use is on the farm? Or that I haul wheat seed from Stillwater and I drive it to the farm and get up cattle with it and haul hay with it isn't enough?

Proving it to a judge isn't hard, proving it to a bored police office that was bored and needed to flex nuts is a little harder. Been there. Done that.
 

liliysdad

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How do I "prove" that's its primarily used on a farm?

Getting pulled over in my farms driveway with farm **** in the back and wearing boots and pliers isn't enough? And it being June which is wheat harvest in OK and this particular vehicle is our farm service vehicle isn't enough? Or having bale spikes and feeding cattle all winter and getting pulled over with a bale on the spikes isn't enough to prove itsa primary use is on the farm? Or that I haul wheat seed from Stillwater and I drive it to the farm and get up cattle with it and haul hay with it isn't enough?

Proving it to a judge isn't hard, proving it to a bored police office that was bored and needed to flex nuts is a little harder. Been there. Done that.


No, its not enough. How do you quantify primarily? 51% of the time? 75% of the time? I am not going to conduct an investigation as to the ratio of time spent for farm use vs. personal use over a seatbelt citation. if you feel you have been wronged, plead not guilty, and produce documentation stating you are within the parameter of the law.

Farm tags mean nothing, its a contract between you and the Oklahoma Tax Commission. I truly wish the state would remedy this. There are a couple of ways of doing this, the easiest way would be to repeal the seatbelt law, but thats not going to happen. They could tighten up Farm Tag issuance guidelines, and require the holder produce some sort of proof the vehicle meets the criteria as "primarily" before issuance.
 

liliysdad

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Dustin, you are correct. The burden is upon the state. It is the opinion the courts I deal with that the use of upon city, county, state, or federal roadways for use of any manner not directly related to the farm is a violation of this statute. I have seen the "bale of hay" and "bucket of feed" ruse used a hundred times, and it does not wash, unless you can produce some other form of proof you were doing something farm related, and farm related only. No church trips, stopping at the kwik-serve, running to get a haircut, etc.

(In seven years, I have never had to deal with his in court, even though I work in a largely agrarian community. All information I have related is from witnessing court proceeding from other officer's citations. I dont think I have even written a seatbelt cite in at least two years.)
 

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