michigan agriculture
Is a dump truck an implement of husbandry in Michigan?
<p>I apologize if the question is too specific but I can't find any good information on the web.</p>
<p>I'm am curious about what exactly is considered an &quot;implement of husbandry&quot;.</p>
<p>MCL 257.21 states:
&quot;Implement of husbandry&quot; means a vehicle or trailer in use for the exclusive function of serving agricultural, horticultural, or livestock operations. Implement of husbandry includes a farm tractor, self-propelled application-type vehicle, farm wagon, farm trailer, a vehicle or trailer adapted for lifting or carrying another implement of husbandry being used in agricultural production, or any substantially similar equipment used to transport products necessary for agricultural production.</p>
<p>So is a dump truck transporting product considered an implement of husbandry?</p>

<p>It's a stretch. It would have to be plainly clear that the truck is <em>only</em> used as farm equipment on a farm.</p>
<p>&quot;for the exclusive function of&quot; means &quot;only&quot;.</p>
<p>What will be relevant at a traffic stop will be whether the facts on the ground paint a picture that matches up to that usage.  You claim it's only used for farm use.  You claim you're using it for farm use right now.  <em>It's full of grain</em>.  You can recite from memory the name of the grain elevator and the location of the farm. You are in fact on an appropriate road between your farm and the grain elevator.</p>
<p>Keep in mind you may be dealing with the Commercial Vehicle Enforcement Division of the Michigan State Police. They deal with commercial vehicles (like that dump truck is the rest of the time) and they get to ask a lot of pointed questions and you have to answer them.  CVED is looking for civil infractions whose penalty is fines or impoundment, and the 5th Amendment only works on <em>incrimination</em> whose penalty is jail or death.</p>

<p>There are legitimate arguments both ways. A court would have to apply the facts to the law in the context of a particular case and make a decision.</p>
<p>A dump truck could be an implement of husbandry, in principle, but only if it is used in that fashion.</p>
