At Genera Energy Inc. a key factor in our proprietary Supply ASSURE™ system is the safe and efficient transportation of the biomass energy crop.  Thousands of tons of biomass will be transported along state and federal highways each year.

There are three basic areas when reviewing commercial motor vehicle (CMV) regulations:  state laws, federal laws and safety regulations.  These are intended to ensure safety for drivers as well as the public.  It is important to know and understand what laws effect the transportation of biomass because failure to comply may be costly. The U.S. Department of Transportation under the Federal Motor Carrier Safety Administration (FMCSA) governs the federal highways.  The primary focus of the FMCSA is to reduce crashes, injuries and fatalities involving large trucks.  Regulations govern the driver, the truck weight, length and width and the materials being transported.

First and foremost you should ensure that each driver has the proper commercial driver’s license.  Federal law requires all drivers of a CMV in interstate commerce to hold a Commercial Driver’s License (CDL).  The minimum age to apply for a CDL is 21 years of age.  Some states allow drivers 18 to 20 years of age to apply for a CDL, but that is valid only within the driver’s state of residence until the age of 21 at which time the license may convert to a 50 state CDL.  Most CDL require proof that they are physically fit to drive.  A medical certificate must be filled out by a medical professional with a copy provided to the state Department of Motor Vehicles.  An employer may be subject to penalties up to $10,000 for knowingly permitting a driver to operate a commercial motor vehicle without a valid CDL.

Feedstock like switchgrass is generally transported from the farm to a storage or processing facility in bales on flat bed trailers.  Under the FMCSA, cargo must be firmly immobilized on the carrier with sufficient tie downs for the load.  When cargo, such as bales, are loaded next to each other, the restraints should be positioned to prevent shifting.  These regulations are designed to increase the public safety by decreasing the chance of bales falling off the trailer.  The FMCSA publishes a driver’s handbook for securing cargo.  In reality, the transportation of bales of feedstock are generally for short distances and within state borders. Therefore, it is important to verify that state’s regulations.  State requirements may be more or less stringent, but at minimum the federal standards should be adhered to.

Any vehicle hauling loose material, such as chopped or processed biomass, should have the biomass in an enclosed space or cover by a tarpaulin.  For example, the general rule under Tennessee law for any truck with an open bed, shall be loaded so that any material remains at least 4” below the sides of the bed.  This is measured at the front, back and sides.  Basically, you should always prevent any part of the material from blowing off the vehicle.

The Department of Motor Vehicles in each state and the FMCSA have excellent resources for information on highway and driver regulations.  Genera Energy Inc. is committed to the safety of our employees, contractors and the community.  We believe that compliance with the legal requirements of transporting biomass feedstock is critical and we strive to protect the safety of the public highways.

By: Julie Anderson, Legal Business Analyst