LB 200 & 273

Senator Erdman, Senators of the Committee on Agriculture

My name is Roger Hoy. I am a Professor of Agricultural Engineering in the Department of Biological Systems Engineering at the University of Nebraska. I presently serve as the Director of the Nebraska Tractor Test Laboratory. The Board of Regents has not taken a position on either of these bills so the University of Nebraska neither supports nor opposes either bill. My testimony here today is my own; however, it has been reviewed and is supported individually by the faculty and professional staff associated with the Nebraska Tractor Test Laboratory.

The Nebraska Tractor Laboratory has a long history dating back to 1920. The laboratory exists because of a Nebraska law passed in 1919, which in essence requires a representative model of a tractor to be tested and the manufacturer's representations verified before the model can be sold in the state.

The cost of tractor testing and the operation of the tractor test laboratory are paid for by the tractor manufacturers and no taxpayer dollars are used to subsidize the operations of the tractor test laboratory.

Performance testing today consists of: 1) measuring the amount of power provided by the tractor's power take off (PTO). The PTO is a coupling, normally at the rear of the tractor that provides power through a rotating shaft to some agricultural implements such as rotary cutters, hay balers, grain augers, etc; 2) measuring the amount of tractive or pulling power a tractor can provide through the drawbar. This test is only applied to tractors of more than 100 PTO hp unless specifically requested by the manufacturer. This test measures the ability of the tractor to pull implements requiring significant tractive power such as those used for tillage; 3) measuring the three-point hitch lift capacity. The three point hitch provides a method to mechanically attach agricultural implements to the rear of the tractor and allows the tractors hydraulic system to be used to raise and lower the implement; 4) measuring the remote hydraulic performance. Tractors normally have one or more remote hydraulic ports that allow implements to receive hydraulic power from the tractor. This hydraulic power may be used to drive hydraulic cylinders and motors mounted on the implement. Additionally, tractors undergo a sound test that documents the sound level at the operator ear and the sound level to which a bystander is subjected to as the tractor travels past.

The law originally applied to all tractors. But in the late 1950's and early 1960's, the law was changed to apply only to agricultural tractors and to exempt tractors less than 20 hp.

The law was again changed in 1986. This change was made to recognize additional testing of tractor models by the manufacturers at OECD (Organization for Economic Cooperation and Development) tractor test stations worldwide. The United States became a full participating member in the OECD tractor test scheme and through reciprocity, official OECD test reports from other OECD test stations were acceptable in lieu of the test being completed here in Nebraska.

The Association of Equipment Manufacturers (AEM), a North American based international trade association representing tractor manufacturers and other manufacturers of agricultural and construction-related machinery, has been designated by the US Department of Commerce as the body responsible for OECD testing of tractors in the US. The Nebraska Tractor Test Laboratory, by way of a Memorandum of Understanding between AEM and the Board of Regents of the University of Nebraska is designated as the official OECD tractor test station for the US.

In 1989, the law was last changed to exempt tractors less than 40 hp.

A procedural change occurred in 1998 following discussions initiated by Senator Dierks, then Chair of the Committee on Agriculture. For tractors less than 100 PTO hp, drawbar tests would no longer be required to obtain a permit to sell in Nebraska as these tractors were not commonly used primarily for heavy drawbar work. However, PTO performance, lift capacity, hydraulic flow and power, and sound level were deemed very important to the farmer and would continue to be tested for tractors less than 100 hp. This change reduced the test time and cost by approximately one-half to the manufacturers while providing protection to the farmer. Manufacturers still have the option of completing a full test for these tractors. This option is often exercised by some manufacturers as it allows the tractor to receive an OECD test approval.

Over the years, other procedural changes have occurred through Nebraska Tractor Test Board Actions to account for improvements in tractor technology and to reduce the testing burden on manufacturers while maintaining protection for tractor buyers. Testing of only the most common transmission option sold in Nebraska is one such recent example.

It is clear that the while the purpose of the existing law is to protect buyers of agricultural tractors from fraudulent performance claims, the role of the NTTL has evolved over the years not only to satisfy the law but also to support a program that provides accurate, unbiased information that is used by manufacturers to market their tractors and compare with their competitors and help tractor users select a tractor that meets their needs. The Nebraska Tractor Test Law is therefore relevant to all consumers, not just those in Nebraska.

Some have suggested that conditions today are more similar to those that existed in 1919 than at any other time in the intervening years as the market is currently experiencing a proliferation of new tractor manufacturers, primarily from Asia, that have not yet demonstrated the high standards of performance farmers have come to expect from established manufacturers. An argument that has been made by proponents of a higher power threshold for the law is that tractors below 60 or 100 hp are not actually agricultural tractors and should therefore not be subject to the tractor test law. In preparation for this testimony, I have looked at various definitions for agricultural tractors found in test codes, governmental regulations, and consensus based standards. These sources are most appropriate as the definitions developed are determined by experts from industry and government, consumers, and other interested parties using open and transparent processes. In the case of consensus based standards, any interested party may participate in the standards development and approval process.

ANSI/ ASABE Standard S390.4 provides detailed information of tractor definitions including a general definition for agricultural tractors and sub-definitions for twelve specific types of agricultural tractors representing all known uses. The basic definition of an agricultural tractor is:

A traction machine, intended primarily for off-road usage, designed and advertised primarily to supply power to agricultural implements. An agricultural tractor propels itself and provides a force in the direction of travel and may provide mechanical, hydraulic and/or electrical power to agricultural implements to enable them to perform their intended functions.

While you may have heard the term "Utility Tractor" used to describe tractors under 100 hp, there is no definition for this term found in this standard or in any other standards that I am aware of meaning that there is no consensus for this term. Indeed, when I participated in the S390.4 standards development project, there was no request or discussion regarding this term. There is; however, a definition for "Compact Utility Tractors" which limits these tractors to under 40 hp. As this standard was most recently revised in 2005, it clearly represents the US national state-of-the-art.

OECD Code 2, which the Nebraska Tractor Test Laboratory uses for most performance testing, defines an agricultural tractor as:

Self-propelled wheeled vehicles, having at least two axles, or with tracks, designed to carry out the following operations, primarily for agricultural and forestry purposes:
- to pull trailers;
- to carry, pull or propel agricultural and forestry tools or machinery and, where necessary, supply power to operate them with the tractor in motion or stationary.
This definition, while simpler than that found in ASABE is similar and also notes specifically stationary operations. OECD Codes are reviewed formally on an annual basis so this definition represents the current international state-of-the-art.

Finally, OSHA defines an agricultural tractor as follows:

Agricultural tractor" means a two or four-wheel drive type vehicle, or track vehicle, of more than 20 engine horsepower, designed to furnish the power to pull, carry, propel, or drive implements that are designed for agriculture. All self-propelled implements are excluded.
This OSHA definition has been in force since 1975 and since adoption, no rule making or requested rule making has suggested that this definition is not correct or adequate. The OSHA standard containing this definition was most recently revised in 2006 so it can be assumed that this definition is also accurate and accepted.

Quite clearly, tractors equipped with three point hitches, drawbars, remote hydraulic ports, and PTOs designed to agricultural standards meet the definitions for agricultural tractors and are in fact agricultural tractors. These fittings enable the tractor to carry, pull and propel agricultural implements and therefore should be treated by the tractor test law as all other agricultural tractors are treated in the interest of providing the same protection and benefits to all users of agricultural tractors.

I have attached an NTTL brochure that we provide to visitors and insert in our mailings. Inside the brochure is an organizational chart that illustrates how we fit into the world wide tractor test scheme. The Laboratory also has our web page identified in the brochure. All test reports prepared by the Laboratory since 1998 can be accessed from our web page. These reports can be printed from our web site and are free of charge. I have attached four test reports for your review. Two of these reports are for tractors that the Laboratory has tested, one tractor with a power level greater than 100 hp and one report for a tractor with a power level less than 100 hp. The other two reports are summaries of the official OECD reports from two tractors, one tested at the French test station and one tested at the Italian test station. As you will notice, our effort is to make all reports seamless in appearance regardless of the point of origin.

During the year 2006, our website had 141,985 visitors. During the month of December 2006 alone, visitors from 73 different countries viewed our web site. Also during 2006, tours of the Laboratory were given to 706 people from six different countries and many states of the US. These statistics illustrate the usefulness of the information provided both inside and outside of Nebraska. Additionally, the Nebraska Tractor Test Laboratory employs 10-14 students each semester. These students gain valuable skills and are highly prized by industry, both in Nebraska and in other states. Some students have chosen the University of Nebraska specifically for the opportunity to work at the Tractor Test Laboratory.

The tractor test program brings recognition to the University of Nebraska and the state of Nebraska. The law provides the legitimacy to world wide tractor performance testing. Our product is information. This information has value that can only come from independent testing such as ours and is free from our web site. This is a real bargain to all potential tractor buyers. The data we provide shows performance that the user can expect from a particular tractor model. Tractors are sold by power. The dollars spent per horsepower can only be compared among models of the different manufacturers when the buyer knows what usable power is being purchased for the dollar outlay. Consumers are assured that these performance data are obtained without bias to tractor color or any favored criteria and are obtained using a world wide test standard so that tractor performance can legitimately be compared, no matter their country of origin or manufacturer.

I believe that 40 horsepower remains an appropriate lower limit for mandatory performance testing and one could make the case for an even lower limit. I recommend that neither of these bills be passed so that agricultural tractors between 40 and 100 horsepower continue to be tested, and their performance data continue to be made available to Nebraska farmers and interested parties around the world.

Thank you.

Nebraska Tractor Test Lab Welcomes New Director
Daniel Moser, IANR News Service

The University of Nebraska Lincoln's internationally known Nebraska Tractor Test Lab has a new director. Roger M. Hoy, a former staff engineer with the John Deere Product Engineering Center in Waterloo, Iowa, assumed leadership of the lab on September 1. Hoy replaced Leonard Bashford, who retired.

"We are pleased that UNL successfully attracted an individual with Dr. Hoy's experience to fill the director position. In recent years, Dr. Bashford has broadened the areas of testing by the lab-for example, testing construction equipment and alternative fuels-and we know that Roger will continue to strengthen the testing and research that is done at the lab," said department head Dr. Yoder. He noted that Hoy is involved in national organizations such as the American Society of Agricultural and Biological Engineers and the International Organization for Standardization. He's also recognized internationally as an expert in roll-over protection structures and has broad experience as a project manager.

"He has an excellent background to take on the challenges of directing the Nebraska Tractor Test Lab," Yoder said. "The lab works closely with students with an interest in machine design and testing and Roger's expertise and experience will be an asset for classroom instruction and for advising student research or design projects.
We are certain this hire will continue to foster the strong relationship that has developed between the Nebraska Tractor Test Lab and our industry partners," Yoder added.

Hoy had been with John Deere since 1999. He also spent four years as manager of product development at Hennessy Industries Inc. and four years as development manager at Jacobs Vehicle Equipment Co. Hoy earned a bachelor's degree in agricultural engineering from the University of Georgia and his master's and doctorate degrees in agricultural engineering from North Carolina State University.

Hoy began working part-time at the lab this summer, and joined the university full-time this fall. In addition to serving as the lab's director, Hoy also will conduct research, work on standards development, and teach and mentor students.

The Nebraska Tractor Test Lab was founded in 1920, spurred by state legislation that required any tractor sold in Nebraska be tested to make sure it met its maker's claims. The lab's importance grew as tractors made in other countries also began to be tested there. In the 1980s, the lab became an official testing station for the Paris-based international Organization for Economic Cooperation and Development, increasing the lab's prominence. This spring, the lab distributed performance reports for 84 tractor models - 23 of them tested at UNL during 2005, with the others tested at other OECD stations.

The New Director had the following message when he joined the Nebraska Tractor Test Laboratory:

Welcome.
The Nebraska Tractor Test Laboratory (NTTL) has a reputation developed over the last 86 years for accurate, unbiased and relevant tractor performance data. In fact, many of the provisions in the OECD tractor test codes that are accepted worldwide today were originally developed at the NTTL. One vision that I have for the lab is to maintain and even enhance the existing reputation that the NTTL enjoys. To do this, we will continue to offer accurate and unbiased data and lead in the development of new test techniques and procedures to address new tractor technology. Examples of these activities may include developing a method to document the value of continuously variable transmissions over traditional tractor transmissions, developing a method for evaluating the Power bulge feature available with some PTOs, and researching the effect of alternative fuels such as bio-diesel on tractor performance as well as others.

To accomplish these goals, the NTTL needs to stay on the leading edge of test technology. In recent years, a new load car was commissioned that replaced a previous load car that last underwent a significant update in 1963 and had its origins in the 1930s. Next summer we plan to replace our existing drawbar test track with one that is wider and longer to better accommodate today's larger tractors. The old drawbar track is now 50 years old and we are working hard to insure that our new track will also serve us for a long time. In the future we will be upgrading our PTO dynamometer with new controls and a new data acquisition system.

Sincerely,
Roger Hoy