The public consultation draft of the Land Transport Rule: Agricultural Vehicles Omnibus 2012 (the Omnibus Rule) has been released for comment.
The rule proposes changes to seven land transport rules that apply to vehicles used for agricultural purposes.
The aim of the changes is to ensure legislation that affects the primary production sector is fit for purpose and does not impose unnecessary costs or restrictions, including on the ability of the sector to manage critical agricultural operations where time or weather is a limiting factor.
These proposed changes follow a review of agricultural transport legislation, involving government agencies, key transport and agriculture industry stakeholders and the public, that considered which changes could be made to allow greater flexibility while maintaining safety for operators and other road users.
Potential changes relate to driver licensing and work times rules, as well as the inspection, licensing, registration and road user charges associated with ag-equipment.
Concerns have been raised in the past that the current law does not adequately take into account the needs of farmers and rural contractors, who are often affected by the seasonal nature of agriculture, and challenges imposed by the weather. There is also concern that the law is out of date, overly complex and inconsistent.
The vehicles included in proposed changes include tractors used for agricultural purposes, agricultural trailers, soil cultivators, planters and seed drills, harvesters, bailers, hay rakes and produce sorters.
The following changes are currently under review:
– Increasing the speed restrictions for class 1 (car) licensed tractor drivers to 40km/h, currently 30km/h for tractors up to 18 tonnes, or 25 tonnes in combination.
– A new agricultural vehicle endorsement on the class 1 licence to permit holders to operate vehicles currently requiring a class 2 (heavy vehicle) licence. The agricultural vehicle endorsement would test applicants on key areas of the class 2 licence that are relevant to operating certain agricultural vehicles, and would require a theory test, supported by practical certification from an employer or training provider.
– Exemption from the work time rule on vehicles requiring a class 1 licence. This would benefit operators who often need to work long or irregular hours during harvest, and who also need to work around the weather. This new flexibility is balanced by the ongoing requirement for rural employers under the Health and Safety in Employment Act to effectively manage worker fatigue. This means that agricultural vehicle operators would not be able to work unlimited hours for extended periods of time.
– Agricultural vehicles licensed to operate at up to 40 km/h would be exempt from licence fees, periodic inspection and road user charges. These vehicles would still be required to be registered and in a road worthy condition and would have to display a “40” sign clearly visible to the rear to facilitate enforcement.
– Agricultural vehicles licensed to operate over 40 km/h would be required to display a Class G vehicle licence, pay road user charges and hold a simplified (tractor focussed) annual warrant of fitness
– Agricultural trailers and implements operated at speeds less than 40 km/h would continue to be exempt from registration, licensing and warrant of fitness. To address safety concerns, trailers operated at higher speeds would be subject to normal regulatory requirements.
– Agricultural vehicles would be required to display and operate an amber beacon. It is proposed that agricultural vehicles be required to display and operate an amber beacon. Crash statistics show that a lack of forward warning to other road users about the presence of a slow moving agricultural vehicle on narrow and winding rural roads is the leading cause of crashes involving agricultural vehicles.
– No change in the weight threshold for when operators must obtain an overweight permit.
– New hazard panel configuration. The review team is proposing to introduce an alternative hazard panel configuration to apply to all vehicles where it is more practicable or will give better visibility, which should provide some additional flexibility.
– Advertising strategy to promote road user awareness of agricultural vehicles. The review team is also proposing to develop an advertising strategy with industry to improve road user awareness of agricultural vehicles.
– Ability to exempt operators from travel time restrictions. Road controlling authorities would be permitted to issue permits for vehicles to travel during restricted travel times.
– Clarify that operators are not required to remove the forks or other equipment fitted to the front arms of agricultural vehicles.
Subject to the approval of the minister, it is proposed that, with three exceptions, the amendments will take effect on May 1 2013. The proposed reduced frequency of WoF checks for agricultural vehicles that operate at over 40 km/h from six monthly to annual is expected to take effect later, because it requires a system update to be in place. The Road User and Driver Licensing Amendment Rules will be consolidated with other amendments to those Rules currently being developed, and are planned to take effect in mid 2013.
Those wishing to make a submission can do so here: http://nzta.govt.nz/consultation/agricultural-vehicles-omnibus-2012/docs/making-a-submission.pdf
