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Jacob Holdaway says that the current regulations have not kept pace with the evolving specifications of tractors and trailers.
Following a recent overweight incursion that saw a Mid-Canterbury contractor cop a $12,150 fine, the rural contracting industry is calling time on what they consider to be outdated and unworkable regulations regarding weight and dimensions that they say are impeding their businesses.
Jacob Holdaway say he's been in business 15 years and never experienced more than a minor fine previously, but the incident in Methven, that saw one of this employees hauling harvested fodder beet from the paddock to a nearby dairy farm, is the latest hit by rules which the industry organisation says are crippling some members.
Police escorted the tractor and trailer to a nearby transport yard, where the combination tipped the scales at 39.7 tonnes, around 10.9 or 38% over the current 28.8 maximum that the current regulations allow.
Holdaway says that the current regulations have not kept pace with the evolving specifications of tractors and trailers, which have seen the introduction of suspension systems on both, increased tyre sizes, adjustable tyre pressures and commercial grade trailer axles complemented by anti-lock, air or hydraulic braking systems. He also suggested that the trailer, far from being overloaded, could easily carry another 3 to 4 tonnes of beet if it was travelling within the farm boundary.
"We don't want to be running illegally but we do want to be able to operate efficiently," says Holdaway.
Rural Contractors NZ vice president Daryl Thompson says his organisation is hearing of numerous incidents like this, so took the issue to Regulations Minister David Seymour three months ago.
"We've since had a welcome announcement that the ag vehicle regulations are being reviewed, but in the interim, members like Jacob are being knocked for six."
He says the current regulations are years out of date - back to around 2013 - and don't reflect the size of agricultural machinery now being used. Thompson says rural contractors also have to face a maze of requirements to run agricultural machines on short road journeys, including transport licences and meeting vehicle dimension and mass rules.
"We are even supposed to train and register for BESS - Bridge Engineering Self Supervision. We are rural contractors, not bloody engineers. I understand that the Government's review will likely take many months and in the interim Rural Contractors NZ is asking for some discretion to be applied. I'm a former police officer and I know police often choose to apply the law as appropriate rather than how it's written. That's especially the case where a law is outdated."
Thompson says rural contractors generally have a very good relationship with their local police.
"We've been patient, followed the evolving process, but we need action now. The fines are disproportionate to the offence, so we need NZTA and the Government to urgently address this weight issue so our members can get on with their work for our nation's farmers.
"Perhaps the current weights could be shifted as a seasonal test by NZTA to reflect modern day machinery's capacities. Currently rural contractors needing to carry heavier loads than the regs allow can apply for overweight permits, but that involves a multi-department rigamarole such as the BESS. The whole process needs an urgent fix."
Outdated Regulation
Te Awamutu-based, large-scale agricultural contractor John Austin confirms that this is not just a South Island issue, but creates many problems for his business serving the wider Waikato rural area.
Austin claims the regulations are so outdated and outdated it beggars belief.
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John Austin |
"A lot of it would be applicable to Ford 5000s or Massey 185s and 6 tonne trailers we started out with decades ago," he told Rural News.
"We are absolutely committed to operating our business in an efficient manner, with a huge focus on safety. That means this year we had a pre-season meeting for all our staff with the CVIU, to understand what is required with regards to safe operation and all our tractors are given a WOF check every year."
Austin goes on to explain that with the tractors and machinery they operate today, it's just a minefield trying to interpret the regulations.
"On the one had we have to comply with dimensions, with those 'Over Dimensional Units' falling into one of five categories. This leads to marker boards, single or dual escort vehicles and potential restrictions on movement times."
Vehicle weight limits appear to be even more complicated, based around individual axle, axle set and combined axle limits. The Agricultural Vehicle Guide, last reviewed in 2017, lists limits over three pages and identifies 29 possible maximum ratings.
"My biggest frustration is that these tractors and machinery are built for global markets, but industry friends in the US, UK and Europe don't seem to be having the same issues being handed out by overzealous inspectors."
"Meanwhile, we must find a solution that must be workable and easy to understand. If this is going to take some time, before recommendations are suggested and approved, the regulatory authorities need to consider some form of amnesty, so we can carry on with our business," says Austin.
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