Submission on Draft Land Transport Rule, Agricultural Vehicles ...

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1. INTRODUCTION 1.1 Federated Farmers welcomes the opportunity to submit to the New Zealand Transport Agency (NZTA) on the Draft Land Transport Rule, Agricultural Vehicles Omnibus 2012, Rule 10050. 1.2 The Federation is very supportive of the Agricultural Vehicles Review and we first submitted on the review in May of this year. The recommendations in this submission reflect what we initially asked for. 1.3 The agricultural sector is heavily impacted by transport regulation and we agree with the comment in the draft rules overview that it is vital land transport legislation is fit for purpose and does not impose undue compliance costs. We strongly support the ‘two-tier’ approach with 40kph speed threshold adopted by the Government and contained in the draft Rule. We believe it appropriately balances the reduction of compliance costs with the need to protect road safety. 1.4 We commend the Ministry of Transport, the NZTA and the review team for all the hard work they have put into this review and for their constructive engagement with Federated Farmers and other interested parties. 1.5 The Federation would like to remain involved in any further discussions around the development of the final changes to the Land Transport Rule Agricultural Vehicles Omnibus 2012. 1.6 Following a summary of recommendations, this submission comments on the proposals listed in the draft omnibus rule overview. Section 2 discusses the scope and definition of ‘agricultural vehicles’; Section 3 discusses driver licensing and worktime; Section 4 discusses heavy vehicles; Section 5 discusses over dimension vehicles; Section 6 discusses road user and vehicle lighting amendments; Section 7 discusses vehicle inspection requirements; 1.7 SUMMARY OF RECOMMENDATIONS 1.8 Overall Federated Farmers is very supportive of the majority of the proposed changes to the Land Transport Rules and we believe it will appropriately balance the need to reduce compliance costs on the agricultural sector with the need to protect road safety. 1.9 While supporting the vast majority of changes set out in the draft Omnibus Rule, Federated Farmers suggests the following amendments be made to the final Omnibus Rule: 2
a. Certain categories of all terrain vehicles (such as ‘quad-bikes’, side by side utility vehicles.) be included in the definition of an agricultural vehicle. b. ‘Agricultural vehicles’ driven on the road at speeds of under 40kph to be identified by a ‘40kph’ sign. c. The Vehicle Class ‘EX’ proposed in the Agricultural Vehicles Review discussion document should be introduced for agricultural vehicles driven on the road at speeds up to 40kph. d. Remove the requirement to fit marker lights on or near hazard panels. e. Remove the requirement for tractors under three metres in width to be fitted with hazard panels where the rear tires are the widest point. f. Implements that extend beyond the width of the tractor tyres or are in excess of three metres in width require hazard panels. g. Remove the requirement for hazard panels to be frangible, as frangible 1 hazard panels are not durable. h. The final rule changes align with the definition in the Agricultural Vehicles Guide. This will mean the guide will have to be amended. 2. COMMENT ON THE SCOPE AND DEFINITION OF ‘AGRICULTURAL VEHICLES’ 2.1 The draft omnibus rule proposes that the definition of ‘agricultural motor vehicle’ is amended in the Land Transport (Driver Licensing) Rule 1999 to a vehicle designed, constructed or adapted for agricultural purposes 2 . 2.2 This definition includes agricultural tractors 3 and trailers 4 , soil cultivators, planters and seed drills, harvesters, mowers, toppers, bailers, hay rakes, produce sorters. On–road 4WD vehicles, utes, trucks, goods trailers operated at more than 40km/h and all terrain vehicles such as quad bikes are not included in the definition of a ‘agricultural motor vehicle’. 2.3 Under the old rules only ‘special purpose’ vehicles could be classified as all terrain vehicles. NZTA has proposed to remove this qualification so a wider range of vehicles such as side-by-side terrain vehicles. This means they will be covered by the existing specialist regimes and will be subject to helmet-wearing requirements. 1 A ‘frangible’ object is an object of low mass, designed to break, distort or yield on impact, so as to present the minimum hazard to the vehicle. 2 ‘Agricultural purpose’ includes land cultivation, growing and harvesting crops, rearing livestock and land management operation undertaken in connection with the operation of the farm (includes cultivation and harvesting). 3 ‘Agricultural tractor’ means a vehicle that is designed and constructed principally for the purposes of towing an agricultural trailer or drawing, or towing an implement ordinarily used for an agricultural purpose. 4 ‘Agricultural trailer’ means a trailer that is used exclusively for agricultural purposes; and includes a wheeled agricultural implement, the wheels of which are in contact with the road when the implement is being towed; but does not include a trailer that is designed for carriage of goods; and operated at a speed exceeding 40kp/h; or a logging trailer. 3
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Submission on Draft Land Transport Rule, Agricultural Vehicles ...

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