AUSTRALIA’S Heavy Vehicle Regulator has apparently had to back down after a Victorian farmer contested a $398 fine for carrying two bales of hay on his front tractor forks across a road.
The farmer, Graham Thomson from Condah in Victoria was issued with the fine by the NHVR five months ago and chose to fight the fine in court.
The case apparently attracted wide attention in the rural community, and sparked a GoFundMe campaign that raised more than $3500 to support any court costs, however in the end the money raised was donated to support farmer mental health.
In the end the NHVR has issued Thomson with a warning despite claiming three potential offences were identified.
Thomson had strong support from hundreds of farmers throughout Victoria, New South Wales and Queensland, who said they were prepared to protest at any court hearing.
Thomson said he believed the NHVR was concerned with the potential public backlash if it proceeded with the action against him.
“I think they were so frightened of the bad publicity they were going to get that they thought this isn’t worth fighting,” the farmer and hay contractor said.
“They wouldn’t want 200-300 angry farmers growling at them,” Thomson said.
The NHVR told Thomson in a letter that “the size of the hay bales balancing on the tractor and the lack of restraining system had the potential to cause a risk to road users.”
The regulator said he had been driving a heavy vehicle not compliant with loading requirements, using a vehicle in breach of its registration and driving whilst not having a clear view of the road ahead.
“You have not been detected committing these offences previously, your intended journey was short and the risk to road users did not materialise,” the letter said.
“As such on this occasion a prosecution will not take place for any of these offences,” the NHVR added.
“Instead, a warning is hereby issued to you; and you are warned that you may be prosecuted if further breaches are detected.”
Thomson conceded he would now use a strap rated at five tonne capacity for restraining hay bales on his tractor forks, but disputed that he did not have a clear view ahead while loaded with hay on his tractor forks.
The NHVR also disputed that “this type of use of tractors” carrying large bales on forks is commonplace.
“You are now advised that regular breaches of the law is not defence,” the regulator told Thomson.
Thomson scoffed at the NHVR suggestion that carrying hay on tractor forks is ‘not primary production.’
“There would be a million loads of hay a year loaded with primary producer tractors,” he said.
“To say that hay is not primary production, well what is it?”
The NHVR letter said it is concerned that there is a misunderstanding in rural communities of the use of tractors carrying loads on public roads, pointing out that regulations required an appropriate method to restrain a load on a heavy vehicle and that “the vehicle may only be used on a road for the purpose of carrying out the activity for which it is conditionally registered, or for the purpose of travelling to, and from sites for the purpose of carrying out the activity for which the vehicle is conditionally registered.”
“Your vehicle was registered for ‘primary production, and carrying heavy unsecured loads for sale on forklift tines is not ‘primary production’, the NHVR said.
“It is a risk to the safety of other road users, as the top bales was unsecure and could have become dislodged.”
The NHVR said it will shortly issue a safety alert top the farming industry bringing attention to the safety issues arising from Thomson’s case.
An NHVR spokesperson said the its number one priority has always been, and remains, the safety of all road users.
“The driver was issued with a warning addressing three offences due to unsafe practices in the transportation of hay bales,” the spokesperson said.
“Poorly loaded or unrestrained hay bales pose significant safety risks,” the spokesperson said.
“To support the agricultural sector, the NHVR has issued a safety bulletin highlighting the critical importance of proper load restraint, visibility, and the use of suitable vehicles to transport loads on public roads.
“We uphold a balanced approach to compliance, and we will continue to work closely with the farming and agricultural community to play our role in supporting safe practices,” the spokesperson said.
The bulletin can be viewed on the NHVR website here
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