AMENDMENTS to the Heavy Vehicles Agricultural Pilot Authorisation should be put on hold until a comprehensive information session with peak grower groups and farmers can be carried out.
That is the view of Shadow Minister for Agriculture and Food Jim Chown, who said changes regarding the movement of agricultural equipment on State roads were "very concerning".
Mr Chown said he didn't believe there was adequate consultation and agreement between representatives on the Agriculture Vehicle Advisory Committee (AVAC) and industry on the proposed changes.
"These amendments were gazetted on December 28, 2018, when it was after harvest and many people were on holidays," Mr Chown said.
"My understanding is there was no resolution or thorough engagement with farming bodies before it was gazetted and it is red tape madness, changing a process that was working admirably for the agriculture region and farmers."
Mr Chown said the previous regulations should be reverted back to the status quo until there was consultation with industry about the impact of the changes on farming businesses.
"In the mid 1990s, there were 14,500 property owners in broadacre farming, in the early 2000s this had dropped to 10,700 and now we have about 4200 broadacre farmers in WA, yet the same area of land is still being farmed," Mr Chown said.
"Farmers now have greater areas to farm and so they are moving machinery on a regular basis down State roads and local government roads because of this.
"These new regulations are an impost on their ability to remain efficient and efficiency in agriculture is essential to enable us to remain competitive internationally.
"Under these new regulations you can move up to one kilometre on a State road without the required three agricultural pilots or, if over 7.5 metres, two licensed pilots and a traffic warden escort.
"If you are travelling 1.1 kilometres or 1.2km or more then you need to tie up three staff and most of these farming operations only have a maximum of three staff.
"It is another imposition on one of the most efficient industries in this State doing its best to combat international competitors."
Mr Chown said the State government didn't comprehend what the agricultural requirements were in WA on the movement of farm machinery.
"I am concerned that unless growers comply to these requirements or don't comply correctly and they are involved in an accident then they lose their third party insurance, lose the insurance on their machinery and the legal implications could be quite dramatic," he said.
"Now that this is an issue, the Pastoralists and Graziers Association and WAFarmers have asked Main Roads to come and explain exactly what the requirements are.
"But Main Roads should have done that before putting these regulations in place.
"During harvest time there could be thousands of heavy vehicle movements on State roads and these new regulations are a restriction that growers don't need and the lack of consultation is worrying."
Mr Chown said there could be an average to above average harvest coming up in WA and this issue needed to be cleared up before harvest commences.
"Otherwise we could possibly have growers in breach of the new regulations without knowing it," he said.
"Being unaware of the law is no defence and these changes needed to be well advertised and talked about and consultation should have taken place.
"And it is not only impacting on farmers, but agricultural suppliers and businesses delivering machinery or field bins - it is pushing their costs up."
Main Roads spokesman Rich Bain said confusion between regulations for over-width vehicles would soon be resolved following a review by the Department of Transport (DoT).
"I expect that review to be made public within weeks and its updated guide will be exactly the same as our flow chart for Agricultural Pilot Requirements," Mr Bain said.
"It means that towed machinery more than 5.5m wide but less than 7.5m will require three agricultural pilots if travelling more than a kilometre on a State road."
The DoT current guidelines in this width bracket stipulate only one pilot is necessary at the front of a vehicle if a flashing light is in operation at the rear of the towed implement.
Mr Bain said there were two distinct issues related to agricultural pilots.
One related to agricultural machinery transported by trucks over long distances and the second applied to the Towed Agricultural Implements Act relating to farmers.
The former was clear-cut with regulations that covered the agricultural and mining industries operating over-width loads on State roads, mainly highways.
The second related to farmers towing implements between farms.
When questioned about the change in farm sizes and increased distances between paddocks within the farm business, Mr Bain said Main Roads took the viewpoint of dealing with each permit application on its merits.
"Farmers can contact us with their requirements and we will make a decision based on the safety parameters of what is involved," he said.
"It may not be a clear cut adherence to the guidelines."
Mr Bain said farmers should call Main Roads for any query on 138 486 and ask for Heavy Vehicle Services Network Access section or email hvsnetworkaccess@ mainroads.wa.gov.au
According to Pastoralists and Graziers Association transport spokesman Guydon Boyle, small business has not been considered when looking at implementing the changes.
"Compliance will be a major issue," Mr Boyle said.
"Our exposure to liability and prosecution has been dramatically increased and yet there is no benefit to the industry.
"Our roads are not being improved, the levels of red tape are only increasing and if fully implemented, the implications of this legislation would be vast and wide ranging.
"Our day-to-day operations will be dramatically impacted with the increased requirement for staff and staff training (plus the issues of staff retention and the costs of ongoing staff training for those employing backpackers).
"Then there's the amount of time and productivity lost in complying with these changes.
"It is clear that we need to take a stand as an industry and push back to establish a more reasonable set of regulations, with a clear and distinct code of conduct.
"I also strongly feel that the government organisations need to educate the general public on their responsibilities and associated behaviours related to dealing with oversize machinery.
"There is only so much we can do and if the general public do not respect and appreciate those efforts then the industry will feel less and less inclined to comply."
WAFarmers Transport Committee chairman Tony York confirmed the recent flow chart released by Main Roads did reflect the amendments to the towed ag machinery regulations.
He said these were gazetted in December 2018 and published by Main Roads in February 2019.
"WAFarmers had worked closely with Main Roads and DoT to consult on behalf of industry, but WAFarmers did not fully support the current regulations," Mr York said.
"This in particular will increase requirements for (more than 5.5 m and less than 7.5 m) machinery including the use of three ag pilots instead of previously the use of two.
"Main Roads have encouraged all farmers in need of towing such machinery to indicate their ability to meet the new requirements in their permit application.
"As understood by WAFarmers there has been a requirement for permits from Main Roads for all machinery over 2.5m.
"Many farmers would not be aware of this requirement and would not have been applying for these permits and many will find it extremely difficult if not impossible to meet the new regulations for piloting ag machinery."
Mr York said there were other amendments that the industry needed to digest.
"The implications for Chain of Responsibility obligations will also need to be understood," he said.
"This is not an easy issue for farmers to digest and try to manage.
"Our ability to push back, to appeal and for us to argue these requirements are impractical will be sorely tested."
Hyden farmer Colin Nichol said requirements for farmers to have three agricultural pilots put them in an untenable position of breaking the law.
"There are simply not enough accredited pilots around and in such a time critical industry farmers can't afford hindrances like this," Mr Nichol said.
"It's a ridiculous situation and really reflects the need for a permanent forum to ensure the transport needs of the industry are looked after.
"The transport network is this State has stagnated making transport costs a big component of farm operations , so we don't need extra burdens with a bureaucracy gone mad."
