Agmates Editor Steve Truman writes:
This coming week the Queensland Parliament will consider legislation that could see farmers go to jail because a truck driver has fiddled his log book.
This legislation will be enacted by all Australian State governments in the near future. The transport Legislation Amendment Bill.
That is what this legislation would mean for farm owners, managers and employees if passed without amendments.
On 14 February 2007 National Transport Council (NTC) Ministers unanimously voted in favour of introducing National Heavy Vehicle Fatigue Reforms for the heavy vehicle industry. The introduction of these fatigue reforms will be nationally consistent.
I have spoken to a number of stakeholders including the Transport Ministers John Mickel’s (pictured) Senior media Adviser Chris Brown, Shadow Minister for Agriculture Mike Horan, AgForce Policy Officer, Oscar Pearce and trucking industry identity Justin Truman.
Our thanks goes to AgForce’s Oscar Pearce for bringing this story to Agmates attention. Oscar advised that AgForce was never given an opportunity to have any input into the drafting of the legislation and they are very keen to see it amended too protect their farmer members before it’s passed into law.
All parties agree with the essence of the legislation. All agree that establishing of a Chain of Responsibility to stop unscrupulous transport owners and operators forcing drivers to do illegal hours to cut down on truck fatalities is a good thing.
However what all also agree is that as the legislation stands it is just not reasonable to expect a farmer to be responsible for checking truck drivers fatigue log book to ensure that it is completed properly and the driver can complete the journey in the allotted time.
All agree that it is the transport owner and operators responsiblity to ensure that when the driver arrives on a farm to pick up cattle, grain, produce that he complies with the fatigue laws.
However in a worst case scenario under they way the legislation is currently drafted:
- You load a truck and do not check the drivers log book (or check it but don’t understand it) and the driver leaves your farm.
- You are now under the “Chain of Responsibility” jointly liable for any breach that the drive may incur.
- In a worst case and this is what the legislation is specifically designed to do - The driver is involved in a fatal accident on the way to the destination.
- On investigation the police find that the driver has breach his allowed fatigue hours and will be charged with manslaughter. You as the person who loaded / consigned the truck will also be charged with manslaughter because you should have checked the book and refused to let the driver leave until he had completed the scheduled rest period.
In a best case scenario the driver is pulled over by the main roads police. They check his log book. They find a minor mistake. The driver is fined $300 and losses 2 points off his license. Then they send you the person who loaded the truck a fine of $300 for not picking up the breach.
Photo # 2: Under this proposed legislation you’d be the donkey if you load and consign a heavy transport without verifying that the drivers log book is correct. Thats if you can read and understand a truckies log book.
I was told by the ministers department Chris Brown “yes it may read like that, but that’s not what it’s intended to do. That just won’t happen.”
MP’s can say, yes but it’s not intended that farmers can go to jail because a driver has fiddled his log book. But once it’s legislation, the enforcement officers take it to the letter of the law.
Justin Truman ( my brother and all round top bloke ) is a transport depot manager at Goondiwindi QLD and has driven heavy transport all over Australia for the last 20 years.
Justin is sure that when the current legislation was drafted that MP’s did not intend for truck drives to be fined $300 and lose 2 points for misspelling the name of a town in their log books. But they are.
He’s sure that they did not intend Main Roads police to hold truck drivers up for 1/2 to 3/4’s of an hour on the side of the road whilst they search back through their log books, finally finding a day - 12 weeks previous when the log book was out by 15 minutes in a 24 hour period and issuing a fine. But they do.
Photo # 3: Having Driven Long haul transport for 2 decades, Goondiwindi Transport depot manager Justin Truman would now rather spend time on his horse.
Justin said, “It is ridiculous to think that a cocky can know what he’s looking at in a drivers log book. Mate 75% of the police force will happily tell you they can’t read or understand one.
If any one doubts that, just go to their local department of main roads and ask for the manual on how to keep a Heavy Transport Drivers Fatigue log book. It’s about 4cm thick. I’d almost guarantee you there is not a Member of Parliament in Australia that could read and understand a drivers log book.”
I have spoken to several Labor MP’s who are also concerned about the proposed legislation. All stakeholders agree in principal with the new legislation, but are calling on the QLD parliament to get this right the first time.
We don’t want to see the tragic situation were a farmer or farm worker is jailed for manslaughter along with a truck driver before the legislation is amended.
Message to QLD Transport Minister John Mickel and your Labor collegues - please get this right - the first time.
Click Here to see an extract of the proposed Legislation and the pieces affecting farmers.
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