Agmates

Queensland - Peak State Farming Body AgForce is urging rural producers and those living in Rural communities to prepare themselves for the 2 week National Transport Shut down.

In a statement issued today - AgForce Cattle President Greg Brown (pictured) said -

“We are urging people to be aware of the potential disruption likely to flow from the upcoming truck stoppage on July 28 so that they are not caught unprepared.

Livestock sales and disposal will be affected by the proposed transport shutdown, particularly cattle producers moving stock out of drought-affected north-west Queensland.

However it is not just livestock managers that need to be aware because all supplies in and out of the bush are delivered on trucks, therefore a national road transport shutdown will cause inconvenience to all users and consumers if they do not take steps to stock up on essentials and plan ahead.

Both rural and urban consumers need to understand that a viable transport sector is vital because everything we all use is transported on a truck at some stage.

Consumers should get behind the truckies and tell the government in the strongest possible terms to stop implementing policy that will put transport operators out of business.

The issues that have sparked this truck strike are very concerning for livestock producers because everything we use in our businesses, and nearly all of stock movements, come and go in a truck.”

AgForce Cattle and AgForce Sheep & Wool boards are supporting the proposed stoppage by drivers and operators, in the hope it will highlight the increasing frustrations of rural road transport operators and customers.

AgForce has strong concerns that a number of recent transport legislative changes will not be practical and will significantly increase the operating costs of Queensland livestock producers.

The four main trucking regulatory changes that will impact on livestock businesses are changes to the chain of responsibility legislation, increased registration fees for B-Double trucks, changes in fatigue management regulations and log-book procedures.

New chain of responsibility laws come into effect in September and will dramatically change the roles and responsibilities of those involved in the loading, unloading and scheduling of road transport. Greg Brown goes on to say:

“AgForce Cattle and AgForce Sheep & Wool boards are concerned that transport regulatory bodies at state and federal level do not yet understand the complexities and practices of livestock transport in rural and remote Australia and the full implications these changes will have on beef and sheep producing businesses

Some cattle producers in outlying areas are already paying 15-20 percent of the animals’ value to truck them to market, so any changes that will increase these costs risk making rural businesses unviable.

In addition, for livestock transport you have to manage what appears to be conflicting road safety and animal welfare requirements, whilst operating on a commercially viable basis. That is why we want exemptions from some of the rules for livestock carriers.

Given this frustrating situation, we are not surprised that truck operators and drivers are organising this stoppage on July 28 and we feel obliged to add our concerns on behalf of livestock producers.

Hopefully this protest increases State and Federal government awareness of the scope of the problems facing the road transport industry for livestock producers and that the need of exemptions for livestock carriers will be recognised.

…………………………………………………………………………………………………

Have Your Say! Tell us what are you doing to prepare for the 2 week transport shutdown. Do you support Mick Pattel and truck drivers across Australia struggling for a fair go?

The new National Transport Laws treat truck drivers like criminals. Three recent cases in Queensland show how truck drivers will be treated nation wide when the National transport laws come into affect in every state at the end of September.

We highlited in a recent article that while the laws were passed by the Queensland parliament with all good intent, when enforced by police they are frightening. This new legislation is one of the main causes of the planned national shutdown by truck drivers.

Case 1: Driver Dean Vilimovsky Lumbar Transport Deniliquin NSW.

Fined $2,000 - lost 9 Points off his license, Finger Printed & Photographed by Police.

Dean delivered a load of fencing wire to Bayrick station just east of Agathella Western QLD. He arrived late in the afternoon and so stayed overnight and unloaded the next day. I have confirmed this with Bayrick manager Matt Perters.

After unloading he headed back but and at 5.30pm in the afternoon was stopped just outside of Charleville by 4 Uniformed Charleville police.

After inspecting his log book he was given 3 breach notices. The first was that he had failed to record a change of activity in his log book - $600 fine and loss of 3 points. Dean says that he accepts that he had forgot to do this and the fine was in order.

The second and 3rd breaches were because the was a 30 hour gap in his log book (nearly all of this was spent at Bayrick). The officers maintained that all of his activity at Bayrick should have been recorded. He was fined $600 plus a loss of 3 points for the 1st 24 hours and then $600 plus 3 points for period over 24 hours.

The police then said because his log book did not show that he had rested as per the fatigue laws they were grounding him for 12 hours. This meant that he could not even drive the truck the 1 km into Charleville to get to a rest stop with facilities. The police required he spend 12 hours on the side of the road with no shower, toilet, food or water. If he wanted to get to town he could walk or hitch a ride.

At 11.30pm that night (6 hours later) Dean decided he’d had enough and headed off. He was stopped again further down the road by more police. After they checked his licence and log book which was now all in order. But after check their in car computer they told him that there was a notice out on him. The police informed him that he had disobeyed a police instruction and he had 7 days to voluntarily report to a Queensland police station and if he did not a warrant would be issued for his arrest.

Dean reported to the Goondiwindi police station on his way through and was finger printed and photographed by the police. He said it was a degrading experience. I felt like a real criminal going through that.

The upshot is that the case went though the Charleville magistrates court and uncontested he was fined a further $200 with thankfully no criminal conviction recorded.

The final result of Dean’s trip to Sunny QLD was $2,000 in Fines - 9 points lost of his licence. He told us he won’t be coming back.

Case #2: Driver for Hawkins transport Karumba Far North Queensland.

Fined $600 and lost 3 points.

I spoke with Karumba General transport owner Bradley Hawkins. They do a general freight run from Brisbane to Karumba each week. He told me that just this week 2 of his drivers had been fined. The first was doing the general frieght run.

He was stopped by the Cairns Main Road police just 100kms short of Karumba. His log book, rest times and all else were in order. However the driver had not drawn a line across the page after he’d entered his rest break and the recommencement of his journey.

The result $600 fine and loss of 3 points of his licence.

.

Case #3. Driver for Hawkins transport near Charters Towers NQ.

Fined $600 and lost 3 points.

Once again just this week another of Bradley Hawkins drivers was pulling freight from Charters Towers to Normanton. Once again the main roads police from Cairns. He was pulled over just after leaving Charters Towers. The log book inspected. He had just started a new log book. The old one and the new one were all in order. However he had not filled in the name of his home depot in the front of the book.

The result $600 fine and 3 points off his license.

.

The above 2 drivers more than half of their weeks pay. These are decent men who have families and mortgages to pay.

Heavy transport drivers have 12 points on their license just like car drivers. However if the loss all 12 points under the transport legislation they loss their license for a defined period usually for 3 months. That means their career and lively hood is usually finished.

No wonder 1,000’s of drivers across the country are willing to stay at home and fore go 2 weeks pay during the 2 week transport shut down to have these laws changed.

………………………………………………………………………………………………..

Have your say! What do you think? Do you support Mick Pattel & the Truck Drivers?

The Australian Transport Industry Shutdown Convener Mick Pattel (pictured) writes:

The National Road Transport Shutdown is only a short time away and still no-one in Government is taking it seriously.

All attempts to contact Transport Ministers have proven fruitless, it’s almost as if they hope it will go away. That will be a bad mistake, the transport industry has never been more committed to this demonstration of unity than at any other time in the past.

I believe the Prime Minister and State Premiers should be taking control of this matter before it is too late.

When the shutdown happens on the 28th of July there will be about two working days before the Government will react then a further two days to resolve the industries concerns.

By that time the Public, Retailers, Mines, Regional Centres, and Exporters both from Manufacturing and Primary Producers will be in uproar.

No Government can ignore the damage this Transport shutdown will do to the economy of the country, because the industry has voluntarily withdrawn it services in protest there will be nothing the government can do but capitulate.

The list of demands continues to grow as time goes on and it would not surprise me if other industries that are in trouble as a result of poor Government performance will join the protest and add their demands to the list. I believe the door is open for this to happen after the shutdown starts.

The ideal conclusion would be for Governments to head this off before the entire country becomes involved and the fallout could bring about the demise of the Labor Government.

I also believe that they are not going to let a badly formulated piece of Transport Reforms harm their chance of re-election, but then again when did Governments ever listen to the people.

………………………………………………………………………………………………………….

Have Your Say! Ask Mick a question or give your thoughts.

Peter Schuback (pictured) writes:

Had a short trip to Sydney as a guest of SBS to go on their show “Insight” in regards to petrol prices .

They were nice to me and gave me a total of about 30 seconds. Bit hard to get the message out in 30 seconds but I tried.

What the people of Australia don’t seem to realise is just how important the farming Fishing and transport industries are to our economy .

The farmers stop producing and the people don’t get to eat good fresh Australin produce and meat , the fishermen go broke or get out of the industry and we will all be eating sea foods from god only knows where and it will more than likely poison all of us.

If we don’t have the transport industry the farmers wont be able to move their produce , The fishermen wont be able to sell their sea food and the rest of Australia will come to a grinding Halt .

For all too long all three industries have been bastardised by governments and people that have nothing to do with the industries. Shiny bums that sit in offices and tell us how to run our industries whilst all the time they are involved in selling us out. They look at all of us as milking cows and as fragmented industries and they think they can walk all over us.

I have some bad news for them and the transport industry is about to deliver it. We are no longer going to stand for the governments crap and we are fighting back .

The 28 th of JULY Is D DAY - THE TRANSPORT INDUSTRY IN AUSTRALIA IS SHUTTING DOWN FOR TWO WEEKS.

We will no longer be hit with Hugh fines for minor breaches. We will no longer stand back and watch our drivers die because the government has fail in its duty of care to provide parking bays for drivers with the required facilities (Showers and Toilets).

Photo: This is a photo of a Truck Parking bay I recently took. There are no facilities. It stank of used baby nappies and general rubbish yet its places like these our governments have legislated that our drivers must stop and rest. It’s a disgrace.

We will no longer let them pick us off one by one. The Farmers , The fishermen and the Transport industry combined are the most powerful political and economic group in Australia. If we join forces we can and will make the government run this country to the benefit of all Australians.

We will be able to get rid of Politician’s that don’t perform . We will be able to get rid of the so called groups that claim to represent us and do next to nothing. We will be able to demand that bad laws are fixed and bad economic policy is also fixed .

Australia is for all Australians. Our hard working Fishermen, Farmers and Transport industry workers have invested a lot of time and money into their industries and should get a fair return for their efforts.

ALL Employers, Farmers and Manufactures should be very afraid of the new road transport act of April 2008 Chain Of responsibility. We are all at risk .

Peter Schuback
Mineral and Mine Movers Transport

………………………………………………………………………………………………………………………..

Have your say! Tell us what you think or leave a message for Peter. Note Peter Schuback, Mick Pattel and ALDODA are 3 separate groups within the grass roots uprising of Truck Drivers and owner operators across Australia.

As the deadline for a National Transport shutdown in Australia looms, there has been gridlock this morning in New Zealand’s major cities as thousands of truck drivers staged a mass protest.

They are angry about an increase in government charges. The New Zealand Government says it had to increase road user charges by 7 per cent to pay for the damage trucks do to the country’s roads.

Truck drivers say they are already struggling with rising fuel costs. They blocked streets in the heart of Auckland, Wellington and Christchurch.

Australian Transport drivers are planning a National Shutdown in protest over many of the same issues.

See video of the New Zealand mass protest this morning.

Note - If Video stops and starts while playing - let it run through once then click the Play arrow and it will run through without stopping the second time. Its your connection speed thats the trouble. This may not work if your on dial up.

Please note that Agmates is not responsible for any content beyond the video we’ve selected. In other words, after you watch the video if you click on further links that come up to other YouTube Videos you do so at your own risk.

Click here to see Agmates ‘Videos of the day’ library.

……………………………………………………………………………………………………………………….

Update: See National Transport Shutdown Coordinator Mick Pattel comment on this video.

Have Your say!

Agmates Editor Steve Truman writes:

A leading transport body says Australia’s Road Transport industry is on the verge of collapse.

The South Australian Road Transport Association says Road Transport companies are going out of business every day.

Sky rocketing fuel prices and Government over regulation are crippling the industry. New government Fatigue management laws and log book fines are causing a chronic shortage of heavy transport drivers.

Fuel prices have doubled in the last 2 years, state Governments are hiking truck and trailer registration fees and freight customers are refusing to pay increased freight rates.

Truck auction businesses are recording a huge increase in the number of trucks and trailers being offered with second hand values plummeting as operators chose to scale down their operations or exit the industry completely.

Queensland Road transport operator Mick Pattel (pictured below) has had enough. He is orchestrating a meeting of transport operators across the country to discuss an organized transport industry SHUTDOWN set to start on Monday the 28th of July 2008.

In an interview with Agmates Mr Pattel who operates a livestock transport business at Richmand in North QLD told us:

“The entire country operates day to day on road transport, be it food in the supermarkets or fuel for cars, planes and boats.

Unless governments State & Federal start listening and acting we will shut the county down. I have made repeated attempts to speak to federal and state transport ministers without any result.

In fact I was told by a staff member of Federal Transport Minister Anthony Albanese (pictured) that the minister would never speak to me. The bureaucrats solution was simple - ‘just pass the increased cost onto your customers, whats the problem?’

I explained to him that my customers are farmers who did not have the ability to pass those costs onto anybody. His response was - ‘thats not your problem’. My reply was that it was because if they all went broke, then I have no business.

This shutdown is too pressure the Government to reverse the new National Transport Reforms passed by the Federal Parliament recently and to meet the list of demands developed at the industry meetings held so far around Australia.

The List of Demands that the Industry is seeking is:

1. Disbanding of the National Transport Commission immediately.

2. No electronic recording systems, or work dairies.

3. No changes in the present log book format.

4. No demerit points on log books, or driving hours regulations.

5. Recoupment of demerit points for professional drivers who earn their living from their licence to be reduced to 12 months not the existing 36 months.

6. No penalty to drivers exceeding prescribed driving time when attempting to reach a vacant heavy vehicle rest area or when marginally over driving hours in compliance with defacto hours proposed under the new NTC ruling for all drivers irrespective of participation of fatigue management programs, and in any case ‘reasonable defence’ is to apply where compliance is not possible.

7. All fines for logbook breaches to be capped at an agreed fixed amount and relate to safety breaches only.

8. All fines and loss of demerit points for logbook breaches to be rescinded, fines and points to be reimbursed, all licences lost as a result of this legislation to be reinstated to previous status.

9. No increases or changes in registration charges for any truck or bus over 4 tonnes, charges to be set in concrete at current levels.

10. No increase or indexation of fuel excise.

11. No fuel based carbon charges or taxes.

12. No changes or variations to the Federal Fuel Energy Grants Scheme or to the State Bulk End User Rebates both of these are to remain in place indefinitely.

13. Authorities to endorse a driver intercept report sheet to create a reporting system to identify rude and unethical enforcement officers.

14. Main Roads Authorities in all States to construct and maintain all weather road train termination pads of adequate size.

15. A priority funded program to provide all weather heavy vehicle rest areas that are designed to provide adequate parking and amenities for the different truck trailer configurations according to truck traffic density.

16. That the log book period be changed from any 24 hour period to midnight to midnight on any calendar day.

17. That an inspection by an officer of either Queensland Transport or the Queensland Police Service of a drivers log book cannot be inspected past 14 days prior to the interception date.

Mick Pattel warned that unless the Federal and State Transport Ministers start too realize that the whole viability of the transport industry is on the line, the shutdown would definitely go ahead. He said:

“These blokes have no idea of the financial pressure truck operators are under.

The Canberra bureaucrat I’ve spoken to told me that the shut down will never happen. He said that truck drivers could never organize themselves enough to put together a nation wide transport shutdown.

What these blokes don’t realize is that you are dealing with people here who’s whole livelyhood is at stake. Transport operators and their families have their backs to the wall and are cornered. Have you ever known a truckie not to come out fighting in that situation.

We are giving them plenty of time to avoid this. When people find there is bugger all food on supermarket shelves and no fuel at service stations - they won’t be blaming us, it will be Minister Albenese and his state counterparts that will have to answer too the people.

Meetings of transport operators continue to be very well attended across the country in the lead up to the Shutdown scheduled to start in 4 weeks time.

……………………………………………………………………………………………………………..

Have Your say! Do you support the truck drivers SHUTDOWN.

Agmates Editor Steve Truman writes:

Lazy & arrogant legislation making by an all powerful QLD Labor Government will create a huge flow on of bureaucratic costs that will pass all the way from food producers to consumers. This is an example of poor government in any form.

Last week saw the passing of the Transport Amendment Bill in the QLD Parliament. The passing of this bill Bill in Queensland will now pave the way for it to be legislated in every state of Australia.

The legislation due to come into effect in September this year means that all those involved in the food chain from farmers, agents, processors, wholesalers, retailers and private citizens will face fines and court action if they cannot correctly read a heavy transport drivers log book.

Considering that a large number of the states police cannot comprehend a truck Drivers log book this is a bizarre law by any standard.

The cost to industry and the state tax payer to incorporate the duplicate layers of systems and documented procedure will be millions of dollars. Those cost will either be borne by producers (who have no ability to pass them on) or in the end by consumers in supermarkets.

Passing this legislation with these flaws and prohibitive costs is just lazy out of touch governing by a party that due to its huge majority of seats, treats the opposition and the good hard working people of Queensland in the food - production / transport/ processing and retail sectors with contempt.

Despite well researched and impassioned pleas from the opposition benches Transport Minister John Mickel (pictured) and his Labor colleagues rammed this costly and impractical legislation through the parliament.

Not only did Labor use its huge majority in the Single House State Parliament to pass the bill, it also used it to cut short the debate.

With plain bloody mindedness, Mr Mickel the member for Logan (no food producers there to trouble himself with) and his Labor colleagues ignored numerous concerns voiced by Liberal, National and Independent Members on behalf of all Queenslanders involved in the food production chain.

On reading the Hansard of the day those concerns had been expessed on behalf of Queensland farmers by Agmates and AgForce and various members of the Livestock trucking Industry. Click here to read an extract from the evenings proceedings up to the final vote.

Agmates feature article last week “Log Book Legislation could See farmers Jailed” brought to light many of the difficulties that this legislation would impose on food producers.

Independent Member for Gladstone Liz Cunningham (pictured) read the Agmates article in its entirety to the house and asked the minister to respond directly to the questions we raised in his reply.

Minister John Mickel failed to address those issues in his reply and was bought to task my Liberal the Deputy Leader:

.

Tim Nichol:

“A number of people have referred to a report released by Agmates, which I also have looked at. The Agmates report refers to a consignor being held responsible for manslaughter.

As I read the legislation, the chain of responsibility—and for the sake of clarity I would ask the minister to say yes or no to this—only relates to offences under this legislation.

Mr MICKEL:

“I will clarify it. The member is asking a fair question that he should take back to his constituents. The advice given to me in relation to that offence is that that would not happen.“

(Agmates: Is that a yes or no? That was government legal advise. It is not difficult to obtain differing legal opion on any range of legislation. I’m guessing that no one will really know until it’s tested in the courts.)

Tim Nichols:

“Clause 61 is one that has excited considerable comment and has been the subject of a number of releases and comments by AgForce in particular which seeks to remove section 150AB(1)(d)(v) and (vi). Subsection (1)(d)(v) and (vi) states—
rules requiring any or all of the following persons to ensure drivers of fatigue regulated heavy vehicles comply with a regulation under this part—
(v) consignors or consignees of goods in the vehicles;
(vi) loading managers of goods in the vehicles.

Effectively it is a regulation-making power that enables the government, through a regulation, to set rules about what a consignor or consignee or a loading manager must do in order to ensure compliance with the fatigue management rules.

I would like the minister to clarify that that is, in fact, the purpose of it…..

John Mickel:

The member has asked three questions. I am advised that the answer to the first question that the member asked is yes.

In relation to the example that the member gave, as part of the education process we will be giving advice to people in the industry on the codes and procedures to assist them.

This is very much part of the education process…….

In essence if you now are the consignor (sender / loader) or the receiver (unloading) you are required by legislation to take all reasonable steps to ensure the truck driver is compliant with his Fatigue management hours. The only way to do this is too check his log book.

Opposition MP’s Tim Nichols, Vaughan Johnson, Mike Horan, Liz Cunningham and Shane Knuth all spoke at lenght on behalf of Rural & Regional Queenslander’s.

They raised many issues of the impracticality of parts of the legislation from caretakers & junior Jackeroos receiving cattle late at night, to city people loading a furniture removal van etc. They may as well have saved their breathe.

Mr Mickel’s response was that the government will train us all and as long as we can prove in court we have taken resonable steps, there will be no convictions.

Mr MICKEL:

I will try to take the members through a couple of things in my non-legal way. I guess the defence is ‘reasonable steps’. (The minister is talking about defending yourself in court) —

Where a person did not know—would be a defence of a reasonable step.

There is no capacity to influence the outcome, so that would be a reasonable defence.

If an offence under standard hours could have been avoided if the driver had taken a short break, it is a defence if the driver can prove that at the time when the driver was required to take the short rest there was no suitable rest place. I think that covers what both members were saying—that the park was full, the guy was not there, whatever.

It is also a defence if the driver took the short rest break at the next suitable rest place available after this time on the forward route of the driver’s journey. In a situation where he goes to pull in and it is full or unsuitable, it is a defense if he can prove that.

There has to be an attempt to influence illegal behaviour or a breaking of fatigue management—or to reasonably know that what you were doing was in defiance of the fatigue management.

It was apparent from the number of Labor MP’s that spoke in favor of the Bill that constituents with grave concerns only speak to opposition MP’s as not one of the Labor MP’s who spoke raised a single negative issue with the Bill.

What QLD Labour has created with this legislation is that each and every producer, agent, processor, wholesaler, retailer and private citizen will now have to be a sudo Main Roads Traffic cop.

Every business in the State will have to have a system / code / procedure in place for the loading and unloading of all heavy transport vehicles (anything over 12 tonne) and checking drivers log books.

With those systems in place when the driver of the truck you just loaded or unloaded gets booked for a log book infringement and your infringement notice automatically arrives in the mail (as the last person to check the log book), you’ll be able to head off to court with your documentation under your arm to demonstrate to the magistrate that you should not have to pay the fine.

You’ll need to be able to prove to the magistrate with documentation that you took ‘reasonable steps’ to ensure the drivers log book was correctly completed.

Heavy haul truck drivers are one of the most heavily policed professionals in the state. They are regularly pulled over and fined for mistakes as simple as a spelling error in log books. Would I be cynical to think that the government will now be able to double dip on the fines. They get the truckie and now they get the Consignor or Consignee as well.

Link to complete Hansard recording from the day.

……………………………………………………………………………………………………

Update 27th July 2008.

Our prediction that this legislation in it’s current form will impact on food prices as truckies arcoss Australia lead by owner driver Mick Pattel stay at home for 2 weeks in the National Transport Shutdown.

……………………………………………………………………………………………………….

Tell us what you think. Have your say!

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.

———————————————————–

Update 27th July 2008.

Our prediction that this legislation in it’s current form will impact on food prices as truckies arcoss Australia lead by owner driver Mick Pattel stay at home for 2 weeks in the National Transport Shutdown.

———————————————————–

Have Your Say!

This is the Hansard record of debate that followed QLD Transport Minister John Mickels reply to a full afternoon and evening of MP’s speaking to the Transport Legislation Amendment Act. These are the final speaches laeding up to the vote which passed the bill on the 14th may 2008. Bureaucratic

Mr Tim NICHOLLS Lib Shadow minister for transport.(8.42 pm): Clause 56 inserts new sections 57DA to 57DD. The clause contains matters that the court can consider in deciding whether someone took reasonable steps in relation to mass, dimension or loadings under 57DA and in relation to driver fatigue under 57DB. New section 57DC relates to reasonable steps.

A number of regulations are outlined, particularly in relation to new section 57DD, which states-
For sections 57DB and 57DC, a regulation may provide for-

(a) the ways, or examples of ways, a person may identify and assess the aspects of activities of the person…

(b) the measures, or examples of measures, a person may take to eliminate or minimise risks…

I thank the minister for his willingness to make officers of the department available to explain the operation of the reasonable steps defence for consignors and consignees. While he has covered part of this in his address in reply, could the minister give practical examples of how the regulation will work?

For example, in what way could a person show that they have taken reasonable steps? Fundamentally, this clause is the one that will make it all hang together. If the regulations that this clause introduces do not work, drivers, consignors, consignees and loaders will be particularly vulnerable.

Mr John MICKEL Lab Minister for Transport: I restate for the honourable gentleman and for the record that the offer is available to all members who want to participate in such a session.

The member asked for a couple of examples and I will provide them for the House:

• workplace procedures and policies that relate to fatigue and compliance with work and rest hours;
• contingency planning in relation to fatigue and work and rest hours;
• a program to report and monitor fatigue related incidents, risks and hazards;
• a program for assessing driver fitness for duty;
• training and information for drivers, staff and parties in the chain of responsibility about fatigue and compliance with work and rest hours;
• appropriate supervision of the management of drivers, staff and parties in the chain of responsibility;
• allowing for traffic or other delays in scheduling, which is an example that a lot of members raised; a system
• for giving drivers sufficient notice of schedule changes;
• a system to maintain equipment, work systems and work records;
• compliance assurance conditions in relevant commercial arrangements with other parties in the chain of responsibility;
• avoiding incentives or demands in commercial arrangements, which I think might be the flash point where a lot of people could get into trouble;
• avoiding incentives or demands in commercial arrangements that may cause fatigue or breaches of work rest hours;
• and, obviously, a system for monitoring and remedying problems related to fatigue and work rest hours.

In answer to the honourable member for Clayfield, those are the examples that I can give off the top of my head.

I say to the honourable gentleman, the opposition and the Independents that if people from their electorates raise other practical examples, our officers will be available to take members through those various incidents.

Mr NICHOLLS: I thank the minister for his willingness to make officers available and for those examples.

New section 57DD deals with the measures that a person needs to take in order to assess the fatigue of the driver.

The member for Toowoomba South covered this issue in his speech. He spoke about how someone loading six decks of cattle can practically assess whether the driver will be in contravention of fatigue regulations.

I understand the systems that the minister has mentioned, and they would probably work well for the big operators that run road trains such as an AA company. Large operators would have the capacity and the sophistication to run those systems.

However, someone working at Gregory Downs or up in the gulf country will not be a part of that type of operation. It is important for the regulations to consider those consignors or loaders who may not have the capacity to implement a systems based approach.

A number of people have referred to a report released by Agmates, which I also have looked at. The Agmates report refers to a consignor being held responsible for manslaughter. As I read the legislation, the chain of responsibility-and for the sake of clarity I would ask the minister to say yes or no to this-only relates to offences under this legislation.

Is it right that under this legislation there is no reverse onus of proof or chain of responsibility with respect to, say, a manslaughter charge which would relate to a criminal prosecution, and the Agmates release is false insofar as it relates to that particular area?

Mr MICKEL: I will clarify it. The member is asking a fair question that he should take back to his constituents. The advice given to me in relation to that offence is that that would not happen.
Clause 56, as read, agreed to.
Clauses 57 to 60, as read, agreed to.
Clause 61-

.

Mr NICHOLLS (8.49 pm): Clause 61 is one that has excited considerable comment and has been the subject of a number of releases and comments by AgForce in particular which seeks to remove section 150AB(1)(d)(v) and (vi). Subsection (1)(d)(v) and (vi) states-

rules requiring any or all of the following persons to ensure drivers of fatigue regulated heavy vehicles comply with a regulation under this part- …
(v) consignors or consignees of goods in the vehicles;
(vi) loading managers of goods in the vehicles.

Effectively it is a regulation-making power that enables the government, through a regulation, to set rules about what a consignor or consignee or a loading manager must do in order to ensure compliance with the fatigue management rules.

I would like the minister to clarify that that is, in fact, the purpose of it: that it brings consignors, consignees and loaders within the ambit of the regulation-making power.

In this respect the regulation would again need to provide for innocent consignors and consignees-that is, unsophisticated consignors and consignees who do not know the system.

For example, if someone gets transferred from Brisbane to Mount Isa and they pack up their house and put it in a container that gets loaded on the back of a truck that then heads up to Mount Isa, that family would not be sophisticated or cognisant of the rules relating to it. They have a contract with the company to do that.
In those circumstances does the minister envisage that the regulations would be able to accommodate those unsophisticated consignors or consignees or the people who may be infrequent users but who otherwise would be caught by the regulation?

Mr MICKEL: The member has asked three questions. I am advised that the answer to the first question that the member asked is yes.

In relation to the example that the member gave, as part of the education process we will be giving advice to people in the industry on the codes and procedures to assist them. We can even provide advice on whether the contracts that they enter into can protect them.
This is very much part of the education process. This is where I see huge value in having a briefing session with those opposite so that as they interact with the industry and go back to their electorates they will have a raft of examples. I do not want to cause any angst to those people. We are happy to work with them. We will listen to them and provide advice on codes and procedures.

Mr Mike HORAN NAP Shadow minister for Ag : I appreciate the offer of the briefing but it is important for us to get these matters on the record in the debate in parliament. We have to bring up the concerns of the people who are worried and put them on the record. However, we do appreciate the offer of a briefing.
This clause worries many people. I spoke about it in my contribution. It is hard to understand how this can be done at times. A consignee may have four or five decks that arrive at 10 o’clock at night from the north-west to a feedlot or a backgrounding block on the downs. They can be out there with a torch in the middle of the night.

What happens if the trucks have trouble, with cattle down, 50 kilometres away and the driver has run out of time? Does he stay there and let the cattle suffer or does he push on the 50 kilometres and get there?

If he is over time, what does the farmer who has bought and is receiving the cattle do? Does he actually become a de facto policeman? Does he say, ‘I am going to dob you in. I am going to report you’? Is he doing the work of the police and the Department of Transport? What will happen to a consignee in that case?

Even a consignor could say to the driver, ‘You have got here a bit late. You are not going to make it.’ Does he have to stop the driver from going? If the driver goes, where does he stand? I think the whole thing is pretty impractical.

Mr Vaughan JOHNSON NAP Member for Gregory: As the opposition spokesmen, the member for Toowoomba South, has pointed out, this is an integral part of this legislation. I highlighted this part of the legislation in my address this afternoon. Section (1)(a) states-

rules requiring drivers of fatigue regulated heavy vehicles to take stated minimum periods of rest and to work no longer than stated maximum periods;

In many areas of the state this is not practical at all because the stated areas of rest are not convenient for heavy vehicle drivers to be able to pull over. This is a real area of concern and one where drivers can be penalised to the maximum because rest areas are not available.

The rules require that drivers be in a fit state of health and wellbeing to drive fatigue regulated heavy vehicles safely. I believe that this is a slur on the reputation of drivers. In this modern day and age we are talking about a professional industry, an industry where people do care and are responsible in the carrying out of proper workmanship in their workplace.

I can assure members that these people go about their business in a very professional and dedicated manner. Heavy vehicle operators, regardless of where they are in this state, are amongst some of the most professional drivers we have in this land.

The real issue here is in section (1)(d)(i) and (ii) which states-
rules requiring any or all of the following persons to ensure drivers of fatigue regulated heavy vehicles comply with a regulation
under this part-
(i) employers of the drivers;
(ii) operators of the vehicles;

In relation to the employers of the operators, whilst the employers are the persons who employ these drivers, the responsibility always comes back to the driver. Whether the driver is out on the Barkly Highway between Mount Isa and Camooweal or whether the driver is between Gympie and Maryborough on the Bruce Highway, the onus always comes back to the driver in charge of that heavy vehicle.

I ask the minister why the rules require all of the named persons to ensure that drivers of fatigue regulated heavy vehicles comply with a regulation under this part? I think that the real problem lies with the driver. I know that the owners of the vehicles or the company operators are responsible for the operation, but once that driver gets out on the road he or she is in charge of that vehicle and is the person in jeopardy if there is a breach of the Transport Act. They are the ones who lose the three demerit points or cop the fine. The industry is in such a fragile state because of the purging of these drivers.

Mr HORAN: I asked questions along these lines to the minister previously but I just want to add to it. Paragraph (2) on page 52 states-
The power to make a regulation providing for rules requiring a person to ensure something includes the power to provide for rules-
(a) requiring a person to take all reasonable steps to ensure the thing; and
(b) otherwise encouraging the person to take action that will in effect ensure the thing.

It might be a caretaker receiving cattle in the yard who really does not know what it is all about, or it might be a jackeroo or someone who has been sent down. What is going to happen to some of these people if the driver is booked for something? Is the caretaker who was there to see that the cattle were unloaded going to be in trouble? What will be considered reasonable action? They actually have to take almost a police type action as a person.

The whole making of this regulation and the way in which it is put together will be so important. I said in my speech that it almost needs to be like a docket you sign to say that you have received the goods in good order; it needs to be simple and practical.

Mr NICHOLLS: I will not labour the point; it has been made time and time again. In the minister’s response he referred to the national legislation.

I referred to clause 32 and the minister said that was going to form the basis of the regulations that were going to be implemented. Will that regulation be a part of the regulations the minister envisages under this section? Is that how the minister envisages the national model regulation would be implemented? Is that under section 150AB?

In that circumstance, do we need to go through this national legislation to see if the issues about the consignor or the consignee actually checking the logbook are covered in this regulation?

Mr MICKEL: I will try to take the members through a couple of things in my non-legal way. I guess the defence is ‘reasonable steps’.

Some of the examples used by the member for Toowoomba South-
where a person did not know-would be a defence of a reasonable step. There is no capacity to influence the outcome, so that would be a reasonable defence. I am trying to capture the essence of the three opposition members, so I will give the examples given to me and we will see how we go from there.

I think the member for Toowoomba South, or it was possibly the member for Gregory, talked about the standard hours. If an offence under standard hours could have been avoided if the driver had taken a short break, it is a defence if the driver can prove that at the time when the driver was required to take the short rest there was no suitable rest place. I think that covers what both members were saying-that the park was full, the guy was not there, whatever.

It is also a defence if the driver took the short rest break at the next suitable rest place available after this time on the forward route of the driver’s journey. In a situation where he goes to pull in and it is full or unsuitable, it is a defence if he can prove that.

There has to be an attempt to influence illegal behaviour or a breaking of fatigue management-or to reasonably know that what you were doing was in defiance of the fatigue management. I am trying to capture the essence of the three members. I think that is about where we sit.

Mr JOHNSON: I do not want to labour this point, and I thank the minister for his forthrightness and honesty in trying to address this. This is an integral part of and a very contentious issue in relation to heavy vehicle operation. I again say that these drivers are trying to do the right thing.

We are seeing at the moment that many of these drivers are vacating the industry because of the complexity of the law and the law as it has existed in the past. Many of them are finding alternative forms of income outside the heavy transport industry.

As a result, we are losing these professional people and we are in fear now of seeing less-than-professional operators operate these vehicles.

I say to the minister tonight-I have raised this with officers in his department before, and these are people for whom I have immense respect and who understand exactly where I come from-that in the past a lot of drivers have had the book thrown at them in relation to logbook claims, where they have been three or four weeks out or there has been a breach.

The police in particular can go back through the logbooks and find that a driver has not put in the right name of a property or a town, or highlight something that is not right or see where the driver has left something out.

The driver then cops the three demerit points or the fine. I find this absolutely deplorable when it comes to professional ethics. We are losing many drivers, these really professional people in the industry, because they fear they will lose their licence.

What chance do these operators have of being able to present their case to the department of transport, even if it is two, three or six months later, by saying, ‘This is exactly what happened. I lost my licence for this breach but it is a minor issue’? These are truly professional people. There is no other industry in this country where people in this type of employment are subjected to this type of scrutiny.

I think this is a very important issue. As I said this afternoon, the general secretary of the TWU, Hughie Williams, is right on this case talking about driver fatigue and road safety. I agree with him, but at the same time we do not want to be driving the good people out of the industry for the sake of not being able to have recompense or not being able to come back.

Minister, what chance have we got of expunging some of those petty issues so we can keep this industry flowing and save the inconveniences we will see?

Mr MICKEL: There are two aspects to it. I did answer much of the member’s concern, but I think he was out of the House for my summing-up.

I am advised that we are working with new drivers coming into the industry through our capability unit to help them address some of these issues. Also, we can review any penalties. If the member brings them forward to us, we will review them and see if people were dealt with harshly.

The Final vote on the bill:

The AYES, 50-Attwood, Barry, Bombolas, Choi, Darling, Fenlon, Fraser, Grace, Gray, Hayward, Hinchliffe, Hoolihan, Jarratt, Jones, Keech, Kiernan, Lawlor, Lee, McNamara, Mickel, Miller, Moorhead, Nelson-
Carr, Nolan, O’Brien, Palaszczuk, Pitt, Purcell, Reeves, Reilly, Roberts, Robertson, Schwarten, Scott, Shine, Smith, Spence, Stone, Struthers, Sullivan, van Litsenburg, Wallace, Weightman, Welford, Wells, Wendt, Wettenhall, Wilson. Tellers: Male, Finn

The NOES, 28-Copeland, Cripps, Dempsey, Elmes, Flegg, Foley, Gibson, Hobbs, Hopper, Horan, Johnson, Knuth, Langbroek, Lee Long, McArdle, Malone, Menkens, Messenger, Nicholls, Pratt, Seeney, Simpson, Springborg, Stevens, Stuckey, Wellington.
Tellers: Rickuss, Dickson
Resolved in the affirmative.