A parliamentary question regarding regulations for towed agricultural implements, specifically addressing delays in resolving issues with the 2002 regulations and confusion among law enforcement. The Minister's response disputes the premise of the question and highlights a policy disagreement regarding the carrying of loads.

AnsweredQoN 275Legislative Assembly
Asked
17 May 2006
Portfolio
Planning and Infrastructure

QuestionView source ↗

TOWED AGRICULTURAL IMPLEMENTS - REGULATIONS
Given that the Road Traffic (Vehicle Standards) Regulations 2002 were found to be unworkable as they pertain to farming operations and the Road Traffic (Towed Agricultural Implements) Regulations 1995 are now in force - (1) Why has it taken three years to resolve the unintended consequences of the 2002 regulations? (2) Given that the Department for Planning and Infrastructure and the heavy vehicles section within Main Roads Western Australia have had a copy of the recommended regulations for more than 12 months, can we expect these amendments to be approved and tabled in this house before the winter recess? (3) If not, can the minister assure the house that resources will be put in place to progress these amendments judiciously? (4) Is the minister aware that as a result of the lack of decision making, police officers in regional areas are confused and unaware of which regulations to enforce? Ms A.J.G. MacTIERNAN

AnswerView source ↗

(1)-(4) I do not accept the assumptions that are embedded in that question. There seems to be a view or concern that the current provisions prevent agricultural implements from being towed on roadways if they are carrying a load. My advice is that the current regulations do not, in fact, contain that restriction on agricultural implements. I do understand that there is concern that they should and, indeed, the national view and the view of the Department for Planning and Infrastructure is that there should be such a prohibition. However, as we understand them, the current regulations do not provide that prohibition. Clearly, a policy decision is in dispute. As far as we can ascertain at the moment, the position is, and certainly our advice from Main Roads is, that towed agricultural implements are entitled to carry a load. There is pressure on us to change that and to implement new regulations that will preclude them from carrying a load. I am very surprised that the member for Avon would want us to advance with such a measure because his colleague in the upper house is urging us to go in the opposite direction. It is a complex matter. Amendments were gazetted in February this year, but there is an ongoing debate on a policy matter concerning whether towed agricultural implements should carry a load. At the moment, the regime favours the farming community. I would expect the National Party to support that.
(1) Why has it taken three years to resolve the unintended consequences of the 2002 regulations? (2) Given that the Department for Planning and Infrastructure and the heavy vehicles section within Main Roads Western Australia have had a copy of the recommended regulations for more than 12 months, can we expect these amendments to be approved and tabled in this house before the winter recess? (3) If not, can the minister assure the house that resources will be put in place to progress these amendments judiciously? (4) Is the minister aware that as a result of the lack of decision making, police officers in regional areas are confused and unaware of which regulations to enforce? Ms A.J.G. MacTIERNAN replied: (1)-(4) I do not accept the assumptions that are embedded in that question. There seems to be a view or concern that the current provisions prevent agricultural implements from being towed on roadways if they are carrying a load. My advice is that the current regulations do not, in fact, contain that restriction on agricultural implements. I do understand that there is concern that they should and, indeed, the national view and the view of the Department for Planning and Infrastructure is that there should be such a prohibition. However, as we understand them, the current regulations do not provide that prohibition. Clearly, a policy decision is in dispute. As far as we can ascertain at the moment, the position is, and certainly our advice from Main Roads is, that towed agricultural implements are entitled to carry a load. There is pressure on us to change that and to implement new regulations that will preclude them from carrying a load. I am very surprised that the member for Avon would want us to advance with such a measure because his colleague in the upper house is urging us to go in the opposite direction. It is a complex matter. Amendments were gazetted in February this year, but there is an ongoing debate on a policy matter concerning whether towed agricultural implements should carry a load. At the moment, the regime favours the farming community. I would expect the National Party to support that.
(2) Given that the Department for Planning and Infrastructure and the heavy vehicles section within Main Roads Western Australia have had a copy of the recommended regulations for more than 12 months, can we expect these amendments to be approved and tabled in this house before the winter recess? (3) If not, can the minister assure the house that resources will be put in place to progress these amendments judiciously? (4) Is the minister aware that as a result of the lack of decision making, police officers in regional areas are confused and unaware of which regulations to enforce? Ms A.J.G. MacTIERNAN replied: (1)-(4) I do not accept the assumptions that are embedded in that question. There seems to be a view or concern that the current provisions prevent agricultural implements from being towed on roadways if they are carrying a load. My advice is that the current regulations do not, in fact, contain that restriction on agricultural implements. I do understand that there is concern that they should and, indeed, the national view and the view of the Department for Planning and Infrastructure is that there should be such a prohibition. However, as we understand them, the current regulations do not provide that prohibition. Clearly, a policy decision is in dispute. As far as we can ascertain at the moment, the position is, and certainly our advice from Main Roads is, that towed agricultural implements are entitled to carry a load. There is pressure on us to change that and to implement new regulations that will preclude them from carrying a load. I am very surprised that the member for Avon would want us to advance with such a measure because his colleague in the upper house is urging us to go in the opposite direction. It is a complex matter. Amendments were gazetted in February this year, but there is an ongoing debate on a policy matter concerning whether towed agricultural implements should carry a load. At the moment, the regime favours the farming community. I would expect the National Party to support that.
(3) If not, can the minister assure the house that resources will be put in place to progress these amendments judiciously? (4) Is the minister aware that as a result of the lack of decision making, police officers in regional areas are confused and unaware of which regulations to enforce? Ms A.J.G. MacTIERNAN replied: (1)-(4) I do not accept the assumptions that are embedded in that question. There seems to be a view or concern that the current provisions prevent agricultural implements from being towed on roadways if they are carrying a load. My advice is that the current regulations do not, in fact, contain that restriction on agricultural implements. I do understand that there is concern that they should and, indeed, the national view and the view of the Department for Planning and Infrastructure is that there should be such a prohibition. However, as we understand them, the current regulations do not provide that prohibition. Clearly, a policy decision is in dispute. As far as we can ascertain at the moment, the position is, and certainly our advice from Main Roads is, that towed agricultural implements are entitled to carry a load. There is pressure on us to change that and to implement new regulations that will preclude them from carrying a load. I am very surprised that the member for Avon would want us to advance with such a measure because his colleague in the upper house is urging us to go in the opposite direction. It is a complex matter. Amendments were gazetted in February this year, but there is an ongoing debate on a policy matter concerning whether towed agricultural implements should carry a load. At the moment, the regime favours the farming community. I would expect the National Party to support that.
(4) Is the minister aware that as a result of the lack of decision making, police officers in regional areas are confused and unaware of which regulations to enforce? Ms A.J.G. MacTIERNAN replied: (1)-(4) I do not accept the assumptions that are embedded in that question. There seems to be a view or concern that the current provisions prevent agricultural implements from being towed on roadways if they are carrying a load. My advice is that the current regulations do not, in fact, contain that restriction on agricultural implements. I do understand that there is concern that they should and, indeed, the national view and the view of the Department for Planning and Infrastructure is that there should be such a prohibition. However, as we understand them, the current regulations do not provide that prohibition. Clearly, a policy decision is in dispute. As far as we can ascertain at the moment, the position is, and certainly our advice from Main Roads is, that towed agricultural implements are entitled to carry a load. There is pressure on us to change that and to implement new regulations that will preclude them from carrying a load. I am very surprised that the member for Avon would want us to advance with such a measure because his colleague in the upper house is urging us to go in the opposite direction. It is a complex matter. Amendments were gazetted in February this year, but there is an ongoing debate on a policy matter concerning whether towed agricultural implements should carry a load. At the moment, the regime favours the farming community. I would expect the National Party to support that.
Ms A.J.G. MacTIERNAN replied: (1)-(4) I do not accept the assumptions that are embedded in that question. There seems to be a view or concern that the current provisions prevent agricultural implements from being towed on roadways if they are carrying a load. My advice is that the current regulations do not, in fact, contain that restriction on agricultural implements. I do understand that there is concern that they should and, indeed, the national view and the view of the Department for Planning and Infrastructure is that there should be such a prohibition. However, as we understand them, the current regulations do not provide that prohibition. Clearly, a policy decision is in dispute. As far as we can ascertain at the moment, the position is, and certainly our advice from Main Roads is, that towed agricultural implements are entitled to carry a load. There is pressure on us to change that and to implement new regulations that will preclude them from carrying a load. I am very surprised that the member for Avon would want us to advance with such a measure because his colleague in the upper house is urging us to go in the opposite direction. It is a complex matter. Amendments were gazetted in February this year, but there is an ongoing debate on a policy matter concerning whether towed agricultural implements should carry a load. At the moment, the regime favours the farming community. I would expect the National Party to support that.
(1)-(4) I do not accept the assumptions that are embedded in that question. There seems to be a view or concern that the current provisions prevent agricultural implements from being towed on roadways if they are carrying a load. My advice is that the current regulations do not, in fact, contain that restriction on agricultural implements. I do understand that there is concern that they should and, indeed, the national view and the view of the Department for Planning and Infrastructure is that there should be such a prohibition. However, as we understand them, the current regulations do not provide that prohibition. Clearly, a policy decision is in dispute. As far as we can ascertain at the moment, the position is, and certainly our advice from Main Roads is, that towed agricultural implements are entitled to carry a load. There is pressure on us to change that and to implement new regulations that will preclude them from carrying a load. I am very surprised that the member for Avon would want us to advance with such a measure because his colleague in the upper house is urging us to go in the opposite direction. It is a complex matter. Amendments were gazetted in February this year, but there is an ongoing debate on a policy matter concerning whether towed agricultural implements should carry a load. At the moment, the regime favours the farming community. I would expect the National Party to support that.

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