10. DAVID BENNETT (National—Hamilton East) Link to this
to the Minister for Transport Safety
Is he confident that the new land transport rules for work time and logbooks, due to take effect next month, are flexible enough to support New Zealand’s agricultural sector?
Hon HARRY DUYNHOVEN (Minister for Transport Safety) Link to this
Yes. Overall, there was wide consultation on these rules. They continue existing agricultural exemptions for logbooks, and the ability for the Director of Land Transport to grant variations that allow for short-term work-time extensions to meet urgent agricultural requirements, when these are deemed to be safe.
Does the Minister understand that agricultural contractors need to make hay while the sun shines, and how can he expect contractors to stop work and comply with the compulsory work rates in the regulations?
Hon HARRY DUYNHOVEN Link to this
An issue has, apparently, evolved— I was told about it today—in regard particularly to the very large—
Hon HARRY DUYNHOVEN Link to this
Well, maybe. It has evolved in regard to the very large tractors, of 4½ tonnes or greater, that some of the larger contracting organisations use. These tractors, when operated by a contractor on a road or further than 50 kilometres from a farm, will be subject to logbooks under the new rules, whereas currently they are not. However, I am told that that does not affect the work-time programme or the requirement to comply with the rules covering driving-hours.
Hon HARRY DUYNHOVEN Link to this
The New Zealand Road Transport Forum, which represents the vast majority of the commercial road industry, including rural operators, has publicly stated that it welcomes the new provisions, and believes that they will make compliance easier and more practical for the industry while at the same time making trucking safer.
Does the Minister understand that agricultural contractors have to harvest a crop when it is ready, and how can he expect them to stop work in order to comply with the regulations, thereby putting crops in this country at risk of ruin?
Hon HARRY DUYNHOVEN Link to this
I am sorry that the member did not seem to understand the importance of my answer to his first question. He actually missed the critical point, which is that contractors until now have had an exemption from logbook rules. Currently, they do not have that. We are looking at that issue. I have been advised that it was not specifically raised by the contractors or anyone else during the public consultation phase of the development of the rules. We are working to fix it. We will find a solution. Had the member raised the issue with me, instead of trying to grandstand, we could well have done it. I would like to—
Hon HARRY DUYNHOVEN Link to this
I would just like to tell Dr Nick Smith that this issue came about due to a legislative change. It was not picked up in the rules translation following that legislative change. The moment I heard about it I set about trying to fix it, and that was this morning.
Will the Minister clarify the situation: is it correct that every vehicle owned by the owner or manager of a farm, and used within 50 kilometres of that farm for agricultural purposes related directly to the management of that farm, including a vehicle used on a road to transport farm products, farm implements, stock, or farm requisites of any kind within such a distance, is exempt from the driving-hours logbook legislation; if it is true, is that not fair and reasonable for the agricultural sector?
Hon HARRY DUYNHOVEN Link to this
Yes. The member has summed it up very neatly. It has always been the case that those vehicles, when driven by employees, are exempt from logbook rules.
Does the Minister have safety and quality concerns over agricultural contractors having to employ relief drivers, and drivers speeding to finish jobs within the regulations, and when will the Minister rewrite these regulations to reflect the practicalities of the contracting industry?
Hon HARRY DUYNHOVEN Link to this
First, for the third time I tell the member quite clearly that this minor and very small group of vehicles—it is a small group of vehicles—has been exempt until now. A change in legislation has unfortunately resulted in the rules—not regulations—having an unintended consequence. We will fix it.
I know we are out of our normal routine with question time, but members should reflect just occasionally on how they sound. If we could keep interjections relevant and rare.
I seek leave to table the land transport rule Work Time and Logbooks 2007, which do not grant any exemptions—
Hon HARRY DUYNHOVEN Link to this
I seek leave to table a statement from the Road Transport Forum praising the introduction of the new—