CARTING QUARRY PRODUCTS

BRUCE MCCLURE, CMPA’s General Manager reports on the use of primary production registered trucks to commercially cart Quarry Products.

A number of Members have raised with the CMPA the situation where some vehicles registered for primary production are also being used to cart products from quarries to sites for customers undertaking construction works.

In most instances, the use of these vehicles is undercutting the livelihood of many cartage contractors who cart material using properly registered vehicles.

However, what is far more important and needs to be urgently acted upon is that all Members need to note that it appears from the Road Safety Act particularly Section 7 (2) a or b that unless the vehicle is being used solely in the business of the owner as a primary producer, then it is outside of the conditions of registration (refer to VicRoads Registration Concessions) and therefore in the circumstances described, an offence is being committed.

If a registered operator applies for a Registration Concession as provided for by the Road Safety (Vehicles) Regulations 2009, that registration has been granted on the basis that the vehicle is to be used solely in the business of a primary producer, that is, Primary Producer means a person engaged solely or substantially in agricultural, horticultural, viticultural, dairying, pastoral or other like activities.

Consequently, if a vehicle registered with a concession (as provided by the Road Safety (Vehicles) Regulations 2009), then that vehicle cannot be used for any other operation that does not relate to primary production. That is the registered owner cannot commercially compete on the open market as a contract carrier.

The primary producer registration concession means that the primary producer has a distinct competitive advantage over any other transport operator that is required to pay full registration. This is anti competitive.

The above obviously has serious repercussions if such vehicles when carting non primary production products are involved in an accident. The insurance issue may be such that any such vehicle involved in an accident may not be insured for damage of his/her own vehicle or any other vehicle involved in the accident.

When this legislation was introduced it was intended to assist farmers in minimising the financial burdens experienced with operating expensive trucks in their agricultural pursuits. The legislation never intended that farmers could achieve cheaper registration for farm activities and then compete on the open market against transport operators that are required to pay 100% of the registration fee.

There is no offence under the legislation if a quarry actually loads a vehicle registered “primary producer”, and allows the vehicle to depart to make a delivery, any offence is committed by the person using the vehicle or an owner allowing the vehicle to be used.

There is obviously a moral dilemma for quarry operators or other parties who knowingly engage vehicles (either directly or indirectly) that are not appropriately registered, even if the operator slashes transport rates to win the task against commercially registered transport operators. We have seen the introduction of Chain of Responsibility (COR) legislation for a range of offences and whilst this offence is not part of that legislation the moral responsibility is no less.

For more information relating to vehicle registration go to www.vicroads.vic.gov.au/Home/Registration/

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