The Condah farmer and hay contractor who contested a $398 fine for carrying two bales of hay on his tractor forks to help a drought-stricken neighbour has had the penalty notice thrown out.
The National Heavy Vehicle Regulator (NHVR) has instead issued Graham ‘Thommo’ Thomson with a warning, despite claiming three potential offences were identified, reports GrainCentral.com.
“I think they were so frightened of the bad publicity they were going to get that they thought this isn’t worth fighting,” Thommo told the website.
“They wouldn’t want 200-300 angry farmers growling at them.”
A GoFundMe page set up in June to help Thommo fight the fine in court quickly raised $3335 from 67 donations.
In a letter to Thommo, the NHVR said “the size of the hay bales balancing on the tractor and the lack of restraining system had the potential to cause a risk to road users.”
The regulator said he had been driving a heavy vehicle not compliant with loading requirements, using a vehicle in breach of its registration and driving whilst not having a clear view of the road ahead.
“You have not been detected committing these offences previously, your intended journey was short and the risk to road users did not materialise.
“As such on this occasion a prosecution will not take place for any of these offences.
“Instead: A warning is hereby issued to you; and you are warned that you may be prosecuted if further breaches are detected.”
Thommo said he would now use a strap rated at five tonne capacity for restraining hay bales on his tractor forks, but disputed that he did not have a clear view ahead while loaded with hay on his tractor forks.
He also told GrainCentral.com that he disagreed with the NHVR suggestion that carrying hay on tractor forks is “not primary production.”
“There would be a million loads of hay a year loaded with primary producer tractors wouldn’t there?,” he said.
“To say that hay is not primary production, well what is it?”
Leader of Katter’s Australia Party, Robbie Katter, said the result underlines why governments need to stop treating farmers like criminals for doing their job.
“We need common sense in the paddock and on the roads, not more red tape from people who’ve never loaded a bale in their life,” Katter wrote in a Facebook post.
“Good on Graham and everyone who stood with him. When farmers push back together, we win.”
The NHVR has now issued a safety bulletin highlighting the critical importance of proper load restraint, visibility, and the use of suitable vehicles to transport loads on public roads.
“We uphold a balanced approach to compliance, and we will continue to work closely with the farming and agricultural community to play our role in supporting safe practices,” the spokesperson said.
1.6 million dollars should be spent on the highway, the biggest problem is that the roads are being built to budget not to standards
The roads are being built to budget not to standard