Agriculture Tractor Review Group

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A decision made 8 October 2010 regarding: Agriculture Tractor Review Group - establishment of.

Decision Reference: MD-T-2010-0098
Decision Summary Title :	Establishment of Agricultural Tractor Review Group		Date of Decision Summary:	29 September 2010
Decision Summary Author:	Head of DVS & Inspector of Motor Traffic		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Establishment of Agricultural Tractor Review Group		Date of Written Report:	29 September 2010
Written Report Author:	Head of DVS & Inspector of Motor Traffic		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Establishment of Agricultural Tractor Review Group
Decision(s): The Assistant Minister approved the establishment of a Review Group to examine the issues surrounding the circulation of agricultural tractors and other agricultural vehicles operating in the Island and make recommendations on any changes required to legislation, custom and practice. The Assistant Minister also approved the Terms of Reference for the Review Group.
Reason(s) for Decision: To address concerns raised about the operation of agricultural tractors.
Resource Implications: None
Action required: Assistant Minister and Head of Driver and Vehicle Standards to arrange meetings of the Review Group and provide a report on the Group’s findings within the appropriate timescales.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Agriculture Tractor Review Group - establishment of

TRANSPORT AND TECHNICAL SERVICES

ROAD TRAFFIC (JERSEY) LAW 1956

ESTABLISHMENT OF AGRICULTURAL TRACTOR REVIEW GROUP

Purpose of the Report

To consider establishing a Review Group to examine the issues surrounding the circulation of agricultural tractors and other agricultural vehicles operating in the Island and make recommendations to the Minister on any changes required to legislation, custom and practice.

Background

The current legislation relating to the use of agricultural tractors was established when tractors were smaller, less powerful, had a maximum speed of around 15 miles per hour and were used on farms which were family run with the fields in close proximity to the farmyard.

In recent years, agricultural tractors have become much larger, more powerful, faster and travel greater distances. They are operated by large agricultural businesses with fields and warehouses spread throughout the Island or by contractors serving these businesses.

These larger tractors can be driven by a 16 year old with a provisional licence or anyone with a car licence. In addition, the use of agricultural tractors appears to have strayed into non-agricultural work, particularly general haulage work.

Discussion

In the Road Traffic (Jersey) Law 1956, an agricultural tractor is defined as follows:-

“agricultural tractor” means a motor tractor designed and used primarily for work in connection with agriculture which is driven on a road only when proceeding to and from the site of such work and which when so driven hauls nothing more than land implements or an agricultural trailer;

Concern has been expressed by the Comité des Connétables about the size of agricultural tractors and associated machinery circulating on the Island’s roads, the speed the vehicles travel at, the damage caused to banques and walls by such vehicles and the licensing requirements to drive these vehicles.

In addition, there have been a number of reported instances of agricultural tractors being used on public roads for work not in connection with agriculture and not between agricultural sites, for example, hauling boats, crowd control barriers, construction plant and even deck chairs. In such cases, the vehicle can no longer be considered an “agricultural tractor” and the driver can no longer legally drive the tractor on the strength of a category “F” (agricultural tractor) driving licence. In such cases, these tractors and trailers are competing directly with the haulage industry that has to provide vehicles wholly compliant with the relevant Construction and Use and Lighting legislation and drivers that are appropriately licensed. The haulage industry is concerned that such competition is not on a level playing field as it has higher base costs than the agriculture industry.

It is likely to be the case in most situations that the agricultural tractors will be running on untaxed red diesel whereas trucks and vans will be running on taxed white diesel.

In view of the concerns, it has been suggested that a Review Group, under the chairmanship of the Assistant Minister for Transport and Technical Services, be established to examine the issues surrounding the circulation of agricultural tractors and other agricultural vehicles operating in the Island and make recommendations to the Minister on any changes required to legislation, custom and practice.

Draft Terms of Reference for the Review Group are attached. The Minister has approached the Connétables of St John and St Saviour and Deputy Fox to be members of the Review Group.

The Review Group will consult widely and make its recommendations to the Minister by April 2011.

Recommendation

The Assistant Minister is recommended to:-

1. Establish a Review Group to examine the issues surrounding the circulation of agricultural tractors and other agricultural vehicles operating in the Island and make recommendations to the Minister on any changes required to legislation, custom and practice.

2. Approve the Terms of Reference for the Review Group.

Reason(s) for Decision

To address concerns raised about the operation of agricultural tractors.

Action Required

Assistant Minister and Head of Driver and Vehicle Standards to arrange meetings of the Review Group and provide a report on the Group’s findings within the appropriate timescales.

Written by:	Head of Driver and Vehicle Standards

Approved by:	Acting Director of Transport

Attachments:	Terms of Reference