Page 353 - Week 02 - Tuesday, 20 February 1990
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The Minister indicated in his speech that consultation had taken place with a large range of groups. As the former Minister, I was involved in a number of these discussions because I was most concerned to make sure that this legislation would be introduced in a way which would not disrupt the transport industry and the many people who make a living from it. My discussions with groups such as the Transport Workers Union of Australia and the ACT Tippers Association drew attention to a number of problems with the proposed legislation which I was developing at the time.
The first major problem which I would like to mention today is that the ACT has become a dumping ground for vehicles which were outlawed in other States by similar legislation. While it would be very easy for us to simply ban those vehicles here as well, we must recognise the fact that those vehicles have been legally registered and in many cases legally operated in the ACT for some years.
As Minister, I indicated that two things could be done to deal with this problem. I agreed that a phasing-in period would occur, when only the worst offenders would be prosecuted; other people would receive warnings so that they could become used to the new legislation and would have time to do something about it. I also agreed that the system of permits under the legislation would be used to allow existing registered vehicles to continue in operation for a reasonable period while they were modified or replaced. As you would understand, Mr Speaker, this is important because it would allow owner-drivers with trucks that do not meet the new rules a reasonable time to make them comply. I will come back to those problems later.
The second problem which was raised with me relates to situations where the truck driver has little or no control over the loading of his truck. This can occur where, for example, a supermarket delivery involves the loading of the truck in the order in which the items will be unloaded at different destinations, saving time for the truck driver who is paid for his time. It can also involve a situation on a building site where a mud carting vehicle is loaded with rocks, clay and earth which might be either wet or dry. That could make a very big difference in the weight of the truck.
The problem shown to me by the industry and the TWU involves the fact that an owner-driver might be at risk of losing business if the driver protests about the incorrect loading or overloading of his truck. As members would understand, trucking is a very cutthroat business. It is difficult for drivers to resist the pressure of the people who hire them when it comes to taking just a little more in a load, or where following the digging out of a swimming pool in a yard drivers have to work out the number of truckloads it will take to remove that dirt. Of course, if the dirt is loaded when wet, they may find out they need more trucks than they at first thought. Some people say,
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