CODE OF PRACTICE for MATERIALS DEPOSITED ON PUBLIC ROADS Issue date: February 2005 BACKGROUND This Code has been developed by the Tasmanian Farmers and Graziers Association (TFGA) and Tasmanian Agricultural Productivity Group (TAPG) as a joint initiative for the agricultural industry to assist local government in Tasmania maintain standards on rural roads affected by livestock movements and materials deposited from vehicle movements involved in farm operations. It prescribes responsibilities and minimum standards applying to the movement of livestock and the depositing of materials on public roads. The Code recognises the need for agricultural enterprises to operate in a business environment and supports the right of persons to carry out legitimate traditional agricultural industry practices. Unnecessary restrictions and controls on rural operations need to be minimised. The Code recognises that agricultural enterprises need to manage any adverse impact on the environment and in this context to preserve the safety and condition of rural roadways. It is unreasonable to expect that agricultural industry will not have any impact on the environment in which they operate. The Code identifies standards for those operating in rural industries to minimise the impact from vehicles and livestock that deposit unwanted residues from farm operations on the roadways. Such deposits and movements could jeopardise public safety on the roadways. All reasonable efforts should be taken to reduce and manage the incidence of material on roads. The Code is accepted and adopted by agricultural processors and harvesters as part of the requirement for growers in meeting standards in supplying product. 106743585 1 DEFINITIONS Material is designed to cover animal dung, wastes, soil, mud, plant materials and water. Excessive material is when there is material present that has a likelihood of causing a hazard to road users. Machinery covers farm machinery, harvesters, tractors, trucks and equipment likely to be used in agricultural operations and owners. Approved signage is that based on existing regulations such as the Tasmanian Code of Practice for Traffic Control at Work Sites (where applicable) that complies with Australian Standard AS1742, “Manual of Uniform Traffic Control Devices”. SECTION 1 GENERAL 1. When moving livestock, farm machinery or harvesting equipment on public roads agriculture operators should take care to avoid depositing any unwanted materials on the roadway that may then cause damage to the road surface or a hazard to other road users. 2. The Code covers the movement of livestock on roads that are likely to deposit materials. Such materials may cause damage to the road surface or a hazard to road users. 3. The Code covers the use of roads by farm and harvesting machinery where materials from paddocks may be deposited and cause a hazard for other road users. 4. Agricultural operators should make their best endeavours to leave the road in the same condition as it was prior to use. This includes the clearing of excessive material from the road after use and the use of adequate signage during operations likely to cause some impact on other road users. 5. In areas of intensive agriculture where farm vehicles and livestock frequent the roads appropriate advisory signage should be considered in accordance with AS1742, along the lines of: “You are travelling in an Agricultural Production Area. Please be aware of slow moving vehicles and livestock. Thank you.” 6. Agricultural operators are expected to take responsibility for cleaning roadways where materials have been deposited. In situations where Local Councils are required to undertake cleanup operations on local roads or the Department of Infrastructure, Energy and Resources (DIER) is required to on State Roads, the costs are expect to be passed on to the operator/owner concerned. 106743585 2 SECTION 2 PROPERTY OWNER RESPONSIBILITIES FOR LIVESTOCK MOVEMENTS 1. Property owners and operators must use adequate and approved signage when moving livestock across and along public roadways. This is required to warn road users of the stock movement. Effective warning is taken to mean a yellow sign with the words “Stock Ahead” inscribed and a flashing or rotating amber light (ref Part 22, Division 3, Section 363 of the Traffic Regulations). 2. Signage warning of livestock movement is only to be used at the time of the operation and must otherwise be removed. Leaving the signage out at all times is likely to lead to a reduction in the impact and effectiveness of such signs. 3. Rural operators moving livestock at night must operate in accordance with the Traffic Regulations (ref Part 22, Division 3, Section 364) which only allows livestock movement in an emergency or in leading the livestock to and from a dairy. In such situations operators must warn other road users of the livestock’s presence by means of a flashing or rotating amber light. 4. Rural operators should take all reasonable precautions to minimise the use of roadways by livestock. Possible alternatives and limitation control techniques such as stock over/underpasses, tunnels, parallel pathways and lanes, crossing points and washing facilities should be considered and used where appropriate and cost effective. 5. In situations where there is a need for regular use of roadways by livestock (eg Dairy cows for milking) it is incumbent on the farm owner/operator to have fully considered the main alternatives other than the use of the road. 6. Livestock need to be managed and controlled when traversing roadways. This includes the need for personnel at the front and rear of the livestock being moved. This is in accordance with the Traffic (Road Rules) Regulations 1999 – Part 22 Local Road Rules 7. Where there is excessive material deposited on the roadway it is the responsibility of the property owner or operator to clean this waste material from the roadway at the time of the movement. 8. Management options that could be used to control the materials deposited on roads from livestock movements include: Cleaning the road (for example sweeping or shovelling. Grading may be an option but only in situations where it can be ensured that the road surface will not be damaged.) Washing may be acceptable where runoff is not a problem and facilities are available Use of gravelled gateways where there is regular access The shortest practical road distance should be used 106743585 3 SECTION 3 MACHINERY OPERATOR RESPONSIBILITIES FOR AGRICULTURAL OPERATIONS This code recognises that cultivation, crop production and harvesting operations can be a major source of material on roads. Agricultural operators are expected to take all practical measures to ensure that public safety is not compromised as a result of their activities. The following procedures are required to reduce the incidence of material on roads: 1. All reasonable actions are expected to be taken to minimise the potential hazards on the roadway and to adequately warn the public road users. 2. Where practicable vehicle operators shall clean machinery which is excessively dirty before entering the public roadway. Appropriate means might include water, compressors and other devices such as shovels, brooms etc. 3. Where possible alternative routes from the paddock to the road should be used as an option to assist in clearing material from vehicles. 4. In situations where the material cannot be adequately managed, for local roads the Local Council must be advised as soon as practically possible when there is a problem that could create a public hazard. Approved signage and warning must be provided to motorists whilst the hazard remains. For State Roads, DIER must be advised. 5. Approved signage must be used to warn the public of an agricultural operation or vehicle movements where materials might be deposited on the roadway. 6. Agricultural operators must make every attempt to clear material from the road at the time of the event. SECTION 4 USE OF SIGNAGE Property owners and machinery operators must use approved signage when livestock movements and agricultural machines are operating where such operations are likely to impact on the road use. This signage is designed to warn other road users of the activity in order that they can proceed in a cautionary manner. The activities where approved signage is required to be used would include the following situations. 1. 2. 3. 4. Livestock movement, both for regular use and selected events. Agriculture harvesting operations Irrigation spray onto roadways Warning of materials on the roadway Where applicable the Traffic Control at Work Sites Code of Practice must be adhered to when undertaking work on a road or erecting signage. Approved signage must only be displayed when the activity is taking place and must be removed after the event. 106743585 4 Applicable Australian Standards will cover the provisions of AS1742 and its associated field guides. Examples of appropriate signage are provided below. TRAFFIC HAZARD AHEAD CAUTION ROAD SUBJECT TO IRRIGATION SPRAY SECTION 5 IMPLEMENTATION The code has been developed on behalf of industry by the TAPG and TFGA. Implementation is voluntary but it is a standard that all agricultural operators are expected to adhere to. Supporting educational and promotional material is available on the code. Any enquiries on the code can be referred to TAPG (64322233) or TFGA (63321800). All enquiries and complaints regarding materials deposited on local roads should be referred initially to the Local Council in the area. For State Roads contact should be made with DIER (emergency contact can be made by freecall 1800 005 282) The code is to be reviewed after it has been operational for 2 years. SECTION 6 RELATION TO ACTS, REGULATIONS AND OTHER CODES This Code of Practice does not remove or alter any obligation or requirement under any Act or Regulation or the need to comply with other Codes of Practice or Official Industry Guidelines. The Tasmanian legislation regulating the movement of livestock is the Traffic (Road Rules) Regulations 1999 (SR 1999, No 131) Part 22 Local Road Rules. The Department of Infrastructure, Energy and Resources (DIER), Code of Practice for Traffic Control at Work Sites (June 2004) covers the use of signage for working on a road and the minimum level of traffic control required when establishing and maintaining work sites on roads in Tasmania. This covers the removal of material from roads outside the time of the stock movement. The Tasmanian legislation, Roads and Jetties Act (No. 82 of 1935, Section 51) stipulates that penalty provisions can apply to persons depositing any timber, stone, hay, straw, dung, lime, soil, ashes or other like matter or thing, or any rubbish upon any road. Australian Standard AS1742 Manual of Uniform Traffic Control Devices. 106743585 5