The Ladysmith man fronted Wagga Local Court on February 20 for the offence of failing to comply with dimension requirements and, thereby, creating severe risk.

The man had pleaded guilty to the charge, which carries a maximum fine of $10,000.

Facts tendered to the court state that he was taking hay from Tarcutta to Murrumbateman, north of Canberra, in July 2018 when the Roads and Maritime Services conducted an inspection of his heavy vehicle at Coolac.

Inspectors found that the width of the hay was 2.72m while the limit was 2.5m.

However, because he had a Baled Commodities Dimension Exemption Notice, he was allowed to have a baled-hay width of 2.7m, despite the tray of the vehicle being only 2.5m.

Yet, the round baled hay he was carting at the time still exceeded the limit by 2cm.

In court, defence solicitor Zack Tankard said his client believed “he was doing the right thing”.

"There’s a letter in there [documents tendered to the court] from a regular hay carter who says that because of the different kinds of hay, they often settle poorly and 2cm is well within the scope," Mr Tankard said.

Mr Tankard also cited his client having no previous RMS record and other reference letters about his record.

In August 2018, the state government’s extended dimension limits as part of the ‘NSW Class 3 Drought Assistance Dimension Exemption Notice’ to help drought-relief efforts.

“A rigid truck, semi-trailer, low loader or B-Double that is constructed up to 2.5 metres wide, must when loaded with hay, not exceed 2.83 metres wide including the load," the RMS said in its Transporting round baled hay: an operator’s guide.

The initiative also aimed to allow some irregularity in the size of the bales.

However, the new dimensions do not apply retrospectively, which meant the Ladysmith hay carter was not exempt from the July 2018 incident.

Magistrate Christopher Halburd dismissed the charge without conviction.

The court also heard that the driver made $230 from the job.

However, he was fined $275 to be paid to the RMS.

Mr Halburd agreed the driver was “trying to do the right thing”.

“He made a very modest amount out of the trip itself, which is no doubt already been expended in legal fees,” he said.

“It’s clear to me that you will redouble your efforts to make sure you comply with this.

“You don’t have any other offending before the court which suggests that, generally speaking, you do comply with the law.”

Mr Halburd said that if the inspection occurred today, it “wouldn’t have been an issue” due to the drought-relief support.

Minister for roads, maritime and freight Melinda Pavey has not responded to questions about finding balance between road safety and efficient fodder transport.

But in August 2018, during the announcement of the drought-relief initiative, Ms Pavey said it was to reduce costs for farmers by streamlining the process for those vehicles that require access to carry supplies and stock to drought-affected areas.

Susie Mackay, Roads and Maritime Services director of freight, said the notice meant operators did not have to apply for permits, giving them "peace of mind".

"It is vital we get these drought-relieving supplies through to farmers, but it is also equally vital we ensure the safety of transport operators and all road users as well," Ms Mackay said.

"There have been a couple of incidents where vehicles have been overloaded and rolled over as a consequence."

Minister for Primary Industries Niall Blair said: “This means we will not waste a trip.”

“Every truck load will be used to its full capacity,” he said.

John McKew, CEO of the Australian Fodder Industry Association, said various factors recently have increased their impact on the balance between road safety and efficient fodder transport.

“What we’ve seen since the middle of 2018 is this strong demand for hay, particularly for drought-affected NSW and now in Queensland, because of the floods,” Mr McKew said.

“There’s been an extraordinarily large amount of fodder moved around the country for drought-affected areas and now the floods in Queensland.

“Those issues of course continue to put pressure on supply for farmers and livestock.”

Mr McKew said that while safety was the overriding position in fodder transport, there “must also be common sense about it”.

“We are dealing with a non-uniform product,” Mr McKew said.

“Bales of hay are not homogeneous.

“It depends on the type of hay, on how it is being baled and right down to the moisture content.

“There are always some nuances with how hay ends up — it’s not an easy product to move.”

Mr McKew said the fodder-transportation industry held regular dialogues with the other stakeholders, such as the National Heavy Vehicle Regulator, and governments about a universal set of regulations across the country.

“We’ve still got situations where if you take hay to Queensland, you’re allowed only 90 per cent of that,” he said.

“So if you can’t load to 100 per cent and you have to downgrade to meet those regulations, then there’s an efficiency [issue] and costs that someone has to bear.

“What we are saying to the NHVR and governments is that regulations that can harmonise the moving of fodder around this country should stay in place.

“We don’t want to go back to square one in discussing about regulations again when another major drought or flood hits.”

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