Farmers and agri contractors using standard four-wheel-drive tractors for road haulage will have to carry out regular roadworthiness tests on these tractors, starting next year.

The tests will be required for tractors capable of driving at 40km/h or more. About half of the 120hp-plus tractors being bought by farmers and contractors fall into this category.

Prison sentence

Using a tractor for haulage without carrying out a test will attract five penalty points and, if necessary, fines and a prison sentence.

The RSA this week told the Irish Farmers Journal it is drawing up legislation to introduce testing. It will submit this draft legislation to the Department of Transport in coming weeks, after which it will enacted by the minister in that department, Shane Ross.

The RSA said testing will be required for tractors mainly used for hauling for hire and reward or on the owner’s “own account”. Interpretation of this could prove controversial. Among the tasks that could be included are hauling of grain to co-ops or merchant yards, collection of animal feed from mills, transport of bales, and transport of livestock to marts and processing plants.

Tractors will have to be tested four years after first registration and thereafter every two years. In addition to new tractors, the Irish Farmers Journal estimates about 8,000 tractors already on farms will require testing.

Richard White, chair of the Association of Farm and Forestry Contractors in Ireland (FCI), said the new testing cannot add costs to contractors.

The RSA said the measure would not apply to fast tractors used exclusively for “agricultural purposes”. The Irish Farmers Journal understands this to include movement by road of tractors with cultivation equipment, sprayers, feeding equipment, etc.

The RSA said the rules were being introduced as a result of a 2014 EU directive. The directive was drawn up because of the increasing use of fast tractors as an alternative to commercial haulage trucks. Member states must publish the necessary legislation by 20 May 2017 and put it into effect from 20 May 2018.

The RSA is proposing that testing of fast tractors will be accommodated within the existing CVRT test regime - already used by farmers for roadworthiness testing of farm jeeps and other commercial vehicles.

“A person who uses an un-roadworthy vehicle or who does not have a certificate of roadworthiness (CRW) for a commercial vehicle commits an offence,” the RSA said. “Failure to have a current CRW is an offence under the Road Traffic Act 1961. Conviction for this offence carries five penalty points and the court may impose a fine of up to €3,000 and/or up to three months imprisonment. Enforcement of the rules in this regard is a matter for An Garda SÍochána.”

No decisions have yet been made on the costs of the test on a tractor, it said. The Irish Farmers Journal asked if the new regime would affect the motor tax on tractors. The RSA replied that this was a matter for the Department of Transport, Tourism and Sport.

Contractors have written to the Minister for Transport, Tourism and Sport asking to meet urgently to discuss the regulations. “There has been no discussion or consultation on the topic and it will add costs to all contractors, most of whom have tractors designed for more than 40km/h currently in their fleets,” said Richard White. The association believes up to half of all new tractors sold here are capable of driving at 40km/h.

“We do not know what the test will involve, who will carry it out, how much it will cost and whether any proposed testing costs will be controlled by Government regulation,” White said. “We will be urging the Minister for Transport to use the opportunity available under the Directive to opt out of its introduction at this time.”

The Irish Farmers Journal understands the tractor roadworthiness test will be a combination of a visual test for lights, mirrors and windscreens, etc, along with a measured test for braking performance and engine emissions.