Sunday, 30 August 2015

Marlborough farmers have quad bike fines reduced

Three Marlborough farmers have successfully appealed the extent of their fines for not wearing safety helmets while riding quad bikes.
Phillip Jones and Maria Carlson were both found guilty under the Health and Safety in Employment Act in November for not wearing safety helmets while riding quad bikes on their Canvastown farm.
They were fined $20,000 each for the offences, which has been reduced to $15,000 each.
A third farmer Rangi Holmes was found guilty in May last year for the same offence and fined $15,000.
In a reserved judgement at the High Court in Nelson, released last month, Justice Dobson said the fines imposed on Holmes were "manifestly excessive" and reduced them to $12,000.
Justice Dobson said Jones and Carlson's financial circumstances had been affected by a reduced dairy payout.
"The reduced ability of the couple to fund substantial fines means that a reduction from the $40,000 total is appropriate," he said.
The pair, who were sharemilkers, had ignored verbal and written warnings by Worksafe New Zealand inspectors several times after being seen riding without helmets on their farm between 2012 and 2014. Both Jones and Carlson owned helmets.
Jones was charged and convicted with failing to take all practicable steps to ensure no other person was harmed at work while riding a quad bike.
Carlson was charged and convicted with failing to take all practicable steps to ensure her own safety by wearing a helmet, and of failing to take all practicable steps to ensure the safety of others.
Both Carlson and Jones were also seen by inspectors with children riding alongside them on the quad bikes without helmets.
                       
At the sentencing in November, Carlson, a former South Island regional farm manager of the year winner, said she disagreed with how the regulations were enforced, but not the requirement to wear a helmet.
Holmes was found guilty in May last year in what was believed to be the first time someone was convicted for carrying a passenger on a work quad bike.
All three appealed the level of their fines.
The maximum penalty for the offence is $250,000.
Last year, there were four farm fatalities related to quad bikes and more than 60 serious injuries.

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