New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 216

216 Roll-over protection on tractors

(1) The person with management or control of a tractor at a workplace must ensure that the tractor is not used unless it is securely fitted with a roll-over protective structure.

: Maximum penalty--

(a) in the case of an individual--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(2) If a tractor is used in a place that is too low for the tractor to work while it is fitted with a roll-over protective structure, the structure may be lowered or removed for the period during which the tractor is used in such a situation (but only if other measures to minimise the risk of roll-over are in place).

(3) This clause does not apply if the tractor is--

(a) installed in a fixed position, and in a manner which would no longer permit it to be used as powered mobile plant, or

(b) a tractor with a mass of less than 560 kilograms or a mass of 15,000 kilograms or more, or

(c) being used for a historical purpose or activity.

(4) In this clause--

"historical purpose or activity" , in relation to the use of a tractor, includes an activity ancillary to a historical activity.

Examples :

1 Historical activity: a historical display, parade, demonstration or re-enactment.

2 Activity ancillary to a historical activity: restoring, maintaining, modifying or housing a tractor used, or to be used, for a historical activity.

"roll-over protective structure" means a structure designed to protect a tractor operator from injury if the tractor rolls over in any direction.

Note : Clauses 214 and 215 also apply to a tractor.