Safer working practices and stronger powers to prosecute companies who push heavy vehicle drivers to work illegal schedules have been approved unanimously by Australia’s Transport Ministers.

National Transport Commission (NTC) CEO Nick Dimopoulos welcomed the Ministers’ decision to approve new heavy vehicle driver fatigue laws, which lift the bar for road safety. The reform, which is underpinned by world-leading fatigue research, is the result of extensive consultation with the industry, unions and government.

“This is a world-first reform which focuses on the root cause of driver fatigue, rather than simply regulating hours. Operators who work long hours and night shifts will be required to reduce driver fatigue risks through an audited accreditation scheme,” Mr Dimopoulos explained.

“In practice, this means planning trips and rest breaks, checking records; and providing training and education. Good operators are already doing this.”

Under new Chain-of-Responsibility laws, everyone in the supply chain must take ‘reasonable steps’ to prevent driver fatigue; an approach consistent with existing Occupational Health & Safety (OH&S) regulation. Penalties escalate sharply for offences which pose a serious road safety risk; including court-imposed fines of up to $50,000 and demerit points.

“Customers will be held accountable for dangerous work schedules and long truck queues, which are known to be major causes of fatigue,” he added. “If your poor business practices endanger the lives of other road users, the book will be thrown at you.”

Mr Dimopoulos said he is particularly pleased the Northern Territory Government, which currently regulates driver fatigue under OH&S laws, has committed to implement the national reform.

“Importantly, this is not a one-size-fits-all reform. An opportunity exists for industry to develop workable fatigue management schemes – endorsed by fatigue experts – tailored to their specific needs, such as remote area livestock transport,” Mr Dimopoulos said.

Ministers supported the objective of progressively working towards national standards for rest areas. The importance of a common implementation date was endorsed; however some states advised of challenges in achieving the proposed Council of Australian Governments deadline of February 2008.

Transport Ministers also advised their intention not to implement specific aspects of the national reform.¹

“The NTC will continue working with governments to pursue full alignment with the national model laws, which improve road safety and cut unnecessary red tape; and agree on a common implementation date,” Mr Dimopoulos said.

A training framework and tools to communicate the new obligations to all parties in the supply chain are being developed. An audit of rest areas to national standards is also underway.

Mr Dimopoulos said a cooperative approach to transport reform underpinned the agreement.

“This important national reform would not have been possible without the enormous commitment shown by road transport peak bodies, unions and governments. Their contribution has been invaluable.”

Visit the NTC website at www.ntc.gov.au for more information. You can also register online for free email news alerts and regular updates on the progress of fatigue reform implementation.

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¹Note:

New South Wales and Victoria plan to reduce working-limits for Advanced Fatigue Management (AFM) and rejected the special ‘rest areas’ defence for short breaks in Standard Hours.

Victoria did not support the provision for (longer) ‘split rest’ under Basic Fatigue Management (BFM).

Victoria intend to exclude a ‘reasonable steps’ defence for drivers and operators for heavy vehicle driver fatigue offences; consistent with the approach adopted by the State for implementation of the Compliance & Enforcement Bill.

Existing regulatory arrangements applying to the bus sector in New South Wales will remain in place.

Western Australia will continue to operate under local OH&S laws, while noting alignment with key aspects of the fatigue reform.

The Australian Capital Territory (ACT) flagged an intention to retain its exemption and existing administrative arrangements’.

Background Information

The key elements of the national Heavy Vehicle Driver Fatigue reform include:

·      accreditation schemes to manage fatigue risks;

·      a general duty (consistent with OH&S laws);

·      Guidelines for Managing Heavy Vehicle Driver Fatigue;

·      Chain of Responsibility provisions; and

The three scheme options are:

·      Standard Hours (‘default’ 12 working hours a day)

·      Basic Fatigue Management (14 working hours a day with accreditation)

·      Advanced Fatigue Management (accredited risk management approach)

National Transport Commission

The National Transport Commission (NTC) is an independent statutory body headed by six Commissioners (including the Chief Executive), with a staff of around 30 people. Our mandate is to progress regulatory and operational reform for road, rail and intermodal transport in order to deliver and sustain uniform or nationally consistent outcomes.