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About the Reform
Updated: 16 October 2008
New Heavy Vehicle Driver Fatigue laws commenced on 29 September 2008. The reform makes all parties in the supply chain legally responsible for preventing driver fatigue. The new laws apply to both trucks and buses. They apply to a truck with a GVM of over 12 tonnes or a combination if the total of the GVMs is over 12 tonnes. They also apply to a bus with more than 12 seats, including the driver. The laws do not cover plant items (machines or implements) or motor homes.
The new laws are consistent with current obligations under Occupational Health and Safety (OH&S) laws that also require employers and employees take all reasonably practicable steps to manage driver fatigue. To assist these parties in complying with the new laws the National Transport Commission has developed Guidelines for Managing Heavy Vehicle Driver Fatigue. These Guidelines provide advice on creating a systematic fatigue management system based on a risk management approach.
Ministers’ agreement in 2007
Key elements of the national reform include:
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accreditation schemes to provide reward for effort;
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a general duty (consistent with OH&S laws);
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Guidelines for Managing Heavy Vehicle Driver Fatigue;
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Chain of Responsibility provisions;
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fair penalties;
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strengthened record-keeping (work diary); and
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new enforcement powers.
What are the major changes?
The reform changes the focus from regulating hours to managing fatigue. Working long hours and fighting your body clock at night is widely recognised as high risk. Operators and drivers who ‘do the right thing’ by managing those risks through accreditation schemes will have a greater say in when they can work and rest. Current productivity levels can be maintained simply by planning trips and rest breaks, checking records, and training staff to understand the causes of driver fatigue.
In a nutshell…
There are three options for maximum work time and the minimum rest time to choose from (see table 1). The Standard Hours option will suit most businesses as it sets default limits for work and rest. If you need more flexible hours, you can consider applying for Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM).
Table 1: Work and rest options
| Option |
Requirements |
| Standard Hours |
Basic work and rest limits |
| Basic Fatigue Management (NHVAS accredited) |
More flexible work and rest hours linked to accreditation |
| Advanced Fatigue Management (NHVAS accredited) |
Create your own safety management system and work hours linked to accreditation |
Chain of Responsibility
Drivers are currently carrying the can for the failures of others. Under this reform, customers who cause fatigue by setting unrealistic schedules and leaving tired drivers waiting around to load or unload could face prosecution and tougher penalties. Similar laws have successfully reduced overloading offences. The reform imposes a general duty to manage fatigue that requires all parties in the supply chain take all reasonable steps.
Downloads
Below are a selection of Bulletins and Guidelines that may be of assistance to you. To view the full range of resources available for download from the NTC click HERE
Disclaimer
This website does not constitute legal advice. Details are subject to amendment. Check your local legislation or contact your local road authority if you want more information.
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