What are your legal rights?

Operators/owners and drivers can both be liable for driver fatigue-related accidents.

As a driver, you are required by law to:

• Manage your fatigue.
• Take at least the legally required breaks.
• Not drive longer than legal hours.

Under Chain of Responsibility and Occupational Health and Safety laws, your employer and everyone in the delivery chain are also responsible for making sure fatigue is managed properly.

Both these laws mean that you:

• Can talk to your employer about your rosters and schedules.
• Can make sure that they are within the legal driving hours and have at least the legal rest breaks. 

It is illegal for employers to give you a shift that results in you breaking the driving hours law or not having the minimum breaks.

If you are unsure about your legal rights or the legal driving and rest hours, check the Heavy Vehicle Drivers’ Handbook or call the RTA.

Report your employer

If your employer is setting rosters where you have to drive longer than legal hours or not have the minimum breaks, you can report them to the RTA.

Call the RTA on 13 22 13 for advice.