Fatigue is one of the biggest causes of crashes for heavy vehicle drivers.
The Heavy Vehicle Driver Fatigue Reform was therefore developed by the National Transport Commission (NTC) and approved by Ministers from all States and Territories in February 2007.
The Reform will be applied in NSW to trucks and truck and trailer combinations over 12 tonne GVM and buses built to seat over 12 adults (including the driver). The Reform is underpinned by world leading fatigue research and is the result of consultation with the trucking industry, government agencies, peak industry trucking association/unions as well as drivers.
This world-first reform focuses on the causes of driver fatigue rather than just regulating hours. Operators who work long hours and night shifts will be required to reduce driver fatigue risks through an audited accreditation scheme.
A key component of the legislation is the concept of general duty to manage fatigue. It includes chain of responsibility provisions which extends to certain parties in the transport chain who must take ‘reasonable steps’ to prevent driver fatigue similar to existing NSW Occupational Health and Safety laws.
Under the Reform, industry will have a choice of operating under three fatigue management schemes each of which allows increasing levels of flexibility which is offset by more comprehensive compliance standards and requirements.
The three schemes are:
- A Standard Hours option with maximum driving hours of 12 hours in any period of 24 hours under a prescriptive structure.
- A Basic Fatigue Management (BFM) option which allows flexibility within a set of minimum rest and maximum work hours (14 hours per 24 hour period).
- An Advanced Fatigue Management (AFM) option based on a risk management approach with operating and outer limits (“outer limits” of 15 hours work in any 24 period in NSW and Victoria and 16 hours outer limits in other jurisdictions). This is based on Queensland Fatigue Management Pilot.
The new fatigue law started on 29 September 2008.
For more information go to the National Transport Commission website www.ntc.gov.au
For more information about transitional arrangements, click here.
For a copy of the Road Transport (General) Regulation) 2005 , click here and refer to Part 6 Heavy vehicle driver fatigue and Part 7 Heavy vehicle speeding compliance.
Exemptions
There are two types of exemptions, the first relates to work and rest hours (known as the 12+2 exemption) and the second to the requirement to carry and complete a work diary.
Work and Rest Hours Exemption
12+2 Exemption Notice
The Solo Driver’s Transitional Period (12+2) Exemption Notice 2008 allows a solo driver operating under transitional arrangements to work for a total of 14 hours in a 24 hour period (with a maximum of 12 hours driving). During this 14 hour period, drivers must continue to take their prescribed rest breaks.
The Exemption Notice takes effect on 29 September 2008 and is valid for 6 months (until 28 March 2009).
The Exemption is granted on the condition that drivers note in their work diary the part of the work time that is spent driving and that they carry a copy of the Notice while they are working under the Exemption.
Drivers using a log book under the terms of the “log book to work diary transition” will be covered by the 12+2 Exemption Notice. Drivers must continue to record driving and work separately in their log book.
Drivers operating under the 12+2 Exemption Notice must carry and complete a work diary (or log book) regardless of distance travelled.
A driver operating under the 12+2 Exemption Notice is not operating under Standard Hours.
Under the 12+2 Exemption Notice a driver may work a maximum of 14 hours in any 24 hour period (including a maximum of 12 hours driving).
A driver operating under Standard Hours may only work a maximum of 12 hours in any 24 hour period. The local journey work diary exemption only applies to drivers operating under Standard Hours.
Work diary exemptions
Under these exemption notices the following drivers are exempt from the requirement to carry and complete a work diary:
- Under the Regulated Heavy Vehicle Work Diary Exemption Order 2008 all drivers employed by licensed motor vehicle repair businesses or licensed motor dealers for the purposes incidental to the sale, registration, servicing or repair of a heavy vehicle and undertaking journeys within a 100km radius of the driver’s base. Record keeping requirements still apply and full details are contained in the Order
- Under the Bus and Coach Industry Exemption Order 2008 all bus and coach drivers (including volunteer bus drivers, school bus drivers, private bus owners and operators) undertaking journeys within a 100km radius of the driver’s base. Record keeping requirements still apply and full details are contained in the Order
- Under the Bus and Coach Industry Exemption Order 2008 all bus and coach journeys provided under Government bus service contracts regardless of distance travelled. Record keeping requirements still apply and full details are contained in the Order
Drivers are not exempt from the rest of the law.
Bus and coach drivers are subject to a 12 month phase in period, details of which are set out below.
Bus and Coach drivers – 12 month phase in period
During this 12 month phase in period, bus and coach drivers have the option of working under either:
- the hours prescribed under the new law (Standard Hours or Bus and Coach Hours);
or
- continuing to operate under the Road Transport (Safety and Traffic Management) (Driver Fatigue) Regulation 1999.
At the end of the 12 month period (i.e. from 29 September 2009), all buses and coaches must operate under the new law.
Bus operators may apply to the RTA for Basic Fatigue Management or Advanced Fatigue Management at any time in accordance with accreditation requirements.
Emergency Services
Back to top