Fatigue is one of the biggest causes of crashes for heavy vehicle drivers.
New National Model Legislation for Heavy Vehicle Driver Fatigue Reform was developed by the National Transport Commission (NTC) and approved by Ministers from all States and Territories in February 2007.
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.
The Reform is underpinned by world leading fatigue research and is the result of consultation with the trucking industry, government agencies, peak industry trucking associations/unions, as well as drivers.
The National Model Legislation was implemented by NSW, Victoria, Queensland and South Australia on 28 September 2008. The NSW heavy vehicle driver fatigue law is contained in Part 6 of the Road Transport (General) Regulation) 2005. For a copy please click here.
The national model law applies to trucks and truck and trailer combinations over 12 tonne GVM and buses built to seat over 12 adults (including the driver).
For more information on the National Model Legislation go to the National Transport Commission website www.ntc.gov.au
Chain of responsibility duties
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.
Driver work and rest time limits
Under the national model law, drivers and operators have a choice of operating under three driver work and rest time options.
The three options are:
- Standard Hours - applies to all drivers unless they are working for an operator with an accredited fatigue management system (BFM or AFM). There are Standard Hours options for solo drivers, two-up drivers and bus drivers.
- Basic Fatigue Management (BFM) - allows flexibility within a set of minimum rest and maximum work hours. There are BFM Hours options for solo drivers, two-up drivers and bus drivers.
- Advanced Fatigue Management (AFM) - based on a risk management approach with normal operating limits proposed by the operator, and ability to work up to regulated “outer limits” under specified conditions.
Work diary and record keeping
Under the national model law, drivers who work outside a 100km radius of their base must record their work and rest time in a national work diary.
Operators, employers and self-employed drivers must also keep records of driver work and rest time, including copies of work diary pages, records of work and rest time which is not recorded in a work diary, and records of driver rosters and payments to drivers.
Operational Pilot of Electronic Work Diaries
The Pilot is an important road safety initiative being led by Roads and Maritime Services (replacing Roads and Traffic Authority), in partnership with state road and police agencies of QLD, VIC, SA, WA , the Federal Government and the National Transport Commission and Roads and Maritime Services (replacing Roads and Traffic Authority) has engaged Transport Certification Australia to conduct the Pilot.
The $5 million Pilot will run until June 2013 and be carried out in several stages. The Planning Stage was successfully completed and Stage 1, the first in-field trial commenced on 25 July 2011, and is being carried out on key routes between NSW and Victoria for a period of up to six months and includes approximately 28 trucks and buses.
Stage 2 (an expanded field trial to test the full business and system processes) is planned to commence in early 2012.
To find out how to get involved and more details about the Pilot click here.
Exemptions
Since September 2008, a number of NSW exemption notices have been approved, which provide exemptions from work diary, record keeping and work and rest time limits for heavy vehicle operations in NSW.
From March 2011, most exemption notices have been incorporated into the Regulation. Further information can be found in the fact sheet: Changes to NSW Regulations.