The NSW Minister for Roads, the Hon Eric Roozendaal, has today announced that the road transport industry will benefit from enhanced transitional arrangements in NSW when managing the adjustment to the new Heavy Vehicle Driver Fatigue legislation being implemented on 29 September 2008.
Transport operators and drivers who have their business operations ready and in place to be fully compliant with the new legislation will be able to operate directly under the new provisions from 29 September 2008.
For operators and drivers who are continuing with their preparations, the enhanced transitional arrangements will provide extra time to ensure that appropriate business procedures are in place. However, the change-over must be complete before the end of these transitional arrangements.
There is no requirement for operators and drivers to wait until the end of this transition period before making the change.
The RTA recommends that operators and drivers who wish to use these transitional arrangements should set themselves a target date well ahead of the relevant end dates.
1. Transitional Fatigue Management Scheme (TFMS) and Fatigue Management Pilot (FMP)
A transition period of 12 months for TFMS drivers and operators. During the 12 month transition period, owner/drivers registered in TFMS and TFMS drivers working for a TFMS operator, will be permitted to drive Basic Fatigue Management (BFM) hours on the condition drivers continue to carry their driver certification manual and a work diary (see logbook transition below).
Drivers and employers must also continue to meet all TFMS requirements (for example, keep medicals current, manage fatigue) during the transition period. During this period operators should obtain accreditation from the authorities for BFM or Advanced Fatigue Management (AFM).
Drivers working under FMP will continue working under all FMP conditions (this includes using the FMP work diary).
This period will end at midnight, Monday 28 September 2009.
2. Standard Hours
A 6 month work/rest hours ‘exemption notice’ will apply to drivers operating under Standard Hours, allowing drivers to drive for 12 hours and work for 2 hours.
The exemption will be 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 exemption notice while they are working under it. This period will end at midnight, Saturday 28 March 2009.
3. Log Books to Work Diaries
TFMS and Standard Hours drivers will have a maximum of 90 days to move from using a log book to using a work diary from 29 September 2008.
Drivers who currently use a log book therefore must be making their entries in a work diary after midnight on 28 December 2008.
Drivers making use of the transition periods for TFMS, FMP or Standard Hours should be completing their work diary in line with the instructions outlined above.
Drivers who do not currently have to carry a log book and are required to carry a work diary under the new legislation will have 14 days after 29 September 2008 to obtain one.
Drivers have 14 days to obtain a work diary after their operator becomes accredited in AFM or BFM.
This arrangement only applies for 90 days from 29 September 2008.
The RTA has worked closely with regulators in Queensland and South Australia in developing these transitional arrangements and understands that compatible arrangements are being applied across all three States. Operators and drivers should, of course, confirm arrangements directly with the relevant agencies.
Philip Halton
Assistant Director
National Transport Policy
Back to top