New Heavy Vehicle Driver Fatigue Laws in 2008
| Information
If you use road transport as part of your business you share responsibility for ensuring drivers are working safer, not less. |
In 2008 new nationally consistent Heavy Vehicle Driver Fatigue (HVDF) laws will be introduced in South Australia and in all other states and territories (except WA and the ACT).
The new laws consider the health and well-being of heavy vehicle (including bus) drivers, aiming to help drivers get home safely by requiring that all parties in the chain-of-responsibility take ‘reasonable steps’ to prevent driver fatigue. The new laws stress that the causes of fatigue are a responsibility shared by off-road parties in the supply chain and unrealistic driver schedules and consigner demands and practices are not acceptable.
The new laws provide for three different options:
Offences under the new laws are classified according to the actual level of risk and the greater the risk involved, the more significant the penalties. Penalties will range from an infringement notice to court imposed penalties and loss of demerit points.
What do you need to do?
Prepare yourself for the implementation of the new laws by:
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determining which of the three options best suits your current work practices (ie SH, BFM or AFM);
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consulting with key personnel and drivers about the best way to manage fatigue in your work place;
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undertaking training that provides you with an understanding of driver fatigue and meets the competency requirement for accreditation;
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developing a fatigue management system utilising a risk assessment approach;
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preparing yourself to make an application for accreditation to the relevant jurisdiction if required.
Record Keeping
A National Driver Work Diary will replace the National Driver Log Book on 29 September 2008. In the table below is a sample of the Work Diary daily sheet. The areas that have been changed from the previously used log book are highlighted. Also attached are the instructions on how to complete the new daily sheet in the work diary.
| Format | Description | Size |
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Work Diary sample sheet | 1242Kb |
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Work Diary instructions | 160kb |
For more information regarding the National Driver Work Diary.
Where can I find out more?
As the project develops further information will be available on this website. Information on the new laws is available on the National Transport Commission website.
The Heavy Vehicle Driver Fatigue Team is available for further information on 1300 784 344 during normal business hours or email dtei.driverfatigue@saugov.sa.gov.au.
Subscribing to receive updates
If you would like to receive ongoing updates on the introduction of the Heavy Vehicle Driver Fatigue laws in South Australia you can subscribe online (Note: this link will open in a new secure browser).
Check Lists for Drivers/Operators
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129kb |
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129kb |
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130kb |
Heavy Vehicle Driver Fatigue Legislation
Below are the Act and Regulations relevant to the operation of the new heavy vehicle driver fatigue laws.
These regulations:
- promote positive fatigue management systems to ensure the safety of drivers and increase safety for all road users
- monitor the hours that drivers of heavy trucks and commercial buses can spend driving, working and resting
- monitor the records that must be kept.
Employers and consignors are responsible for ensuring safe driving practices and may not roster or require a driver to carry out duties that could cause the driver to commit a driving hours or speeding offence.
Compliance with the laws will help employers meet their obligations under Occupational Health Safety & Welfare (OHS&W) legislation.
| Format | Description | Size |
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Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008 |
321kb |
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173kb |
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Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008 |
193kb |
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159kb |
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161kb |
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Road Traffic (Heavy Vehicle Driver Fatigue) Amendment Act (Commencement) Proclamation 2008 |
122kb |
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Road Traffic (Driving Hours) Regulations 1999 | 163kb |
Exemptions
Schedule 9 Transitional Provision in the table above replaces the Gazette Notices issued under the revoked Road Traffic (Driving Hours) Regulations 1999. The exception is the Gazette Notice below relating to the fatigue management pilot scheme operated by Queensland Transport. This Gazette Notice will continue to be recognised until 29 September 2009.
| Format | Description | Size |
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Vehicles operating under the fatigue management pilot scheme operated by Queensland Transport |
180kb |
Transitional TFMS (Transitional Fatigue Management Scheme)
For information about the Transitional TFMS
Forms
