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. |
On 29 September 2008 new nationally consistent Heavy Vehicle Driver Fatigue (HVDF) laws were 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:
- 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 buses can spend working (including driving) 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 fatigue or speeding offence.
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 range from an infringement notice to court imposed penalties and loss of demerit points.
Compliance with the laws will help employers meet their obligations under Occupational Health Safety & Welfare (OHS&W) legislation.
There are three different hours options:
Standard Hours (SH) allows work for a maximum of 12 hours a day.
Basic Fatigue Management (BFM) allows a maximum of 14 hours daily work.
Advanced Fatigue Management (AFM) allows operators to nominate the number of daily working hours needed, up to an outer limit of 16 hours.
What do you need to do?
- determine which of the three hours options best suits your work practices (ie SH, BFM or AFM);
- consult with key personnel and drivers about the best way to manage fatigue in your work place;
- undertake training that provides you with an understanding of driver fatigue and meets the competency requirement for accreditation;
- developing a fatigue management system utilising a risk assessment approach;
- prepare yourself to make an application for accreditation to the relevant jurisdiction if required.
Record Keeping
A National Driver Work Diary replaced the National Driver Log Book on 29 September 2008. 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 below are the instructions on how to complete the new daily sheet in the work diary.
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Work Diary sample sheet |
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Work Diary instructions |
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If the work diary is lost, stolen or destroyed a driver must notify the jurisdiction where they purchased the work diary from within 2 business days. If the work diary was purchased in South Australia (or Western Australia) you can notify DPTI online at EzyReg online services. or by downloading, printing and completing the Notification – Lost, Stolen, Destroyed, Completed or Recovered National Driver Work Diary form.
If a driver’s work diary is full, lost, stolen or destroyed the driver can record hours worked and rested in a supplementary record for up to 7 business days. The Work Diary supplementary record below can be downloaded and printed for this purpose. Within the 7 business days the driver must purchase a new work diary.
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Work Diary supplementary record | 432Kb |
All records are now required to be kept for three years, this includes supplementary records.
More information regarding the National Driver Work Diary, including purchase locations in South Australia and Western Australia.
Check Lists for Drivers/Operators
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Standard Hours Check List 1 | 129kb |
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Basic Fatigue Management (BFM) Check List 2 | 129kb |
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Advanced Fatigue Management (AFM) Check List 3 | 130kb |
Heavy Vehicle Driver Fatigue Legislation
Below are the Regulations relevant to the operation of the new heavy vehicle driver fatigue laws.
Transitional Exemptions
Schedule 9 Transitional Provisions, below, replaces a number of Gazette Notices issued under the revoked Road Traffic (Driving Hours) Regulations 1999.
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Road Traffic (Heavy Vehicle Driver Fatigue ) Regulations 2008 Schedule 9 – Transitional Provision |
175kb |
Forms
Where can I find out more?
In addition to the information available on this website, information on the new laws is available on the National Transport Commission website.
The Heavy Vehicle Accreditation & Audit Team is available for further information on 1300 784 344 during normal business hours or email dtei.driverfatigue@sa.gov.au.
