Heavy Vehicle Driver Fatigue Laws
The New Heavy Vehicle Driver Fatigue laws commenced on 29 September 2008 making all parties in the supply chain legally responsible for preventing driver fatigue. The laws apply to a vehicle with a GVM of over 12 tonnes or a combination if the total of the GVMs is over 12 tonnes. The laws also apply to a bus or coach with more than 12 seats, including the driver.
The laws change the focus from regulating hours to managing fatigue. Working long hours and fighting body clock circadian rhythms at night is widely recognised as high risk. Operators and drivers who comply by managing fatigue risks through accreditation schemes will have greater control over scheduling work and rest breaks. Productivity levels can be maintained and frequently enhanced by better planning trips and rest breaks, maintaining and validating accurate records, and training drivers and schedulers to understand and address the causes of driver fatigue.
What are the Options?
There are 3 options for maximum work time and the minimum rest time to choose from (refer table below). The Standard Hours option will suit most businesses as it sets default limits for work and rest. If drivers need more flexible hours, consider applying for Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM).
Work & Rest Options
Options |
Requirements |
|
Basic work and rest limits |
|
More flexible work and rest hours linked to accreditation |
|
Create a customised safety management system and work hours linked to accreditation |
Chain of Responsibility
Under this new legislation, operators and schedulers who contribute to fatigue by setting unrealistic schedules and requiring fatigued drivers to exceed basic work and rest limits can now be prosecuted and face tougher penalties. Similar laws have successfully reduced overloading offences. The reform imposes a general duty to manage fatigue that requires all parties in the supply chain take all reasonable steps.
To access BFM, operators will need to be accredited in the National Heavy Vehicle Accreditation Scheme (NHVAS) and comply with 6 BFM standards covering scheduling and rostering, fitness for duty, fatigue knowledge and awareness, responsibilities, internal review and records and documentation.
Next steps: