Heavy vehicle driver fatigue reform

Fatigue is one of the biggest causes of crashes for heavy vehicle drivers.

The Heavy Vehicle Driver Fatigue Reform was therefore 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 heavy vehicle driver fatigue law commenced in NSW on 28 September 2008. The law applies in NSW to trucks and truck and trailer combinations over 12 tonne GVM and buses built to seat over 12 adults (including the driver).

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.

Under the law, industry has a choice of operating under three fatigue management schemes each of which allows increasing levels of flexibility and are offset by more comprehensive compliance standards and requirements.

The three schemes are:

• A Standard Hours option with maximum driving hours of 12 hours in any period of 24 hours under a prescriptive structure.
• A Basic Fatigue Management (BFM) option which allows flexibility within a set of minimum rest and maximum work hours (14 hours per 24 hour period).
• An Advanced Fatigue Management (AFM) option based on a risk management approach with operating and “outer limits”, i.e. outer limits of 15 hours work in any 24 period in NSW and Victoria and 16 hour outer limits in other jurisdictions).

The heavy vehicle driver fatigue law is contained in Part 6 of the Road Transport (General) Regulation) 2005. For a copy please click here.

A number of exemptions have been granted from certain provisions of the new law.

For more information go to the National Transport Commission website www.ntc.gov.au