Introduction Heavy Vehicle Driver Fatigue Reform

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Introduction Heavy Vehicle Driver Fatigue Reform

• Background Why the change?
• Objectives of the reform
• Details of the Victorian legislation
• Victorian departures from the national model Bill
• Implementation update

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ATC COAG

• Heavy Vehicle Driver Fatigue
• Reform Package went to an
• ATC vote on 14 February 2007
• ATC voted unanimously in favour of implementing
• the reform package
• The reform is on the COAG Agenda

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Whats in the package?

• Model Draft Legislation
• Regulatory Impact Statement
• Industry Guidelines
• BFM Standards
• AFM Standards
• Business rules

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Current Regulations

• National driving hours regulations introduced in
  1999
• Made up of prescriptive hours
• Basic chain of responsibility obligations
• Drivers
• Schedulers
• Employers
• Consignors
• Any other person

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Why the change?

• Prescriptive hours are considered ineffective
• Focus is on hours of driving
• Not quality and quantity of rest
• Dont take into account other characters who may
  have an influence and contribute to driver
  fatigue
• Dont consider what affects human performance
• OHS agencies are also taking more interest in
  heavy vehicle driver fatigue

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National Policy

• In 2004 the Australian Transport Council approved
  a National Heavy Vehicle Driver Fatigue policy
• Policy objectives
• Improve road safety
• Improve transport productivity
• Implement policies and practices to improve
  fatigue management
• Achieve a consistent approach with OHS
  legislation
• Plug in to the overall CoR framework

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Chain of Responsibility Framework
General Provisions Search Seize Inspect Powers
Mass, Dimension, Load Restraint
Fatigue
Speeding Heavy Vehicles
Vehicle Standards
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What vehicles are affected?

• Trucks with a GVM
• Over 12 tonnes

• Combinations with a
• GVM over 12 tonnes

Buses that carry 12 or more passengers including
the driver

• Does not include plant
• equipment or motor homes

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Features of the Legislation

• Duties relating to fatigue
• Duties to avoid and prevent fatigue
• Drivers
• Other persons
• Duty on certain parties in the chain of
  responsibility
• Employers
• Prime contractors
• Operators
• Schedulers
• Consignors
• Consignees
• Loading managers

Prime Contractor
Operator
Loading Manager
Consignor
Scheduler
Driver
Consignee
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Features of the Legislation

• Duties relating to work and rest times
• Standard Hours
• Standard Hours Solo Bus Drivers
• Basic Fatigue Management
• Advanced Fatigue Management

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Standard Hours
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Basic Fatigue Management
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Advanced Fatigue Management

• AFM is less prescriptive than Standard Hours
  and BFM.
• Each case will be considered on merit based on
  fatigue advice.

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Features of the Legislation

• Duties relating to record keeping
• Defines 100 km work and 100 km work
• Work diary requirements
• Drivers obligations
• Records relating to drivers
• Record keeper obligations
• False work records
• False entries, 2 work diaries etc
• Written work diaries
• Format, Issue of work diaries
• Electronic diaries
• Approval of e-work diaries

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Features of the Legislation

• BFM and AFM will be linked to Accreditation
• Proposed to become another NHVAS module
• Defines accreditation
• Prescribes
• How to apply for accreditation
• The granting of accreditation
• Conditions associated with accreditation
• Operator obligations associated with
  accreditation

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Features of the Legislation

• Exemptions
• Emergencies, Literacy
• Compliance and enforcement provisions
• Risk categorisation of offences
• Minor, Substantial, Severe Critical
• Enforcement powers
• Miscellaneous provisions
• Transitional arrangements

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Penalties

• Increase in the level of fines
• Demerit points for offences in the severe and
  critical risk categories
• Ability to apply sanctions already prescribed in
  the existing CoR general provision

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Penalties

• Current Penalties
• Penalty notice 182
• Court maximum for an individual 1,651
• Court maximum for a corporation 8,259

• Proposed Penalties
• Penalty notice 200 - 600
• Court maximum for an individual 100 penalty units
  (11,012)
• Court maximum for a corporation 500 penalty units
  (55,060)

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Reasonable Steps Defence

• A reasonable steps defence is available to
  parties in the chain (except drivers and
  operators) if the person can demonstrate
• They did not know about the breach and
• Could not be expected to know about the breach
  and either
• Took all reasonable steps to prevent a breach or
• There were no steps that could be taken

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Victorian Departures from the Bill

• AFM outer limit 15 hours
• Reasonable steps defence not available to drivers
  and operators
• Defence relating to short rest breaks
• Defence for solo drivers to split rests
• Exemptions for emergencies and literacy only
• Offences relating to auditors

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Implementation

• Victorian legislation has been passed in
  Parliament
• Enforcement guidelines developed
• Accreditation framework is under development
• Public information sessions (May - July)
• Communication materials are being developed

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Victorian Information Sessions
VicRoads will hold 14 information sessions in
Melbourne, major regional centres and regional
transport hubs. A flyer has been prepared
listing the session details.
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