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Truck Driving Hours will have to be recorded

The Tasmanian Government sees the heavy vehicle transport industry as critical to the Tasmania economy.

It is important that it is a safe industry. This is a high priority not only for Government and heavy vehicle drivers, but for other Tasmanian road users too.

The Government also believes that road safety, including driver fatigue, is the responsibility of all those involved in the heavy vehicle industry.

While most operators are looking after the health and well-being of their drivers properly, it must ensured that those operators who are doing the right thing are not disadvantaged because other operators are not.

There is evidence that some truck drivers are placing themselves and the community at risk because they are fatigued or exceeding legal driving hours requirements.  For more information on fatigue go to Workplace Standards Tasmania.

Families of drivers and the general community are worried about the hours that some heavy vehicle drivers are working and the safety issue that arises for these drivers.

The community quite rightly expects a safe heavy vehicle industry, which is actively monitoring driving hours and enforcing regulated hours.

It is because of these concerns that the Government has decided to take action and introduce regulations for a Driving Hours Record, as part of a Fatigue Management Strategy.

This new strategy has been developed with the cooperation of the heavy vehicle industry and will be accompanied by a major education program to ensure that drivers get the message.

Through this strategy, all Tasmanians can benefit from a safe heavy vehicle transport industry - one in which the safety of heavy vehicle drivers and other road users is paramount.

When do drivers have to start keeping this record?

From 1 August 2004 it will be compulsory for drivers of all heavy trucks/combinations (over 12 tonne GVM, or forms part of a combination where the GVM of the vehicles in the combination exceeds, in the aggregate 12 tonnes) to carry a 'Driving Hours Record'. There will be a one-month period to enable drivers and operators to adjust to the new requirements covering the Driving Hours Record. The new regulations will then be enforced from 1 December 2004. Penalties, including Traffic Infringement Notices, will apply for failure to comply with these regulations.

What are the current legal driving hours?

Drivers should note that existing legal driving hours have not changed. Enforcement of these driving hours will not change. The current law on the number of hours that can be driven has been in place since 1996.

Current work/driving/rest hours are:

Work/Driving

• 12 hours driving and 14 hours work in 24 hour period
        (work time includes a maximum 12 hours driving)
• 72 hours driving or working in 7 days
• No distinction between night or day work

Rest

• a rest break of at least 30 minutes must have been taken before the completion of 5 hours and 30 minutes. This 30 minutes can be broken up into 2 x 15 minute blocks.
• 10 hours in the immediately preceding 24 hours including continuous period of 6 hours not in or on the truck
• 96 hours in the preceding 168 hours including one continuous period of 24 hours not in or on the truck.

What do drivers have to record?

Heavy truck drivers must carry their Driving Hours Record with them at all times when driving and keep a copy of their record for the preceding 14 days.

Each day heavy truck drivers must record in their Driving Hours Record information at the beginning of the day and also any change of activity. This information includes:

• registration number
• type of activity, eg: work, rest, driving
• date, time, and place of the change of activity; and
• odometer reading.

If a driver of a heavy truck does not expect work time to exceed 12 hours in a 24-hour period, he or she is not required to record each change from driving time to other work time for that 24-hour period. However, the driver must fill out a Driving Hours Record.

The driver must sign and date each page of the Driving Hours Record.

A detailed outline of drivers requirements is available here.

What other obligations are there?

Transport Inspectors or Police Officers have the right to require a driver to produce immediately for inspection the Driving Hours Record covering the preceding 14 days and write in them.

Businesses employing or contracting heavy truck drivers must get a copy of their driver’s Driving Hours Record within 15 days, and keep a copy for at least 12 months. Self-employed operators must keep their Driving Hours Record for at least 12 months.

Consignee offences are the same as the existing offences relating to consignors, with the new regulations making it an offence to engage a person to transport goods if the consignee knows or ought to know that this would contribute to an offence.

A person must not:

• make false or misleading statements in their Driving Hours Record;
• provide information or make a false or misleading statement or to an authorised officer or a Police officer about a Driving Hours Record;
• make or alter an entry another person's Driving Hours Record; or
• without a reasonable excuse, deface or destroy any part of a Driving Hours Record.

Where can you get a Driving Hours Record?

While the new Regulations will detail what information is to be kept, individual operators are free to determine how this information is kept, and to choose the format that best suits the needs of their drivers and business.

The extra information required may be included in current records used by operators. Two sample versions of a Driving Hours Record (DHR) which could be printed and used are available below. These DHR are only samples and you can choose any format that meets the needs of your business as long as it captures the information required under the new laws which is contained in the samples below.

These files are in PDF.  If you wish to view the PDF files you will require Adobe Acrobat Reader. If you don't have a copy you can download a version directly from Adobe by following this link.

Sample 1:  Daily Driving Hours Record
Sample 2:  Daily Driving Hours Record

You may also contact DIER.

Operators employing or contracting heavy truck drivers must provide each of their drivers with a Driving Hours Record for the driver’s personal use only. If the driver has to change trucks, the Driving Hours Record must stay with the driver - not the truck. Self-employed operators will be responsible for obtaining a Driving Hours Record for themselves.

What about interstate drivers or Tasmanian drivers who drive interstate?

When interstate drivers are working in Tasmania, they must maintain their National Driver Logbook. Tasmanian drivers working interstate must carry and maintain a National Driver Logbook for their mainland work and resume their driving hours record in Tasmania.

Who do you contact if you have questions?

Need to know more - you can look at our Frequently Asked Questions, or you can contact DIER.