FAQ

Introduction Of A Driving Hours Record
For Heavy Truck/Combination (Over 12t GVM)

What are the new Regulations?
These new regulations mean that from 1 August 2004 you have been required to record the hours you drive.

What is a Driving Hours Record?
The Driving Hours Record is a means to record all work, drive, and rest time for drivers of trucks/combinations over 12t GVM over a 24 hour period.

Why was the driving hours record introduced?
Driver fatigue in the heavy truck industry is a problem nationally and in Tasmania.

The community expects a safe heavy truck industry. Families of drivers and the general community are also expressing concern about the hours that heavy truck drivers are working and the safety issue that arise from this.
Did the government consult industry about these new regulations? Consultation occurred with representatives of the following groups in the development of the proposed Regulations:

Tasmanian Transport Council
Tasmanian Transport Association
Tasmanian Logging Association
Tasmanian Bus Association

Why didn’t Tasmania apply distance limit like in some mainland States?
The 100 and 200 km radius that applies to ‘local area work’ in mainland States has posed problems for them, in that it has done little to manage those drivers that exceed driving hours regulations. It is widely recognised that the geography of Tasmania and the industry type that exists is different from other States. A driver may only work within a radius of only 10 km, but still works excessive hours.

Why is it that some mainland States do not have to keep a log of driving hours for work within a distance limit?
While there is not a requirement for drivers to keep a record of driving hours in some mainland States for ‘local area work’, there is still a requirement for operators to keep records of their driver’s hours. These records are used to ensure that the driver does not exceed the legal driving hours.

When do you have to start keeping the record?
From the 1 August 2004, all drivers have been required to carry a Driving Hours Record for all journeys in Tasmania.

Transport Inspectors will start to enforce the new regulations on 1 December 2004. Substantial penalties including Traffic Infringement Notices will then apply.

This enforcement start date has been extended by 3 months to allow industry more time to adjust to the new requirements and for operators and drivers to perfect their driving hours record system.

Who has to provide the Driving Hours Record?
The operators of the truck employing or contracting heavy truck drivers must provide each driver with a Driving Hours Record for the driver’s personal use only.

If the driver is required 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.

Can I use my existing records?

You can choose a format that suits your needs. You might choose to include the extra information in the documents you already use.

But there may be extra information you need to record to comply with these new laws that isn’t on the forms you use already.
Why wasn’t a common driving hours record introduced? The decision to not make one type of record compulsory was based on strong industry advice that to do so, would have placed an unfair burden on those operators that have effective systems in place and those that need only minor modification to meet the new guidelines. This system provides operators the flexibility to develop something that meets their business needs and also minimise the cost burden of the new system.
Where can I get a Driving Hours Record? If you do not have anything in place or are unsure of what a Driving Hours Record should look like, sample forms are available. You can download a sample form from there and use it if you would like.

What if I can’t download a Driving Hours Record?
Please give us your contact details and sample forms will be mailed out to you.

Who keeps the Driving Hours Record when it is completed?

Businesses employing or contracting heavy truck drivers must get a copy of their driver’s Driving Hours Record within 15 days of it being completed.

The operator must keep the copy for at least 12 months. Self-employed operators are also responsible for keeping their own Driving Hours Record for at least 12 months.

What do drivers need to do?

Drivers must keep the Driving Hours Record for the previous 14 days with them at all times when in the truck; and
The driver must sign and date each page of his or her Driving Hours Record as a true record at least every 24 hours; and
maintain the driving hours record in a permanent, easily readable and understandable form.

Before a driver’s first period of work time each day, they must record:

The date and time
Driver’s name
Driver’s current driver licence number and
Driver’s location

Before driving a heavy truck, drivers must record:

The registration number
The odometer reading and
The location of the truck

At each change of activity during a 24 hour period, drivers must record:

The activity (work, rest, or drive)
The date; time; and location; and

The odometer reading (if the reading has changed from the previous entry).
What do you have to do if you are stopped by a Transport Inspector or a Police Officer?

If requested to do so, you must immediately produce your Driving Hours Record for the preceding 14 days, which includes the current day’s Driving Hours Record.

A Transport Inspector or Police Officer may seize your Driving Hours Record for the purposes of reporting a breach.

What if a driver has been on days off or has not driven the truck for a number of days?
Where a driver has had one or more complete days of rest, this rest time can be recorded on one sheet or as a single entry at the beginning of the next working day by identifying the dates covering the whole rest period must be included. Other requirements such as the date of the entry, the driver’s name, and signature must also be completed.

What happens if you can’t produce the previous 14 days Driving Hours Record?
You will be fined.

Does rest time have to be recorded on work days?
Yes, all rest time must be recorded. If a Driving Hours Record starts at midnight then the driver must record that rest time from midnight until the next change of activity at the start of the working day. Rest time up to midnight after the completion of the working day must also be recorded.

This rest time can be recorded when the driver next begins work with the heavy truck.

Does work carried out on private land in the heavy truck have to be recorded?
Yes, all work, drive, and rest time carried out on private land in relation to the heavy truck must be recorded if the driver is at any time going to be driving on a public road.

If the driver is not going to be driving a heavy truck on a public road at any time, then there is not a requirement to keep a driving hours record.
What are the current legal working hours for drivers of trucks over 12t GVM?

The current laws for work/driving/rest hours are:

Work/Driving

12 hours driving + 2 hours work time to a maximum of 14 hours in any 24 hour period (work time includes a maximum 12 hours driving)
72 hours driving or working in 168 hours or 7 days
No distinction between night or day work.

Rest

Required rest of at least 30 minutes in every 5 hours and 30 minutes (1 period or 2 x 15 minute periods)
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.

Have these hours changed as part of the new Regulation amendments?
No. The current laws for the number of hours you can legally drive have been in place since 1996 and have not changed.

If a driver works less than 12 hours in a 24 hour period, do you still need to keep a Driving Hours Record?
Yes. The driver is still required to complete the Driving Hours Record.

But if a driver does not expect work time to be more than 12 hours in a 24 hour period, there is no need to record the change of activity between working and driving for that 24 hour period.

What about interstate drivers or Tasmanian drivers who drive interstate? Do they have to keep a driving hours record?

When interstate drivers are working in Tasmania, they must maintain their National Driver Logbook and are not required to complete the Tasmanian Driving Hours Record.

Tasmanian drivers working interstate must carry and maintain a National Driver Logbook for their mainland work and resume their Driving Hours Record in Tasmania.

Is the Driving Hours Record the same as a National Driver Logbook No. You would only complete the National Driver Logbook if you are a Tasmanian driver working interstate. The Driving Hours Record is for driving in Tasmania.

What does ‘change of activity mean?
"change of activity" means a change from –

driving time to other work time; or
work time (other than drive time) to driving time; or
driving time to rest time; or
rest time to driving time; or
work time to rest time; or
rest time to work time.

What does ‘location’ mean?
"Location" means whichever of the following best describes the location::

the street address and the name of the suburb; or
the road name and nearest kilometre mark; or
the nearest crossroads and the name of the town.

Do operators and drivers of buses need to keep a Driving Hours Record?
No, but you must still comply with the regulated driving hours.

What does "work time" mean?

"work time means any or all of the following:

(a) the person's driving time;

(b) time spent –

loading or unloading a truck; or
inspecting, servicing or repairing a truck; or
inspecting or attending to a truck’s load; or
cleaning or refuelling a truck; or
organising orders for the transport of goods or in relation to the operation of a truck; or
recording information or completing a document, as part of these regulations or otherwise, in relation to a truck or its operation; or
assisting, supervising or assessing another person who is carrying out any activity as per this definition.

Any work that does not involve a heavy truck is recorded as ‘Rest’
Does a driver need to record blocks of work, rest or drive time if the time for each block is less than 15 minutes? All rest must be in 15 minute blocks so rest of less than 15 minutes cannot be counted as ‘rest’.

Work or drive time that occurs in blocks of less than 15 minutes do not need to be recorded as a change in activity unless the driver chooses to do so.

For a driver who works between 12 and 14 hours per day, it would be best to record all blocks of work and drive time regardless of the length of time spent on that activity. This will assist them in getting the most out their working day.

Do people such as mechanics need to keep a Driving Hours Record for when they test a heavy truck?

No, the new regulations do not apply to a driver who is driving an unladen controlled vehicle in any of the following circumstances:

(i) to test the performance of the vehicle for mechanical service or repair;

(ii) to demonstrate the vehicle to a prospective purchaser;

(iii) to test drive the vehicle;

4. to move the vehicle under the authority of a trade plate in accordance with regulation 74 of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000.

Are there any other exemptions?
The Regulations currently exempt the Tasmanian Fire Service, Tasmania Police, State Emergency Service, Tasmanian Ambulance Service, and the Australian Defence Service.

This exemption recognises the main business of these agencies as being emergency related.

Can a driver or operator apply for an exemption?
Applications for exemptions are considered, however they are not given without strong consideration of the road safety implications of such an exemption.

Exemptions have been issued to individual drivers with literacy issues. The policy for exemptions based on literacy has been developed in line with the national regulations and still requires the driver to nominate another person to complete the driving hours record on their behalf.

An exemption has also been approved to all ‘restricted vehicle’ plated heavy trucks that are used solely for agricultural and horticultural purposes and are restricted to operation between sunrise and sunset and to a 10klm distance.

Will there be a review of this project?
Yes. All issues, concerns, support etc have been recorded in a register and have formed the basis for ongoing review during the implementation period. This register will also be considered extensively during the major review which is to be held in first half of 2005.

What if I need further information? contact DIER.