In February 2007, the Australian Transport Council approved model legislation to reform the management of heavy vehicle driver fatigue. The new, nationally consistent laws will come into effect in most mainland States on 29 September 2008. Tasmania plans to introduce the reforms during  2009.

The reforms will apply to heavy vehicles with a GVM of 12 tonnes or more and buses that seat more than 12 adults.

Driver fatigue remains a leading contributing crash factor for heavy vehicle drivers. The new laws change the focus from regulating hours, to managing fatigue. Working long hours and fighting the body’s natural clock at night is recognised as a high-risk activity and dealt with accordingly. More flexible working arrangements are offered to those parties who can clearly demonstrate proper management of driver fatigue issues.

The new laws recognise that other parties in the chain of responsibility can influence on-road driving behaviours. Parties in the supply chain whose actions, inactions or demands cause or contribute to road safety breaches can be held legally accountable. Everyone in the supply chain must take reasonable steps to prevent driver fatigue and ensure that a driver does not drive a heavy vehicle while impaired by fatigue – an approach consistent with Occupational Health and Safety laws.

Offences under the new laws are classified according to the actual level of risk: the greater the risk involved, the more significant the penalties. Penalties will range from fines under an infringement notice to court imposed penalties and loss of demerit points.

Drivers of heavy vehicles heading to the mainland after 29 September 2008 will need to make sure that they comply with the new laws. They will need to make sure they understand the changes to driving hours taking place in each of the mainland States. They will also need to obtain a copy of the new national work diary, which will be available close to the implementation date from selected Service Tasmania shops. 

For further information about the new heavy vehicle driver fatigue reforms and how they will affect Tasmanian drivers, you can:

• visit the National Transport Commission’s website;
• register your details or email us at national.reforms@dier.tas.gov.au;
• contact Chris Lovell, Manager National Policy, on (03) 6233 2442; or
• keep checking this website for regular updates.