HEAVY VEHICLE DRIVER

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HEAVY VEHICLE DRIVER FATIGUE REFORM TIM
EATON 19 JUNE, 2008
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Background to Fatigue Reforms

• Significant community concern arising from
  horrific accidents
• Current regulations have little basis in safety
• Governments have safety regulations in place that
  are known to be unsafe
• Internationally, fatigue is a major safety issue
• 2000 House of Reps Transport Committee
• The effective control of fatigue in land
  transport alone could see a 20-30 per cent drop
  in accidents
• NSW Quinlan Report
• strong association between commercial practices
• and safety.

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The case for change

• Illicit drug use over 30
• Court cases and Coronial Inquests
• Road safety datasets
• Major contributor to crash causation
• Private sector initiatives
• NTI wont insure without fatigue management and
  training
• Many companies elect to limit driving to far more
  conservative limits that are regulated

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The case for change

• In a 2007 study 36 of heavy vehicle drivers
  admitted to nodding off for a moment behind the
  wheel
• Anecdotally, drivers are leaving the industry in
  droves

74 of drivers think fatigue is a serious
problem in the road freight industry
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Why truckies are passionate about the issue

• Money
• directly affects their capacity to earn money
  (and pay for their trucks)
• Safety
• It is a matter of life and death
• Big Brother
• Governments are monitoring them every hour of
  every day of their lives through the driver log
  book
• Attitude
• Log book is a major source of conflict with
  enforcement officers and can cost them their
  livelihood

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Whats changing?

• New Safety Duties
• Chain of Responsibility
• Work/rest hours
• Record keeping

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New safety duties

• General Duty
• All parties in the chain have a general duty to
  manage driver fatigue. A driver must not work
  while fatigue, and everyone else should make sure
  a driver does not work while fatigued.
• Specific duties
• Each party in the chain may also have other
  specific duties which relate to how their role
  can impact on the drivers fatigue.

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Chain of Responsibility
Under the new reforms not just the driver is
responsible for managing fatigue. Other parties
also have responsibilities to ensure that drivers
do not drive while fatigued.
Loading manager
Employer of the driver
Consignee of the good
Loaders and Unloaders
Scheduler of the driver
Consignor of the goods
Prime contractor
Vehicle operator
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Chain of Responsibility

• You need to look at the tasks and duties you
  undertake not your job title when deciding if you
  are in the chain
• You may be more than one chain party

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Examples of parties in the supply chain

• Farmer
• employer, prime contractor, consignor, consignee
  and vehicle operator
• Stock Agent
• scheduler, consignor, loader or unloader
• Sale yard manager
• loading manager
• Abattoir
• prime contractor, vehicle operator, consignor,
  consignee, loading manager, loader or unloader

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Examples of specific duties

• Under s 32
• a consignor or consignee must ensure scheduled
  delivery times etc, do not cause a driver to
  drive while fatigued. Cannot make demands,
  requests, contracts that may cause fatigue.
• Under s 33
• a loading manager must take reasonable steps
  ensure that long queuing does not leave drivers
  fatigued .
• Under s 35
• Any party cannot enter into a contract that will
  have the effect of causing a driver to drive
  while fatigued.

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Reasonable steps defence

• Under the new laws everyone must take reasonable
  steps to prevent fatigue
• Reasonable steps is based on risk management
  principles widely used in safety regulation
• Identify potential fatigue risks
• Assess the likelihood of the fatigue risk
• Manage a potential fatigue risk

EXAMPLE A sale yard manager must take reasonable
steps to ensure that drivers are not left queuing
to pick up cattle after a sale.
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Whats changing?

• Standard Hours
• Basic work and rest limits
• Basic Fatigue Management (BFM)
• More flexible work hours linked to accreditation
• Advanced Fatigue Management (AFM)
• Create your own fatigue management system and
  work hours linked to accreditation

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New record keeping requirements

• More comprehensive requirements to retain records
• Focus on auditing companies to identify
  systematic breaches
• New work diary to replace log book
• Simplified to WORK or REST
• Capacity to make notes
• Capacity to use electronic alternatives

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When is it happening?

• 29 September implementation date
• Queensland
• New South Wales
• Victoria
• South Australia

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What else needs to be done?

• Full implementation
• Examine other sectors
• Possibly greater gains below 12t fleet
• Change the culture
• Highly publicised prosecutions of supply chain
  parties
• Continue roadside drug and alcohol programs
• Chain of Responsibility speed, fitness for work
• Framework to ensure safe contracts and awards
• Continue the research

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Thank you