1. ‘RETURNING HOME SAFELY’
HEAVY VEHICLE DRIVER FATIGUE
THE HEAVY VEHICLE DRIVER FATIGUE REFORM
Tips
on Managing
Heavy Vehicle
Driver Fatigue
PRESENTATION
DESIGNED FOR
HEAVY VEHICLE
DRIVERS
Personalised welcome message.

2. Contents Heavy Vehicle Driver Fatigue 74% Reform overview
Chain of Responsibility
General duty
Reasonable steps
Work and rest options
Work diary and record keeping
Training and accreditation
Further information
It’s time to manage heavy vehicle driver fatigue.
New national road transport Heavy Vehicle Driver Fatigue laws to commence on 29 September 2008 set revised work and rest limits for heavy vehicle drivers and require better management of driver fatigue.
The reform makes all parties in the supply chain legally responsible for preventing driver fatigue.
This presentation will introduce the new reform including:
Chain of Responsibility duties;
General duty to manage driver fatigue;
How drivers can take reasonable steps;
The new work and rest options;
Work diary and record keeping requirements;
Training and accreditation; and
Where to go to for further information.
74%
of drivers think
fatigue is a serious
problem in the
road freight
industry

3. Introduction Who do the new laws apply to? The laws do not apply to:
Rigid trucks over 12 tonnes GVM
Combinations over 12 tonnes GVM
Buses with over 12 seats (inc. driver)
The laws do not apply to:
Plant equipment
Motor homes
The new laws apply to trucks with a GVM of over 12 tonnes or a combination if the total of the GVMs is over 12 tonnes and buses with over 12 seats including the driver.
The laws do not cover plant items or motor homes.

4. What’s changing? Standard Hours Basic Fatigue Management (BFM)
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
There are three options for maximum work time and the minimum rest time to choose from.
The Standard Hours option will suit most businesses as it sets default limits for work and rest.
If you need more flexible hours, you can consider applying for Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM).
The Standard Hours option sets out minimum rest and maximum work hours and contains basic record keeping requirements.
BFM offers more flexible hours and includes the ability to work shifts of up to 14 hours. BFM gives operators a greater say in when they can work and rest providing the risks of working long hours and night shifts are properly managed.
AFM offers more flexible hours than Standard Hours or BFM in return for the operator demonstrating greater accountability for managing fatigue risks. Rather than prescribing work and rest hours, AFM takes a risk management approach.

5. What’s changing? Chain of Responsibility provisions
A general duty on all parties in the supply chain to manage fatigue (consistent with OH&S laws)
Risk categorisation of offences, revised sanctions and enforcement powers
Strengthened record keeping requirements
A new driver work diary to replace the current log book
The new fatigue reform requires all parties in the supply chain to manage the causes of heavy vehicle driver fatigue.
Under these new laws, everyone in the supply chain, not just the driver, will have responsibilities to prevent driver fatigue and ensure drivers are able to comply with the legal work/rest hours.
Another primary change is strengthened record keeping with the introduction of a new national work diary to replace the current driver log book.

6. Work Vs. Rest
Work time is the time a driver spends driving a truck (on or off the road) and any other time a driver spends doing tasks related to the operation of the vehicle e.g.
Fueling and cleaning
Inspecting and servicing
Attending to the load
Loading and unloading
Waiting in a Queue* etc
Rest time is time that is not work time
* Can be rest if you don’t have any work tasks
THIS IS
WORK TIME
To understand the new work and rest hours we need to grasp the basic concept of work and rest. Driving is considered as working along with any other duty that is related to the operation of the heavy vehicle.
Work time is the time a driver spends driving a heavy vehicle AND any other time spent doing tasks that are related to the operation.
This includes anything that is NOT rest such as fuelling and cleaning, inspecting and servicing, attending to loads, loading and unloading, waiting in queues etc. Rest time is time is simply time that is not work time.
Work time refers to all driving and any other tasks related to the operation of a heavy vehicle. All other time is counted as rest.
Time is counted in 15 minute intervals and is recorded according to the time zone of the driver’s base (e.g. a 30 minute rest break can be taken as 2x15 minute rest breaks etc but 7 hour or 24 hour rest breaks can not be split up).
Work is a maximum so is always rounded upwards e.g. a period less than 15 minutes is counted as 15 minutes work, a period more than 15 minutes up to 30 minutes is counted as 30 minutes work etc.
Rest is a minimum period so is always rounded downwards e.g. a period less than 15 minutes does not count towards rest while a period of 15 minutes but less than 30 minutes is counted as 15 minutes rest etc.

7. Work and rest options
Stationary rest is the time a driver spends out of the truck or in an approved sleeper berth of a truck not moving.
Night rest is 7 continuous hours stationary rest time between 10pm-8am or a 24 continuous hours stationary rest break.
Stationary rest is the time a driver spends out of the truck or in an approved sleeper berth of a truck not moving.
Night rest breaks is 7 continuous hours stationary rest time taken between the hours of 10pm on a day and 8am on the next day, using the time zone of the base of the driver or a 24 continuous hours stationary rest break.

8. Standard Hours – Solo Drivers
Time
Work
Rest
In any period of…
A driver must not work for more than a MAXIMUM of…
And must have the rest of that period off work with at least a MINIMUM rest break of…
5 ½ hours
5 ¼ hours work time
15 continuous minutes rest time
8 hours
7 ½ hours work time
30 minutes rest time
in blocks of 15 continuous minutes
11 hours
10 hours work time
60 minutes rest time
24 hours
12 hours work time
7 continuous hours stationary rest time
7 days
72 hours work time
24 continuous hours stationary rest time
14 days
144 hours work time
2 x night rest breaks and 2 x night rest breaks taken on consecutive days
The Standard Hours option for solo drivers sets out minimum rest and maximum work hours and includes basic record keeping requirements.
Under the Standard Hours option a driver must take 4 night breaks including one pair of consecutive nights rest in any 14 day period. For example, in a 14 day period, a driver would be able to work up to 6 night shifts (between the hours of midnight to 6am) in 1 week and 4 night shifts the following week.
As previously mentioned, night rest is 7 continuous hours rest taken between 10pm and 8am (this can include a 24 hour continuous rest).
The Standard Hours option gives drivers more opportunities to take short rest breaks when they feel tired especially later in a shift when fatigue starts to cut in. Drivers must take a minimum 15 minute rest break (under current laws this is 30 minutes) within the first 5 hours 30 minutes of work.
This shifts the emphasis to taking regular short rest breaks later in a shift when a driver starts to feel tired.
If you cannot find a safe place to stop and rest, there is a ‘special defence’ allowing drivers to find the nearest safe place to stop for up to 45 minutes additional driving.
It is important to note that this is a defence for unforseen circumstances and should not be scheduled.
Please note that this agreed national provision will not apply in NSW or Victoria.
The Standard Hours option is also available for two-up drivers.

9. Basic Fatigue Management
More flexible hours
Ability to work 14 hour shifts
Greater say in work and rest hours
NHVAS BFM accreditation
The second work and rest option is Basic Fatigue Management (also referred to as BFM) which offers more flexible hours and retains the ability to work 14 hour shifts – providing the risks of working long and night hours are properly managed.
BFM accredited transport operators are required to train drivers and schedulers operating under BFM and comply with six BFM standards.
In practice this means planning trips and schedules, training drivers and schedulers and checking records.

10. Basic Fatigue Management – Solo Drivers
Time
Work
Rest
In any period of…
A driver must not work for more than a MAXIMUM of…
And must have the rest of that period off work with at least a MINIMUM rest break of…
6 ¼ hours
6 hours work time
15 continuous rest time
9 hours
8 ½ hours work time
30 minutes rest time in blocks of 15 continuous minutes
12 hours
11 hours work time
60 minutes rest time in blocks of 15 continuous minutes
24 hours
14 hours work time
7 continuous hours stationary rest time
7 days
36 hours long/night work time
14 days
144 hours work time
24 continuous hours stationary rest time taken after no more than 84 hours work time and 24 continuous hours stationary rest time and 2 x night rest breaks and 2 x night rest breaks taken on consecutive days
The BFM option for solo drivers sets out minimum rest and maximum work hours and includes basic record keeping requirements as well.
BFM offers more flexible hours and retains the ability to work 14 hour shifts. BFM gives operators a greater say in when they can work and rest providing the risks of working long and night hours are properly managed.
Under BFM a driver must have a 7 continuous hours stationary rest break in any 24 hour period.
Over any 14 day period, BFM requires a 24 hour stationary rest break to be taken after 84 hours work time and also requires a 24 hour stationary rest break plus 2 night rest breaks taken on consecutive days.
As previously mentioned, night rest is 7 continuous hours rest taken between 10pm and 8am (this can include a 24 hour continuous rest).
BFM is also available to two-up drivers with operators required to address critical fatigue factors such as driver selection and training, driver comfort, sleeper berth design, and pre-trip preparation. Under BFM two-up short rest breaks are not mandated.

11. Long and Night hours
A driver must not exceed 36 ‘night’ and ‘long’ hours
Long hour
is any hour worked above 12 hours in a 24 hour period and is counted in 15 minute periods.
Night hour
is any hour worked between midnight and 6am and is counted in 15 minute periods.
Under BFM there is also a restriction on the amount of long shifts and night work a driver can do in any 7 days. The ‘36 hour rule’ is a term used to assist drivers in managing the risk of working long hours in combination with night shifts.
A night hour is any hour worked between midnight and 6am and is counted in 15 minute periods.
For example, if a driver works from 10pm to 3am the shift includes 3 ‘night hours’
A long hour is any hour worked above 12 hours in a 24 hour period and is counted in 15 minute periods.
For example, if a driver works a 14 hour shift in a 24 hour period, the additional two hours worked are counted as ‘long hours’.
If a driver works 13 hours and 30 minutes, this is counted as 1.5 long hours

12. The table summarises a 7 day work period for a driver
Hours
worked
in one
shift
Hours worked in one
shift (showing night
and long hours)
Accumulated
night and
long hours
worked in
any 24 hours
Total
accumulated
worked in a
7 day period
Night
Long 1 13 5 6 2 14 8 3 20 4 26 32 36 7
Day/Night Off
The table summarises a 7 day work period for a driver
Night and long hours worked on various days count toward the 36 hour limit in any 7 days
For simplicity, it is assumed the driver has not worked in the 7 days before
The table summarises a 7 day work period for a driver. Night and long hours worked on various days count toward the 36 hour limit in any 7 days.
The first column is the day or shift number. When calculating your hours it is important to remember it is in any 7 day period. For simplicity, it is assumed the driver has not worked in the 7 days before.
The second column shows the number of hours worked in a single shift and then to its right are the he number of night hours and number of long hours worked in that shift.
These hours are added together to determine the accumulated night and long hours worked in any 24 hour period.
Finally, the last column on the right indicates the total accumulated night and long hours worked in any 7 day period.

13. Night hours and long hours worked each day are accumulated (highlighted)
On day 1 the driver worked a total of 13 hours (including 5 night hours and 1 long hour)
The 5 night hours and 1 long hour are added together to total the long/night hours
Day
Hours
worked
in one
shift
Hours worked in one
shift (showing night
and long hours)
Accumulated
night and
long hours
worked in
any 24 hours
Total
accumulated
worked in a
7 day period
Night
Long 1 13 5 6 2 14 8 3 20 4 26 32 36 7
Day/Night Off
Here is an example:
Night hours and long hours worked each day are added across.
On day 1 the driver worked a total of 13 hours (including 5 night hours and 1 long hour).
The 5 night hours and 1 long hour are added together to total the long/night hours totaling 6 accumulated long/night hours.

14. Day
Hours
worked
in one
shift
Hours worked in one
shift (showing night
and long hours)
Accumulated
night and
long hours
worked in
any 24 hours
Total
accumulated
worked in a
7 day period
Night
Long 1 13 5 6 2 14
+ 8 3
+ 6 20 4 26 32
+ 4 36 7
Day/Night Off
= 36
how a driver can reach 36 hours very quickly when working nights and long days over a 7 day period (days 1 to 7)
The driver reaches 36 hours in only 6 days so the total is still 36 hours in 7 days
The numbers highlighted in show a 7 day period (days 1 to 7) and how a driver can reach 36 hours very quickly when working nights and long days.
In this example, the driver reaches 36 hours in only 6 days and must take a days rest.

15. The following 7 day period (days 8 to 14) show that even though the driver has taken 3 x 24 hour rest breaks the total accumulated hours is still 28
In this example, the driver could have worked another 8 night and/or long hours as long as fatigue was managed
Day
Hours
worked
in one
shift
Hours worked in one
shift (showing
night and long hours)
Accumulated
night and
long hours
worked in
any 24 hours
Total
accumulated
worked in a
7 day period
Night
Long 8
Day/Night Off 30 9 13 5 1
+ 6 28 10 14 6 2
+ 8 11 32 12
Day/Night Off
Day/Night Off
= 28
The highlighted area now shows the same principle applied over a 14 day schedule.
The numbers highlighted show another 7 day period (days 8 to 14) and show that even though the driver has taken 3 x 24 hour rest breaks (in the 7 day period highlighted) the total accumulated hours is 28.
In this example, the driver could have worked another 8 night and/or long hours as long as fatigue was managed.
It is important to remember your total night and long hours are accumulated over any 7 day period.
For example, if you wanted to know your total on day 10 you would need to add the night and long hours worked over the previous 7 days (including day 10) so you would add up days 4 to 10 totaling 30 hours.

16. What is a General Duty?
EVERYONE in the supply chain has a ‘general duty’ to manage driver fatigue
Drivers must not work while fatigued
Everyone else in the supply chain must make sure drivers do not work while fatigued
EVERYONE in the supply chain has a ‘general duty’ to manage driver fatigue (similar to OH&S laws).
You must not work while fatigued and everyone else in the supply chain must make sure you do not work while fatigued – that is their primary responsibility.

17. Chain of Responsibility
Drivers are currently ‘carrying the can’ for the failures and unreasonable pressures of others
The reform helps drivers get home safely by requiring all parties in the supply chain to manage the causes driver fatigue
Drivers are currently ‘carrying the can’ for the failures and unreasonable pressures of others.
The reform helps drivers get home safely by requiring all parties in the supply chain to manage the causes driver fatigue
For the first time, customers who cause fatigue (setting unrealistic schedules and leaving drivers waiting around to load or unload) could face prosecution and tough penalties.
Penalties escalate sharply for offences which pose a serious road safety risk; including court-imposed fines of up to $50,000 and demerit points.
Pointing the finger at someone else who has broken the law does not automatically mean you are no longer responsible.
In some circumstances, you may also have multiple duties under the Chain of Responsibility and are therefore also liable.

18. Chain of Responsibility
YOU are responsible.
It doesn’t matter what
your job title is!
The Chain of Responsibility means that all parties in the supply chain share the responsibility to manage driver fatigue
You need to cooperate and consult with each other to address fatigue risks
Everyone achieves this by taking ‘reasonable steps’ to prevent fatigue
Drivers,
operators, receivers,
consigners, consignees,
distribution centres,
schedulers, rosterers,
loaders, unloaders
management etc.
You the driver are still responsible for managing your fatigue – but other parties can be equally responsible. It doesn’t matter what someone’s job title is – if their tasks/actions involve dealing with you (the driver) they are a part of the supply chain.
The Chain of Responsibility means that all these parties in the supply chain share the responsibility to manage driver fatigue. You need to cooperate and consult with your employer to address fatigue risks. If there is something wrong TALK about it.
If your actions, inactions or demands cause or contribute to road safety breaches then you can be held legally accountable. Authorities can investigate along the supply chain and up and down the corporate chain of command. The days of ‘all care and no responsibility’ are over.
Everyone achieves this by taking ‘reasonable steps’ to prevent fatigue

19. What are Reasonable Steps?
Regularly identify and assess the risks associated with your activities; and manage those risks
Eliminate the risk or minimise the likelihood of the risk occurring
Taking reasonable steps means all parties in the supply chain must regularly identify and assess the risks associated with your activities and manage those risks.
You can manage those risks by doing all you can to eliminate them. If you can’t eliminate the risks - do everything you can to reduce or minimise the likelihood of the risk occurring.
To comply with the law, you should ensure that you can demonstrate reasonable steps are taken to prevent a breach from occurring in your workplace or as a result of your activities.
There are no limits to the ways in which you can do this. What constitutes reasonable steps will vary according to each individual’s circumstances.
You may need to change the way you do business on a daily basis.

20. What can you do? Take a break when you are tired Review your schedule
Report any problems/delays
Maintain health and fitness
All drivers are also responsible for managing fatigue.
Drivers can take reasonable steps by:
Taking a break when you are tired and not working while fatigued
Reviewing your schedule to ensure you are driving within your legal limits
Notifying your supervisor in the supply chain if someone’s behaviour is affecting your ability to comply with the law
Informing your scheduler any known delays that may affect your trip
Making sure you maximise your sleep and rest opportunities
Maintaining your health and fitness (including speaking to your doctor about sleep disorders and not relying on stimulants to keep you awake)

21. Breaches
STOP! It is illegal for any person to make a reckless or negligent demand that they know will breach the law
Drivers will continue to be held liable even if another party in the supply chain is found guilty – you can’t pass the buck!
If a driver breaches work and rest requirements all other parties in the supply chain can also be held liable unless they can show that they have taken reasonable steps to prevent the breach from occurring.
Drivers will continue to be held liable even if another party in the supply chain is found guilty – you can’t pass the buck!
And remember - It is illegal for any person to make a reckless or negligent demand that they know will breach the law.
Penalties escalate depending on the safety risk and range from small fines to heavy penalties for dangerous and repeat offences.

22. A new work diary New work diary to record your work:
similar format to your current driver log book
some new features
The new laws also include the introduction of a driver work diary to replace the existing driver log books.
A work diary can be either written or electronic, but, whatever form it takes, it must contain a record of the driver’s work/rest history as required under the legislation.
An electronic work diary is an electronic device or system fitted to the heavy vehicle to monitor and record the work and rest times of a driver.
It must be approved as an electronic work diary by a road authority.
To be issued but local road agencies, the new written work diary will be enlarged to A4 and capture similar details to the current requirements.
The work diary has been reviewed based on comments about what industry does not like about the current log book. For example, there is now an allocated space to make notes which industry requested.
This was extensively tested in a trial by several operators. Based on feedback from this trial, and other industry consultation, the new work diary is considered easier to fill out.

23. Changes from the log book
Work and rest hours
Odometer reading
Pre-trip check
Driving scheme
Accreditation number
Time zone
The new work diary is similar to your current log book. It features a new A4 landscape design and is bound at the top to assist drivers filling it in. It is in a similar format to your current driver log book with some small exceptions.
It also has some new features including:
Driving and working are combined and recorded together as ‘work hours’
Odometer reading to record the distances traveled
Pre-trip check tick box (not compulsory)
Driving scheme tick box (Standard Hours, BFM or AFM)
Accreditation number (if applicable)
Time zone where driver is based
We strongly encourage drivers to start using the new daily sheet now to map out your shifts.
Photocopies of the page are available on request or you can download the page from the NTC website.
Have a go at using the new format to fill in your details and familiarise yourself with the new layout so you are used to it before implementation in September 2008.

24. Training and Accreditation
BFM and AFM competency unit for drivers
TLIF1007C Apply fatigue management strategies (for drivers)
TLIF6307A Administer the implementation of fatigue management strategies (for schedulers)
Training methods
TAFE College
Private Registered Training Organisation (RTO)
In-house trainers
Statement of Attainment
There is a lot of talk about training and which training courses drivers need to do.
Drivers and schedulers working under the new Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) schemes must now demonstrate that they are competent at managing fatigue risks. Drivers working under Standard Hours will not be impacted – it is still business as usual.
It’s basically a step-up from the existing Transitional Fatigue Management Scheme (TFMS) training requirements. Drivers will have existing training and skills recognised, so many will only need to complete a ‘top-up’ course.
Drivers currently accredited in the TFMS scheme can operate under BFM hours until 30 April This provides more time to complete the training.
A Statement of Attainment in the following competencies can be obtained from Registered Training Organisations (RTO):
TLIF1007C Apply fatigue management strategies (for drivers)
TLIF6307A Administer the implementation of fatigue management strategies (for schedulers)
More information on training, including a list of RTOs offering competency units, has been published on the NTC website.
Training can be done under a number of ways including TAFE College, Private Registered Training Organisation (RTO) and in-house trainers. Assessment must be done by an RTO and a Statement of Attainment issued.
At the end of the day it is the operators responsibility to ensure all drivers are trained and competent to drive under BFM and/or AFM. If you have any questions please ask management.

25. Competence Competence can be gained in different ways, including:
Fatigue management training course;
Studying background information
On-the-job training; and
Work experience.
It does not really matter how you become competent. What matters is whether you can demonstrate competence.
Drivers who currently hold TFMS will need to be assessed against the new competency unit for BFM and AFM.
However, drivers may not need to undergo more training and can have current knowledge/work skills recognised through recognition of current skills
Drivers should speak to their employer as to whether or not this is suitable.
Training is an important part of the process, but the key issue is competence.
This means having the right skills, knowledge and attitudes to manage fatigue successfully.
Competence can be gained in different ways, including:
Attending a fatigue management training course;
Studying background information (sleep science, risk management) and legislation;
On-the-job training; and
Work experience.
It does not really matter how you become competent. What matters is whether you can demonstrate competence.

26. Online resources The NTC has developed an online resource
Information bulletins
Fatigue guidelines
Napping guidelines
Driver dashboard cards
Self-assessment checklists
Daily and weekly work/rest planning
Training and awareness presentations
Promotional material
The National Transport Commission has developed an extensive online resource to assist parties in the supply chain in learning more about the new laws. Material available online includes:
Information bulletins;
Fatigue guidelines;
Napping guidelines;
Driver dashboard cards;
Self-assessment checklists;
Daily and weekly work/rest planning;
Training and awareness presentations; and
Promotional material.
Please visit their website at

27. Further information Supporting material also available: “ “
Guidelines for Using Napping to Prevent Heavy Vehicle Driver Fatigue
Guidelines for Managing Heavy Vehicle Driver Fatigue
BFM and AFM Accreditation Guidelines
Rest area guidelines available from your local road agency
Education programs provided by TAFE colleges and RTOs
There is also a wide range of supporting material available including:
Guidelines for Using Napping to Prevent Heavy Vehicle Driver Fatigue
Guidelines for Managing Heavy Vehicle Driver Fatigue
BFM and AFM Accreditation Guidelines
Rest area guidelines available from your local road agency
Education programs provided by TAFE colleges and RTOs “ “

28. Thank you
Personalised summary.