The National Heavy Vehicle Regulator (NHVR) has called on all transport companies and all drivers to review their fatigue management practices following the conviction of a driver who worked 19.5 hours in a 24 hour period breaching rest requirements and putting the community at risk.

The driver, who was under Standard Hours and only able to work for 12 hours in a 24 hour period, was intercepted on the Hume Highway at Marulan in NSW by NHVR inspectors.  A review of his work diary showed that he had worked 19.5 hours in the preceding 24 hours and that his longest rest taken was 90 minutes.

The worker was charged with two Critical Risk Breaches of the Heavy Vehicle Law and convicted las month.  As part of his conviction at the Goulburn Magistrates Court he was fined $20,000.

In discussing the case NHVR Director of Prosecutions Belinda Hughes said “Fatigue is an issue we are seeing having a big impact on drivers, resulting in serious injuries or death.  Take your rest breaks, it’s just not worth the risk”.

The NHVR also took the opportunity to remind drivers that they are required to carry and complete their work diary and to produce it on request.  Fines of over $700 per instance apply to breaches.

Here to Help

Safety Highlights are things to consider, implement and watch out for in your business.  They are provided as general information for you to consider and do not constitute advice.  You should seek further advice on your situation by contacting your legal advisor.  ACAPMA members can access resources and receive advice, guidance and support from the ACAPMA employment professionals via employment@acapma.com.au  , it is free for members.  ACAPMA Membership delivers this and more benefits, see; https://acapma.com.au/membership/    for more information.

Elisha Radwanowski BCom(HRM&IR)
ACAPMA

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