atiguemanagement National Fatigue Management Regulation

Transcription

1 atiguemanagement National Fatigue Management Regulation

2 All drivers of commercial buses and heavy trucks are required to comply with the national driving hours regulation......but......drivers who are on journeys which are solely within Queensland and wholly within 200 km of their base are not required to use a log book. In other regulated jurisdictions, this limit is 100 km. Introduction The Transport Operations (Road Use Management Fatigue Management) Regulation 1998 implementing the National Driving Hours Policy was introduced in Queensland on 30 October The National Log Book was introduced in Queensland on 3 August 1998 as part of Queensland's implementation of the National Driving Hours Policy. The National Regulation and Log Book make it easier for drivers to comply with the Driving Hours Regulation and bring national consistency to the management of driver fatigue in regulated jurisdictions. Who is required to comply with the national driving hours regulation? All drivers of commercial buses (with a seating capacity of more than 12 adults, including the driver) and heavy vehicles (with a vehicle mass of more than 12 tonne) are required to comply with the Fatigue Management Regulation. Drivers of motor vehicles with a vehicle mass of less than 12 tonne and that are not classified as commercial buses are not required to comply with the fatigue management regulation or use a log book. Who is required to record their driving hours in the National Log Book? A driver who is driving a commercial bus or heavy vehicle outside of their Local Area is required to record driving, working and rest times in the National Log Book. Drivers driving and working entirely within the Local Area are not required to use the National Log Book. However, records of the driving, working and rest times are required to be maintained by the driver s employer. What is the Local Area? Within Queensland, a driver s Local Area is the area within the circle of which the driver s base is the centre point and the radius is 200 km (the local area work limit). In other regulated jurisdictions, the local area work limit radius is 100 km. The driver s base is the place from which the driver normally works and receives instructions. If the driver s base is not the garage address of the vehicle (as shown on the vehicle s registration papers) the driver may nominate this alternative place as the driver base by writing the address in the place provided in the front of the log book. If an address is not entered in this table the Driver Base will be taken to be the garage address of the vehicle. A driver who is on a journey wholly within their Local Area (eg Brisbane) is not required to record activities in the National Log Book.The employer is responsible for keeping these records.

3 "What if I go outside the 200 km limit on a trip?" The driver is engaged in "non-local area work" if the driver is driving the vehicle beyond the driver's 200 km limit and is required to fill out a log book. The driver must record their activities in their log book from the beginning of their last six hour rest break and continue recording activities until their cut-off time, the start of their next six hour rest break. "What if I cross the border and leave Queensland?" The regulated 100 km local area work limit applies if at any point during the journey the driver crosses the border into another state or territory. What records is an employer required to make, obtain and keep? For each journey made by a driver wholly within the driver s Local Area, the employer of the driver is required to make a record of: (a) the driver s name; (b) the date of each driver s driving day; (c) the times the driver started and finished driving on each driving day; (d) the total of the driver s driving, work and rest times on each driving day; and (e) the total of the driver s driving, work and rest times for the driving days in each week. For each journey made by a driver outside of the Local Area, the employer is required to obtain and retain a copy of the driver s Daily Sheet from the driver s log book.the employer is required to keep driving records at the Driver Base for at least 12 months. What records are drivers required to give to their employer? Each Daily Sheet in the log book has a self-carbonised duplicate. Drivers who fill out a Daily Sheet in their log book are required to give the duplicate page of this sheet to their employer within 21 days of completing the sheet. If a driver has had two or more employers for the day, he or she is required to give a copy of the Daily Sheet to each employer. How does a driver obtain a National Log Book? The National Log Book is available from Queensland Transport Customer Service Centres and authorised agencies. For the location of your nearest Queensland Transport Customer Service Centres please call To obtain a National Log Book, drivers are required to apply in person at an authorised outlet. The driver must present his or her current Driver's Licence and log book, and is required to complete the application form provided in the front of the National Log Book in the presence of the issuing officer. Drivers will then be required to pay the required application fee and will be issued with their new National Log Book. Chain of Responsibility The National Fatigue Management Regulation places strict obligations on others within the transport chain. Tough penalties of up to $7500 have been introduced for consignors, employers and responsible employees that ask, direct or require a driver to undertake a task that would result in the driver committing a driving hours, driving record or speeding offence if he or she complied. For a full interpretation of legal obligations refer to Part 5 of the Transport Operations (Road Use Management Fatigue Management) Regulation Records are still required to be made by employers for journeys in Queensland and within 200 km of the Driver Base. In other regulated jurisdictions, this limit is 100 km. Drivers must give the duplicates of their Daily Sheets to their employers within 21 days. All drivers who are required to use a log book were required to change over to the National Log Book by 2 August 1999.

4 Definitions under the Fatigue Management Regulation Drivers of heavy vehicles are required to comply with the Fatigue Management Regulation.The definitions of terms used in the regulation are provided below: Well equipped rest areas are provided at regular intervals on Queensland's main highways. Drivers are required to take a 30 minute rest break in every period of 5 hours and 30 minutes of driving. Under regulated hours, drivers are not permitted to drive for more than 12 hours in a 24 hour period. Most fatigue related crashes occur during normal sleeping hours. More than 60% of fatigue related road crashes occur between midnight and 8.00 am. Vehicles A "heavy vehicle" is a heavy truck; or a commercial bus; or a bus with a vehicle mass of more than 12 tonne. A "heavy truck" is a motor vehicle (other than a motorhome, bus or tram) with a vehicle mass of more than 12 tonne. A "bus" is a motor vehicle built mainly to carry people which seats more than 12 adults (including the driver). A "commercial bus" is a bus used for hire or reward; or in the course of carrying on a business (eg a courtesy bus or a bus owned by a private school); or by a community organisation. The "vehicle mass" of a motor vehicle is the Gross Vehicle Mass (GVM) of the vehicle; or the sum of the GVM of the vehicle and the GVM of trailers attached to the vehicle. Driving Time Driving time" is time spent driving a heavy vehicle and includes: (a) being in the driving seat of a stationary heavy vehicle while the engine is running; and (b) instructing, supervising or assisting someone to drive a heavy vehicle. Work Time "Work time" is driving time and other time spent by a driver: (a) loading or unloading a heavy vehicle; or (b) inspecting, servicing or repairing a heavy vehicle, inspecting or attending to the load on a heavy vehicle, or attending to the passengers of a commercial bus; or (c) cleaning or refueling a heavy vehicle; or (d) performing marketing tasks in relation to the operation of a heavy vehicle; or (e) helping with, or supervising, an activity mentioned in paragraphs (a) to (d); or (f) recording information or completing a document in accordance with the Fatigue Management Regulation or in relation to the operation of a heavy vehicle. Rest Time "Rest time" is a period of at least 15 consecutive minutes that is not work time. The driver's minimum rest period of 6 consecutive hours in any 24 hour period must be taken away from the heavy vehicle, unless the vehicle is fitted with an approved sleeper berth. The driver's minimum rest period of 24 consecutive hours in any 168 hour period must be taken away from the heavy vehicle. What if a person is driving a heavy vehicle under instruction? If a person is driving a heavy vehicle under instruction and is on a journey in Queensland that will take him or her more than 200 km from his or her Driver Base, he or she is required to obtain and fill out a National Log Book. A driver does not need an endorsed licence to obtain a National Log Book. The time that a person spends instructing another person to drive a heavy vehicle is also considered driving time. This time would need to be recorded in the instructor s log book. Is time spent with the passengers of a bus work time or rest time? In most cases the time a bus driver spends with the passengers of a bus while not driving may be relaxing and can therefore be considered rest time. An exception to this would be if the driver was engaged in activities for the passengers, such as handling luggage, conducting a tour, preparing meals or setting up a camp. Helping with or supervising such activities is considered to be work time.

5 Actual Driving Hours Heavy Vehicles In a period referred to in Column 1 of Table 1, a driver of a heavy vehicle, that is not a commercial bus, must not drive and/or work for more than the period referred to in Column 2. A driver must also have a total rest time for a period not less than the period referred to in Column 3. TABLE 1 Column 1 In any period of... Column 2...a heavy vehicle driver must not drive/work for more than... Column 3...and must have a rest period of no less than... 5 hours and 30 minutes 24 hours (see note 1) 168 hours (7 days) 5 hours 14 hours (maximum 12 hours driving) 72 hours 30 minutes, either as one continuous period or as two periods of 15 consecutive minutes each 10 hours, including one period of 6 consecutive hours (see note 2) 96 hours, including one period of 24 consecutive hours (see note 3) Commercial Buses In a period referred to in Column 1 of Table 2, a driver of a commercial bus must not drive and/or work for more than the period referred to in Column 2. A driver must also have a total rest time for a period of not less than the time referred to in Column 3. TABLE 2 Column 1 In any period of... Column 2...a commercial bus driver must not drive/work for more than... Column 3...and must have a rest period of no less than... 5 hours and 30 minutes 24 hours (see note 1) 168 hours (7 days) 672 hours (28 days) 5 hours 14 hours (maximum 12 hours driving) 72 hours (work) 288 hours 30 minutes, either as one continuous period or as two periods of 15 consecutive minutes each 10 hours, including one period of 6 consecutive hours (see note 2) 96 hours 384 hours, including four periods of 24 consecutive hours (see note 3) 1. For enforcement purposes the 24 hour period means any period of 24 hours but is usually taken as the 24 hours up to the time of the interception. It does not necessarily mean midnight to midnight. 2. Continuous rest period must be taken away from the vehicle unless the vehicle is fitted with an approved sleeper berth. 3. Rest periods of 24 hours or more must be taken away from the vehicle. Instructions for completing the National Log Book A driver is required to complete his or her log book in accordance with the Fatigue Management Regulation. Full instructions for completing the National Log Book are provided in its introductory pages.

6 What is TFMS? TFMS is the Transitional Fatigue Management Scheme that is available in Queensland, New South Wales,Victoria and South Australia.TFMS is an optional scheme available to employers and heavy truck drivers that will allow for an increase in flexibility of trip scheduling and driver rostering in return for implementing some extra fatigue management measures. Requirements of the scheme include: drivers must pass the appropriate medical examination; drivers and operational staff are required to undertake a training course in fatigue management; employers must implement auditable processes relating to driver fatigue management, training, health and rostering; and drivers must carry a Driver Certification Manual while driving, which is their passport to the scheme. The driving, work and rest limits for TFMS registered drivers are summarised in the following table: Column 1 In any period of... Column 2... a TFMS driver must not drive/work for more than... Column 3... and must have a rest period of no less than... 5 hours and 30 minutes 24 hours 5 hours 14 hours (see note 1) 30 minutes, either as one continuous period or as two periods of 15 consecutive minutes each 10 hours, including one period of 6 consecutive hours 336 hours (14 days) 144 hours 192 hours, including two periods of 24 consecutive hours (see note 2) 1.Two-up drivers may not drive for more than 12 hours in any period of 24 hours. 2. Drivers may spend up to 1 hour refueling and cleaning their vehicle on their 24 hour rest period. For further information on TFMS, please refer to the "Transitional Fatigue Management Scheme Information Bulletin". More Information Further information on the National Fatigue Management Hours Regulation and the National Log Book can be obtained by contacting Queensland Transport on This information is a general interpretation of your legal obligations under the Fatigue Management Regulation. It is a guide only and should not be used as a reference to any point of law. Reference must be made to the Transport Operations (Road Use Management Fatigue Management) Regulation 1998 for a precise interpretation of legal obligations and if necessary consultation with your legal practitioner. For further information you can also contact GoPrint or visit or PBT-/0880 Published July 2000