Need Help With A Criminal Matter?
Call 1300 168 676 or email us now

NSW Driver Fatigue Work Diary Exemptions Expire Soon

Author icon

Written by

Tag icon

Published under Law Reform, News

Clock icon

April 28, 2016

Comments icon

No comments

From 1 May 2016 there will be changes to work diary requirements for heavy vehicle drivers. Drivers operating under Advanced Fatigue Management (AFM) and Basic Fatigue Management (BFM) will now need to carry and complete their work diary for all journeys.

What’s changed?

Previously in NSW work diaries only needed to be filled in when drivers travelled outside of a radius of 100 km from their base, or if they had made such a trip within the past 28 days.

This applied to all drivers, whether they were operating under Standard Hours, BFM or AFM.

From 1 May 2016 the 100km exemption no longer applies for AFM or BFM drivers.

These changes bring NSW in line with the other States and Territories under the National Heavy Vehicle Law.

What must drivers do?

If you are working under AFM or BFM you must now carry and complete your work diary for all journeys, irrespective of the distance travelled.

If you are operating under Standard Hours there are no changes. You need to complete your work diary if:

  • you are working outside of you 100km radius; or
  • you have worked outside the radius within 28 days; or
  • you have worked under AFM, BFM or exemption hours within the last 28 days.

All drivers are required to comply with the driver fatigue laws, such as work and rest times, for all trips. This is true even if you’re not required keep a work diary for the trip.

How can I prepare for the changes?

If you don’t have a work diary you should buy one as soon as possible. You can obtain the National Driver Work Diary from the Roads and Maritime Services or the National Heavy Vehicle Regulator website.

Failure to comply with the driver fatigue rules is a criminal offence. You could be given a fine in excess of $10,000. You could also receive demerit points for certain offences.

The driver fatigue laws are quite complicated. If you are unsure of anything, it is best to seek assistance. Our lawyers at Armstrong Legal have unique experience in Heavy Vehicle law (including an ex-RMS prosecutor) and can answer your questions.

About the Author

John is partner of Armstrong Legal and head of the Criminal Law Division. The experience John possesses, being a high quality mix of defence and prosecution skills, together with his team at Armstrong Legal, mean you can be certain of accurate, dependable and practical advice on how your matter can dealt with.

    Leave a Reply

    Your email address will not be published. Required fields are marked *

Bottom border