Written by Sarah Marinovic
April 28, 2016
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.
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.
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:
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.
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.