Information Bulletin.
11 August 2008

Fatigue and Speed Compliance Reforms to be introduced in NSW from 29/09/2008

Peet and I spent some time in Sydney last week to get a briefing from the NSW RTA on the latest take on the new Fatigue Laws in that state as follows.

• The new fatigue system will be introduced on 29 th September 2008, and will apply to both fatigue and speed offences (under Chain of Responsibility legislation) You will have 12 months to comply.
• Fatigue laws will apply to trucks over 12 tonne GVM and buses with a greater than 12 person seating capacity including the driver.
• Speed laws will apply to all vehicles over 4.5 tonne
• Schedulers will be under a legal obligation to set schedules that will require drivers not to speed.(new Legislation in NSW)
• It is companies that will be accredited not the drivers.
• Work time is to be taken in blocks of 15 minutes and will be rounded up (so if you work 5 minutes it will be regarded as a minimum of 15 minutes.
• Rest time is to be in blocks of 15 minutes and will be rounded down (IE a 25 minute break will count as 15 minutes only)
• Night rest is to be taken between 10pm and 8am, work between 12.00mn and 6.00am will be regarded as long hours and extra penalties will apply.
• Stationary rest is time away from the vehicle or in an approved bunk of the stationary vehicle. (Time behind the wheel with the engine running is regarded as work time)
• Advanced Fatigue Management (AFM) must have ‘fatigue expert’ report, RTA is making a list and may include some New Zealand fatigue experts owing to shortage of these ‘experts’ (unlikely we will have any in the NT)
• The initial period for NHVAS Fatigue in NSW is two years.
• Quarterly and annual internal reviews and compliance records must be documented.
• Work diaries in NSW must be kept by all drivers regardless of the operating distance from the base.
• NSW Standard hours risk offences are categorised as follows:

Minor over 12 to 12.45 hours

Substantial over 12.45 to 13.15 hours

Severe over 13.15 to 13.30

Critical over 13.30 hours

• Demerit Points will only be applied for severe or critical breaches
• A driver may be instructed to cease work, and could be grounded for 24 hours if he/she do not have work diary.

Note: More info at: fatigue_reform@rta.nsw.gov.au

• It is the driver’s responsibility to purchase the work diary, not employer, obtaining a work diary will attract the same obligation as getting a driver licence.
• Current TFM Transitional Fatigue Management (TFM). NSW operators in TFM will now have 12 months to change to BFM in line with Queensland SA and Victoria.
• During this time drivers must carry TFMS certification in the vehicle.

Note : Employers and drivers must continue to meet all TFM requirements during the phase in period.

• Drivers not in TFM at 29 th Sept. 2008 must enter the AFM scheme as TFM will no longer be available.
• Drivers in NSW without a work diary on 29 th Sept. 2008 will have 14 days to obtain one and they will be available from RTA offices during business hours.

Note: NSW applications and forms will be on the NSW RTA website in next couple of weeks.

• Split rests relates to 7 hour breaks.
• Permission for an auditor to do more than two consecutive audits may be granted in some circumstances by seeking permission in writing from RTA
• Auditors can not audit a system they create for a minimum of two years, and in some circumstances this may still be a conflict of interest.
• Auditors may be called upon to do audits in NZ next year when the scheme is introduced in that country as well.

Note: RABQSA estimate that there will be about 65,000 audits required in NZ once it is introduced.

• We Noted that NSW has finally decided to have a look at the situation with regard to the shortfall in truck rest areas to develop a strategy. (whatever that means)

Ministers Agree to Modernise the Nation's Transport Sector

Rod Hannifrey Promotes Road Safety with his Truckright Trailers.

Can You Help?

Truck safety advocate Rod Hannifrey, is looking for an operator of an AB Quad or BAB fuel tanker to provide photos and a $1000 towards the cost of the curtain side display for his Truckright Industry trailers.

Rod says the trailers should be on the road by the end of August and hopefully the Leader of the Opposition, Dr Brendan Nelson will be the first to do a trip with him.

Rod would welcome participation in the promotional vehicle that he says they will have several aims.

1) To provide input and information to road authorities to see improved awareness and understanding of the impact of road irregularities upwards into trucks.

2) Provide information directly from the vehicle and monitor road conditions on a continuing basis.

3) Address road safety by inviting journalists and others outside the trucking industry to do a trip in the truck, to give them the opportunity to both see and feel things from the driver’s seat and, by promotion of “sharing the road with trucks”

4) The “Truckies Top Ten Tips” will be handed out and promoted towards reducing the up to 80% of car/truck fatalities, caused by car drivers along with other industry road safety information.

Contact: Rod Hannifey .

Road Transport and Road Safety Advocate. 0428120560

www.truckright.myco.com.au

Drivers Plead: Don’t overtake in the dust

Photo: John Deans

Was talking with a group of our drivers this week who told me that they are becoming increasingly alarmed by the road sense of some territory visitors.

Seems some have little idea of the danger involved in overtaking long vehicles on dirt roads when vision is obscured by dust.

And there seems to be some sort of competition going with regard to who can drive a 4x4 from point A to point B the quickest on the same roads.

Drivers say they can only watch on in disbelief at some of the risks these people take.

• Disclaimer: The Australian Trucking Association NT ( ATA NT) accepts no responsibility for the accuracy of information provided. Recipients should make their own independent evaluation of statements made by the authors or contributing articles in the ATA NT Bulletin.