HEAVY VEHICLE DRIVER FATIGUE REFORM

Information Bulletin
July 2008

Basic Fatigue
Management explained
It’s time to manage heavy vehicle driver fatigue. New
national road transport Heavy Vehicle Driver Fatigue laws
to commence on 29 September 2008, set revised work
and rest limits for heavy vehicle drivers and require better
management of driver fatigue. The reform makes all parties
in the supply chain legally responsible for preventing driver
fatigue.

BFM accreditation offers more flexible hours and retains the

ability to work 14 hour shifts. BFM gives operators a greater
say in when they can work and rest providing the risks of
working long and night hours are properly managed. If your The basis for operating under BFM is working safer, not less
operation requires more flexibility than available under hours. Operators who take basic steps to manage the risk
Standard Hours or BFM you should look at the Advanced of driver fatigue – such as planning trips and schedules,
Fatigue Management (AFM) option. AFM may also be training drivers and schedulers and checking records – can
suitable for operators with specific needs such as remote schedule up to 14 hour shifts.
areas livestock transport (see Table 1).
Work and Rest
Please refer to the NTC information bulletins ‘Two-up driving
Table 2 sets out the minimum rest and maximum work hours
explained’ and ‘Driving hours for the bus sector’ for further
for BFM. Work time refers to all driving and any other tasks
information on Standard Hours.
related to the operation of a heavy vehicle. All other time is
counted as rest.
Table 1: Work and rest options
Module Requirements Under BFM a driver can work up to 14 hours in 24 hours.
Standard Hours Basic work and rest time Drivers must also have a 7 hour continuous rest break in 24
hours but will have the ability to split this rest break (does
Basic Fatigue Management More flexible work hours linked
not apply in Victoria). Split rest breaks can not be scheduled
(NHVAS) to accreditation
but can be taken by a driver if necessary if for example their
Advanced Fatigue Management Create your own safety rest is disturbed and the driver needs to move their vehicle.
(NHVAS) management system and work Drivers splitting their rest will need to have a total eight
hours linked to accreditation hours rest with one part of at least six hours.

Operators will need to be accredited in the National Heavy Under BFM drivers are required to have 2x24 hour break (the
Vehicle Accreditation Scheme (NHVAS) and comply with six first after maximum 84 hours work) and at least four nights
BFM standards covering scheduling and rostering, fitness rest (two nights consecutive) in each 14 day period (this can
for duty, fatigue knowledge and awareness, responsibilities, include a 24 hour continuous rest).
internal review, and records and documentation.
There is also a restriction (36 hour rule) on the amount of
It is also anticipated that, in the future, members in an night work and long shifts which a driver can work in any
alternative accreditation scheme that is deemed equivalent seven day period to the greater risk of fatigue from this
to BFM may get entry into the NHVAS via that scheme. combination.

Working long hours and night shifts is widely recognised as

high risk. Operators and drivers who ‘do the right thing’ by
managing fatigue risks have a greater say in when drivers
can work and rest and will now have access to a reasonable
steps defence.

www.ntc.gov.au
 Basic Fatigue Management explained

Table 2: Basic Fatigue Management – Solo Drivers hour is any hour worked above 12 hours in 24 hours (this
time is counted in 15 minute periods). For example, if a driver
Time Work Rest works a full 14 of 24 hours, the additional two hours worked
In any A driver must not And must have the rest of that are counted as ‘long hours’. If a driver works 13 hours and 30
period work for more than period off work with at least a minutes, this is counted as 1.5 long hours and so on. A driver
of… a MAXIMUM of… MINIMUM rest break of… can only work up to 36 long and night hours in any 7 day
6 ¼ hours 6 hours work time 15 continuous rest time period.
9 hours 8 ½ hours work time 30 minutes rest time in blocks
of 15 continuous minutes Table 3 summarises a 14 day work period for a driver. Night
12 hours 11 hours work time 60 minutes rest time in blocks and long hours worked on various days count toward the
of 15 continuous minutes 36 hour limit in any 7 days. For simplicity, it is assumed the
24 hours 14 hours work time 7 continuous hours stationary driver has not worked in the 7 days before.
rest time1
7 days 36 hours long/night Night hours and long hours worked each day are added
work time2 across (highlighted in red). On day 1 the driver worked a total
14 days 144 hours work time 24 continuous hours of 13 hours (including 5 night hours and 1 long hour). The 5
stationary rest time taken night hours and 1 long hour are added together to total the
after no more than 84 hours
long/night hours totaling 6 accumulated long/night hours.
work time and 24 continuous
hours stationary rest time
The numbers highlighted in blue show a 7 day period (days
1 to 7) and how a driver can reach 36 hours very quickly
and 2 x night rest breaks3
when working nights and long days as shown above. In this
and 2 x night rest breaks
example, the driver reaches 36 hours in only 6 days and must
taken on consecutive days
take a days rest.
1
Stationary rest time is the time a driver spends out of a regulated heavy
vehicle or in an approved sleeper berth of a stationary regulated heavy
The green area shows the same principle applied over a
vehicle.
14 day schedule. The numbers highlighted show another
2
Long/night work time is any work time in excess of 12 hours in a 24 hour
7 day period (days 8 to 14) and show that even though
period or any work time between midnight and 6 a.m. (or the equivalent
hours in the time zone of the base of a driver) the driver has taken 3 x 24 hour rest breaks (in the 7 day
3
Night rest breaks are 7 continuous hours stationary rest time taken between
period highlighted) the total accumulated hours is 28. In this
the hours of 10pm on a day and 8am on the next day (using the time zone of example, the driver could have worked another 8 night and/or
the base of the driver) or a 24 continuous hours stationary rest break. long hours as long as fatigue was managed.

Combining Long Shifts and Night Work It is important to remember your total night and long hours
are accumulated over any 7 day period. For example, if you
The ‘36 hour rule’ is a term used to assist drivers in managing wanted to know your total on day 10 you would need to add
the risk of working long hours in combination with night the night and long hours worked over the previous 7 days
shifts. A night hour is any hour worked between midnight and (including day 10) so you would add up days 4 to 10 totaling
6am. This time is also counted in 15 minute periods. A long 30 hours.

Table 3: Example of the 36 Hour Rule

Day Hrs worked in one Hours worked in one Shift Accumulated Total accumulated
shift (showing night and long hours) night and long hours night and long hours
worked in any worked in a 7 day
Night hours worked Long hours Worked 24 hours period
(Midnight to 6am) (hours worked over
12 hours in 24 hours)

1 13 5 +1 =6 6
2 14 6 2 +8 14
3 13 5 1 +6 20
4 13 5 1 +6 26
5 13 5 1 +6 32
6 13 3 1 +4 36
7 Day/Night Off +0 =36

8 Day/Night Off 0 30
9 13 5 1 +6 28
10 14 6 2 +8 30
11 14 6 2 +8 32
12 13 5 1 +6 32
13 Day/Night Off +0 28
14 Day/Night Off +0 =28

www.ntc.gov.au
 Basic Fatigue Management explained

Scheduling and Rostering General Duty

The operator must plan, document and review driver Under the new laws a ‘general duty’ (similar to OH&S laws)
schedules and rosters to ensure they comply with the requires all parties take all reasonable steps to prevent the
operating limits under the new regulations. fatigue of heavy vehicle drivers. For example, this means
that:
Fitness for Duty • drivers must stop if feeling tired or fatigued;
The operator must put in place a program to ensure drivers • operators and schedulers must plan when driver’s rest;
are in a fit state to perform work duties and also have • a loading manager must take steps to ensure queuing is
required medical assessments. managed properly; and
• contracts that require a driver to break the law are illegal.
Responsibilities
More Information
All responsibilities and duties identified for BFM must be
up-to-date, clearly defined and all staff must understand and The National Transport Commission has developed
carry out their duties. Guidelines for Managing Heavy Vehicle Driver Fatigue to
educate everyone in the road transport supply chain on
Internal Review heavy vehicle driver fatigue. These Guidelines provide
guidance for drivers, employers, operators and schedulers,
Operators must have a system to identify non-compliances as well as users and customers of road transport on
and verify that the activities comply with the BFM standards managing heavy vehicle driver fatigue and on the
and the operator’s fatigue management system. Incidents responsibilities of each of these parties under the new laws.
must be identified, investigated and reasonable steps must
be taken to manage any problems. Internal audits must be This bulletin cannot explain all of your obligations under
undertaken at least every 12 months. the new laws. Further information on fatigue and copies of
the Guidelines are available from your local road agency
Records and Documentation authority or may be obtained from the NTC website
Operators must develop policies, procedures and
instructions covering all activities required to meet BFM www.ntc.gov.au
standards and keep records to provide evidence of
compliance. These could include work hours records (e.g. Disclaimer
work diaries, rosters, schedules), a review of the fatigue This bulletin does not constitute legal advice. Details
management system in place and compliance checks. All are subject to amendment. Check your local legislation
managers, supervisors and drivers taking part in BFM must or contact your local road agency if you want more
demonstrate they are competent in managing driver fatigue. information.

Work Diary
A new national driver work diary will replace the current
driver log book. You must use the work diary if you are
working:
• under Standard Hours in NSW or Tas (regardless of the
distance travelled); or
• under Standard Hours working more than 100km from
your base (200km in Qld); or
• under Basic Fatigue Management (BFM) or Advanced
Fatigue Management (AFM).

www.ntc.gov.au