Owner Driver – August 2019

10 AUGUST 2019 ownerdriver.com.au

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OWD-HH-5191833-CS-31 6

THEGOODSNEWS FROMTHE HIGHWAYANDBEYOND

NatRoad CEO Warren Clark says the current system needs a rethink

NatRoad condemns fatigue laws

THE NATIONAL ROAD TRANSPORT
ASSOCIATION (NatRoad) has
taken aim at the current fatigue
management approach in its
submission to the Heavy Vehicle
National Law (HVNL) review,
calling for a reinvention of
national fatigue laws.
NatRoad says the basis of its
submission to the National Transport
Commission (NTC) was a number of
case studies prior to the publication
of the latter’s issues paper on fatigue
management, highlighting “the
unfairness and absurdity of the
current fatigue management laws in
the Heavy Vehicle National Law”.
“What other Australian worker
expects to receive a fine of $165 for
not recording some information
in a work diary? No one does. But
truck drivers put up with these
indignities every day,” NatRoad
CEO Warren Clark says.
“Administrative fines for an error in
failing to sign and date a diary page
have little to do with controlling the
risks of driving whilst fatigued.
“That is, however, the unfortunate

focus of the current Heavy Vehicle

National Law relating to fatigue

management. You can be compliant

but still fatigued.”

Clark says NatRoad wants to see

a system where enforcement under

the new HVNL should target the most

significant threats and consequences

associated with driving fatigued.

“Enforcement efforts and sanctions

should align with these threats

and consequences. They should

also be proportional to the severity

of the risk.

“A first warning system for record-

keeping should be implemented

with failure to improve within a time

limit set as the point at which any

sanction for administrative breaches

is imposed,” Clark says.

“No restrictive diary requirements

should be in play.

“The current system is

dysfunctional, as shown by the case

studies set out in the Issues Paper and

added to in the NatRoad submission.

“Fatigue is a work health and

safety issue and all drivers should be

covered by a system that views fatigue

management from a health and

safety point of view.”

One of the main conclusions of the

NatRoad submission is that reform

based on the WA system (where

fatigue is regulated via work health

and safety law) underpinning a

performance-based system should be

introduced.

“This is an outcome that would

assist regulators and the industry.

“NatRoad looks forward to

continuing to assist the NTC in this

vital review,” Clark says.