Heavy vehicle fatigue management: work diaries, standard hours, BFM and AFM

The HVNL framework

The Heavy Vehicle National Law (HVNL) provides the overarching framework for heavy vehicle safety, including fatigue management. It applies directly in New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory.

Western Australia and the Northern Territory have their own state laws governing heavy vehicles, but these laws largely reflect provisions within the HVNL. This means that while administration differs, many of the core principles are consistent across jurisdictions.

The National Heavy Vehicle Regulator (NHVR) is responsible for administering fatigue management requirements and accreditation schemes under the HVNL. Fatigue obligations specifically apply to drivers of ‘fatigue regulated heavy vehicles’ (FRHVs), which typically includes vehicles exceeding 12 tonnes Gross Vehicle Mass (GVM) or buses exceeding 4.5 tonnes GVM with more than 12 adult seats.

The three work and rest options

Heavy vehicle drivers have three options for managing work and rest hours. The first is the Standard Hours, which limits work to a maximum of 12 hours within any 24-hour period and mandates at least 7 hours of continuous rest.

The second option is Basic Fatigue Management (BFM). BFM allows for up to 14 hours of work in a 24-hour period, but it is only available to drivers operating under NHVAS-accredited operations.

The third option is Advanced Fatigue Management (AFM). AFM provides operators with the flexibility to tailor work and rest hours to suit specific operational needs. AFM also operates under NHVAS accreditation, and while it has no statutory maximum work hours, it is subject to approved risk-management arrangements. Both BFM and AFM require accreditation under the National Heavy Vehicle Accreditation Scheme (NHVAS).

Work diary obligations

Drivers of fatigue regulated heavy vehicles are required to carry and complete a work diary when operating more than 100km from base, or when operating under Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) schemes. Operators and drivers have the option to use either a Written Work Diary (WWD) or an NHVR-approved Electronic Work Diary (EWD).

Drivers must maintain accurate and complete records in their work diary. These records must be carried for a period of 28 days after they are made while driving a fatigue regulated heavy vehicle.

Operators have a responsibility to retain copies of driver work diary records. These copies must be kept for a period of 3 years from the date of the journey.

Chain of Responsibility (CoR) for fatigue

The Chain of Responsibility (CoR) framework, as outlined in Chapter 1A of the Heavy Vehicle National Law (HVNL), expands fatigue management duties beyond just the driver. It places obligations on consignors, consignees, schedulers, packers, loaders, operators, and drivers. This means each party involved in the transport task has a legal responsibility to ensure driver fatigue is managed effectively.

Each party within the CoR must take all reasonable steps to prevent driver fatigue. This proactive approach aims to minimise the risk of fatigue-related incidents and ensure compliance with fatigue management regulations.

Breaches of fatigue management rules are categorised by risk level, ranging from minor to severe, depending on the extent of the overwork. Severe risk breaches can result in substantial penalties imposed by the courts for both individuals and corporations.