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HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

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HEAVY VEHICLE DRIVER FATIGUE HANDBOOK

for the Bus and Coach Industry

�HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

The National Transport Commission (NTC) and the Bus Industry Confederation (BIC) have developed this Heavy Vehicle Driver Fatigue Handbook for the Bus and Coach Industry to help explain implementation of the national Heavy Vehicle Driver Fatigue reform.

Passenger safety is always the number one consideration for bus and coach operators and drivers. Our industry has an excellent road safety record and manages driver fatigue well; however, there is always room for improvement.

This national reform has its foundation in sleep science. The emphasis is on better planning and safe business practices to manage the risks of driver fatigue.

Through the efforts of BIC, the national reform accommodates most bus industry schedules, including low-risk tour and charter operations, within an adapted Standard Hours option.

For the few businesses who want to operate beyond Standard Hours, they can become accredited either under NHVAS or under their local bus accreditation scheme (where available).

Please note that this handbook is a guide only and does not include everything you need to know about the Heavy Vehicle Driver Fatigue reform.

More information is available at the NTC website (www.ntc.gov.au). You should check with your local road agency for details of the legislation enacted in your State or Territory.

Michael Apps Nick DimopoulosExecutive Director, BIC Chief Executive, NTC

FOREWORD

CONTENT

FOREWORD 1

1 INTRODUCTION 5

2 CHAIN OF RESPONSIBILITY 7

3 WHICH OPTION SUITS YOU? 12

4 TWO-UP DRIVING EXPLAINED 16

5 FATIGUE INFORMATION FOR BUS AND COACH OPERATORS 22

6 FATIGUE INFORMATION FOR BUS AND COACH DRIVERS 24

7 MANAGING FATIGUE IN YOUR WORKPLACE 26

8 RECORD KEEPING 31

9 NATIONAL DRIVER WORK DIARY 34

10 TRAINING IN FATIGUE MANAGEMENT 38

HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

10

DISCLAIMER

This publication has been published by the National Transport Commission (the Publisher). Materials in this publication have been created by a variety of different entities and, to the extent permitted by law, the Publisher accepts no liability for material created by others.

Any use of the information contained in this publication is at the sole risk of the person using that information. The user should make independent enquiries as to the accuracy of the information before relying on that information.

While the Publisher endeavours to ensure accuracy of the material created, no liability can be accepted for inaccuracies of any kind.

1

�HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

10

Heavy Vehicle Driver Fatigue’. These Guidelines provide advice on creating a systematic fatigue management system based on a risk management approach.

What are the major changes?

The reform changes the focus from regulating hours to managing fatigue. Working long hours and fighting your body clock at night is widely recognised as high risk. Bus and coach drivers and operators who ‘do the right thing’ by managing fatigue risks will have a greater say in when they can work and rest.

Current productivity levels can be maintained simply by planning trips and rest breaks, checking records, and training staff in the bus and coach industry to understand the causes of driver fatigue.

Key elements of the national reform include:

• accreditation schemes to provide reward for effort;

• a general duty (consistent with OH&S laws);

• Guidelines for Managing Heavy Vehicle Driver Fatigue;

• Chain of Responsibility provisions;

• fair penalties;

• strengthened record-keeping (work diary); and

• new enforcement powers.

It’s time to manage heavy vehicle driver fatigue. New national road transport Heavy Vehicle Driver Fatigue laws to commence on �9 September �008, set revised work and rest limits for bus and coach drivers and require better management of driver fatigue. The reform makes all parties in the chain of responsibility legally responsible for preventing driver fatigue.

The new laws apply to trucks, buses and coaches. They apply to a bus or coach with more than �� seats, including the driver. They also apply to trucks with a GVM of over �� tonnes or a combination if the total of the GVMs is over �� tonnes. The laws do not cover plant items (machines or implements) or motor homes.

The new laws are consistent with current obligations under Occupational Health and Safety (OH&S) laws that also require employers and employees to take reasonable steps to manage driver fatigue. To assist these parties in complying with the new laws the National Transport Commission has developed ‘Guidelines for Managing

INTRODUCTION1.1 Bus Facts and Industry Figures1

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In a nutshell…

The bus and coach industry will have access to default Standard Hours (Bus and Coach Sector). This option caters for the bulk of the bus and coach industry who have a good safety record and undertake minimal night operations. Bus and coach operations needing more flexibility will have access to the same Standard Hours option as the trucking industry. If even more flexible hours are required, applying for Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) may be an option.

Table 1: Work and Rest Options

2

Module Requirements

Standard Hours Minimum prescribed rest and working hours

S t a n d a r d H o u r s (Bus and coach sector)

As above, with variation for low risk bus applications

Basic Fatigue Management (NHVAS)

More permissive hours, with increased responsibility for fatigue management compliance-assurance

Advanced Fatigue Management (NHVAS)

Risk management and quality assurance approach to manage specific fatigue risks

�HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

Chain of Responsibility

The new laws require all parties in the chain of responsibility to manage the causes of heavy vehicle driver fatigue. Under these new laws, everyone in the chain, not just the driver, will have responsibilities to prevent driver fatigue and ensure drivers are able to comply with the legal work and rest hours. If your actions, inactions or demands cause or contribute to road safety breaches then you can be held legally accountable.

There are a number of parties in the bus and coach industry identified as being part of the Chain of Responsibility. These parties share the responsibility and legal liability with drivers to ensure fatigue laws are complied with. Parties in the Chain of Responsibility (in addition to the driver) could include:

• bus operators;

• employers of bus drivers;

• travel agents;

• station and tourism operators;

• schedulers of bus drivers;

• charter services; and

• loaders and unloaders of luggage/passengers.

Reasonable Steps

Under the new laws, everyone in the Chain of Responsibility must take reasonable steps to prevent driver fatigue and ensure a driver does not drive while impaired by fatigue – an approach consistent with existing Occupational Health & Safety (OH&S) laws.

Parties will be held accountable for dangerous work schedules. If poor business practices endanger the lives

of other road users, there will be severe penalties for those responsible. Penalties escalate sharply for offences which pose a serious road safety risk; including court-imposed fines of up to $�0,000 and demerit points.

To comply with the law, you should ensure that you can demonstrate reasonable steps are taken to prevent a breach from occurring in your workplace or as a result of your activities.

Taking reasonable steps could include:

• developing an industry code of practice;

• use of accreditation schemes;

• reviewing business practices;

• changing commercial arrangements; and

• adopting a risk management approach.

CHAIN OF RESPONSIBILITY2

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The law requires you to take reasonable steps to prevent your conduct from causing or contributing to a breach. In addition, the law also prohibits you from:

• making demands that you know or ought to know would cause a breach;

• entering into contracts that you know or ought to know would cause, encourage or give an incentive for a breach;

• coercing, inducing or encouraging breaches; and

• passing on false or misleading information that could cause a breach.

Note: In Victoria, no reasonable steps defence will be available for bus drivers or operators for breeches of work/rest hour limits. More information is available from the VicRoads website (www.vicroads.vic.gov.au)

Things to consider

There are no limits on the ways in which a person can show they took reasonable steps. Consider the following actions:

• identify and assess risks;

• take steps to eliminate, manage or prevent the risk from occurring; and

• monitor and review risk management processes.

In determining whether you have taken reasonable steps, courts will typically consider:

• how serious the breach is;

• the abilities, experience, expertise, knowledge, qualifications and training of you and your staff;

• the nature and circumstances of the breach;

• what industry practices are available and in place to deal with breaches of this sort; and

• what measures were available and suitable to take.

To assist the bus and coach industry in complying with the new laws the National Transport Commission has developed Guidelines for Managing Heavy Vehicle Driver Fatigue. These Guidelines provide guidance for heavy vehicle drivers, employers, operators and schedulers, as well as users and customers of road transport on managing heavy vehicle driver fatigue and on the responsibilities of each of these parties under the new laws.

9HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

3

Other defences (for drivers only)

In addition to the reasonable steps defence, the new laws also provide a number of other defences specifically for drivers. Other parties in the chain may not claim these defences. Please note that not all these defences will be available in all States and Territories so consult your local road agency for further information.

Short rest break defence (Standard Hours only including Standard Hours (Bus and Coach Sector))

If a bus or coach driver has to take a short rest break (under � hour) but cannot find suitable place to rest the driver is able to continue driving for up to �� minutes in order to reach a suitable rest area. Suitable rest places are defined under legislation as any of the following:

• a rest area designated for and able to be used by a heavy vehicle;

• a place at which a heavy vehicle may be safely and lawfully parked; or

• a place declared by the regulations to be a suitable rest place.

Split rest break defence for solo drivers (BFM only)

Under BFM drivers have the ability to split a � hour continuous rest break. Split rest breaks cannot be scheduled but can be used by a driver if, for example, their rest is disturbed and the driver needs to move the vehicle.

Bus and coach drivers splitting their rest will need to have a total 8 hours rest with one part of at least � hours. It is a defence for the driver to prove the following at the time of an offence relating to split rest breaks, that

• they were driving under BFM hours as a solo driver at the relevant time;

• they had taken a split rest break (being a � hour continuous rest break and a � hour continuous rest break) within the same �� hour period; and

• they had not taken a split rest break in the previous �� hour period.

Recording non-local area work in work diary defence (Standard Hours only including Standard Hours (Bus and Coach Sector)

The new laws require bus and coach drivers working more than �00kms from their base (�00km in Queensland) or operating under BFM or AFM accreditation to record all work and rest activities in a driver work diary. If you are driving in New South Wales or Tasmania regardless of distance travelled, you must record all work and rest activities in a work diary. In situations where use of the work diary is not mandatory, local area bus and coach drivers can use the work diary as a means of recording their working hours.

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The laws provide protection for local area bus and coach drivers operating under Standard Hours if the driver is unaware he or she is scheduled to work outside the local area on a particular day. It is a defence for the driver to prove at the time of an offence occurring relating to recording of non-local area work that:

• they were unaware that they would be engaging in non-local area work on that day; and

• they recorded information in their work diary as soon as practicable after becoming aware that they would be engaging in non-local area work on that day.

Recording of odometer readings when the odometer is malfunctioning defence

One of the requirements of the new driver work diary is the recording of the odometer reading immediately before or after each work/rest change. If the odometer is faulty the driver must inform the appropriate person/s (the owner of the bus or coach, if the driver is an employed driver – the driver’s employer and the operator of the bus or coach) within � business days of becoming aware or suspecting that the odometer was malfunctioning.

Business practices

You should regularly review your business practices to ensure the steps you are taking are reasonable at all times.

Some of the steps you may need to consider include:

• ensuring your work practices do not contribute to or cause on-road breaches;

• training for staff to ensure they understand their obligations under the Chain of Responsibility;

• audits/spot-checks to ensure compliance;

• reviewing contracts and commercial arrangements to ensure they do not encourage or give an incentive for breaches; and

• contingency plans to manage operational issues within the law.

Risk management

Ensuring your business is taking reasonable steps to prevent breaches requires you to be able to regularly identify and assess the risks involved and to manage them by either eliminating or reducing their effect or the likelihood they will arise.

Examples of how to identify and assess risks include:

• reviewing driving or work schedules and work records, including opportunities for rest breaks;

• reviewing contractual arrangements and documents;

��HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

• regularly assessing fitness for duty of drivers;

• analysing injury and accident reports; and

• consulting with bus and coach drivers, unions and industry associations.

Examples of how to manage a risk include:

• contingency planning in relation to driver fatigue and work/rest hours;

• allowing for traffic or other delays in scheduling;

• avoiding incentives and demands that might cause or encourage breaches of work/rest hours; and

• a system for giving bus and coach drivers sufficient notice of scheduled changes.

A number of risk management standards are available that can assist you in developing business practices to minimise the risks of non-compliance in your business. Some of these standards are linked with accreditation schemes; others can be used as tools to help you make your business practices meet your duties under the Chain of Responsibility.

Some helpful risk management standards include The Australian and New Zealand Standard on Risk Management (AS/NZS ���0:�990) (www.standards.org.au) and ISO 9000 quality standards (www.iso900�qualityassurance.com).

Industry codes of practice

Bus and coach companies can also develop and register an Industry Code of Practice and adherence to a Code can be used as supporting evidence of compliance with the laws. An Industry Code of Practice does not automatically discharge liability; it merely establishes a presumption that compliance with the Code is compliance with the duty of care. Guidelines on how to develop an Industry Code of Practice are available from Austroads (www.austroads.com.au).

Commercial arrangements

You can ensure your commercial relationships do not cause your business to breach Chain of Responsibility laws by:

• including compliance assurance conditions (e.g. safety accreditation) in relevant commercial arrangements with other responsible persons;

• requesting information about what systems and controls are in place to ensure compliance (e.g. policies on drugs, fatigue management etc); and

• avoiding arrangements which encourage or reward noncompliance.

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WHICH OPTION SUITS YOU?3

Module Requirements

Standard Hours Minimum prescribed rest and working hours

S t a n d a r d H o u r s (Bus and coach sector)

As above, with variation for low risk bus applications

Basic Fatigue Management (NHVAS)

More permissive hours, with increased responsibility for fatigue management compliance-assurance

Advanced Fatigue Management (NHVAS)

Risk management and quality assurance approach to manage specific fatigue risks

Table 1: Work and Rest Options

In a nutshell…

The bus industry will have access to default Standard Hours (Bus and Coach Sector). This option caters for the bulk of the bus industry who have a good safety record and undertake minimal night operations. Bus operations needing more flexibility also have access to the same Standard Hours option as the trucking industry. If even more flexible hours are required, applying for Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) may be an option.

Standard Hours

The Standard Hours option for solo drivers sets out minimum rest and maximum work hours and includes basic record keeping requirements (see table �A). The main difference between default Standard Hours and Standard Hours (Bus and Coach Sector) is that under the Bus and Coach option you can bank your days off over any �8 day period. This only applies if you have � night rests in any � day period. This system is based on the banking rules currently available to bus drivers.

The Standard Hours (Bus and Coach Sector) option introduces a specific variation to Standard Hours for bus and coach operations, which effectively allows days off to be ‘banked’ over �8 days for low risk bus operations (see table �B). This variation will be limited to bus applications where night work and total hours are low. The variation allows tour bus drivers time to fully recuperate after completing a tour and can be used by school bus drivers who work limited hours.

��HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

Table 2A: Standard Hours – Solo Drivers

Time Work Rest

In any period of… A driver must not work for more than a MAXIMUM of…

And must have the rest of that period off work with at least a MINIMUM rest break of…

� ½ hours � ¼ hours work time �� continuous minutes rest time

8 hours � ½ hours work time �0 minutes rest time in blocks of �� continuous minutes

�� hours �0 hours work time �0 minutes rest time in blocks of �� continuous minutes

�� hours �� hours work time � continuous hours stationary rest time�

� days �� hours work time �� continuous hours stationary rest time

�� days ��� hours work time � x night rest breaks� and � x night rest breaks taken on consecutive days

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 vehicle.

2 Night rest breaks are 7 continuous hours stationary rest time taken between the hours of 10pm on a day and 8am on the next day (using the time zone of the base of the driver) or a 24 continuous hours stationary rest break.

Table 2B: Standard Hours (Bus and Coach Sector) – Solo Drivers

Time Work Rest

In any period of… A driver must not work for more than a MAXIMUM of…

And must have the rest of that period off work with at least a MINIMUM rest break of…

� ½ hours � ¼ hours work time �� continuous minutes rest time

8 hours � ½ hours work time �0 minutes rest time in blocks of �� continuous minutes

�� hours �0 hours work time �0 minutes rest time in blocks of �� continuous minutes

�� hours �� hours work time � continuous hours stationary rest time�

� days � x night rest breaks�

�8 days �88 hours work time � x �� continuous hours stationery rest time

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 vehicle.

2 Night rest breaks are 7 continuous hours stationary rest time taken between the hours of 10pm on a day and 8am on the next day (using the time zone of the base of the driver) or a 24 continuous hours stationary rest break.

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Basic Fatigue Management (BFM)

The BFM option offers more flexible hours than Standard Hours, including the ability to work shifts of up to �� hours. BFM gives bus and coach operators a greater say in when they can work providing the risks of working long hours and night shifts are properly managed.

Basic steps to manage the risk of driver fatigue include planning trips and schedules, training drivers and schedulers and checking records. To access BFM, bus and coach operators

will need to be accredited and comply with six BFM standards covering scheduling and rostering, fitness for duty, fatigue knowledge and awareness, responsibilities, internal review, and records and documentation. In some States and Territories the local bus accreditation may substitute for BFM accreditation and enable you to drive within the BFM option. Please consult your local road agency for further details.

The BFM option is also available for Two-up drivers (refer to the information bulletin ‘Two-up driving explained’).

Table 3: Basic Fatigue Management – Solo Drivers

Time Work Rest

In any period of… A driver must not work for more than a MAXIMUM of…

And must have the rest of that period off work with at least a MINIMUM rest break of…

� ¼ hours � hours work time �� continuous rest time

9 hours 8 ½ hours work time �0 minutes rest time in blocks of �� continuous minutes

�� hours �� hours work time �0 minutes rest time in blocks of �� continuous minutes

�� hours �� hours work time � continuous hours stationary rest time�

� days �� hours long/night work time�

�� days ��� hours work time �� continuous hours stationary rest time taken after no more than 8� hours work time and �� continuous hours stationary rest time and � x night rest breaks� and � x night rest breaks taken on consecutive days

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 vehicle.

2 Long/night work time is any work time in excess of 12 hours in a 24 hour period or any work time between midnight and 6 am (or the equivalent hours in the time zone of the base of a driver)

3 Night rest breaks are 7 continuous hours stationary rest time taken between the hours of 10pm on a day and 8am on the next day (using the time zone of the base of the driver) or a 24 continuous hours stationary rest break.

��HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

Advanced Fatigue Management (AFM)

The AFM option brings a genuine risk management approach to managing fatigue, rather than prescribing work and rest hours. AFM accreditation offers more flexible hours than Standard Hours or BFM in return for the operator demonstrating greater accountability for managing fatigue risks. Under AFM drivers may be allowed to split their continuous rest break for more flexibility.

To access this scheme an operator must be NHVAS AFM accredited and comply with ten AFM standards including scheduling and rostering, operating limits, readiness for duty, health, management practices, workplace conditions, fatigue knowledge and awareness, responsibilities, records and documentation and internal review.

Operating limits

AFM work and rest hours (operating limits) must be approved by the Fatigue Authorities Panel. In approving an AFM application, authorities will consider whether the fatigue risks associated with the proposed operating limits can be managed or mitigated.

Approved AFM operating limits may allow for some additional flexibility, for example in the case of an unforeseen and lengthy delay which greatly extends the driver’s work schedule. Outer limits represent the point past which further driving or work poses an unacceptable fatigue risk. The national outer limit of �� hours (�� hours in New South Wales and Victoria) cannot be exceeded. This limit is based on robust advice from fatigue experts, and experience from current transport industry practices.

To be approved, the operator’s fatigue management system must describe how additional fatigue risks associated with the proposed hours will be managed and ensure the driver takes additional ‘recovery’ rest. More detail can be found on the information bulletin ‘Advanced Fatigue Management explained’’.

Work and Rest

‘Work time’ refers to all driving and any other tasks related to the operation of a bus or coach. Work time is the time a driver spends driving a bus or coach (on or off the road) and any other time a driver spends doing tasks related to the operation of the bus or coach including fueling, inspecting, servicing, attending to passengers, cleaning, loading and unloading luggage etc. All other time is counted as ‘rest time’.

The legislation requires work and rest to be counted in a certain way. Time is counted in �� minute intervals and is recorded according to the time zone of the driver’s base. Work is always rounded upwards to �� minutes e.g. a period less than �� minutes is counted as �� minutes; a period between �� minutes and �0 minutes is counted as �0 minutes etc. A �0 minute rest break can be taken as �x�� minute rest breaks etc but � hour or �� hour rest breaks must be taken as a continuous period.

In contrast, rest is always rounded downwards to the nearest �� minutes e.g. a period less than �� minutes does not count towards rest while a period of �� minutes but less than �0 minutes is counted as �� minutes rest.

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Two-up driving in the Bus Sector

Under existing regulations, Two-up drivers operate under the same limits as solo drivers. Recognising the need for flexibility across a wide range of transport operations, the NTC has developed a tiered approach to fatigue management for Two-up driving (see table �).

The Standard Hours option and Standard Hours (Bus and Coach Sector) are the least flexible of the options and are aimed at regular scheduled operations with a lower fatigue risk requiring up to �� hours work each day. If your operation needs more flexible hours, you should look at the Basic Fatigue Management (BFM) and Advanced Fatigue Management (AFM) options. For more information on the new work and rest options refer to the information bulletin ‘Driving Hours for the Bus Sector’.

Standard Hours (Two-up)

The Standard Hours module for Two-up has been developed for operators who only use Two-up on an ad hoc or infrequent basis. Short rest breaks and working hours in �� hours are the same as for solo drivers (see Table �).

TWO-UP DRIVING EXPLAINED4

Module Requirements

Standard Hours Minimum prescribed rest and working hours

S t a n d a r d H o u r s (Bus and coach sector)

As above, with variation for low risk bus applications

Basic Fatigue Management (NHVAS)

More permissive hours, with increased responsibility for fatigue management compliance-assurance

Advanced Fatigue Management (NHVAS)

Risk management and quality assurance approach to manage specific fatigue risks

Table 1: Work and Rest Options (Two-up)

��HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

Table 2: Standard Hours (Two-up)

Time Work Rest

In any period of… A driver must not work for more than a MAXIMUM of…

And must have the rest of that period off work with at least a MINIMUM rest break of…

� ½ hours � ¼ hours work time

�� continuous minutes rest time

8 hours � ½ hours work time

�0 minutes rest time in blocks of �� continuous minutes

�� hours �0 hours work time �0 minutes rest time in blocks of �� continuous minutes

�� hours �� hours work time � continuous hours stationary rest time� or � hours continuous rest time in an approved sleeper berth while the vehicle is moving

�� hours �0 continuous hours stationary rest time

� days �0 hours work time �� continuous hours stationary rest time and �� hours stationary rest rime in blocks of at least � continuous hours of stationary rest time

�� days ��0 hours work time

� x night rest breaks� and � x night rest breaks taken on consecutive days

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 vehicle.

2 Night rest breaks are 7 continuous hours stationary rest time taken between the hours of 10pm on a day and 8am on the next day (using the time zone of the base of the driver) or a 24 continuous hours stationary rest break.

Basic Fatigue Management (Two-up)

BFM accreditation offers greater flexibility for Two-up operators than Standard Hours (see Table �). Under BFM Two-up operators are required to address critical fatigue factors such as driver selection and training, driver comfort, sleeper berth design, and pre-trip preparation. Under BFM Two-up short rest breaks are not mandated.

In some States and Territories the local bus accreditation may substitute for BFM accreditation and enable you to drive within the BFM option. Please consult your local road agency for further details.

Table 3: Basic Fatigue Management (Two- up)

Time Work Rest

In any period of… A driver must not work for more than a MAXIMUM of…

And must have the rest of that period off work with at least a MINIMUM rest break of…

�� hours �� hours work time

8� hours �0 continuous hours stationary rest time�

� days �0 hours work time �� continuous hours stationary rest time and �� hours stationary rest time in blocks of at least � continuous hours

�� days ��0 hours work time � x � night rest breaks�

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 vehicle.

2 Night rest breaks are 7 continuous hours stationary rest time taken between the hours of 10pm on a day and 8am on the next day (using the time zone of the base of the driver) or a 24 continuous hours stationary rest break.

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The ‘Guidelines for Managing Heavy Vehicle Driver Fatigue’ recommend short rest breaks for Two-up operations. These rest breaks can be used as a trigger to change the lead driver. This also provides greater flexibility by allowing �� hours work in �� hours, similar to BFM requirements for solo drivers.

Bus and coach Two-up drivers are required to take a minimum �0 hour continuous stationary rest break after a maximum of 8� hours work and rest. Many interstate one-way trips can be run under the BFM module. However, longer trips (such as Perth-Darwin-Sydney) may need to be managed under the AFM module.

Advanced Fatigue Management (Two-up)

Regular long distance operation may require additional flexibility and more stringent fatigue risk management practices (see table �). If your operation needs more flexible hours than those provided by the other two options then you should be looking at AFM. Rather than prescribing work and rest hours, AFM delivers a genuine risk management approach to managing driver fatigue. AFM provides greater flexibility by allowing drivers to ‘bank’ extended driving hours from one work period and counterbalance this with longer continuous rest breaks in another period.

�9HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

Please note: Approved sleeper berths must be used.

Under AFM, proposals are treated on a case-by-case basis, with individual terms and conditions including outer limits set by approving authorities in each State and Territory.

Table 4: Summary of BFM/AFM Risk Management for Two-up Operations

Countermeasures Requirements

Sleeper berth design auxiliary air conditioning units

separate suspension

noise and heat insulation

good quality mattress

dual escape hatches

Driver selection driver self-selection

pre-employment screening

ability to sleep in a moving vehicle

married teams assessed as individuals

p r o b a t i o n a r y p e r i o d w i t h experienced driver

periodical review of terms

Driver training Nationally recognised training covering fatigue management, ‘sleep hygiene’, napping techniques, managing unforeseen delays and stimulant use.

Trip preparation notify trip details in advance

designate lead driver

avoid work prior to a long distance trip

prepare trip plans

Driver health education on driver health issues (including stimulant use)

regular driver medicals

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Switching from Solo to Two-up

As a general rule, a driver switching from solo to Two-up (and vice versa) must at all times operate within the legal limits of both solo and Two-up limits. A driver moving from solo to Two-up must comply with the Two-up limits both before setting off and at all times while operating as a Two-up driver. For example, in the previous seven days a driver moving from solo to Two-up must have had at least �8 hours stationary rest (including �� hours continuous rest) before moving into Two-up (see Table � for more details).

Similarly a driver moving from Two-up to solo driving must ensure they comply with the solo driving limits (see Table �) before setting off and at all times while operating as a solo driver. This means, for example, that the driver moving from Two-up to solo driving must have had � hours continuous rest in the previous �� hour period.

If you think you may operate under both solo and Two-up schemes under the new regulations, ensure you understand the limits of both modules. You and your drivers must comply at all times with the limits of the module you are operating under.

��HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

Comply with relevant fatigue management requirements by implementing measures that minimise fatigue including:

• consulting with bus and coach drivers on fatigue issues;

• complying with operating limits (e.g. minimum continuous break for sleep);

• assessing fatigue risks associated with work undertaken;

• making sure employees are trained and informed about fatigue;

• ensuring contracts and business arrangements consider fatigue issues; and

• having safe work procedures to minimise fatigue.

Plan drivers’ workloads by building in time to recover from fatigue through using measures such as:

• keeping schedules as regular and predictable as possible;

• allowing for non-driving duties (e.g. attending to a passenger);

• building in time to allow drivers to meet normal living requirements and commitments;

• planning trips to allow as much quality sleep at night as possible;

• building in time to adjust from a holiday break or day to night driving change;

• scheduling trips to allow for adequate rest breaks; and

• scheduling trips within working time limits and allowing for possible delays.

Make sure drivers and equipment are well prepared where appropriate by:

• checking required medical assessments have been undertaken and certificates are current;

• using a Fitness for Duty checklist;

• providing training on how to recognise and manage driver fatigue;

• providing information on short term measures such as naps and breaks and understanding the limitations of these temporary measures; and

• providing information on how to minimise fatigue.

Manage disruptions to schedules by taking action such as:

• rescheduling itineraries;

• replacing a fatigued driver (where possible) when long delays extend working time; and

• balancing a driver’s extra working time with a longer break and with a longer sleep opportunity in the next period.

Encourage drivers to report any problems by:

• having an agreed reporting system including an incident report form or a phone-in system in which messages can be left; and

• investigating any fatigue-related problems, fixing the problems and providing feedback to all drivers.

FATIGUE INFORMATION FOR BUS AND COACH OPERATORS5

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Keep basic records for managing fatigue such as:

• bus and coach schedules, rosters and itineraries;

• driver work diaries, pay slips, fuel dockets, output of electronic monitoring;

• records of required health assessments and any training provided or undertaken; and

• records of any fatigue incidents and action taken as a result.

Regularly review operations by:

• reviewing itineraries, driver work diaries and other records to make sure fatigue management procedures are being followed and are effective;

• talking to bus drivers (or other drivers doing similar work) about ways of reducing fatigue; and

• obtaining information from industry associations, transport or OH&S agencies and research centres about effective fatigue management practices.

Further information

This bulletin cannot explain all of your obligations under the new laws. If you would like further information on how to meet specific duties please refer to the ‘Guidelines for Managing Heavy Vehicle Driver Fatigue’ (2007) which provide detailed information suitable for all parties. Further information on fatigue and copies of the Guidelines are available from your local road agency or may be obtained from the NTC website www.ntc.gov.au

FATIGUE INFORMATION FOR BUS AND COACH OPERATORS5

��HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

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Comply with relevant fatigue management requirements including the obligation not to put yourself or others at risk by your actions through:

• cooperating with fatigue management procedures established by your employer to reduce health and safety risk in the workplace;

• complying with operating limits (e.g. minimum continuous break for sleep) including accurately recording all hours of work and rest;

• disclosing any matter that may affect your fitness for duty; and

• stop driving if you believe your fatigue level is a risk to yourself and others.

Use the training and information provided by your employer on issues such as:

• fitness for duty checks before commencing work;

• planning your non-work time to get a good rest;

• being aware of the body clock and the best times for sleep; and

• ways you can recognise and manage fatigue.

Be prepared for upcoming schedules by taking action such as:

• using the break between schedules to get good quality (preferably night) sleep;

• ensuring you can meet legislative and company requirements on drugs, alcohol and medications; and also

• ensuring commitments outside work such as a second job, study or social activities do not limit the opportunity for quality sleep.

Apply recognised methods of minimising fatigue such as:

• sleeping at night as much as possible;

• sleeping in a dark, quiet and comfortable place;

• taking adequate short breaks; and

• working within legal work limits.

Use short term fatigue measures but recognise their limitations by:

• scheduling short breaks;

• using breaks to stretch and exercise and get away from the driving task;

• using naps before you are fatigued;

• building in a wake-up period after naps;

• understanding the limitations of temporary measures (e.g. short breaks and naps);

• recognising fatigue warning signs such as crossing lanes, missing exits, yawning, blinking and closing your eyes momentarily; and

• keeping the bus well ventilated and at a comfortable temperature.

FATIGUE INFORMATION FOR BUS AND COACH DRIVERS6

��HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

Respond to on-road circumstances such as delays, road conditions and weather by:

• adjusting the schedule to get to a suitable place for rest or quality sleep;

• taking into account the time of day that sleep has been most recently taken and the prospect of night sleep in the immediate period ahead;

• communicating with base (if possible) to get advice on the changes to schedule;

• balancing any extra working time with a longer break; and

• balancing any reduction in quality sleep with a longer sleep in the next period.

Report any problems and keep records as required by:

• reporting any problems within or between schedules so they can be fixed;

• keeping work diaries or other paperwork required for fatigue purposes; and

• providing input to your employer to improve schedules or rosters.

Further information

This bulletin cannot explain all of your obligations under the new laws. If you would like further information on how to meet specific duties please refer to the ‘Guidelines for Managing Heavy Vehicle Driver Fatigue’ (2007) which provide detailed information suitable for all parties. Further information on fatigue and copies of the Guidelines are available from your local road agency or may be obtained from the NTC website www.ntc.gov.au

FATIGUE INFORMATION FOR BUS AND COACH DRIVERS6

Napping guidelines

The ‘Guidelines for Using Napping to Prevent Commercial Vehicle Driver Fatigue’ are designed to help drivers better understand fatigue and explain how to make the best use of napping to maintain alertness on the road. These Guidelines are being made available as part of the reform package for Heavy Vehicle Driver Fatigue to further raise industry awareness of fatigue and as a valuable resource to industry.

The Guidelines explain the causes of fatigue, the body’s need to slow down at certain points in the �� hour cycle, how and when napping can be used to reduce fatigue, the different types of naps, how to plan for naps, and how employers can assist. Company policies should also provide opportunities for drivers to obtain on-the-road ‘maintenance naps’ by incorporating adequate time for naps into trip schedules.

Company policies should also encourage drivers to take a ‘preventative nap’ prior to any long trip. Bus and coach operators should provide information and training on napping techniques to employees on an ongoing basis. The requirement for such policies will form part of the general duty under the new heavy vehicle driver fatigue regulations.

Duty of care

Driver fatigue is now a recognised and foreseeable hazard in the road transport industry and both bus and coach employers and drivers have a duty of care to control this hazard, and when drivers take naps to manage fatigue they are acting within their duty of care.

Taking naps are an effective way of helping to control and manage driver fatigue. The new laws require employers to provide a safe working environment, and for employees to operate a safe system of work for the benefit of themselves and others in the workplace. That is their duty of care requirement.

Company napping policies

Bus and coach companies considering developing a napping policy should first talk to drivers, managers and other employees. This will ensure company-wide ownership and use of the policy. An additional benefit is that an effective company napping policy will provide evidence of an organisation’s:

• commitment to safe work practices and safety;

• commitment to employee health; and

• compliance with the duty of care under the OH&S legislation.

MANAGING FATIGUE IN YOUR WORKPLACE7

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Elements of a napping policy should address:

• encouraging bus drivers to take a preventative nap before reporting for work so as to reduce the risk of an accident occurring during shift;

• naps cannot be enforced on the job, but company policies should encourage drivers to take naps during their shift by building in adequate time for naps in trip schedules;

• if a driver has not had adequate sleep or a main rest break, schedules may need to be adjusted to allow the driver to take a recovery nap;

• a company napping policy should not be used to extend driver itineraries beyond legitimate limits, but it should promote safer operations; and

Drivers’ health:

• a driver health program should include a napping policy;

• drivers with sleep apnoea may suffer from excessive on-the-job sleepiness and may need to take frequent naps. Drivers should undergo medical screening for sleep disorders so they can be advised on how to manage these sleep disorders. Companies may consider medical examinations in accordance with the standard ‘Assessing Fitness to Drive’ (Austroads, �00�);

• it is a normal part of aging that as we get older, night time sleep starts to get shorter and more fragmented, and day time sleepiness starts to increase. Sleep apnoea also gets increasingly likely with age. This means napping may be an increasingly important strategy for older drivers; and

• company health programs should also include information on the risks of obesity, and provide guidance for drivers on healthy diets, physical fitness and exercise.

Driver training:

• the ease with which people can nap depends very much on the individual. A worthwhile idea is to give drivers some training in relaxation techniques so they can get the most benefit from napping opportunities by shortening the time taken to fall asleep; and

• information and training on how to get the greatest benefit from quality sleep breaks and naps should be provided to employees and their families as part of a driver induction program and on an ongoing basis (short refresher courses).

��HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

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However, managing fatigue is a shared responsibility and a company napping policy can only provide opportunities and encourage drivers to take naps, it cannot enforce napping. As a bus or coach driver you are ultimately responsible for getting sufficient good quality sleep at night and at weekends and using napping when you need it to maintain alertness on the job.

Napping techniques

The best time to plan a nap is when the body is naturally drowsy either in the afternoon (�pm to �pm) or during the night (midnight to dawn). A short ten minute nap can help reduce your fatigue and boost your work performance when you are feeling tired during the work day. In general, a nap should last less than �� minutes so the groggy after effects are not as strong when you wake.

Napping techniques can be used as a temporary measure to manage fatigue and to keep alert on the job, but is no substitute for getting a good main sleep. As a driver, if you have not had adequate sleep and are fatigued your performance at work will deteriorate.

As you become more fatigued the risk of an accident increases considerably. Signs of fatigue include slow reaction times, poor concentration, memory lapses, lack of awareness, mood changes and a lack of good judgement. If you are more severely fatigued you may experience micro-sleeps. In other words, you may remember waking up, but cannot remember falling asleep seconds earlier. Eventually, you will become so sleepy that no amount of motivation, training, experience, or professionalism will prevent you from falling asleep uncontrollably.

It is common practice in the bus and coach industry to work long and irregular hours, and occasionally, not get enough good quality sleep. Napping can be used as a temporary measure to manage your fatigue and to keep alert on the job. However, you should not use napping as a substitute for getting a good main sleep.

Napping conditions

To get the best value from a nap some special conditions apply. As a general rule, you will find it easier to sleep in dark, quiet conditions, in a comfortable temperature and in a place with good ventilation. Ideally, if you are taking naps in your bus or coach it should be fitted with a sleeper berth and the temperature should be comfortable. When you are planning to take a nap, as a security precaution, you should let your supervisor know. Your supervisor can also act as a backup for a wake-up call.

�9HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

Biological clock

As humans we are day-orientated, that is, designed to work during the day and sleep at night. Our internal body rhythms cause regular variations (the circadian rhythm) in bodily and mental functions over each �� hour period. We become naturally drowsy between midnight and dawn and again between �pm and �pm in the afternoon.

The risk of an accident increases during these hours regardless of the amount of sleep you may already have had. Most people normally require between seven and eight hours continuous sleep to perform at their best and to keep reasonably alert during the day, however, sometimes we may need to supplement this rest with additional sleep throughout the ��-hour period.

Napping as a tool

Preventative Naps

Taking a nap before beginning a long trip helps prevent fatigue developing during the trip. As a driver, you can use a preventative nap to reduce the build up of fatigue especially where your trip schedule is extended for whatever reason. Taking a preventative nap before you get fatigued is more efficient in terms of maintaining your alertness and performance on the job than taking a nap after you have become fatigued.

Operational Naps

Operational naps are naps taken on the job and are usually taken when the opportunity arises during the day. If you have had sufficient sleep but your trip schedule has been extended you may

find this type of nap will help maintain your alertness throughout the trip.

Sleep inertia

After taking a nap you may find that you feel groggy and lethargic just after waking. This is referred to as ‘sleep inertia’. The length of time people are affected by sleep inertia can vary from a couple of minutes to as long as �0 minutes. The reasons for this are the amount of time you have been awake before taking the nap, the length of the nap, and the time of day when you take the nap.

As a driver you should not immediately start work after waking from a nap. This is because your reaction time and alertness are still slow as a result of the nap. After any nap, no matter how carefully timed, you should allow for some ‘recovery time’ after waking up and before resuming work. For longer naps, e.g. �� minutes or so, you should allow about �� minutes after waking up to recover alertness before starting to drive.

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Training

The ease with which people nap varies from person to person, unless you are already suffering from lack of adequate sleep. Companies should consider providing drivers with training in relaxation techniques. This will help drivers get the most benefit from napping by reducing the time it takes to fall asleep. Driver training should include an explanation of the nature of sleep, the body’s need for sleep, the benefits of napping and napping strategies. This training may also include information on exercise, obesity, the benefits of a healthy diet, and how to manage stress, etc.

Driver health

As we get older, night sleep starts to become shorter and more fragmented and we start to become sleepier during the day. This means older drivers may find napping increasingly useful to maintain alertness on the job. Companies should consider medical examinations for older drivers to screen for sleep disorders and other fatigue related conditions. Information on sleep disorders and how to get treatment if required would also be very useful.

��HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

Who is the record keeper?

Usually, the record keeper will be the person who employs the driver. Under the legislation an employer is anyone who engages a driver under a contract of employment, apprenticeship or training. This includes labor hire companies.

However, there are two exceptions:

• if the driver is self-employed (an owner-driver) the obligation to keep records belongs with them; and

• if the driver is operating under Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) accreditation, the record keeper will be the BFM or AFM accredited operator. This includes subcontractor drivers working under an operator’s fatigue accreditation scheme.

Record content

If a driver is engaged in local work under Standard Hours (Bus option), and is not otherwise required to keep a work diary, record keepers must keep the following information:

• the driver’s name, licence number and contact details;

• the dates the driver was driving a bus;

• the driver’s rosters and trip schedules (including driver changeovers and the registration number of each bus driven);

• the driver’s payment records including timesheet records;

• the daily total of work/rest hours for drivers operating within the local area zone; and

• the weekly totals of work/rest time for drivers operating within the local area zone.

If the driver has to fill out a work diary, then the record keeper must:

• keep copies of the work diary daily sheets;

• record the driver’s name, licence number and contact details;

• the driver’s rosters and trip schedules (including driver changeovers);

• the driver’s payment records including timesheet records; and

• and any other information required to be kept as a condition of BFM and AFM accreditation.

RECORD KEEPING8

Obtaining records

It is the record keeper’s responsibility to ensure the driver submits a copy of his or her daily work diary and any supplementary records within 21 days after that day.

Changing record keepers

If the driver has two or more record keepers on that day, a copy of the work diary and any supplementary records must go to each record keeper. Before driving a heavy vehicle or bus for another record keeper, the driver must also give the new record keeper a copy of the information recorded in any work diary for the previous �8 days. This will help the record keeper assess whether the driver can legally complete the work.

For example, if a solo driver operating under Standard Hours has not had � nights rest over a � week period (including � consecutive nights rest) the new scheduler can use the records provided to the new record keeper to plan the driver’s new roster so it is legally compliant.

The new record keeper must not allow the driver to drive a heavy vehicle on the new record keeper’s behalf unless the driver has provided the above details.

Electronic work diary

If the driver’s work diary is electronic, the record keeper must give the driver a printout of the information recorded before the driver stops using it (i.e. if the driver is changing back to a written work diary).

False or misleading records

A driver or record keeper must keep an accurate work record in their possession. Severe penalties apply to drivers and/or record keepers who:

• record information in a work diary that they know, or ought to know, is false or misleading;

• record information for the same period in more than one work diary;

• deface or change a work record they know, or ought to know, is correct;

• pretend they have made a work record or made an entry in a work record when this is not the case;

• make an entry in someone else’s work record (unless otherwise permitted, e.g. a police officer making an annotation or a two-up driver’s counter-signature);

• destroy a work record before the end of the period for which they are required to be kept (the law requires records to remain readable and easily understood as evidence); and

• tamper with the operation of an electronic work diary.

If a driver becomes aware of or suspects the vehicle’s electronic work diary or odometer is faulty, the driver must report the problem to his or her record keeper (e.g. supervisor) as soon as possible. The record keeper must ensure the electronic work diary is examined and returned to working order as soon as possible. Vehicle owners must ensure faulty odometers are operating correctly.

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Storage of records

All work records, including work diary records, are required to be kept by the record keeper for � years after the record is created. Records are to be kept in a place that is accessible to authorised officers and police officers and maintained in a readable and easily understood condition for use as evidence.

For example, a record keeper should keep copies of records in a storage facility that will ensure the records do not degrade or could become unreadable. This could include clearly scanning relevant hard copy records and retaining them in electronic format.

Normally records should be kept at the driver’s base. However the record keeper may designate another location as the record location. In such cases, the record keeper must inform the driver of this location.

BFM and AFM accreditation records

Operators working under a BFM or AFM accreditation also have a duty to keep other records. Operators must ensure that each driver who is to work under the BFM or AFM accreditation is inducted into the operator’s BFM or AFM fatigue management system and meets the requirements relating to drivers under the applicable accreditation.

The operator must therefore keep the following:

• a current list of the drivers under the BFM or AFM accreditation;

• records demonstrating that the drivers have been inducted into the operator’s fatigue management system and informed of the operator’s hours under the scheme;

• meets the requirements relating to drivers under the particular accreditation; and

• records relating to the operation of the fatigue management system, such as incident reports and risk management documentation.

��HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

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A new work diary

The new laws include the introduction of a driver work diary to replace the existing driver log books. A work diary can be either written or electronic, but, whatever form it takes, it must contain a record of the driver’s work/rest history as required under the legislation.

The written work diary contains similar information to the existing logbook and is issued by a road authority. Drivers must complete daily sheets to record their work/rest history.

An electronic work diary is an electronic device or system fitted to the heavy vehicle to monitor and record the work and rest times of a driver. It must be approved as an electronic work diary by a road authority.

Who must use a work diary?

You only have to use a work diary if you are driving:

• a heavy vehicle;

- with a GVM over �� tonnes (except a bus or tram);

- that is part of a combination, if the total of the GVMs of the vehicles in the combination is over �� tonnes; or

• a bus with more than �� seats.

Work time is the time spent driving heavy vehicles or buses on or off the road, or doing tasks related to their operation (eg: pre-trip inspection).

When should you use a work diary?

You must use the work diary if you are working:

9 NATIONAL DRIVER WORK DIARY

• in NSW or Tas (regardless of the distance travelled); or

• more than �00km from your base (�00km in Qld); or

• under Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) (you must carry a copy of the operator’s BFM or AFM accreditation certificate at all times); or

• under a work/rest hours exemption (you must carry a copy of the work/ rest hours exemption at all times).

Drivers required to use a work diary must keep a work diary in the vehicle which contains records of your work and rest time within the last �8 day period. If you travel in WA or the ACT for less than � days you must continue to use the work diary.

You must only ever record information at any one time in a single work diary. This includes electronic work diaries. However, if you used a paper work diary for part of the previous �8 days you need to keep that paper work diary in the vehicle for compliance purposes.

If you have changed from using an electronic work diary to a paper work diary, you must carry printouts of your daily records for the previous �8 days with you.

��HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

Who keeps the copies of your work diary pages?

Each daily sheet (marked ORIGINAL) must remain in the work diary. Each daily sheet has two copies. You must give the first copy (marked DUPLICATE) to the person you are currently working for as soon as possible or within �� days of the date recorded on the daily sheet.

You should keep the second copy (also marked DUPLICATE) in the work diary unless you have worked for two separate employers within the same �� hour period. In this case give a copy to each employer. Otherwise retain the second copy in the work diary unless it is requested by an authorised enforcement officer who may remove it.

If you are self-employed you must keep copies of your work diaries and daily sheets for � years for audit purposes. If you are an employed driver, your employer must keep these copies for � years.

What should you do with your work diary if you are stopped at the roadside?

If you are stopped by an authorised officer or a police officer for a roadside inspection, you must produce your work diary for inspection. The officer may ground you for �� hours if you do not. The officer may remove a duplicate of each work diary daily sheet from your work diary if required. You can ask the officer to make a note in your work diary if you have been stopped for more than � minutes.

How do you get a new work diary?

If you have nearly filled up your work diary, you can get a new one by applying in person to a road agency. The road agency will cancel the unused pages in your work diary.

What if your work diary is lost, stolen or destroyed?

If your work diary is lost, stolen, destroyed or filled up before you can get a new work diary you must report this in writing to a road agency within � business days. You have a maximum of � business days to get a new work diary.

Until you are issued with a new work diary, you must continue to record all work and rest time in a supplementary record. This must contain the same information as you would record in your work diary.

Any supplementary record must be treated the same way as your work diary. You must keep a copy of each daily supplementary record in the vehicle for �8 days after it is made and give a copy to your employer within �� days, who must store it for � years.

If your lost work diary is returned to you after you have been issued with a new one you must immediately cancel any unused daily sheets in the old work diary by writing CANCELLED across each unused page and notify the road agency as soon as possible.

How to fill in your work diary

It is important to always use a blue or black ballpoint pen and record all entries legibly. Make sure you apply enough pressure so your entries are transferred and clearly recorded on the duplicate sheets. You must complete a daily sheet for the full �� hours of each day during which you are the driver of a heavy vehicle or bus.

You must start a new daily sheet every time you change work/rest options, if you change to a driver base located in a different time zone or you start working for a different employer. If your shift is recorded over more than one daily sheet you should leave the balance of the work and rest timelines blank.

On each daily sheet you must record:

• your full name, licence number, date, State or Territory of your base, State or Territory your licence was issued and the day of the week;

• whether you are a Solo or Two- up driver, the work/rest option you are working under (and your operator’s BFM or AFM accreditation number if you are working under BFM

or AFM) and if you are working under a work/rest hours exemption;

• the location (rest area, truck stop, suburb or town) of where you are when you start work, have a work/rest break and when you stop work (including when you change from a Solo to Two-up driver or vice versa);

• the odometer reading of the vehicle when you start and stop work including all work/rest changes;

• the number plate of the vehicle you are operating when you start and stop work including all work/rest changes; and if you change vehicles in that �� hour period;

• the time spent working Solo and/or Two-up and resting by drawing a line in the appropriate rows along the �� hour timeline;

• the total time spent in �� hours working Solo and/or Two-up and resting in appropriate boxes at the end of each timeline (if you use more than one daily sheet in �� hours, record the total time spent in that �� hour period on the last daily sheet);

• if applicable, the Two-up driver’s full name, work diary number (if it is a written work diary), driver’s licence number and State or Territory their work diary was issued; and

• the signatures of both the driver and Two-up driver (if applicable) at the bottom of every daily sheet.

False or misleading records

A driver must keep an accurate work record in their possession. Severe penalties apply to drivers who:

• record information in a work diary that they know, or ought to know, is false or misleading;��

• have more than one written work diary (other than a filled-up work diary);

• record information for the same period in more than one work diary;

• deface or change a work record they know, or ought to know, is correct;

• pretend they have made a work record or made an entry in a work record when this is not the case;

• make an entry in someone else’s work record (unless otherwise permitted, e.g. a police officer making an annotation or a two-up driver’s counter-signature);

• destroy a work record before the end of the period for which they are required to be kept (the law requires records to remain readable and easily understood as evidence); and

• tamper with the operation of an electronic work diary.

If a driver becomes aware or suspects the vehicle’s electronic work diary or odometer is faulty, the driver must report the problem to his or her record keeper (e.g. supervisor) as soon as possible. The record keeper must ensure the electronic work diary is examined and returned to working order as soon as possible. Vehicle owners must ensure faulty odometers are operating correctly.

��HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

Work Diary Daily Sheet - Sample Page

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Under the new laws, bus operators will need to make sure their drivers and schedulers are competent. This is done through Vocational Education and Training (VET) sector training and assessment.

To ensure everybody has a good understanding about what fatigue is and how it can be managed to keep drivers safe, some workers need to become competent in fatigue management practices before an operator’s Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) accreditation will be granted. This means some people need to complete units of competence, which are recognised under the Australian Qualifications Framework (AQF) and delivered through the VET sector.

The purpose of this information bulletin is to explain the training requirements for BFM and AFM, and address some frequently asked questions in relation to the new national laws about training for managing heavy vehicle driver fatigue.

Competency requirements

The fatigue management modules in the National Heavy Vehicle Accreditation Scheme (NHVAS) are underpinned by minimum standards which must be met by an operator to manage fatigue. These standards contain specific requirements relating to fatigue knowledge and awareness.

In some States and Territories the local bus accreditation may substitute for NHVAS accreditation and enable you to drive within the BFM option. All operators must meet the same nationally approved standards and

training requirements regardless of which accreditation scheme they are in. Please consult your local road agency for further details.

An operator must make sure that all staff members are aware of the companies fatigue management policies and procedures (e.g. induction course and refresher training).

In addition to this, the standards also specify that:

• any person that drives a bus must demonstrate competence with TLIF1007C Apply fatigue management strategies; and

• any person who is a scheduler, or who supervises or manages bus drivers and scheduling staff must demonstrate competence with TLIF6307A Administer the implementation of fatigue management strategies.

Most drivers and staff will probably choose to complete an individual competency unit in order to fulfill the requirements for fatigue management accreditation. However, some individuals may choose to obtain a wider qualification in transport and logistics such as certificates III and IV in Transport and Logistics.

10 TRAINING IN FATIGUE MANAGEMENT

�9HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

Training and assessment

There are several different avenues for training and assessment against nationally recognised units of competence and/or qualifications. Assessment must be done by a qualified assessor and a Statement of Attainment issued by a Registered Training Organisation (RTO).

Training is often offered by RTOs in conjunction with assessment, although there is no restriction on who can offer training, as long as the assessment is done according to Australian Quality Training Framework (AQTF) requirements (with a Statement of Attainment issued at completion of assessment).

The choice of training and assessment arrangements depends on the individual requirements of the road transport operator concerned. Some models for

training and assessment include (but are not limited to):

• sending employees to a training course run by an RTO (for instance, the local TAFE college or a private provider);

• using an AQF accredited individual with suitable qualifications or expertise from within the industry to provide training and assessment services;

• the bus operator becoming registered as an RTO;

• a number of bus operators grouping together to share costs of engaging trainers and/or assessors; and

• partnerships between bus operators and RTOs.

Whatever model is used there must be suitably qualified persons able to ensure and confirm the quality of the training and/or assessment processes being used. The aim is that the quality of the training and assessment meets the standards of the AQTF.

Some people who have done a course previously, and have significant work experience, may be eligible to have their current skills recognised.

The NTC website provides information on training and assessing fatigue management. Please contact your local bus association for more information on RTOs.

For information about National Training Framework, the Australian Qualification Training Framework, or Vocational Education and Training system, phone 0� 9��0 ���� or visit www.tlisc.com.au and www.ntis.gov.au

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Notes

41HEAVY VEHICLE DRIVER FATIGUE HANDBOOK for the Bus and Coach Industry

Level 15/628 Bourke Street MELBOURNE VIC 3000 Tel: 03 9236 5000 Fax: 03 9642 8922 E-mail: [email protected]

www.ntc.gov.au