HEAVY VEHICLE DRIVER FATIGUE REFORM
Information Bulletin
July 2008
What Records You Need to Keep
– A Guide for Record Keepers
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.
This bulletin is designed to highlight selected record keeping
procedures included in the new laws. It does not cover all of
your duties under the new fatigue laws. This should be read
in conjunction with the NTC Information Bulletin How to use
your new work diary.
For more detailed information on the reform please refer to
the references at the end of this bulletin.
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 labour 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 their prime contractor’s fatigue
accreditation scheme.
Record content
Record keepers must keep the following information:
• 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;
•copies of the work diary daily sheets if the driver is in
Standard Hours and has driven outside the local area
zone (see the NTC information bulletin How to use your
new work diary);
•copies of the work diary daily sheet if the driver is
working under BFM or AFM accreditation;
•other information required to be kept as a condition of
BFM and AFM accreditation; and
•work/rest time for each day for drivers operating within
the local area zone).
Obtaining records
It is the record keeper’s responsibility to ensure the
driver submits a copy of his or her daily sheet 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 daily sheet and any supplementary records must
go to each record keeper.
Before driving a heavy vehicle 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 28
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 4 nights rest over a 2 week period (including
2 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.
www.ntc.gov.au
What Records You Need to Keep – A Guide for Record Keepers
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;
•keep a spare 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 his or her 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.
Storage of records
All work records, including work diary records, are required
to be kept by the record keeper for 3 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.
www.ntc.gov.au
BFM and AFM accreditation records
If the record keeper is an operator working under either a
BFM or AFM accreditation, he or she also has 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.
Further information
Information on managing fatigue and details of driver,
operator and consignor responsibilities under the new
Heavy Vehicle Driver Fatigue regulations are available online
on the National Transport Commission (NTC) and State
and Territory road transport agency web sites. Two useful
publications are the Guidelines for Managing Heavy Vehicle
Driver Fatigue (2007) and Guidelines for Using Napping to
Prevent Heavy Vehicle Driver Fatigue (2007) available from
the NTC website
www.ntc.gov.au
Disclaimer
This bulletin does not constitute legal advice. Details
are subject to amendment. Check your local legislation
or contact your local road agency if you want more
information.