The Australian Trucking Association has called on the National Transport Commission to reduce fines for minor fatigue breaches and paperwork mistakes in the planned adjustments to the Heavy Vehicle National Law.
The HVNL has been under review since 2019. In the current exposure draft, there will be reductions to 21 fines, but increases to 50.
“The ATA and its members have argued throughout the review that the fines for minor fatigue breaches and paperwork mistakes are too high,” ATA Chair Mark Parry says.
“These can include a $200 fine for failing to draw a vertical line in a work diary, or a $530 fine for taking a 12-minute rest break instead of 15 minutes.
“There is no connection between minor offences like these and improving safety. In fact, it’s the opposite.
“Imposing high penalties for minor offences means people focus on getting their paperwork right instead of looking after what’s important – getting home safely.”
The reduction in penalties for minor fatigue offences is among the 21 proposed penalty reductions, but Parry says even when reduced the penalties are too dear.
“The NTC reviewed the 349 offences in the law and recommended reducing 21 penalties, including the penalties for minor fatigue offences,” Parry continues.
“The reduced penalties would still be too high, but they would be fairer than the ones we have now.
“Our submission urges transport ministers to agree to the results of the penalties review. In addition, infringement notices for work diary paperwork offences should be reduced from $200 to $150.
“A $150 fine would still be a large penalty for failing to draw a vertical line, but it’s a lot more reasonable than $200.”
In addition to the reduction in minor fatigue and paperwork fines, the ATA is calling for the simplification of a number of key fatigue and travel measures, including for those who have implemented advanced fatigue systems into their operations.
“The hard outer limits in the draft would require 24 operators to restrict their operations,” Parry says. “The change would affect more than 480 drivers who would have to spend more time away from home to do the same work.
“The regulator should be able to set the work and rest hours and split rest rules for the small number of businesses and drivers who work under these advanced systems, often with the use of fatigue detection technology.
“If our recommendation is not adopted, ministers should specify a fatigue risk management standard for the regulator to follow, rather than setting arbitrary limits in the regulations.”
The ATA’s submission also recommends the HVNL review enacts:
- The definition of ‘unfit to drive’ in the exposure draft be rewritten in objective terms
- The fatigue rules for drivers who make trips to and from Western Australia and the Northern Territory be simplified
- Ministers approve codes of practice issued under the law, in line with the approach in the Work Health and Safety Act
- The conflict-of-interest provisions for new appointments to the NHVR board be strengthened.
The view the ATA’s full submission, click here.
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