Nine weeks to CoR commencement – our compliance tips for transport operators – Tip #2

27 April 2018 Topics: Transport and logistics

Nine weeks and counting to CoR changes – Tip #2 for transport and logistics operators

As those in the transport and logistics industry would know, changes to the chain of responsibility provisions in the Heavy Vehicle National Law are expected to commence on 1 July 2018.

That means transport operators now have just nine weeks left to be ready.

This week we are up to the second in our series of ten tips to help with your last-minute preparations.

Tip # 2 – Drivers, fatigue and work diaries – managing the risks

Under the fatigue management provisions of the Heavy Vehicle National Law, drivers of fatigue-regulated heavy vehicles are required to comply with complex rules in relation to keeping work diaries, recording work and rest hours, and counting time (including overlapping periods).

The CoR changes mean that transport operators should have policies, procedures and training in place to ensure that drivers and parties in the chain of responsibility understand their fatigue management obligations. These policies, procedures and training should cover issues such as:

  • when drivers are required to keep a work diary;
  • what information needs to be recorded in work diaries;
  • what amounts to ‘work’ when counting maximum permitted work hours (it’s not just driving a heavy vehicle that counts);
  • when drivers are required to hand in copies of completed work diary pages;
  • who is responsible for monitoring and reviewing drivers’ completed work diaries and following up drivers who have not handed in copies of their work diary pages;
  • what drivers should do if they feel fatigued or unfit for duty;
  • the need for drivers (including drivers of your subcontractors) to report any warnings, infringement notices or court appearance notices they receive relating to fatigue management;
  • what drivers should do if customers’ delivery requirements are unreasonable or impracticable or may require drivers to exceed their maximum permitted work time or fail to have their minimum rest time;
  • what factors schedulers should take into account when putting together rosters and safe driving plans; and
  • the responsibilities of other parties in the chain of responsibility, including loading managers and customers.

If you would like help with developing a fatigue management policy or with understanding your fatigue management obligations, please contact Gillian Bristow (07 3231 2925) or Emily Ng (07 3231 2986).

For those who need a general introduction to the new CoR regime, we are running a one hour webinar on 29 May 2018. All the details are here.

If your directors or managers need their questions answered on the new regime, we are running CoR half day masterclasses in Brisbane during June 2018 – all the details are available here: 6 June 2018 or 13 June 2018

Watch out for tip #3 next week – Reviewing your contracts for CoR compliance.

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This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know.