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Name of Regulations
1 Name of Regulations
These Regulations are the National Transport Commission (Model Legislation—Heavy Vehicle Driver Fatigue) Regulations 2007.
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Commonwealth legislation
This model law provides nationally consistent rules to manage fatigue for heavy truck and bus drivers, setting maximum work hours, minimum rest, mandatory work diaries, and penalties for breaches. It creates a "chain of responsibility" so employers, schedulers, consignors and others can be held liable, and offers three compliance tiers (Standard, BFM, AFM) with accreditation-based flexibility.
It affects drivers, operators and supply‑chain parties and aims to reduce fatigue-related crashes while allowing accredited operators managed flexibility.
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Direct links to the current provisions in National Transport Commission (Model Legislation - Heavy Vehicle Driver Fatigue) Regulations 2007.
These Regulations are the National Transport Commission (Model Legislation—Heavy Vehicle Driver Fatigue) Regulations 2007.
These Regulations commence on the day after they are registered.
For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out model legislation, in the form of a Bill for an Act, about heavy vehicle driver fatigue.
Note 1: The model legislation set out in Schedule 1 does not have the force of law—see paragraph 7(2)(a) of the NTC Act.
Note 2: These Regulations must be made in accordance with the Agreement—see subparagraph 3(b)(ii) of the NTC Act.
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.
Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.
Note 5: The text set out in Schedule 1 is that of a draft Bill prepared for the National Transport Commission and approved by the Australian Transport Council on 14 February 2007, but never actually enacted.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the National Transport Commission (Model Legislation—Heavy Vehicle Driver Fatigue) Regulations 2007.
These Regulations commence on the day after they are registered.
For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out model legislation, in the form of a Bill for an Act, about heavy vehicle driver fatigue.
Note 1: The model legislation set out in Schedule 1 does not have the force of law—see paragraph 7(2)(a) of the NTC Act.
Note 2: These Regulations must be made in accordance with the Agreement—see subparagraph 3(b)(ii) of the NTC Act.
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.
Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.
Note 5: The text set out in Schedule 1 is that of a draft Bill prepared for the National Transport Commission and approved by the Australian Transport Council on 14 February 2007, but never actually enacted.
A Bill for an Act to provide in relation to heavy vehicle driver fatigue as part of a system of nationally consistent road transport laws
Enacting formula
This Act is the Road Transport—Heavy Vehicle Driver Fatigue Act 2006.
(1) Section 1 and this section commence on gazettal. (2) The remaining provisions of this Act commences on a day or days specified by the Minister by notice in the Gazette.
The main purpose of this Act is to provide for the safe management of the fatigue of drivers of regulated heavy vehicles while they are driving on a road.
(1) This Act applies to: (a) drivers of regulated heavy vehicles; and (b) certain persons whose activities influence the conduct of drivers of regulated heavy vehicles in such a way as to affect the drivers’ fatigue when driving on a road.
Note: Examples of subsection (1)(b)
• employers and prime contractors of drivers of regulated heavy vehicles
• operators of regulated heavy vehicles
• persons who schedule goods or passengers for transport by regulated heavy vehicles or who schedule drivers of regulated heavy vehicles
• consignors and consignees of goods for transport by regulated heavy vehicles
• loaders and unloaders of goods for transport by regulated heavy vehicles
• persons who manage or operate premises where regulated heavy vehicles are loaded or unloaded or who supervise the activities of loaders and unloaders
Note: It is the performance of any these functions, whether exclusively or occasionally, that determines whether a person falls within any of these definitions, rather than their job title or contractual description.
(2) This Act, in Part 2 (Duties relating to fatigue), provides for general duties to avoid or prevent drivers from driving regulated heavy vehicles on a road while they are impaired by fatigue and for extra duties on certain parties in the chain of responsibility to do certain things to help drivers to comply with this Act. (3) This Act, in Part 3 (Duties relating to work and rest times), provides for 3 work/rest hours options for drivers, namely: (a) the standard hours for drivers (i.e. the standard work and rest times); and (b) the basic fatigue management scheme (the BFM scheme); and (c) the advanced fatigue management scheme (the AFM scheme); and provides that parties in the chain of responsibility are liable for ensuring the driver complies with his or her relevant work/rest hours option. (4) This Act, in Part 4 (Duties relating to record keeping), provides for recording the work and rest times of drivers (amongst other things). (6) This Act, in Part 5 (Accreditation and exemptions), enables an operator to seek accreditation and a driver, employer, prime contractor or operator to seek an exemption from various requirements of this Act.
(1) The dictionary at the end of this Act defines certain words and expressions, and includes references to certain words and expressions that are defined elsewhere in this Act (signpost definitions).
Note: Example: The signpost definition ‘regulated heavy vehicle—see section 10(1)’ means that the expression regulated heavy vehicle is defined in section 10(1).
Note: The dictionary includes a signpost definition for a word or expression only if the word or expression is used in more than 1 section.
(2) The dictionary is part of this Act. (3) A definition in this Act applies to each use of the word or expression in this Act, unless the contrary intention appears. (4) An expression used in this Act that is also used (whether or not defined) in the C & E Act has, unless the contrary intention appears, the same meaning in this Act as in that Act.
(1) An example in this Act is part of this Act. (2) If this Act includes an example of the operation of a provision of the Act: (a) the example is not exhaustive; and (b) the example does not limit, but may extend, the meaning of the provision.
A note in this Act is explanatory and is not part of the Act.
Drafting note: The interpretation legislation of some jurisdictions may already make provision for examples and notes consistent with sections 6 and 7.
(1) This Act is to be read as one with the C & E Act. (2) For the purposes of the C & E Act, this Act is to be taken to be a road law. (3) Any provision of the C & E Act that is relevant to complying with or enforcing a road law or that Act applies in relation to this Act unless the provision is only able to be applied in relation to a breach of a mass, dimension or load restraint requirement under that Act.
Note: Example: Section 185 of the C & E Act makes void any term of a contract or agreement that purports to exclude, limit or modify the operation of that Act. This provision is able to be applied in relation to breaches other than breaches of a mass, dimension or load restraint requirement and therefore under this subsection it also applies in relation to this Act.
(4) The regulations may make further provision about the application of provisions of the C & E Act to this Act.
Nothing in this Act abrogates a provision of another law or legal instrument to the extent that the law or legal instrument is not inconsistent with this Act.
Note: Examples of another law or legal instrument
• another law relating to fatigue or work/rest hours
• an industrial award that provides for fatigue management or sets out agreed work/rest hours
• a contract that provides for fatigue management or sets out agreed work/rest hours
(1) A regulated heavy vehicle is: (a) a heavy truck; or (b) a bus.
Note: A regulated heavy vehicle is a sub‑category of heavy vehicle as defined in the C & E Act.
(2) A heavy truck is: (a) a motor vehicle (except a bus or tram) with a GVM over 12 tonnes; or (b) a motor vehicle (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 12 tonnes. (3) A bus is a motor vehicle built mainly to carry people that seats over 12 adults (including the driver). (4) A regulated heavy vehicle does not include: (a) plant; or (b) a motor home. (5) Plant is a motor vehicle that: (a) is built, or permanently modified, primarily to operate as a machine or implement: (i) off‑road; or (ii) on a road‑related area; or (iii) on an area of road that is under construction; and (b) is not capable of carrying goods or passengers by road.
Note: Example of what is plant
Note: An agricultural machine, backhoe, bulldozer, excavator, forklift, front‑end loader, grader, tractor or a motor vehicle that is registered as a type P plant‑based special purpose vehicle.
Note: Example of what is not plant
Note: A truck‑mounted crane or truck‑mounted drilling rig.
(6) A motor home is a rigid or articulated motor vehicle or combination that is built, or permanently modified, primarily for residential purposes, but does not include a motor vehicle only because it is constructed with a sleeper berth.
Drafting note: Implementing jurisdictions may vary the definition of regulated heavy vehicle to apply more broadly than provided for in this model legislation.
(1) A reference to a driver is a reference to the driver of a regulated heavy vehicle and includes an employed driver and a self‑employed driver.
Note: Driver is defined in the C & E Act.
(2) An employed driver is a driver who is employed by someone else to drive a regulated heavy vehicle. (3) A driver who is not an employed driver but is driving a regulated heavy vehicle is a self‑employed driver.
(1) These people are parties in the chain of responsibility in relation to a regulated heavy vehicle: (a) the employer of the driver of the vehicle; and (b) the prime contractor of the driver; and (c) the operator of the vehicle; and (d) the scheduler of goods or passengers for transport by the vehicle, and the scheduler of its driver; and (e) the consignor of goods for transport by the vehicle; and (f) the consignee of goods for transport by the vehicle; and (g) the loading manager of goods for transport by the vehicle; and (h) the loader of goods on to the vehicle; and (i) the unloader of goods from the vehicle.
Note: It is the performance of any these functions, whether exclusively or occasionally, that determines whether a person falls within any of these definitions, rather than their job title or contractual description.
(2) A person may be a party in the chain of responsibility in more than 1 capacity.
Note: Example: A person may be an employer, operator and consignor at the same time in relation to a driver and be subject to duties in each of the capacities.
Note: Section 147 of the C & E Act also provides that a person may be liable for a breach in one or more capacities under the chain of responsibility.
An employer is a person who engages someone else to drive a regulated heavy vehicle under a contract of employment, apprenticeship or training.
Note: Example of an employer
Note: A labour hire company.
A prime contractor is a person who engages someone else to drive a regulated heavy vehicle under a contract for services.
Note: Example of a prime contractor
Note: A logistics business that engages a subcontractor to transport goods.
(1) An operator of a regulated heavy vehicle is a person who is responsible for controlling or directing the operations of: (a) in the case of a vehicle (including a vehicle in a combination)—the vehicle; or (b) in the case of a combination—the towing vehicle in the combination. (2) A person is not an operator merely because: (a) the person owns a vehicle or combination; or (b) the person drives a vehicle or combination; or (c) the person maintains, or arranges for the maintenance of, a vehicle or combination; or (d) the person arranges for the registration of a vehicle.
A scheduler is: (a) a person who schedules a driver’s work or rest time; or (b) a person who schedules the transport of passengers or goods by road; or (c) a person who makes a demand that affects a time in a schedule.
Note: Example of a person who makes a demand that affects a time in a schedule
Note: The distribution manager for a retail chain or a loading agent or freight forwarder who sets a deadline for a delivery.
Note: Example of a person who does not make a demand that affects a time in a schedule
Note: A person who has arranged for goods to be couriered by a transport company as a ‘part load’ who has no control over the deadline for the delivery of the goods.
A consignor of goods is: (a) a person who, with that person’s authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road; or (b) a person who engages an operator of a vehicle or combination, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or (c) a person who has possession of, or control over, the goods immediately before the goods are transported by road; or (d) a person who loads a vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is unattended (except by a driver of the vehicle, a trainee driver or any person necessary for the normal operation of the vehicle) during loading; or (e) if paragraphs (a) to (d) do not apply to the person or anyone else, and the goods are imported into Australia—a person who imports the goods.
A consignee of goods is: (a) a person who, with that person’s authority, is named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the transport of the goods by road; or (b) a person who actually receives the goods after completion of their transport by road; but does not include a person who merely unloads the goods.
A loading manager is: (a) a person who manages, or is responsible for the operation of, a site or premises where regulated heavy vehicles are loaded or unloaded; or (b) a person who supervises, manages or controls any activity undertaken by a loader or unloader.
Note: Examples of a loading manager
Note: A company that runs, or a site manager for, a distribution centre.
A loader of goods is: (a) a person who loads a vehicle or combination with goods for transport by road; or (b) a person who loads a vehicle or combination with a freight container (whether or not containing goods) for transport by road; or (c) without limiting the above, a person who loads a freight container already in or on a vehicle or combination with goods for transport by road; or (d) a person who supervises an activity mentioned in paragraph (a), (b) or (c); or (e) a person who manages or controls an activity mentioned in paragraph (a), (b), (c) or (d).
An unloader of goods is: (a) a person who unloads a vehicle or combination with goods for transport by road; or (b) a person who unloads a vehicle or combination with a freight container (whether or not containing goods) for transport by road; or (c) without limiting the above, a person who unloads a freight container already in or on a vehicle or combination with goods for transport by road; or (d) a person who supervises an activity mentioned in paragraph (a), (b) or (c); or (e) a person who manages or controls an activity mentioned in paragraph (a), (b), (c) or (d).
Drafting note: Several of these definitions are exactly
This is an opening excerpt, not the complete document.