26What is fatigue

26 What is fatigue

(1) Fatigue includes for example: (a) feeling sleepy; and (b) feeling physically or mentally tired, weary or drowsy; and (c) feeling exhausted or lacking energy; and (d) behaving in a way that is consistent with paragraph (a), (b) or (c).

Note: Fatigued has a meaning that corresponds to the meaning of fatigue in subsection (1). This is the effect of section 18A (Parts of speech and grammatical forms) of the Acts Interpretation Act 1901 of the Commonwealth.

Drafting note: The above note will need to be changed to refer to the appropriate interpretation legislation of the jurisdiction adopting the model Act.

(2) When deciding whether a driver is fatigued, a court may take into account anything it considers is relevant, including for example: (a) what is commonly understood as being fatigued; and (b) the causes of fatigue; and (c) the signs of fatigue; and (d) the body of fatigue knowledge; and (e) any matter prescribed by the regulations. (3) A cause of fatigue is any factor that causes or contributes to a person’s fatigue while driving a regulated heavy vehicle on a road (whether or not the cause arises while the person is at work).

Note: Examples of causes of fatigue

• physical or mental exertion
• long periods of time awake
• not enough sleep or not enough restorative sleep
• not enough rest breaks
• a person’s circadian rhythm (i.e. the “body clock”)
• environmental stress (e.g. heat, noise, vibrations)
• personal health

(4) A sign of fatigue is a sign that a person was, is, or will be fatigued while driving a regulated heavy vehicle on a road (whether the sign manifests itself before, during or after work).

Note: Examples of signs of fatigue

• a lack of alertness
• an inability to concentrate
• a reduced ability to recognise or respond to external stimuli
• poor judgement or memory
• making more mistakes than usual
• drowsiness, or falling asleep, at work (including micro sleeps)
• finding it difficult to keep the eyes open
• needing more frequent naps than usual
• not feeling refreshed after sleep
• excessive head nodding or yawning
• blurred vision
• mood changes, increased irritability or other changes to the person’s mental health
• changes to the person’s health or fitness

(5) The body of fatigue knowledge includes any accreditation scheme, scientific knowledge or expert opinion, guidelines, standards or other knowledge that is relevant to preventing or managing the exposure of risk of fatigue, either at a workplace or on a road. (6) In proceedings for an offence under this Act, a statement by the complainant that, at a specified time or during a specified period, the complainant observed a specified driver exhibiting specified behaviour is evidence of that. (7) A statement by the complainant is a statement in a complaint or charge made by the person bringing the proceedings.