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Developments in trucking laws: Fatigue risk management

The National Heavy Vehicle Regulator (NVHR) is calling for more flexibility in fatigue rules in its submission to the Heavy Vehicle National Law (HVNL) review being conducted by the National Transport Commission.

The implementation of the submission would allow operators with demonstrably robust fatigue management systems more flexibility to manage fatigue risks.

This could mean a change in framework and culture surrounding fatigue management, allowing it to expand from basic prescriptive work and rest hours.

Dr Adam Fletcher said, “Fatigue management is about much more than work hours and sleep. It also relates to workload, individual factors including health and sleep timing preferences, and the ability for drivers to be flexible when they feel it is safer…This development reflects a closer alignment with the point I have made publicly and with regulators for many years.”

NHVR CEO, Sal Petroccitto said, “the NHVR believes that prescriptive work and rest hours should still play a role in providing a minimum ‘safe harbour’ for drivers, but that a multi-tiered approach to fatigue risk management would allow flexibility for operators who take up additional, new or innovative safety practices.”

Current laws reduced fatigue-related crashes between 2003 and 2009, but “the rate of heavy vehicle crashes caused by driver fatigue” has been stable since then. An expansion in the scope of fatigue management to include factors like workload, health, and driver autonomy could bring the rate of fatigue-related crashes down further.

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