Fatigue Offences for Truck Drivers in Australia:
What You Need to Know
In Australia, managing fatigue is a serious matter for truck drivers. Long hours on the road and demanding schedules can easily lead to fatigue, which is a major cause of accidents. To keep both truck drivers and other road users safe, the government has put strict fatigue management laws in place. These laws require drivers to take regular breaks and keep accurate records in their work diaries. But despite best efforts, it’s easy to commit a fatigue offence if you don’t follow the rules exactly, or if you make a mistake in your record-keeping.
At Big Rig Law, we understand the pressures that come with driving long distances and managing fatigue. If you’ve been pulled over and/or charged for a fatigue offence, we’re here to help you navigate the legal process. Our team is available to provide advice and legal representation, ensuring that you get the best possible outcome and stay on the road.
What Are Fatigue Offences?
A fatigue offence happens when a truck driver is found to have breached the HVNL fatigue regulations. These rules are in place to ensure that drivers get enough rest during and between shifts and don’t exceed their allowable working hours in a 24-hour period. Under the law, drivers are required to take regular breaks, and these must be accurately recorded in a work diary. The key aspects of the fatigue management rules include:
- Maximum driving hours: Drivers can only work a set number of hours in a day. For example, under standard hours, you can drive for up to 12 hours in a 24-hour period, with specific rest breaks required. Remember, 24-hour periods arent counted from 12.00am to 11:59pm: they commence from the end of any major rest break AND can overlap with another 24-hour period.
- Rest breaks: Drivers must take regular rest breaks, and the length of these breaks depends on the hours they are operating under and how many hours they’ve been driving. For example, on standard hours, after 5 hours and 30 minutes of work, you’re required to take a 30-minute break.
- Work diary: Every driver must keep an accurate log of their driving hours, rest breaks, and total working time if they are travelling more than 100kms from their base. This diary must be presented if requested by an officer.
If you’re found to have breached these rules, whether by driving too long without a break or failing to record your hours correctly, you can be charged with a fatigue or work-diary offence.
Why Do Fatigue Offences Happen?
Fatigue offences are often unintentional and can happen to even the most experienced drivers. Some common reasons why drivers get caught up in fatigue offences include:
- Mistakes in the work diary: Fatigue management laws are complicated, and it’s easy to make mistakes when recording hours. Even a small error in your diary can result in a fine.
- Pressure to meet deadlines: Many drivers are under significant pressure to deliver goods on time, which can sometimes lead to pushing the limits of the law.
- Misunderstanding the rules: The fatigue management laws differ slightly across states and territories, and it can be difficult to keep track of the exact rules when crossing borders.
- Confusion over 24-hour periods: This is a common issue for truckies with a large number of prosecutions boiling down to not understanding how 24-hour periods operate. Pages 21 to 28 of the National Driver Work Diary explains how to count time and provides helpful examples.
- Long hours without rest: It’s not always easy to find a suitable place to stop for a rest, particularly in remote areas. This can lead to drivers unintentionally breaching their required rest times.
At Big Rig Law, we understand these challenges. If you’ve been accused of a fatigue offence, we can help you build a strong defence, and where possible, work to reduce the penalties you’re facing.
What to Do If You’re Pulled Over for a Fatigue Offence
Being pulled over and accused of a fatigue offence can be a stressful experience, but it’s important to stay calm and follow the correct steps. Here’s a protocol to follow if you find yourself in this situation:
1. Stay Calm and Cooperate
When you’re pulled over, the best thing you can do is remain calm and polite with the enforcement officer. Show them your work diary and any other documents they request. Being cooperative helps the situation from escalating unnecessarily.
2. Check the Work Diary Carefully
If the officer flags an issue with your work diary, take the time to check it carefully. Sometimes, mistakes are minor and can be cleared up on the spot. If there’s a discrepancy in your hours or rest breaks, ask the officer to explain where the issue lies.
3. Avoid Admitting Fault
While it’s important to be polite and cooperative, it’s equally important not to admit fault at the roadside. Even if there’s a mistake in your work diary or rest breaks, it’s best to let the legal process play out. You can acknowledge the situation without agreeing that you’ve done something wrong.
4. Document Everything
If you believe the fatigue offence charge is unfair or there’s been a misunderstanding, start documenting the situation immediately. Take photos of your work diary, the location, and any other relevant details. This can help if you decide to dispute the fine later on.
5. Contact Big Rig Law
After being pulled over, contact Big Rig Law for legal advice. We’re here to guide you through the next steps. Whether it’s helping you understand the nature of the offence or preparing a defence, our legal team is here to support you.
Penalties for Fatigue Offences
The penalties for fatigue offences can vary depending on the severity of the breach. Minor breaches might result in a warning or small fine, while more serious breaches can lead to higher fines, loss of demerit points and prosecution. Here’s a breakdown of potential penalties for a solo driver working more than maximum allowed time:
- Minor Risk Breaches: These occur when a driver makes a small error in their work diary or exceeds their hours slightly. Penalties increase in July each year but, as of July 2024, fines for minor breaches start at $530 if dealt with by penalty notice and a maximum penalty of $5,300 if you take it to court.
- Substantial Risk Breaches: The are more serious breaches. Penalties increase in July each year but, as of July 2024, fines start at $800 if dealt with by penalty notice and a maximum penalty of $8,000 if you take it to court.
- Severe Risk Breaches: More serious again, with penalties as of July 2024 being $1,331 if dealt with by penalty notice, up to $13,310 if dealt with at at court PLUS a loss of 3 demerit points.
- Critical Risk Breaches: This is the most serious fatigue breach and is only dealt with by Court Attendance Notice (charges)As of July 2024, the maximum penalty for a critical risk breach is $19,960 PLUS a loss of 4 demerit points.
At Big Rig Law, we specialise in defending drivers against fatigue offences and can help reduce fines and penalties, particularly if the breach was unintentional or the work diary error was minor.
Can You Dispute a Fatigue Offence?
Yes, fatigue offences can be disputed, especially if the breach was minor or there was a valid reason for the error. For example, if you were unable to stop due to a lack of safe rest areas, or if there was a mistake in the way the work diary was interpreted, these factors can be used as part of your defence.
Big Rig Law has extensive experience in defending truck drivers against fatigue charges. We will review your case, check for any errors in the enforcement process, and work to have your fine reduced or dismissed altogether. We know the fatigue management laws inside out, and we’ll fight to protect your rights and your livelihood.
How Big Rig Law Can Help
At Big Rig Law, we’re dedicated to helping truck drivers fight charges for fatigue offences. We are available to provide expert advice and representation, ensuring that you get the best possible outcome. Here’s how we can help:
- Legal Representation: If your case goes to court, we’ll be there to represent you and fight for the best possible outcome, whether that’s reducing fines or getting the charges dismissed.
- Fine Reductions: In many cases, we can negotiate to have your fine reduced, especially if the breach was minor or unintentional.
- Expert Advice: We provide ongoing advice to help you stay compliant with fatigue management laws and avoid future penalties.
Fatigue offences can be a serious issue for truck drivers, but with the right approach and legal support, you can minimise the impact on your career. Following the correct protocol when pulled over and working with a trusted legal team like Big Rig Law can help you avoid hefty fines and keep you on the road.
If you’ve been accused of a fatigue offence, don’t wait. Contact Big Rig Law today for expert legal support and ensure you’re getting the best possible defence.
