Last month, we looked at the 100-plus km radius, and how to work out where that invisible line is. But what happens when you’re inside the 100-plus km radius? Does all that fatigue stuff just get chucked out the window?
I know you probably wish that was the case – however, the rules are still pretty much the same. Completing work inside the 100km radius is commonly referred to as “local work”, but remember, if you’re operating under AFM or BFM, you need to keep your work diary regardless of the radius. This article is more likely to be of interest to those operating under standard hours.
As always, it’s important to remember that understanding and interpreting legislation in the Heavy Vehicle National Law (HVNL) isn’t easy. This article is not intended as legal advice – please seek legal advice if needed.
For drivers of fatigue-regulated heavy vehicles (weighing over 12 tonne, combinations over 12 tonne, or fatigue-regulated buses designed for over 12 adults including the driver), the HVNL fatigue provisions apply.
Despite common misconceptions, when doing “local work” a driver still has obligations to keep records of their work and rest, and this information is required to be kept by the record-keeper. Clause 317 of the HVNL defines who the record-keeper is:
317 Who is a driver’s record keeper
The following person is the record keeper for the driver of a fatigue-regulated heavy vehicle—
(a) if the driver is operating under a BFM accreditation or AFM accreditation of an operator of the vehicle or a work and rest hours exemption (permit) granted in combination with an operator’s BFM accreditation or AFM accreditation—the operator;
(b) otherwise—
i) for an employed driver of a fatigue-regulated heavy vehicle—the driver’s employer; or
ii) for a self-employed driver of a fatigue-regulated heavy vehicle—the driver.
The HVNL covers this record-keeping requirement, firstly in Clause 319, which relates to what information the record-keeper must keep – which is almost identical to the information you will see on a National Driver Work Diary page. In Clause 319A, the driver is required to make those records in some way for the record-keeper. The information the record-keeper is required to keep is as follows:
1. Driver’s name and contact details;
2. Driver’s current driver licence number and jurisdiction where it was issued;
3. Dates when driver drove the fatigue-regulated heavy vehicle on a road;
4. Registration number for the truck being driven (rigid or prime mover rego, not trailers);
5. Total work and rest times on each day the driver drove the truck;
6. Total work and rest times for each week the driver drove the truck;
7. Driver’s rosters and trip schedules, including details of driver change-overs;
8. Driver’s base;
9. If the driver’s base changes, the date it changed; and
10. Copies of payment records for the driver, including time sheet records if the driver is paid according to time at work.
Items 7 through to 10 are records that the driver isn’t required to keep, unless you’re an owner-driver. You can see here that the rest of the information is pretty much the same as what you need to keep in your work diary if you’re working outside the 100km radius.
As a driver, what do you have to do? The HVNL says you must, unless you have a reasonable excuse:
• within 24 hours after the driver stops working, record the information from item 2 up t o and including item 6 on the list above; and
• within 21 days of that day, give the information to the record-keeper.
A professional transport operator will have a daily run sheet for you to complete, capturing the information you need to provide. If they don’t, you might want to ask why, because as a driver, you could be fined for not providing that information.
If your employer doesn’t have a daily run sheet, how can you protect yourself? There are a couple of ways to manage your record keeping for “local work”.
1. Keep a written record. You can find a free weekly template that can help you manage this on knowtheroad.com.au. To be sure your employer receives it (and you have evidence you’ve given it to them) you can take a photo and text it to them, or send a copy by email. Always keep a copy for yourself so you’re covered.
2. Use an electronic work diary (EWD). This tool keeps those records for you automatically, and can allow the record-keeper to access the records when needed. If your employer uses EWDs, I encourage you to use it to record “local work” and rest if operating under standard hours.
3. Use your National Driver Work Diary. This can be a nuisance though, remembering that unless you’re operating under BFM or AFM, you don’t need to use this tool for “local work”.
I hope this article has helped you understand some of your obligations when working inside the 100-plus km radius.
If you’re not sure, reach out to your industry association or contact Know The Road for more information. Know the Road also has a free daily runsheet template to download on their website.