A part time truck driver and part time CFA firefighter was recently in touch with Big Rigs seeking clarity on work diary obligations.
Cade Roberts works for the Allans Flat Fire Brigade (CFA) in north-eastern Victoria. He also does casual truck driving work as well.
Recently the CFA released a new standard operating procedure, including a CFA-specific logbook. “Every time we operate one of the light, medium or heavy tankers, we must fill that out,” said Cade.
“Where it’s created confusion is because I also drive commercial trucks as well. I’m in a brigade of 35 people, and we have about 15 guys who are licenced to drive the vehicles. Myself and two others drive trucks separately so we know the rules. The other 12 are semi-retired so don’t drive trucks elsewhere.
“We are exempt from being pulled over by the NHVR when we’re under emergency conditions, but we’re still responsible. Just because we’re on an emergency doesn’t mean we can fully break rules – for example we can’t run a stop sign. So we drive to the conditions.”
Cade’s concern is around what happens in an emergency situation if he’s run out of hours. “We’ve asked that question at group levels and don’t have a definitive answer. What do we do when run out of hours if we’ve just been putting out fires?” he asked.
“The CFA has said, as a result, we need to have two drivers in the truck, so one can drive for 12 hours, and then the other one can drive. But it is problematic for us.
“While this may work in a metro situation, it is proving to be an issue for regional work.”
Cade is actually a second generation truck driver, who followed his father into the industry. “I’ve come from a transport background but the chain of command is the reason I got out of it about seven years ago. Now I run my own nursery but I drive casually on the weekends for some of the local guys, as well as working with the CFA,” he explained.
“My role in my brigade is first lieutenant. I do rostering of volunteers, so I’m also concerned about how this can all fall back on me under the chain of responsibility.”
The CFA logbook is required to stay within the vehicle, for all drivers of that vehicle to use.
“We’re being told it acts as a legal document when driving the vehicle. Obviously if I’ve been working during the day, I’m not going to go out to a fire at 2am in the morning. But if we get caught up on the way home, then what does that mean?”
Big Rigs approached the National Vehicle Regulator (NHVR) for further detail.
Under the National Heavy Vehicle Volunteer Emergency Services Work Diary and Record Keeping Exemption Notice 2023, drivers of vehicles operating for, or under the direction of an emergency service are exempt from work diary and record keeper requirements.
“An exemption was first introduced to reduce the administrative burden on drivers who rarely operate fatigue-regulated heavy vehicles for non-emergency purposes. It applies to drivers operating under the direction of an emergency service during emergency management activities, such as preparing for, responding to, or recovering from emergencies,” an NHVR spokesperson said.
“Instead of maintaining a standard National Driver Work Diary, drivers record their work and rest hours in an alternative system maintained by their emergency service agency.”
The NHVR shared the table below:
Associated with the exemption notice, the NHVR says a Heavy Vehicle Emergency Service Management Log was developed as an alternative record-keeping system for such activities. “This log is an example and under this notice, drivers’ records need to be maintained in a system developed by the emergency service and under its own standards and procedures.”
The spokesperson continued, “Regarding two work diaries, the exemption does not exclude them from work and rest hours, it exempts them from completing a work diary. Drivers working in both emergency service and commercial trucking roles need to ensure their time operating fatigue-regulated heavy vehicles under either capacity is accurately recorded.”
When driving for commercial purposes, any time spent driving for the emergency service must be included in the driver’s standard National Driver Work Diary.
“In emergency situations, drivers are automatically exempt from fatigue work and diary requirements under Section 356 of the Heavy Vehicle National Law (HVNL). This automatic exemption applies only while actively responding to an emergency, as defined under the HVNL,” added the NHVR spokesperson.
“The exemption and the associated record-keeping system were introduced to address challenges faced by emergency service agencies, particularly for infrequent non-emergency operations. While the exemption does not mandate a specific recording system, it requires that any system used be integrated into the agency’s operational procedures.
“Emergency services have tailored and designed a work log to meet their operational requirements while adhering to these standards. The regulator has worked closely with them to develop these logs.”