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By Brad Gardner | May 19, 2010

An owner-driver may lose his livelihood after being caught out by inconsistent fatigue management laws.

Allan Lovett is facing $2,500 in fines and the loss of demerit points after he was recently issued with five fatigue breaches in Victoria despite complying with the laws in NSW.

Unlike Queensland and NSW which count work time from the end of a major rest break, Victoria counts time from any 15 minute interval it chooses, potentially exposing drivers to a litany of breaches.

The 56-year-old road veteran of 35 years had his work diary checked by a NSW enforcement officer before crossing the border, where it was checked by Victoria Police.

“I could lose my licence. If it carries demerit points I will be buggered,” Lovett says of the breaches.

“I had my compulsory break in NSW.”

Lovett says he cannot afford a hefty fine and will fight the breaches when he goes to court in June.

He says he and many drivers are trying to do the right thing but are being exposed by cross-border inconsistencies.

“It’s getting beyond a joke,” he says.

“I’ve been on the road for 35 years and I’ve hardly been pulled up. Since these laws, blokes are getting pulled up left, right and centre.”

INDUSTRY PUSHES FOR CHANGE
A Queensland-based trucking company is currently fighting to have similar breaches overturned.

Its driver was slugged with seven infringements while travelling in Victoria despite meeting his obligations while driving through Queensland and NSW.

The National Transport Commission (NTC) is currently looking at resolving fatigue management inconsistencies, but the Australian Trucking Association wrote to it earlier this month urging the matter be accelerated.

“The ATA and its member entities are very interested in achieving common time counting rules so the industry can have certainty so operators can comply with their fatigue obligations,” ATA Chief Executive Stuart St Clair says.


Have you been stung by inconsistent fatigue management laws? Should Victoria adopt the same rules as Queensland and NSW? Leave your thoughts below or contact Owner/Driver.


COMMENTS (14)
Comment by Unknown
posted 5 months ago
The simple solution is to quit the industry as I did after 15 years. It was doing my head in and family. Or the serve solution is to blockade the Vic border, nothing in or out but that won't happen because the industry and TWU are spineless and money hungry, so nothing will change, drivers are the crap at the bottom of the industry's toilet bowl.
Comment by Unknown
posted 5 months ago
Another inconsistent law is in every state but NSW, if the parking bay you have PLANNED to go into is full and you are at the limit of your hours, you are allowed up to 45 mins extra to find another parking spot, NOT IN NSW. I got booked for going over by 7 mins by going 2km to the next parking bay as the one I PLANNED to go into was full. Oh, and ask the RTA about that and you get told to PLAN your trip. Gee, we all better get crystal balls so we know if the parking bay we PLAN to go into in, oh say 14hrs, is going to be full or not.
Comment by Unknown
posted 5 months ago
Log book laws are getting out of hand. The other week I got booked for, now get this, HAVING TOO MUCH SLEEP. Yeah, that's right. I stopped for a bit of a nap on the Pilliga and instead of having an hour or so I had 4 and a half. That meant I arrived in Rocklea 30 mins late then had 13 hrs away from the truck, but as the Rude Tax Arsehole said, I didnt have 7 hrs continuous rest but instead I had another 6 and a half hrs on top of the first 6 and a half. It's a joke when you are now too scared to stop and have a nap when you get tired as you might get booked. Oh, and the SMART ARSE officer said to me, "I book hundreds of you drivers for doing what you did". I told him "mate what a F_____EN hero you are booking truck drivers for taking a rest. good on you"
Comment by Unknown
posted 8 months ago
Tell the Vic coppers to only count the hours you have done in Victoria as they do not have cross border juristiction on anything you have done outside of Victoria. Also mark the time in your work diary that you cross the border so they have a clear and definitive time frame to work within.
Comment by Unknown
posted 11 months ago
Here is a thought! how about these lawdogs who enforce these rules and laws drive overnight for 3 weeks and actually learn what they try to enforce. Ha, joke hey, yeh they have no idea about any of it anyway, it's the system, i'ts called REVENUE!!!!!
Comment by Unknown
posted 1 year ago
I have started working to the Victorian stanadard of counting hours , it took a bit of understanding but it seems to work ok for me now. I still hope that the states work it out though , so we have a standard across the board to work to.Unfortunatley the log books are here to stay so I think we should get used to it . I am an interstate driver and have no problems doing my job to the rules. You just have to think about what you did yesterday, what your doing today , and what you want to do tomorrow , to keep everything in check. It is a very complicated task for a relativly straight forward job. Thanks, Dave
Comment by Unknown
posted 1 year ago
I got a warning from Vic Cops today for driving 14 hours in 24. The "offence" was committed in NSW and I had a full break before entering Victoria. I have since had my book checked by an RTA officer who says that I did not commit any offence as they count from the end of a minimum 7 hour break. The Vic policeman counted from a 5 hour break. How is it possible to be legal in one state and illegal in another? Crazy laws. I come from Ireland and European fatigue law is consistent across 27 countries! Australia is one country and can't have consistent laws. How can a driver do an honest day's work? Can someone tell me?
Comment by Unknown
posted 1 year ago
Well guys, we have national work diary and national licence. It's about time the states got together to get some uniformity happening. I run up and down the Hume 5-6 times a week. I would be buggered if I had to run anywhere else, with the laws varying. A big problem is the people who make up these laws have more than likely not belted a truck up any road. It makes matters worse when the RTA moves the goal posts as they see fit as the time of the travels on.
Marulan inspectors. We could go on for hours about these issues. I have one more thing, the Wagga City Council is trying to ban trucks from using Tarcutta once the bypass is open. Apart from doing changeovers there, where else do you get a decent meal/smoko than at the Halfway Cafe. The c/over pad cost $6.5m and is able to be made deeper if required. So why should we let this go to waste, we have paid for it, so why not use it. It is off the main thoroughfare, that is what OH&S would like us to do, or we want the Cutta to turn into a ghost town. The people who have businesses are in the same boat as us, there to earn a living and to provide a service to whoever travels through the town. Tarcutta has been a big part of the Hume Highway and don't forget the Truckies Memorial. Is that going to be forgotten about? Let's keep Tarcutta where it is, part of the Hume Highway.
Comment by Unknown
posted 1 year ago
It is about time Australian states stopped revenue raising at the expense of people's lives and also costing the nation as a whole.
It costs the states nothing to put you out of business and onto the dole.
DO AWAY WITH STATES ALTOGETHER. ONE LAW ONE LAND.
Comment by Unknown
posted 1 year ago
I did the B.F.M. course as a requirement by employer and came away thinking what a load of rubbish.
Why?
No piece of paper is going to keep me awake or alive if for whatever reason I may need a rest. So I always say 'your freight is better late than upside down in the ditch'.
Although I've only done a few long hauls, I know you can't just turn yourself off like the truck and sleep. Sometimes you lie there counting the hours until the law allows you to move on but are more fatigued than if you had driven a bit further on, maybe 2, 3 or more hours, and then pulled over to hit the pillow for a good restful sleep.
I have from time to time found myself dropping at the wheel, within the law, and being wise enough to pull over, falling fast asleep for maybe an hour, waking up and feeling as if I'd just had 10 hours.
That's what gets me home safely, not your stupid bloody log books.

Rodger Moir,
Melbourne,
25 years at the wheel
Comment by Unknown
posted 1 year ago
Take the laws out of state hands, and make safety the platform rather than revenue raising in drag....
Comment by Unknown
posted 1 year ago
How about the Victorian standard is adopted Australia-wide then? Anybody dare to support that?
Comment by Unknown
posted 1 year ago
The laws must be consistent Australia wide to stop any kind of confusion.
Comment by Unknown
posted 1 year ago
Yes I too have been caught with 3 infringements and think its a joke as we have national log books national licences but still have state laws lets get it right one law for all states that are easy for all to understand.

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