Do traditional logbooks still cut the mustard?
For years, traditional logbooks have been a fixture in the transport industry. Many of us can recall the square logbooks that often went half-filled or not filled in at all. Back then, a $50 fine for a logbook violation felt like a minor inconvenience. Fast-forward to today, and the situation has escalated — with fines reaching up to $20,000 and four demerit points for a single critical breach.
Across Australia (excluding Western Australia and the Northern Territory), courts are seeing a surge in truck drivers facing fatigue-related charges. Yet, the term “fatigue-related” can be somewhat misleading. The prosecution doesn’t need to prove that fatigue was a factor. Under the Heavy Vehicle National Law (HVNL), a separate charge exists for “Drive whilst fatigued,” which carries a lesser penalty — three demerit points instead of four — but is still highly punitive.
As work diaries and penalties have become more stringent, so too has the legal landscape — both in statute and common law. Several recent court rulings, like Transport for New South Wales v De Paoli Transport Pty Ltd, have raised the bar for compliance, especially for operators and others in the Chain of Responsibility.
The De Paoli Case: Key Lessons for Transport Operators
Justice Cavanagh’s judgment in the De Paoli case has offered vital takeaways for transport operators:
- Systems: Companies must have systems in place to manage risks, and those systems must work. Proactive compliance monitoring is crucial.
- Training: Drivers must be properly trained to complete work diaries and manage fatigue. But it’s not just about the initial training. Continuous monitoring is necessary to ensure compliance. It’s about making a lasting commitment to compliance.
- Risk: There doesn’t need to be a collision or a fatal accident to be convicted of a primary duty offence under the HVNL.
The HVNL also applies to the Master Code, an industry code of practice that defines the primary duties of all parties in the Chain of Responsibility. It’s important to remember that drivers themselves are not responsible parties under the Chain of Responsibility, though they are often seen as “low-hanging fruit” when infractions arise.
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A hypothetical, but common scenario
Imagine a transport company operating 30 B-Doubles on interstate journeys, with drivers sometimes away for weeks at a time. Paid by the kilometre, these drivers are responsible for loading and unloading their own vehicles. The company tracks its fleet using GPS and reviews work diary pages when returned. Drivers primarily operate between Sydney, Melbourne, and Brisbane, often completing a leg per day or night.
Now, imagine one of these drivers is involved in an accident that results in injury or death. The police will seize the driver’s logbook and subpoena GPS data. If discrepancies between the GPS data and the logbook entries are found, the consequences could be severe — potentially even jail time.
In one case handled by Highway Advocates, a regional transport company faced the most severe penalties under the HVNL, including the possibility of multi-million-dollar fines and even imprisonment. Fortunately, in that case, we were able to have the penalties reduced to less than 3 per cent of the maximum.
The charges stemmed from a common scenario in transport companies across Australia, underscoring the importance of robust and proactive compliance systems.
The Expanding Surveillance Network
In 2024, the increasing surveillance network is creating additional burdens for transport companies. Notices to Produce are becoming common, demanding companies identify drivers and submit work diaries for inspection. Often, these notices are issued based on allegations that a vehicle has been detected travelling too quickly between Safe-T-Cam sites, suggesting a possible offence.
Safe-T-Cams, however, are not approved or prescribed devices for detecting average speed, and no specific trip times are legislated or published. Yet, these Notices to Produce are regularly used in what can be described as “fishing expeditions.”
This practice highlights the considerable risks transport companies across Australia face — risks that the NHVR and other prosecuting authorities are magnifying.
The NHVR recently released a report summarising “fatigue/distraction monitoring technologies,” with Continuous Operator Monitoring — Oculomotor Measurements —gaining momentum. These devices, while technologically advanced, remain reactive rather than proactive (search Robert Bell and Seeing Machines online for more thoughts on this technology).
The only viable solution for proactively managing compliance is adopting NHVR-approved Electronic Work Diaries (EWDs) and their associated compliance modules. There are 11 approved EWD systems, each offering similar functionalities designed to help operators stay compliant. We are now looking to partner with an EWD developer who will genuinely engage with the transport industry and the “Industry Insider” behind Highway Advocates and HACS.
Why We Recommend EWDs
At Highway Advocates, we’ve been recommending and using EWDs for nearly four years. These systems have played a key role in the consistently favourable legal outcomes we’ve achieved for our clients. Electronic Work Diaries provide the tools needed for real-time compliance monitoring, significantly reducing the risk of critical breaches.
What next?
Highway Advocates (Consultancy Service) Pty Ltd (HACS) was born out of necessity, just like Highway Advocates (Australia) Pty Ltd, founded by Robert Bell.
Over time, Highway Advocates has become a legal practice leading the way in heavy vehicle law matters.
While Robert remains integral to Highway Advocates, his focus has shifted toward HACS, where he provides services to the transport industry to help them operate smoothly within the ever-tightening enforcement net.
If you’re looking to fully comply with 2024 regulations in your transport operations, contact Robert to see how HACS and an NHVR-approved EWD can help.
Our solutions are designed to be practical, affordable, and compliant, helping keep your business afloat and your drivers on the road — where they belong.
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