The National Heavy Vehicle Regulator (NHVR) has today announced the approval of an exemption that will allow drivers of fatigue-related heavy vehicles ‘personal use’ on their rest break.
The Personal Use Exemption will be effective from 1 February, allowing operators more flexibility by giving them up to one hour of personal use of their truck outside regulated driving hours.
Under the Exemption drivers must use the time for private or non-commercial activities, including stowing or retrieving personal effects, cleaning a heavy vehicle, refuelling or attending to personal matters.
During a consultation period with the heavy vehicle industry late last year, the NHVR received 60 submissions with more than 90 per cent supporting the more flexible arrangements.
NHVR CEO Sal Petroccitto says that while the exemption allows operators more flexibility for personal use of their vehicle, effective fatigue management is still a drivers’ key responsibility.
“Drivers using the exemption still have a responsibility to manage their own fatigue. It is important drivers do not ignore any signs of fatigue and stop driving if necessary,” Petroccitto said.
The Regulator’s website has also confirmed the exemption only applies to operators under standard hours, not those covered by Basic Fatigue Management (BFM) and Advanced Fatigue Management (AFM).
“The exemption can only be used under standard hours. If additional work time is needed for commercial needs, drivers and operators should apply for fatigue management accreditation,” Petroccitto said.
South Australian Road Transport Association (SARTA) executive officer Steve Shearer has been a vocal supporter of personal use provisions and commends the Regulator on the changes, although he says the exclusion of operators using BFM and AFM highlights a lack of understanding.
“We’ve been pushing for 15 years as an industry for personal use allowances, so we really welcome it,” Shearer said.
“It’s a big improvement for drivers, but we don’t like the idea of excluding BFM and AFM. Our view is that a driver working on AFM or BFM, they generally need to use those hours.
“They’ve got the same needs as a driver on standard hours, and it just shows a complete lack of understanding from the authorities.”
Owner//Driver sought comment on the scope of the exemption from the NHVR, who confirmed current law prevents the exemption from being granted to BFM and AFM drivers.
The regular did however confirm that a future review will look at the provision for BFM and AFM drivers.
“The NHVR will look at this provision as part of a future review of fatigue laws,” a spokesperson said.
For more information on the Personal Use Exemption visit https://www.nhvr.gov.au/safety-accreditation-compliance/fatigue-management/personal-use-of-a-fatigue-regulated-heavy-vehicle