81D   Driver fatigue management plans

(1)  An employer (other than a self-employed carrier) must prepare a driver fatigue management plan for all its employees who are drivers who, in the course of their employment, transport freight long distance.

Maximum penalty: Level 3.

(2)  A head carrier that enters into a contract with a self-employed carrier under which the self-employed carrier undertakes to transport freight long distance must prepare a driver fatigue management plan for all drivers who transport freight long distance under the contract.

Maximum penalty: Level 3.

(3)  A consignor or consignee that enters into a contract with a self-employed carrier under which the self-employed carrier undertakes to transport freight long distance must prepare a driver fatigue management plan for all drivers who transport freight long distance under the contract.

Maximum penalty: Level 3.

(4)  A driver fatigue management plan prepared under this clause must address each of the following matters to the extent to which they may affect driver fatigue:

(a)  trip schedules and driver rosters, taking into account the following:

(i)  times required to perform tasks safely,

(ii)  times actually taken to perform tasks,

(iii)  rest periods required to recover from the fatigue effects of work,

(iv)  the cumulative effects of fatigue over more than one day,

(v)  the effect of the time of day or night on fatigue,

(b)  management practices, including the following:

(i)  methods for assessing the suitability of drivers,

(ii)  systems for reporting hazards and incidents,

(iii)  systems for monitoring driver’s health and safety,

(c)  work environment and amenities,

(d)  training and information about fatigue that is provided to drivers,

(e)  loading and unloading schedules, practices and systems, including queuing practices and systems,

(f)  accidents or mechanical failures.

(5)  A person who is required to prepare a driver fatigue management plan may amend or replace the plan at any time.

(6)  A person who is required to prepare a driver fatigue management plan:

(a)  must consult in accordance with Division 2 of Part 2 of the Act during the preparation of the plan and at each time the person proposes to amend or replace the plan (except if the proposed amendment or replacement would only change the effect of the plan in a minor way), and

(b)  must ensure that the person’s activities are consistent with that plan, and

(c)  must make a copy of the plan available to each driver covered by the plan.

Maximum penalty: Level 1.