Frequently Asked Questions (Issue 105)

By on August 6, 2019

Created for communicating to readers; questions being asked by members to the Secretariat.

I am driving a heavy vehicle within 100km of my base, does my employer still need to keep driving hour records?

Under the Heavy Vehicle National Law, local area work is called 100km work.

A driver who is on a journey entirely within a 100km radius from their driver base, is not required by law to record activities in a work diary unless they are working under fatigue management accreditation/exemptions. The employer is responsible for keeping these records.

Drivers working within 100km radius of their base must still meet the maximum work and minimum rest requirements for their work and rest hour options.

Reference: https://www.nhvr.gov.au

Note: the CMPA On-Road Truck Pickup and Delivery checklist book has now been modified to allow for recording of rest hours.

As a loading manager, can I get in trouble if one of the trucks we load gets caught speeding?

In most circumstances you don’t have any control or influence over what happens when your goods leave your property, and you will not be liable if your conduct did not encourage or cause the speeding.

You must avoid asking your transporter to deliver your goods within a time frame that requires the driver to speed to get there on time.

You should ask your transporter to arrive with enough time to load the vehicle, and drive to its destination legally and safely, factoring in unplanned delays. To assist, make sure your goods are ready to be picked up, and if for any reason you will be delayed, let your transporter know as soon as you can.

Reference: https://www.nhvr.gov.au

About Gavin Moreira

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