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Part 3 - Safety regulation in the transport industry

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Part 3 of this Information Booklet provides an overview of the key safety requirements in the Victorian transport industry.

3.1. Occupational health and safety laws

The OHS Act sets out the key principles, duties and rights in relation to occupational health and safety in Victoria.

The physical work of an Owner Driver may include loading, unloading, packing, assembling, sorting and using equipment. Hazardous manual handling can lead to injuries or disorders. You may be exposed to the risk of falling from vehicles, loading docks and other elevated areas when loading or unloading. Driver fatigue or ‘drowsy driving’ is also a significant safety hazard for the road transport industry (see 3.5 of this Information Booklet).

If you become aware of a workplace safety issue, firstly discuss the matter with your Hirer to see if the safety problem can be resolved. If the issue remains unresolved, you could seek advice from WorkSafe, your industry association or your union.

Under section 61 of the Act, your Hirer cannot subject you to a detriment because you have drawn attention to a safety problem or you have reported an incident. Refer to 1.8 of this Information Booklet for more details about your rights under the Act. You may also have rights under other State or Commonwealth laws.

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3.2. Transporting dangerous goods and hazardous substances

Under the Dangerous Goods (Transport by Road or Rail) Regulations 2018 (Vic), you need a Dangerous Goods Driver Licence as well as a Dangerous Goods Vehicle Licence if you are transporting:

  • dangerous goods that are in a container with a capacity of more than 500 litres; or
  • more than 500 kilograms of dangerous goods in a container.

Dangerous goods include substances that may be corrosive, flammable, spontaneously combustible, toxic, oxidizing or water-reactive. You can apply for these licences online on the WorkSafe website (www.worksafe.gov.au).

Drivers are prohibited from transporting some classes of dangerous goods on certain routes. The WorkSafe website provides advice on prohibited routes and has links to publications which provide guidance on the transportation of dangerous goods.

The Occupational Health and Safety Regulations 2007 (Vic) also regulate hazardous substances (which are classified on the basis of their immediate and long-term health effects). Many substances may be both hazardous substances and dangerous goods, in which case both sets of laws apply.

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3.3. Heavy Vehicle National Law

Drivers of heavy vehicles must obey the same road rules as other drivers.

Vehicles over 4.5 tonnes GVM are also regulated by the HVN Law.

Under the Chain of Responsibility (CoR) rules, every party in the heavy vehicle supply chain may be liable for HVN Law breaches committed anywhere along the chain.

The NHV Regulator is responsible for heavy vehicle on-road compliance and enforcement services in Victoria.

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3.4. The Victorian Bus and Truck Drivers’ Handbook

The Victorian Bus and Truck Drivers’ Handbook outlines the legal and road safety requirements for drivers of buses and trucks. It helps drivers understand heavy vehicle laws, know what is required by the industry to operate a truck or bus and explains how to gain a licence. The handbook also provides important compliance and enforcement information.

The handbook can be downloaded from the VicRoads website (www.vicroads.gov.au).

The latest version of this handbook is dated January 2015. VicRoads provides a separate link on its website for the most up to date list of accredited training and test providers for heavy vehicles.

More information

Contact VicRoads on 13 11 74 or go to www.vicroads.vic.gov.au.

3.5. Fatigue management

3.5.1. Understanding and managing fatigue

Driver fatigue or ‘drowsy driving’ is a significant safety hazard for the road transport industry. The main causes of fatigue are too little sleep, driving at times when you would normally be asleep and working or being awake for very long hours. HVN Law to combat driver fatigue apply to fatigue-regulated heavy vehicles.

Some of the signs of fatigue include:

  • blurred vision;
  • constant yawning;
  • slow reactions;
  • poor concentration;
  • sore eyes;
  • impatience; and
  • not remembering the last few kilometres of the trip.

3.5.2. Tips for managing fatigue

Develop and apply recognised methods of minimising fatigue on trips including:

  • assess fatigue risks associated with your work;
  • make sure you have undergone training and are informed about fatigue;
  • maintain vehicles to ensure they meet roadworthy standards;
  • minimise driving in low alertness periods (night and early afternoon);
  • work within time limits designed to reduce fatigue; and
  • understand the limitations of temporary measures such as coffee, short breaks and naps to deal with fatigue.

Develop and apply recognised methods of minimising fatigue on trips including:

  • assess fatigue risks associated with your work;
  • make sure you have undergone training and are informed about fatigue;
  • maintain vehicles to ensure they meet roadworthy standards;
  • minimise driving in low alertness periods (night and early afternoon);
  • work within time limits designed to reduce fatigue; and
  • understand the limitations of temporary measures such as coffee, short breaks and naps to deal with fatigue.

Plan your workload by building in time to recover from fatigue, including:

  • plan trips to allow as much sleep at night as possible;
  • build in time to adjust from a return from a break or from day to night driving;
  • schedule trips to allow for adequate rest breaks; and
  • schedule trips allowing for possible delays.

Manage disruptions to schedules by:

  • rescheduling pick-up and delivery times;
  • finding a substitute driver when a long delay extends your working time;
  • adjusting the schedule to get to a good place for rest or sleep;
  • balancing extra working time with a longer break; and
  • balancing any reduction in normal sleep with a longer sleep opportunity in the next period.

Keep basic records for managing fatigue, including:

  • work diaries;
  • records of required health assessments and any training undertaken; and
  • records of any fatigue-related incidents and action taken as a result.

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3.6. New technologies

New and emerging technologies have the potential to significantly improve safety and efficiency in the transport industry.

You may adopt a range of electronic work diaries and speed and mass monitoring devices to improve your productivity and record-keeping. Some systems can even monitor tyre and engine condition to allow for efficient fleet management. There are also electronic stability controls, driver fatigue monitoring systems and adaptive cruise controls. Staying up to date with new technologies can assist you as an Owner Driver to achieve administrative and safety improvements.

With the introduction of Cooperative Intelligent Transport Systems (C-ITS) in Australia, vehicles and surrounding infrastructure will be able to exchange information about the location, speed and direction of other road users. This will improve road safety and has the potential to reduce road congestion and allow for the more efficient movement of road freight.

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