On 10 February this year the National Heavy Vehicle Regulator (NHVR) published a “Case Learnings” from a recent court case that highlights some reasonably practicable measures that transport operations can put in place and guidance for Schedulers, Operators and Employers (link).
From the NHVR:

This case provides eight reasonably practicable measures schedulers can take to reduce or minimise the risks associated with scheduling heavy vehicles, including: 

1. Asking drivers if they have secondary employment that may impact their levels of fatigue; 

2. Preparing safe driving plans with scheduled break and rest locations; 

3. Verifying driver’s fitness to drive prior to each trip; 

4. Be mindful of drivers returning to work from leave when scheduling their driving shifts; 

5. Factor in delays encountered by drivers when scheduling; 

6. Proactively monitor driver’s compliance with their work and rest hours; 

7. Use a GPS system to confirm actual driver work hours; 

8. Ensure drivers have correctly calculated their work  and rest hours and filled in their driver work diaries  correctly prior to scheduling trips. 

‍

The case additionally provides eight reasonably practicable measures operators of heavy vehicles and employers of heavy vehicle drivers can take: 

1. Continual assessment and review of risks within  their transport operations; 

2. Verifying drivers have current and valid licenses; 

3. Implement safe driving plans for drivers; 

4. Ensure driver fitness is verified by a supervisor before each shift; 

5. Use all available information to ensure drivers are not speeding; 

6. Use all available information to make sure drivers are not driving in breach of their work and rest  hours; 

7. Making sure drivers report all notices issued to them  by road and transport authorities; 

8. Provide regular training to drivers about fatigue,  work and rest hours, filling in work diaries and all  company policies and procedures.  

‍

These practicable measures are examples of potential controls that can be implemented and should be read in conjunction with those outlined in the registered industry Master Code.

‍

It is important to remember that the Heavy Vehicle National Law (HVNL) contains section 632A   Using code of practice in proceeding where a registered industry code of practice is admissible as evidence of whether or not a duty or obligation under the Law has been complied with, further, the court may have regard to the code as evidence of what is known about a hazard or risk, risk assessment, or risk control, to which the code relates, and rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.

‍