An Orange solicitor who represents truck drivers in court is encouraging them to make use of an app called Logbook Checker due to the high number of drivers continuing to be charged with fatigue-related offences.
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Under Heavy Vehicle National Law, truck drivers who breach work and rest times can be fined up to $10,790 for severe risk and lose three points from their licence, or $16,190 and lose four points for critical risk.
The issue was raised in Orange Local Court on Monday when two drivers were given bonds without convictions, for driving more than the 12 hours in a 24-hour period, due to a misunderstanding of how the times are counted.
One driver, a 40-year-old man from Londonderry, NSW, drove for a total of 13-and-a-half hours in a 24-hour period starting at 10.15am after mistakenly thinking his 24-hour period restarted after a seven-hour rest break
The other driver, a 38-year-old man from Koonawarra, NSW, drove for 14 hours and 15 minutes between the hours of 7am and 6.18am but he thought he was right to drive because he drove for less than 12 hours between midnight and midnight on the first day.
Neither driver had previous heavy vehicle infringements and Kim Rickard who represented the Roads and Maritime Services in court acknowledged that the system was complicated.
“In the circumstances in terms of overlapping 24-hour periods, drivers are of the mistaken belief that it’s two overlapping 24-hour periods,” Mr Rickard said.
Both drivers were represented by Orange-based solicitor David King from Road Transport Lawyers.
Mr King represents about 10 truck drivers each month for similar breaches and said the Logbook Checker app could simplify and help them complete their work diary and get the times right.
He said heavy vehicle drivers can drive for up to 12 hours, with rest breaks, in a 24-hour period or 14 hours in a 24-hour period if they, and the company they work for, have basic fatigue management accreditation.
“A mistaken belief a lot of drivers are operating under is that when they have a major rest break of five hours or more that restarts the 24-hour period and that’s not the case, there’s three overlapping 24-hour work phases,” Mr King said.
“I’ve been doing this for 10 years in this area and at least 40 per cent [of truck drivers] are illiterate or have difficulty with comprehension.
“[The issue] is not going away, it’s getting worse because we have more and more truck drivers needed every week and every month because of increasing demand in the industry.” He said the app allows drivers to input their journey and timeframes and receive alerts for rest breaks.
