Transport bosses have welcomed proposed reductions to some driver penalties under the new-look Heavy Vehicle National Law (HVNL) – but two we spoke to were adamant they don’t go far enough.
After a review of 349 offences, the National Transport Commission is recommending to transport ministers that there be 50 penalties increased and 21 reduced as part of delivering a HVNL that is more risk-based and “proportionate” to harm.
For example, the NTC proposes that the maximum penalty for a minor fatigue breach for a solo driver operating under standard hours should decrease from $5300 to $3980. The infringement notice amount would decrease from $530 to $398.
The penalty for failing to record information immediately after starting work would fall from $8000 to $5300. The infringement notice amount would fall from $800 to $530.
Proposed increases include a jump from $8000 to $26,610 (indexed) for the offence of Duty of driver to avoid driving while fatigued, and an increase of $13,310 to $26,610 for false or misleading work diary entries.
There is also a proposed new penalty of $26,610 for the offence of Duty of Driver to avoid driving while fatigued.
In his summary of the proposed changes, South Australian Road Transport Association (SARTA) executive officer Steve Shearer said that officials and agencies are displaying an “abject refusal to budge significantly”.
“Any penalty that ‘takes’ the bulk of a heavy vehicle driver’s weekly wage must relate to very serious safety breaches and not to any form of administrative or clerical breaching,” Shearer said.
“The proposed amended penalties, whilst better, still essentially take a sledgehammer to a walnut.”
Shearer said overall, the proposed fines are still “oppressive” for drivers.
“While I doubt they would consider it, reducing each category for fatigue offences would be sensible as the bulk of fines end up around the $2000 to $3000 mark anyway.
“The five-times multiplier for corporate entities is also oppressive and should only be reserved for the most serious deliberate breaches or gross negligence.”
Shearer said SARTA would also like to see that all minor breach offences treated as expiation only.
“Pretty much all the low-end offences with fines around $3770 should be expiation only.”
He also called for a reduction in demerit point penalties along the lines of 3 points for a ‘critical’ breach, 2 for ‘severe’ and 1 point for a ‘substantial’.
“If there is no conviction recorded on a guilty plea then there should be no demerits imposed.”
Shearer said all technical/administrative /clerical work diary breaches should be dealt with using warnings and education, with a second “strike” resulting in expiation and a third, a court summons.
Queensland Trucking Association CEO Gary Mahon said it was difficult to comprehend the proposed penalties when compared to other industries.
“Where your people make an error, particularly an administrative error, and pay such substantial penalties,” Mahon said.
“Sure, it’s a [proposed] reduction, and that’s better than no action at all. But there are still a comprehensive suite of penalties at fairly significant levels.
“You would feel a lot more reassured if the penalties just related to actual fatigue, non-compliances and administrative matters dealt with in some other way.”
To highlight what he sees as an unfair industry penalty bias, Mahon cites the example of a motorist who might be fined $500 for driving unlicenced and over the limit.
“Yet someone can miss something of an administrative nature in a logbook and pay more than $1000.
“That imbalance is still very evident, and one way to eliminate it, which would not be unreasonable, is that penalties should only apply if it’s actually a matter to do with fatigue.
“If it’s a matter to do with administration, it should be dealt with in some other way, because the penalties in place are still disproportionate for the nature of the offence being committed.”
Mahon said the QTA regularly sees younger people, or new entrants come into the industry and depart “fairly quickly” because they don’t like the fine threat hanging over their heads.
“It’s not that they’re looking to break the law. It’s just they get concerned that if they inadvertently make an error, it can be a week’s pay, easily.”
Australian Trucking Association CEO Mathew Munro said the very high penalties for minor breaches of the fatigue rules do not make roads safer.
“Instead, they are unfair and discourage good drivers from participating in our industry,” Munro said.
“The NTC is proposing a sensible rebalancing of penalties across the law. Penalties for minor, often inadvertent, offences would be reduced, while penalties for deliberate offences, such as deception, would be increased.”
Munro said it is refreshing to see proposals for relief.
“In combination with greater use of formal warnings and fatigue education, fairer penalties would be an important step in the right direction.”
Glyn Castanelli, president of the National Road Freighters Association, also believes the proposed changes are a step in the right direction for drivers.
“The biggest benefit, which is unwritten here, is that more of the law is moving into regulation which will be easier for us to alter and change, and for the regulator to be able to alter and change.”
Consultations on the proposed penalties and the draft legislation close on November 21.
To have your say, upload your submission through the NTC homepage under ‘Have your say’, or by emailing hvnlteam@ntc.gov.au.
In its supporting consultation summary notes, the NTC noted that transport ministers last month endorsed 12 recommendations that included updates to fatigue record-keeping and enforcement.
Ministers agreed that authorised officers would be able to issue formal warnings for a broader range of breaches, including fatigue record-keeping.
“This change aims to make the law fairer on drivers for minor work diary errors,” the NTC said.
The new HVNL will also include “formal education” as an enforcement option for work diary administrative offences.
“This work will be progressed separately and isn’t included in this public consultation draft.”
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