At the National Heavy Vehicle Regulator (NHVR), we are steadfast in our commitment to working collaboratively with industry partners to enhance education and address areas of concern identified through intelligence and risk analysis.
Earlier this year, an extensive NHVR compliance operation focusing on the bus industry highlighted the need for further support in addressing critical safety risks.
These risks, such as driver fatigue, vehicle maintenance, and compliance with safety protocols, have the potential to lead to catastrophic outcomes if not properly managed.
Operation Solstice, prompted by an increase in tragic bus crashes, uncovered areas requiring immediate attention.
Since then, the NHVR has been collaborating with the Bus Industry Confederation on new education pieces to enhance industry awareness and compliance.
Fatigue management
There are several key things to remember when managing fatigue under the requirements of the Heavy Vehicle National Law (HVNL).
For buses with a GVM over 4.5 tonnes, operators and related parties fall under Chain of Responsibility (CoR) provisions and must implement systems to effectively manage fatigue risks.
This means having robust systems in place to identify, monitor, and control fatigue risks, rather than simply adhering to work and rest hour minimums, which alone do not guarantee fitness to drive.
When transport services are subcontracted, CoR obligations remain with the original parties. It’s crucial to understand these continuing obligations and confirm compliance when subcontracting.
Work and rest hour limits apply to more than driving – it also includes other tasks such as loading luggage and attending to passengers.
Additionally, ensure secondary employment does not undermine fatigue management measures, and regularly review fatigue requirements to remain up to date.
Managing fatigue is a shared responsibility, with the safety of drivers, passengers, and other road users depending on collective efforts to minimise risks.
While fatigue management is critical, safety does not end there.
Mechanical safety
The mechanical condition of buses is also vital to preventing incidents.
Bus drivers and operators are reminded to diligently complete pre-departure and post-departure safety checks.
These checks include ensuring that seat belts (where fitted) are functional and accessible, and loose items within the vehicle are secured to prevent hazards during motion.
Key mechanical components, such as brakes, tyres, and lights, should also be in optimal working condition. Ensure vehicle warning/malfunction lamps are not illuminated, and check that there are no obvious fluid leaks.
These actions, while simple, represent a proactive commitment to safety and compliance and protect not only passengers but also other road users.
Roadside inspections – what to expect
NHVR Safety and Compliance Officers (SCOs) may conduct roadside inspections to identify defects or compliance issues on buses.
If a bus carrying children or other passengers is found to have a defect or be non-compliant (e.g. the driver hasn’t correctly filled out a work diary), SCOs may take a number of different actions depending on the seriousness of the issue.
This could include allowing the journey to continue if the defect doesn’t pose an immediate safety risk or working with the operator to arrange alternative safe transport for passengers (e.g. with another bus or operator), if the defect or compliance issue poses a serious risk.
The NHVR will not allow unsafe vehicles or drivers to transport passengers, but officers will work with the driver/operator to minimise disruption and ensure everyone is transferred safely.
Countless Australians rely on buses daily to reach their destinations.
It’s why maintaining high safety standards, especially in critical industries such as passenger transport, is a non-negotiable responsibility.
Operating heavy vehicles, including buses filled with passengers, is a challenging task, and we know the majority of operators and drivers do the right thing.
At the NHVR, our ultimate goal is to improve safety for all heavy vehicle operations and ensure every passenger and driver reaches their destination safely.
Paul Salvati is the Chief Operations Officer for the National Heavy Vehicle Regulator.
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