Australia: Assessing fitness to drive – some helpful tips

Last Updated: 8 February 2018
Article by Nathan Cecil
Most Read Contributor in Australia, August 2018

The demands on heavy-vehicle drivers can often be significant when they must interact with both the vehicle and the external environment at the same time. In this article, we examine how you can assess a driver's fitness to drive and provide some helpful tips regarding the different approaches.

An element of fatigue compliance under the Heavy Vehicle National Law (HVNL) is making sure that a driver is fit to drive, in the sense of not being adversely affected by fatigue. This obligation may also arise under general Work Health and Safety (WHS) law, as well as an overriding general obligation to ensure the safety of all participants in the road transport industry.

Driver fatigue is a safety hazard. Most people are well aware of the causes of fatigue but sometimes less conscious of the implications. Under the HVNL and WHS laws, all parties in the chain need to take a pro-active approach to managing their responsibilities, including assessing a driver's fitness to drive.

Driver fitness for duty covers:

  • licencing
  • fatigue compliance
  • being drug free and not exceeding any applicable alcohol limits
  • medical fitness.

Factors affecting driving

The National Transport Commission (NTC) recently assisted in the publication of a document "Assessing fitness to drive for commercial and private vehicle drivers". Although the publication is tailored towards health professionals and details medical standards for driver licensing purposes, it is useful for the heavy vehicle industry in understanding the issue.

It identifies a number of complex driver, vehicle, task, organisational and external road environment factors which can affect drivers. These include the driver's experience, training and attitude; the driver's physical and mental health (including fatigue and the effect of prescription and non-prescription drugs); the natural environment; vehicle and equipment characteristics; work-related multitasking and vehicle issues including size, stability and load distribution. In addition, there a number of further commercial considerations for heavy vehicle drivers under the HVNL, which include (but are not limited to):

  • business requirements, for example, rosters (shifts), driver training and contractual demands
  • legal requirements, for example, work diaries and licensing procedures
  • vehicle issues including size, stability and load distribution
  • passenger requirements/issues
  • endurance/fatigue and vigilance demands associated with long periods spent on the road.

One of the most common questions we hear is "how can we test a driver's fitness to drive?"

Unfortunately, the answer is not so simple, because driver fitness can be construed very broadly. Depending on the individual situation, your assessments should generally involve evaluating some or all of the following:

  1. the need for specialised equipment or vehicle modifications
  2. the driver's ability to control the motor vehicle
  3. the driver's functional status including cognitive function, physical strength and skills, reaction time, insight level and ability to self-monitor their driving
  4. the driver's lifestyle and the nature, frequency and requirement for driving
  5. the driver's understanding and application of road laws.

One way to evaluate the above (in particular (a) and (d)) is to have your driver fill in a self-assessment form such as a driver health questionnaire. This will help identify conditions that might affect a person's capacity to drive safely and is a starting point regarding the person's fitness to drive a commercial vehicle until a full clinical examination is performed.

What can you ask your driver?

Short of having a fitness for duty assessment sheet (which we will cover off in the next section), some simple key questions that you can ask your driver before undertaking any work-related tasks include:

  • How are you feeling?
  • Did you have sufficient sleep?
  • When was your last working shift?
  • When is your next working shift?
  • Have you consumed any alcohol in the last 24 hours?

These questions appear obvious but they are often overlooked and can prevent unnecessary accidents/incidents from occurring. As an operator, loading manager, scheduler and consignor, maintaining a good working relationship with your drivers is essential and will help you in complying with your obligations under the HVNL.

What observations should you be making?

Certain drivers will not feel comfortable speaking the truth if they are aware of the ramifications. Therefore, it is also important that you conduct thorough visual observations of drivers from a fatigue perspective. Short of having a health professional on site to conduct a medical exam of the driver's fitness for duty, things to look out for include:

  • Assess the driver's posture while they are standing. If they are slouched and appear without energy, it may suggest that they are not alert and are unfit to drive
  • Look closely at the driver's eyes. Frequent blinking and/or droopy eyelids can suggest a lack of sleep
  • Smell the breath of the driver for any signs of alcohol or drug consumption.

If you have an unfit driver that is involved in an accident, the implications for the driver and the company can be significant, involving not just civil but criminal liability. Therefore, it is essential that companies have adequate systems and procedures in place to monitor, detect and test a driver's fitness to drive.

Finally, drivers themselves should be concerned to ensure that they are fit to drive. Apart from exposing themselves and others to risk of injury, a driver who drives knowing that they are unfit may also expose themselves to penalty or civil liability in the event that an accident occurs.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Nathan Cecil
Similar Articles
Relevancy Powered by MondaqAI
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions