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What are Fatigue Management Exemptions?

What are Fatigue Management Exemptions? | Burleigh Driver Training
Fatigue management exemptions are permits and notices that allows drivers and operators to apply for work and rest hours, work diary and record keeping exemptions – If found that they are not able to abide the legislated fatigue management requirements.

With these opportunities both drivers and operators under the fatigue management exemptions can use alternative methods on how to comply to the objectives of the NHVR, while also maintaining a high level of road safety.

All applicants must provide all the supporting information requested when they are about to submit their application. NHVR has a strict protocol in concern with the fatigue management exemption.

If you’d like to apply for the fatigue management exemptions, here are the guides of the National Heavy Vehicle Regulator.

1. Work and Rest Hours

Both drivers and operators of fatigue-related heavy vehicles can be provided with work and rest hours’ exemptions if they are looking to maximize their work times and minimize their rest times as prescribed by the Heavy Vehicle National Law.All applicants are required to show that Advanced Fatigue Management or Basic Fatigue Management are not appropriate and that the proposed limits are safe.

Safety cases are needed in the application process. This allows NHVR (National Heavy Vehicle Regulator) to assess that the proposed alternative work and rest hours are fully supported by a demanding fatigue management safety system that includes risk analysis and mitigation plans.

All applications are assessed by the NHVR in determining fatigue risk levels and if the appropriate safety management systems are functioning and in order. In the process of the proposed safety countermeasures, Fatigue Expert Reference Group (FERG) helps the NHVR.

2. Fatigue Record Keeping Exemption

In order to help drivers achieve their obligations to manage driver fatigue, meeting chain of responsibilities, and ensure and monitor driver activities,  the NHVR sets out several record keeping obligations on record keepers for the fatigue-regulated heavy vehicles.

In the case that record keeping can become extremely difficult to comply with or can result with multiple systems of keeping records (for different legislative obligations), operators can apply for a permit that exempts them from recording fatigue from the National Heavy Vehicle Regulator (NHVR).

In order to apply for a fatigue record exemption permit, you are required to submit an establish work diary or a record keeping exemption permit to the NHVR. The application should include the operator’s details, description of the proposed record keeping arrangements and a list of drivers that contains names and details who would be working under the record keeping exemption if the permit is granted.

3. Work Diary Exemption 

There will be special circumstances that drivers may have literacy and print media impairment which makes it a challenge for them to use their National Driver Work Diary. In these circumstances, drivers or in some cases, operators that are acting in their behalf, may apply to the National Heavy Vehicle Regulator for a permit on work diary exemption. This certain exemption allows drivers to nominate other ways to record their work and rest details. These details can then be transcribed by a person the driver would nominate. This work diary exemption permit must be carried by the driver at all times.

The application of work diary or record keeping exemption must include a letter from a competent person detailing the reason why the driver is applying for this permit – level of literacy skills and print media impairment, example. The competent person can be:

  • A speech pathologist

  • A psychologist

  • A Literacy, language and numeracy practitioner

  • A doctor

A person who is qualified and able to assess the driver’s English literacy

The application form includes:

  • Time frame you want for the exemption

  • Name of the driver

  • Exemption conditions (alternative methods of keeping records and transcribing it into a work diary)

  • Name of the nominated person (a person who agrees to transcribe the work diary on the driver’s behalf)

If the exemption or permit is granted, the nominated person to record is required legally to make the written work records of the driver. The NHVR then would then contact the nominated person to confirm that they are aware of their obligations and responsibility for filling in a work diary on behalf of the driver.

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