Land Transport Rule: Work Time and Logbooks

Rule 62001

Print version: Overview (PDF, 349 KB)

Overview

Land Transport Rules are law produced by Land Transport New Zealand for the Minister of Transport. Land Transport New Zealand drafts Rules in plain language to reach a wide audience. Draft Rules go through an extensive consultation process and are refined in response to submissions received from interested groups and individuals.

This overview accompanies, and sets in context, the yellow (public consultation) draft of Land Transport Rule: Work Time and Logbooks (Rule 62001). It establishes a framework for managing commercial driver fatigue, gives effect to the limits on work time prescribed by the Land Transport Act, defines the use of logbooks to record and monitor work time, and outlines the process for applying to establish an alternative fatigue management scheme. The draft Rule consolidates and clarifies existing legal requirements and proposes changes aimed at increasing safety.

If you wish to comment on this draft Rule, please see the page headed 'Making a submission'. The deadline for submissions is Friday, 7 October 2005.

 

Contents of the overview

• What are Land Transport Rules?
• Why is this Rule being proposed?
• Matters to be taken into account
• Issues addressed by the Rule
• What changes does the Rule propose?
• Consultation and publication

Appendixes

• Appendix 1: Table: Summary of proposed changes to hours or logbook use
• Appendix 2: How the Rule fits with other legislation
• Appendix 3: Management of driver fatigue

What are Land Transport Rules?

Land Transport New Zealand (Land Transport NZ) was established on 1 December 2004 as a result of the merger of the Land Transport Safety Authority and Transfund New Zealand. One of its tasks is to produce Land Transport Rules under an agreement for Rule development services made with the Secretary for Transport, for signature by the Minister under the Land Transport Act 1998 (the Act). Rules are made in respect of a wide range of matters covered by the New Zealand Transport Strategy. These include safeguarding and improving safety and security, improving access and mobility, assisting economic development, protecting and promoting public health and helping to ensure environmental sustainability.

Land Transport Rules aim to:

• clarify
• consolidate and
• create

land transport law.

Rules are developed by means of extensive consultation, and each Rule is drafted in plain language to be understood by a wide audience and to help ensure widespread compliance with its requirements.

 

Consultation process

Land Transport NZ is committed to ensuring that legislation is sound and robust and that the consultation process takes account of the views of, and the impact on, people affected by changes proposed in Rules.

This publication, for your comment, has two parts:

1. the overview, which sets proposed changes in context; and
2. the yellow draft of Land Transport Rule: Work Time and Logbooks (the proposed Rule), for public comment.

In this draft Rule, there are several references to sections of the Act which set out key definitions, responsibilities, limits to hours, or offences and penalties. These provisions have been set by Parliament, and are not part of the consultation process. They are included, primarily, because they set the context in which details contained in the Rule must be read.

This overview sets out the rationale for making the proposed Rule, in particular, the need to manage driver fatigue; how the Rule relates to other legislation; and sets in context proposed changes to the existing restriction on the hours driven by commercial drivers. It discusses what the proposed changes will mean for those involved in the commercial transport industry and for other road users.

Please read the overview carefully and consider the effects that the proposed Rule would have on you, your business, or the members of your organisation. In particular, consider the benefits and costs that would result from implementation of the Rule.

The Land Transport Safety Authority initiated discussion about driving hours in papers sent out in 1998 and 2000 for public comment. In July 2004, the Authority released a discussion draft, the blue draft: July 2004 Work Time (Driving Hours) and Logbooks Rule (the blue draft), for the information of key industry representatives. Comments received on the discussion draft were taken into account in preparing the yellow draft of the proposed Rule, which is being released for public comment.

The issues that are raised in submissions on the yellow draft will be analysed and taken into account in redrafting the proposed Rule. Any substantive issues that are raised during the consultation process, and which may result in significant changes being made to the Rule, may be consulted on in another draft.

Following completion of the public consultation phase, the draft Rule will be submitted to the Ministry of Transport for government scrutiny. The final draft of the Rule will then go to Cabinet for noting, and, finally, will be submitted for signature by the Minister.

 

Timetable for implementation of the Rule

It is anticipated that the Work Time and Logbooks Rule would come into force in mid 2006. A transition period of six months would then follow. During that time, exemptions held by individuals or companies when the Rule came into force, with necessary modifications, would continue to have effect, and previous logbook forms could be used to comply with the requirements of the Rule.

At the end of the transition period, a Gazette notice would be published to advise the cancellation of previous exemptions and variations.

 

Making a submission

Although this overview provides a series of specific questions to consider, you are free to comment on any part of the draft Rule. Some contact details for any questions you may have on aspects of the Rule are provided in the covering letter that accompanies this yellow draft.

If you wish to make a submission on the proposed Rule, please read the page headed 'Making a submission' at the front of this document.

The deadline for submissions is 7 October 2005.

 

Why is this Rule being proposed?

Purpose of the draft Rule

This proposed Rule has been drafted to give effect to amendments to the Land Transport Act 1998, which set out significant changes to the requirements for managing commercial and heavy vehicle driver hours.

 

Scope of the Rule

The proposed Rule applies to anyone who undertakes activities relating to the management (including the recording) of work time hours. It applies to transport service operators, managers or principals of firms that employ drivers, as well as logistics brokers who arrange transport contracts and firms that have an established contractual arrangement with owner-drivers, drivers and dispatchers. The proposed Rule covers:

• the need to keep and maintain records as required by the Act;
• when short breaks (of at least 30 minutes) must be taken;
• the requirements for logbook design;
• who must use logbooks, and how they are to be used;
• the requirements for fatigue management schemes;
• how work-time variations and logbook exemptions may be applied; and
• a summary of the offences and penalties prescribed by the Act or the Land Transport (Offences and Penalties) Regulations 1999.

 

Principles underlying the proposed Rule

The principles that underpin this proposed Rule are summarised below.

• All persons involved in transport services – not only drivers and operators of trucks and other large commercial vehicles – have a responsibility to manage the driving hours regime. The 2005 amendment to the Act extended the potential liability of such persons by introducing 'chain of responsibility' provisions.
• The legal requirements for drivers, operators and other persons should be clearly stated.
• All key requirements and any variation to them are, where possible, to be contained in the Act or in this proposed Rule.
• Provisions within the proposed Rule must be easy to enforce.
• Standards for the maintenance, carrying and production of logbooks and other records need to be explicit.
• The costs of compliance should be reduced, where possible.

Matters to be taken into account

The Land Transport Act 1998 (the Act) provides the legal framework for making Land Transport Rules.

Section 161 of the Act states the procedures by which the Minister of Transport makes ordinary Rules. These include the need for consultation, which has been developed into a series of formal and informal discussion procedures.

Section 164 of the Act states the matters to be taken into account in making Land Transport Rules. In making ordinary Rules, the Minister is required to give such weight as he or she considers appropriate in each case to the identified matters, which are discussed below. The Land Transport Amendment Act 2005 amended the matters that the Minister must take into account when making Rules, to reflect the overarching importance of the Government's New Zealand Transport Strategy (NZTS). The NZTS envisages that, by 2010, New Zealand will have an affordable, integrated, safe, responsive and sustainable transport system.

Section 158(b)(vi) (A) and (F) of the Act contains the matters to be addressed in a Rule covering work time and logbooks.

 

Proposed activity or service

Section 164(2)(b) of the Act requires that appropriate weight be given to the nature of the proposed activity or service for which the Rule is being established. The 'proposed activity or service' covered by the draft Rule is:

• establishing a framework for managing commercial and heavy vehicle fatigue;
• giving effect to the limits on the hours of work undertaken by drivers, as prescribed in the Act;
• defining the use of logbooks to record and monitor driver hours;
• outlining the process by which application may be made to establish an alternative fatigue management scheme.

The draft Rule clarifies, consolidates and rationalises the existing legal requirements and proposes a number of new requirements (see summary of proposed new requirements in Appendix 1).

 

Risks to land transport safety

Section 164(2) (a), (c) and (d) requires the Minister to take into account, respectively, the level of risk existing to land transport safety in each proposed activity or service, the level of risk existing to land transport in New Zealand in general, and the need to maintain and improve land transport safety and security.

The draft Rule addresses the risk to land transport safety arising from driver fatigue, particularly by commercial drivers. If driving hours are restricted, then an objective standard is provided against which operators, drivers and enforcement staff can readily assess compliance.

 

Meeting strategic objectives

Section 164(2)(e) of the Act requires the Minister to take into account whether the proposed Rule: (i) assists economic development; (ii) improves access and mobility; (iii) protects and promotes public health; (iv) ensures environmental sustainability.

The proposed Rule has limited effect on these objectives, which match those of the New Zealand Transport Strategy, but on balance its anticipated outcomes are positive.

Economic development

The changes made in the Act, and reflected in the proposed Rule update an existing system of limits to permissible hours, rather than impose a set of new costs on industry. The standard limits to hours are set by the Act, and therefore not open to consultation.

Few commercial drivers currently work every legal hour available and, therefore, calculations about lost productivity have to be made with some caution. People who, at present, combine commercial driving with other work have a potential loss of one hour's work a day, but the total permitted time period over a week stays the same. The workers most likely to find the new arrangements restrictive are groups such as rural contractors or forestry staff during summer months, and only when the majority of work is not driving heavy vehicles.

There is also more flexibility in the type of work that can be done within the prescribed hours, because a distinction is not made between driving and non-driving work hours. For example, large transport firms would be able to employ drivers focussing solely on that role, while other staff assist with loading and dispatch. Any reduction in input costs for a transport firm should assist profit margins and, therefore, improve efficiency.

As noted below, compliance costs are also expected to reduce.

Improve access and mobility

As a result of the anticipated efficiencies discussed above, and better use of available commercial vehicles, a marginal improvement in mobility is likely.

Protect and promote public health

The proposed Rule will contribute to the promotion of public health by keeping in place measures that help reduce driver fatigue, which studies have suggested may be a contributory factor in as many as 20% or more of all road crashes. In addition, there is a strong inter-relationship between excess fatigue and poor health.

Ensure environmental sustainability

Any increase in the economic efficiency of commercial transport firms may create a number of counter-balancing effects. These operations may attract more of the available goods to be transported – in turn leading to increased kilometres travelled by goods vehicles. Alternatively, there may be more efficient use of the existing fleet – with total kilometres driven remaining static.

 

International considerations

Sections 164(1) and 164(2)(f) of the Act require that Rules not be inconsistent with New Zealand's international obligations concerning land transport safety, and that international circumstances in respect of land transport safety be taken into account in making a Rule.

In developing this draft Rule, consideration has been given to safety requirements in safety-conscious jurisdictions overseas. The aim is to give New Zealand road users the benefits of overseas research into driver fatigue. The core provisions of the fatigue management schemes proposed in section 6 of the draft Rule, for example, follow extensive trials of similar arrangements in Queensland, Australia.

 

Benefits and costs of the proposed changes

Section 164(2)(ea) of the Act requires that appropriate weight be given to the costs of implementing measures proposed in the Rule.

The draft Rule carefully balances safety issues with transport efficiency, so that compliance with the Rule is not onerous, because this could lead to a lower level of compliance.

The process of maintaining logbooks has been simplified by the deletion in the Act of the distinction between on-duty and driving hours. As a result, there will be a marginal reduction in compliance costs associated with logbook completion.

The draft Rule also proposes reductions in compliance requirements for people who drive commercial vehicles part-time, by reducing the period for which logbooks must be completed.

People who combine commercial driving with other work have a potential loss of one hour a day, but the total time period over a week stays the same. There is more flexibility over the type of work that is done within the prescribed hours.

Proposed changes to the required short rest breaks may also have some economic consequences. Previously, driving time could be mixed with other duties (such as loading a vehicle), and the time between breaks extended in this way. The introduction of a simpler core definition ('work time') that would cover all work activities would change limits for some companies. Key questions about potential costs have been included in this overview.

 

Issues addressed by the proposed Rule

The proposed Rule addresses a number of issues and problems relating to the current system for managing driving hours and logbook use. The changes proposed to deal with these issues and to improve the system are set out for comment in What changes does the Rule propose?

 

Clarification of requirements

Since 1988, a number of Gazette notices and exemption letters issued on behalf of the Director have introduced variations within the existing requirements for managing driving hours.

An example of these variations has been the treatment of response call-outs by the emergency services. For example, the terms of the variations to both driving hours and logbooks requirements granted to the New Zealand Fire Service differed from those in the variations allowed for ambulance services. Other emergency services, such as rural fire parties, were not included in these arrangements.

The proposed Rule needs to apply the requirement (set out in section 30ZC(4) of the Act) to each emergency service in a consistent way.

When brought into full effect after the transition period, the proposed Rule would replace all such prior exemptions, and would put in place a consistent framework for managing work time hours and the use of logbooks.

 

Alternative management options

Section 6 of the proposed Rule provides a link between the standard requirements and approved fatigue management schemes. These are schemes designed and managed by individual transport operators. The operators would be required to undertake a full hazard analysis prior to entry. They would have to set out, in a manual, the manner in which they would manage fatigue and have this approved by the Director.

 

Alternative means of recording

Some operators have introduced real-time electronic reporting for their fleets. The proposed Rule would need to recognise the terms under which these types of system could be used in a way that meets enforcement needs, but also benefits operators.

Application of the current legislation (the Transport Act 1962) has focussed on the authorisation of specific on-board equipment – such as an approved electronic logbook. Ideally, the legislation should provide operators with the option of installing an alternative system for recording work time, rather than simply creating an exemption from logbook use.

The changes reflected in the proposed Rule allow more flexibility. One option, for example, would be to link on-board equipment with its management by a transport service operator – because it is essentially a single system. If that option were favoured, an approval would allow the use of designated equipment, by a designated operator, under agreed conditions (in relation to access to records).

Your view is sought on whether this approach is a suitable way to introduce and manage such systems.

 

Reduction of compliance costs

A combination of exempting drivers from logbook requirements, where adequate records of hours worked are in place, and the introduction of simpler logbook forms, should reduce overall compliance costs. The proposed Rule also reduces the number of situations in which drivers have to apply to Land Transport NZ for a specific exemption from either work time or logbook use.

 

Urban buses

The proposed Rule includes (2.2(5)) a specific reference to the work time allowed between short breaks for these drivers (a reduction from the standard 5 hours, 30 minutes to 5 hours).

Industry submissions following the release of the blue draft included a summary of projected cost increases, based on the effect on schedules of a reduction of work time allowed between short breaks. On the basis of figures provided in their submission, they forecast cost increases of between 10% - 15%, and also stressed the difficulty of finding qualified drivers.

The relevant unions, who also commented on the 2004 blue draft, have a differing view on this issue. They strongly support the proposed change to a shorter allowable period between breaks. They commented that the nature of the driving task has changed in the major cities – schedules once allowed brief periods between runs, but increases in congestion have effectively meant that driving is, in many cases, now continuous.

Previous comments received on this issue have been recorded. Land Transport NZ now seeks further information to assist in determining an acceptable outcome.

 

Sanctions

The Act distinguishes between administrative offences, such as errors or omissions in a logbook, and substantive breaches of work time requirements. It also extends the requirement to retain and produce records of operations, and the liability of persons who contribute to driving hours offences.

In the current law (the Transport Act 1962), only a limited distinction is made between the penalties for exceeding hours and those for logbook errors and omissions. Breaches of hours incur mandatory disqualification; logbook offences also incur disqualification unless "special circumstances" apply. The imposition of fines is also available to a court on conviction for either sort of offence. Mandatory disqualification, in the new provisions in the Act, will apply only to severe breaches of work time limits. Logbook offences can now be dealt with in two ways:

• summary conviction (court appearance), where conviction may incur a fine, a directed course or optional disqualification;
• an infringement fee, with driver demerit points.

Driver demerits will be recorded against the person's general driver licence; the previous 'commercial' demerit system in the Transport Services Licensing Act 1989 will be discontinued. The proposed scale of fees and demerit points is:

Offence	Infringement Fee	Demerit points
1-5 logbook omissions, errors	$150	15
6-10 omissions	$300	30
11 or more omissions	$500	50
Failure to produce logbook	$500	50

These changes in enforcement provisions have a potential impact on drivers, operators and dispatchers who are part of a transport service.

 

What changes does the Rule propose?

The starting point for developing this proposed Rule is agreed policy, which takes into account the previous papers and discussions on driving hours, which reviewed relevant existing law. The legislative changes required to implement the policy changes agreed by Government began in July 2004 with the introduction into Parliament of an amendment to the Land Transport Act 1998. This included the transfer of provisions related to driving hours (work time) and logbooks from the Transport Act 1962 into the proposed Rule.

The proposed Rule differs, in many details, from previous requirements. For example, the simpler way in which working hours are accounted for produces substantial changes from the legislative provisions on logbooks introduced in 1988.

The changes to the driving hours and logbook requirements are set out in a table in Appendix 1. These are separated into three groups:

• changes already made by Parliament (Category A);
• changes proposed in the draft Rule (Category B);
• supporting changes to be made in regulations (Category C).

The changes made in the Land Transport Amendment Act 2005 are not open for consultation. The main changes proposed in the draft Rule are discussed below, and your comments are sought on the questions raised. Your comments on any other aspect of the proposed Rule would also be welcomed.

Use of notes and examples

To aid understanding of the proposed Rule, use has been made, where appropriate, of examples showing how requirements would work in practice. It should be noted that the examples are an aid to understanding the intent of the Rule, and should there be a conflict between the provisions of the Rule and the examples, the provisions would apply.

Section 2: Work time and rest time

The current requirements have been seen as complex and difficult to interpret. Submissions on previous policy papers emphasised the need to make calculations simple and unambiguous.

The core hours, and the definitions that support them, are set out in the Act. By eliminating the distinction between 'driving hours' and 'on-duty time', they create a simpler basis for calculating limits to work time hours.

Under 2.3 (Particular situations), what was once called 'the Ferry Exemption' is now covered as a specified rest break, because the previous distinction between driving hours and 'on duty' has been removed. The need to offset the time calculation has also been removed.

For emergency services, the proposed Rule follows the primary focus in the Act, to allow personnel to respond to a major incident, even if this takes them beyond their allowed work time hours for that particular day. Most volunteer firemen, for example, have day jobs, yet their community requires them to be available in the event of a fire or vehicle crash.

Following the blue draft, electrical engineers made a submission about emergency repairs. Their proposal has been included in the proposed Rule.

Section 79AD of the Act specifies that an emergency (which is defined within the section), or unavoidable delay is a defence to a charge that driving hours have been exceeded.

Clause 2.4 provides for the occasional variation not already covered in the proposed Rule. As noted in this section, operators who have recurring requirements for flexible operations should consider the option of a fatigue management scheme, as outlined in section 6.

The intention here, as elsewhere in the proposed Rule, is to reduce the number of individual variations that are required or available.

 

Section 3: Logbook coverage

The current requirement is that, once a logbook entry has been made, entries have had to be continued for a period of 10 days (and entries for the 10 days prior also have to be carried). This does not always correspond with the point at which a 24-hour break became mandatory (66 hours driving or 70 hours on duty). The proposed Rule attempts to set the period by reference to the last 24-hour break.

 

Section 4: Logbook exemptions¹

¹ In the context of this Rule, 'exemption' is used to refer to any removal of the requirement to carry a logbook. This follows the use of this term in the Act. It, therefore, covers what are essentially exceptions within the Rule and also written exemptions from the Rule issued by the Director.

The first part of this section covers exemptions from logbook use previously listed in the Act. Please note the requirement (4.2) for drivers to demonstrate that they are observing the conditions of any exemption granted under this proposed Rule.

Previous provisions related to vehicles used in farm operations (4.4) are largely carried over into the proposed Rule. The general exemption relates to vehicles 'owned' by a particular farm. Harvesting vehicles are treated separately, because they are usually on contract, and because they may be driven on a road at the end of a long working day.

Motor homes (4.4(3)) are normally not used in a transport service. The conditions specified in 4.4(4) are meant to make classification unambiguous.

A general exemption from logbook use is also provided for 'recreational vehicles'. An increasing number of combinations (such as a Sports Utility Vehicle (SUV) towing a caravan) can exceed the weight limits where they can be driven using a Class 1 licence. The intention is to make private use of such a combination exempt, while still requiring logbooks for a commercial transfer.

Urban bus services (4.5(4)) are exempted from logbook use if their regular rosters meet the criteria stated. Logbooks would still be required when drivers were called in for additional work to cover sickness or absence, or when driving occurs outside the stated hours at times of higher risk.

This exemption for rostered work can be extended to include charter work or school bus routes where those routes are part of the driver's regular roster. Note that an exemption from logbooks for one form of transport service is effectively cancelled if driving in a different situation during the working week does require the use of a logbook.

The extension of logbook exemptions for goods vehicles used within 50 km of their base (4.5(1)) consolidates and extends two previous provisions. One dealt with smaller goods service vehicles (GSVs), and the other with GSVs on a regular local schedule. The intention here is to create a simple, general rule that is more easily applied because it does not require specific approvals.

Off-road vehicles (4.6) are generally exempted from logbook use. Fatigue issues in such situations are more appropriately managed through Occupational Safety and Health (OSH) arrangements. The exception is passenger service vehicles, given the increased risk that the transporting of passengers (such as tourists in a remote area) incurs. The inclusion of 'designated zones' is intended to cover construction vehicles that cross a road during their workday, but do not travel any significant distance along any public road.

Impromptu recovery (4.6(7)) is meant to include situations such as garages in remote rural areas, when a driver may infrequently be called out to recover an immobilised vehicle.

Clause 4.8 suggests some information that applicants seeking an exemption from logbook use might provide. It is difficult to be more precise than this list, given the range of applications that might arise.

Clause 4.9 is designed as a back-up provision available where there is evidence that drivers, who currently are exempt from logbook use, are exceeding the work time requirements. In that situation, the Director can require that logbooks must be maintained.

 

Section 5: Managing logbooks

In 5.3, a list of the required details to be entered in a logbook in respect of any working day is given, and later notes expand this for recording events and days off.

Throughout this proposed Rule, the appearance and content of the logbook forms are more tightly prescribed than before. One example of this approach is the requirement to produce any logbook in triplicate. The distribution and retention of records are described in 5.5.

 

Section 6: Fatigue management schemes

A fatigue management scheme is a programme run by transport operators to manage driver fatigue. The proposed Rule sets out the requirements for these schemes so that they qualify for approval by the Director, within the framework provided by the Act.

Each fatigue management scheme would have individual arrangements stated within the appropriate deed of agreement, but some aspects (such as the allowable limits) would be commonly applied.

Please note that the Act requires an employer seeking to set up a fatigue management scheme to consult the drivers affected.

 

Section 7: Training

This section has been included to emphasise the need to inform people in the transport industry about the issue of driver fatigue. Awareness among drivers and operators of the potential risks, and the appropriate counter-measures, is an important component of managing the hazard it presents. The provision of appropriate information and effective training is also a statutory requirement under the Health and Safety in Employment Act 1992 (sections 12(1)(b) and 13).

Under section 79O of the Act, a court has the option of directing attendance at a course on driving hours as a penalty for breaching driving hour requirements. The proposed Rule provides an outline of the requirements for a work time course.

 

Part 2 Definitions

The 'defined terms' add to those stated in the Act.

 

Part 3 Schedules

Schedule 1: Logbook design

This proposed Rule is far more prescriptive than previous requirements about the appearance and distribution of logbook forms. Ideally, this should mean that drivers and enforcement officers alike will be dealing with consistent information, presented in a consistent way.

Schedule 2: Using the logbook form

Schedule 2 is intended to indicate the acceptable ways to complete each of the fields on the standard log form.

Schedule 3: Relevant offences and penalties

This table has been included for reference only during consultation on the proposed Rule. It will be omitted from the final version of the Rule.

The offences in the Act for determination by a court are already in law. The proposed infringement offences are not part of the formal consultation process, but Land Transport NZ will record any comments and pass these on to the Ministry of Transport.

 

Consultation and publication

Copies of this document may be obtained by contacting the Land Transport NZ Helpdesk on Freephone 0800 699 000. It is also available on the Land Transport NZ website at www.landtransport.govt.nz/consultation/work-time/.

If you would like to register your interest in receiving drafts of Land Transport Rules, free of charge, you can do so by contacting the Rules Team at the address shown in the Making a submission page at the front of this document or by e-mail to info@nzta.govt.nz

Information about the Rules programme and the Rule-making process can be found on the Land Transport NZ website at www.landtransport.govt.nz/rules/ together with a form for on-line registration of interest in Rules.

Final, signed Land Transport Rules can be purchased from selected bookshops throughout New Zealand that sell legislation. They are also available on the Land Transport NZ website. Queries about the availability and prices of final Rules should be made to the Rule printers and distributors, Wickliffe Limited, P O Box 932, Dunedin or Freephone 0800 226 440.

 

Appendix 1

Table: Summary of changes to hours or logbook use

A. Changes made in the Land Transport Amendment Act 2005 affecting work time and logbook requirements

(These changes are already in law, and not for consultation. They are provided for your information.)

Topic	Reference (in Act)	Current provision	Changes in the Act
Removing the distinction between driving and on duty	Section 2	"Driving hours" are counted separately from "on duty" time	"Work time" will include both driving and all other work-related activities
Defining periods of time	Section 2	A day is defined as "any 24-hour period" Drivers are limited to 66 hours driving/ 70 hours on duty between 24-hour breaks	A "cumulative work day" starts after a minimum 10-hour break A "cumulative work period" starts after a minimum 24-hour break
Exemptions and Variations	Section 30ZA	The Director of Land Transport has the general power to exempt any class of vehicle or service from driving hours or logbook requirements	The Director's power to exempt will be limited to individuals or as specifically provided for in the Rule Director will be able to revoke any exemption or variation to driving hours and logbook requirements
Fatigue Management Schemes	Section 30ZA	There is currently no provision in law for Fatigue Management Schemes in place of standard driving hour and logbook requirements	The Director will be able to approve a Fatigue Management Scheme for use by an operator in place of standard requirements, provided that drivers have been consulted
Who is subject to driving hours requirements	Section 30 ZB	Any driver of a heavy vehicle or transport service vehicle needs to comply with driving hours requirements. The only exception is a goods service vehicle (GSV) under 14,000 kg being used within 50 km of base where the driver is not being paid to transport goods (e.g. farmer, self-employed builder)	Vehicle requiring a class 2, 3, 4 or 5 driver licence OR if used in a transport service OR goods vehicle used for hire or reward
Limit to working day	Section 30ZC	Existing limits are: no more than 11 hours driving, or 14 hours on duty and a minimum 9-hour break in any 24-hour period	There will be a limit of 13 hours of work time in any 24-hour period, known as a "cumulative work day". In that cumulative work day commercial drivers must take a break of at least 10 hours This will, in effect, reduce the length of the working day by 1 hour, but provide more flexibility about what work can be done inside that time frame
Limit to working week	Section 30ZC	After 66 hours driving or 70 hours on duty a driver must take a 24-hour break	There will also be a maximum of 70 hours of work time in any working week ("cumulative work period"). This maintains the number of hours that can be legally worked before a 24-hour break is required
Emergency services variation	Section 30ZC	Variations to driving hours for emergency services are not specifically covered in Act – instead, separate exemptions have been issued by Director for each service	The law states that an ambulance, fire brigade or rural fire response group may respond to an emergency even if it causes the driver to exceed work time requirements
Records requirements	Section 30ZD	Records of hours and wages must be kept by the operator (or an owner/driver)	In addition to current legal requirements, operators or an owner/driver will also be required to keep fuel and accommodation records
Who is subject to logbook requirements	Section 30ZE	All passenger service vehicles; range of goods service vehicles (GSVs); all recovery service vehicles	Class 2,3, 4, 5 vehicles; any vehicle used in a transport service; any goods vehicle over 3,500 kg if used to carry goods for hire or reward (this will bring log book requirements into line with work time requirements)
Alternative recording	Section 30ZG	Director may approve alternative systems to be used instead of a logbook; but the system must include all details currently required in a logbook	The Director will be able to approve alternative means of recording "matters relevant" to work time – this means a wider range of systems which record time management can be considered
Evidence admissible in proceedings	Section 30ZI	Logbook pages or copies are admissible as evidence	Logbooks removed by Police from an accident scene will also be admissible as evidence
Failure to keep or produce records	Section 79N	A driver can be fined up to $2,000; a company can be fined up to $10,000	The company fine will increase to $100,000
Penalties for breaching hours	Section 79O	The court must disqualify a driver for any conviction for exceeding driving hours	Driving hour breaches will fall into two categories less than 60 minutes "over" in a day (or rest breaks missed) will attract a fine, optional directed course, optional disqualification (if applied, minimum is one month); 60 minutes or more "over" mandatory disqualification (as now). There will be a similar distinction for breaching 70-hour limit (less than two hours will mean an optional disqualification, more than two hours, a mandatory disqualification)
Delays used as a defence against charge of exceeding driving hours	Section 79P	Drivers can use "unavoidable delay" as a defence against a charge of exceeding driving hours	As well as "unavoidable delay", emergency situations (such as a civil defence emergency or an incident attended by Fire, Police or Ambulance services) are also included as defences
Penalties for logbook offences	Sections 79Q, 79R; also check "infringement offence" in s2)	Logbook offences currently involve a court appearance and at least one month mandatory suspension unless "special circumstances" apply (most convictions at present incur disqualification)	Minor logbook offences can be dealt with by an infringement notice (roadside "ticket"). Penalty will consist of an "instant fine" and driver demerit points (level of fine and demerits will be set by regulation change, see below) If logbook offence is serious enough to go to court, fines or optional disqualification will apply Other people (e.g. employer) can be fined up to $25,000 for requiring or allowing logbook breaches
Chain of responsibility	Section 79T	A person who directs or requires a breach of hours is liable for a $10,000 maximum fine	Liability will be extended to any person who directly or indirectly causes or requires a driver to breach the legal limits. $25,000 fine applies

 

B . Changes proposed by the draft Land Transport Work Time and Logbooks Rule

(These changes are being consulted on)

Topic	Reference (in Rule)	Current situation	Proposed changes
Short break requirements differ by type of service	2.2	Driver must take a break after 5½ hours of continuous driving However the time between breaks can be extended if a variety of work (e.g. loading and driving) occurs in that period	Most drivers would be required to take a break after 5½ hours work time (no matter what work is undertaken in that period) Taxi drivers would be required to take a break after 7 hours work time Urban bus service drivers would be required to take a break after 5 hours There would be no extension of the time allowed between breaks when "non driving" work is done
Tour bus drivers	2.2	A variety of exemptions have been made under earlier agreements to extend driving hours between 24-hour breaks and change short break requirements	General tour bus exemption would be replaced by provisions within the Rule. Variations would be granted for approved tours only and company would need to apply to the Director Drivers with an approval can count meal breaks as "rest"
Emergency services	2.3	Variations to driving hours for emergency services are not specifically covered in law – instead separate exemptions have been issued by Director for each service	Provides detail on the provision in the Act allowing emergency services to attend an incident even if it causes the driver to exceed work time requirements
Exemptions and variations - applying	2.4	Applying for short-term extensions for driving hours is common. Sometimes used retrospectively.	Individual or company exemptions would be far less common– the Rule would set out the criteria for exemption applications, and limit what could be granted by the Director Retrospective exemptions (after hours have been exceeded) would not be available
Secondary employment	3.3	Current driving hours requirements don't specifically state that secondary employment counts towards work hours (although it is implicit)	The Rule would clarify that secondary employment is counted as work time
Alternative recording systems	3.4	Transport Act 1962 allows Director to approve alternative systems to be used instead of a logbook; but this must include all details currently required in a logbook	The Director could approve any system for recording hours as an alternative to logbook use Approval could be given to a system for a developer or importer, or to a company using a system
Maintaining a logbook	4.1	When recording driving hours, driver must complete logbook for 10 days either side of the period worked	The driver would only need to complete logbook entries for a cumulative work period (between 24-hour breaks) - this would reduce the requirement for most drivers
Recreational vehicles	4.4	Current law doesn't specifically exempt Class 2 vehicles being used for recreational purposes from work time requirements	The Rule would clarify that, motor homes and recreational vehicles (e.g. caravan under tow) are not subject to work time requirements
Logbook exemptions	5	Transport Act 1962 exempts Fire, Defence and some other services. Logbook Exemption Notice 2003 includes vehicle types and services for which logbook use is not required.	All exemptions from the Act would be transferred into the rule as well as most requirements contained in the 2003 Logbook Notice. A few detail changes are proposed, e.g.: Class 2 GSVs would be exempt if driven within a 50 km radius of normal business location or temporary base of operations urban bus drivers on regular routes, or undertaking limited charter work, would be exempt previous personal exemption for individuals whose principal employment is not driving would be removed (this is now largely covered by Class 2 GSV exemption)
Logbook forms	5.2 and Schedule 1	There are currently a variety of approved logbook forms in use	The Rule proposes a new simplified logbook format, with less detail needed to comply with the legal requirements. All approved logbook forms would be required to use this format with additional information (e.g. fares record) able to be added; Director would need to approve any form before use.
Fatigue Management Schemes	6	Operators cannot currently use Fatigue Management Schemes in place of standard driving hour and logbook requirements	The Act (see section A above) allows such schemes to be approved by the Director The Rule sets out the proposed entry criteria and legal requirements for drivers covered by a Fatigue Management Scheme
Court-directed approved training may be used as a penalty for work time/ log book breaches	7	This is not currently an option available to a court for drivers breaching driving hours requirements	The Rule proposes requirements for an approved course (the Act allows a directed course as an option available to a court)
Transition Arrangements - logbooks	9	N/A	Existing logbook forms would continue to be valid until Rule has been in force for 6 months, after which only new logbook forms could be used
Existing exemptions	9	A large number of "individual" exemptions from driving hours and/or logbooks have been issued	All prior exemptions would cease to be valid 6 months after the Rule comes into effect. This includes the 2003 Logbooks Notice

 

C. Supporting changes to be made to regulations

(Not formally part of the consultation process)

Topic	Current situation	Proposed changes
Fine for logbook offences	A fine is only awarded by a court following conviction for a logbook offence	Infringement offence created – driver could either be given roadside fine OR court summons
Demerit points for logbook offences	Demerit points are not currently issued for logbook offences and any logbook offence is dealt with by the courts	Demerits points would be awarded against the driver's licence

 

APPENDIX 2

How the Rule fits with other legislation

Background

Requirements for managing work time and logbooks are currently contained in the following:

• Transport Act 1962, sections 70B – 70D;
• Health and Safety in Employment Act 1991, which defines 'fatigue' as a workplace hazard to be managed;
• Transport (Driving Hours Logbook Exemption) Notice 2003;
• Particular variations of hours or exemptions from logbook use, as issued to companies or individuals on behalf of the Director.

Changes to previous legislation are contained in the 2005 amendment to the Act. These changes will come into effect by Order in Council, once the Rule has been signed by the Minister.

The Act also provided that six months after the Rule comes into force the 2003 Logbook Exemption Notice and any prior particular variation or exemptions will be revoked.

Offences and penalties

The proposed Rule does not contain any offences or penalties provisions. These are contained in either Part 6B of the Act (summary offences heard by a court) or will be included in amendments to the Land Transport (Offences and Penalties) Regulations 1999. This will include fees and driver demerit points incurred for infringement offences relating to logbook use.

APPENDIX 3

Management of driver fatigue

Driver fatigue as a risk factor for commercial drivers has been recognised for some time. The most comprehensive study in the New Zealand context was Fatigue and Fitness for Duty of New Zealand Truck Drivers (Charlton and Baas [TERNZ], 2000). They quote a 1994 study² that defines driver fatigue as involving "conflict between the desire to rest and the inclination … to continue driving to their planned destination…"

The main effect of driver fatigue is described as "progressive withdrawal of attention from road and traffic demands".

The principal contributors to fatigue are recognised as being:

• the length and nature of work;
• sleep deficit;
• circadian factors (the body's reaction to certain times of day or night).

Several studies have demonstrated what many drivers would recognise from their own experiences – vehicle crash risks increase after a driver has spent several hours at work, or if they did not have enough sleep earlier, or when travelling in the period from 2 am to 6 am. In addition to these findings, some studies have highlighted the role that tight schedules or even poor diet may play in adding to fatigue levels.

It is difficult to provide an objective and easily applied test at the roadside of how tired an individual driver has become, so general rules have been devised to manage the risk. Traditionally, these have included both regulation of the total hours available to be worked, and some form of recording those hours, through logbooks or similar mechanisms.

Reviewing the system for managing fatigue

The Land Transport Safety Authority initiated discussion about these issues in two papers released for public comment:

• Driving Hours and Logbooks Review: Discussion Paper, December 1998
• Driving Hours and Logbooks Review: LTSA Preferred Policy Proposal, December 2000.

The concern expressed in these papers, and in the transport industry's submissions, was that the existing system was too complex and, consequently, was not working as effectively as intended. For example, previous regulation of driving hours distinguished driving hours from other 'on-duty' time, adding to the detail required to complete logbooks accurately. Confusion over how total hours were to be calculated was also raised.

The general direction taken as a result of this review was to introduce a simplified accounting for hours, and consequent changes to logbook administration. This approach has underpinned the development of those changes and of the proposed Rule.

Commercial vehicle drivers have been identified as a group that is at risk of suffering from driver fatigue. This is the result, in part, of many drivers working as many hours as possible in a highly competitive industry. Recent research on truck driver fatigue found that a third of drivers exceeded the current 11-hour maximum driving requirement.

Between 2000-2004, 6.4% of crashes in New Zealand caused by truck drivers were described as being fatigue-related. These resulted in social costs of $66 million. For bus and taxi drivers, fatigue accounts for 1.4% and 6.6% of accidents respectively, resulting in social costs of $0.4m and $12.1m.

Some studies have suggested that fatigue is under-represented as a cause of crashes, and may be a contributory factor in 20% or more of all incidents. The impact of crashes involving trucks or other large commercial vehicles is significant in the New Zealand context. Fatalities in crashes involving a truck are 19% of total road deaths (averaged 2000-2004). It is important to note that these figures represent vehicles involved in a crash without an analysis of which driver was at fault.

Why driver fatigue must be managed

The primary reason for managing driver fatigue is to reduce the numbers – and, therefore, the cost – of crashes involving heavy motor vehicles.

The need to manage driver fatigue is required by the Act and also by the Health and Safety in Employment Act 1992, which requires employers to consider a range of workplace hazards, including fatigue. (Section 6 provides for a general duty of care, and 'hazard' in the interpretation section includes reference to physical and mental fatigue.) The health and safety legislation also explicitly covers commercial driving by including 'vehicle' in the definition of 'place of work' (in section 2 of the Health and Safety in Employment Act).

²Brown, I.D., 1994: Driver Fatigue in Human Factors, 36, pp. 298-314

Page created: 15 August 2005