Land Transport Rule: Work Time and Logbooks consultation

Questions & answers

What does the draft Land Transport Rule: Work Time and Logbooks cover?

• Roles, duties and responsibilities for managing driver fatigue;
• How records of hours worked should be kept and maintained;
• The requirements for logbook design;
• How logbooks should be used and by whom;
• Requirements for any fatigue management schemes used in place of work time requirements.

 

Who will be affected?

The proposed Rule applies to anyone who is legally required to manage driving hours. This includes 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.

 

How does the proposed Rule relate to the work time-related provisions within Land Transport Amendment Act?

The Land Transport Amendment Act, signed in June 2005:

• sets new limits for hours worked by the commercial and heavy vehicle transport sector
• removes the current distinction between on-duty and driving hours, replacing this with ' work time' hours
• extends responsibility for a driver exceeding those hours to the employer or anyone else who causes this to happen
• outlines what records of work time hours must be kept and what the offences and penalties are for breaching requirements.

The Land Transport Rule: Work Time and Log Books proposes supporting detail to 'flesh out' the requirements set out in the Amendment Act e.g. who must record driving hours, when rest breaks must be taken, and how logbooks should be set out and managed.

 

What are the main changes to the current system proposed in the Rule?

• Establishing a consistent framework for managing driver fatigue in the commercial and heavy transport sector including dealing with exemptions for emergency workers in a more consistent way
• Setting out the operational detail necessary for commercial drivers to comply with work time requirements already outlined in the Land Transport Amendment Act 2005
• Setting out a consistent logbook format and process to record and monitor driver hours
• Detailing a process for developing and gaining approval for an alternative fatigue management scheme (to be used in place of standard work time and log book requirements)
• Reducing the number of individual exemptions from work time and log book requirements.

 

Why do we require commercial and heavy vehicle drivers to keep logbooks and limit their driving hours?

For some time, commercial and heavy vehicle drivers have been recognised as a group at particular risk from driver fatigue. This is the result, in part, of drivers working as many hours as possible in a highly competitive industry.

It is difficult to provide an objective roadside test of how tired an individual driver has become. Therefore, risk of fatigue is managed through imposing legal limits on total hours worked, and recording those hours, through logbooks or similar mechanisms.

 

What is wrong with the current system of recording driving hours?

Feedback from the transport industry suggests the current system is too complex and isn't as effective as it could be. For example, under current law, hours spent driving must be recorded separately to other 'on-duty' time which makes it harder to complete logbooks accurately and causes confusion about total hours to be calculated.

Following a simpler 'work time' definition being introduced under the Amendment Act, the draft Rule proposes a simpler system for calculating and recording work time.

 

How many drivers exceed the current requirements?

Recent research on truck driver fatigue found that a third of drivers regularly 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 $0.4 million and $12.1 million.

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.

 

If the Land Transport Amendment Act 2005 replaces the current distinction between 'on-duty' and 'driving' hours with 'work time', what does the Rule propose the 'work time' hours regime will consist of?

Currently drivers must take a 30-minute 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.

With the removal of the distinction between on duty and driving hours, most drivers subject to work time requirements would now be required to take at least a 30 minute break after 5 ½ hours work time - no matter what type of work or driving is undertaken in that period.

The only exceptions would be taxi drivers (who would be required to take a break after 7 hours work time) and urban bus service drivers (who would be required to take a break after 5 hours work time).

Currently commercial and heavy vehicle drivers are limited to no more than 11 hours driving, or 14 hours on duty and must take a minimum 9-hour break in any 24-hour period . The Land Transport Amendment Act 2005 sets 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 will be required to take a break of at least 10 hours (as well as the standard half hour breaks required every 5 ½ 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.

Under existing law, a 24-hour break becomes mandatory after 66 hours driving or 70 hours on duty. The Amendment Act sets a maximum of 70 hours of work time in any working week ("cumulative work period") – which in effect means the number of hours that can be legally worked before a 24-hour break remains unchanged.

 

But if the length of the working day is reduced, won't that impose significant costs on the industry?

Few commercial drivers currently work every legal hour available, so it's difficult to predict whether there would be any significant loss in productivity under the new system. 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.

However, there is more flexibility overall in the type of work that can be done within the allowed hours, because a distinction is not made between driving and non-driving work hours.

At the moment, drivers can do 11 hours continuous driving in any 24-hour period. Under the Land Transport Amendment Act 2005 , drivers can do up to 13 hours continuous driving This means, for example, large transport firms will be able to have drivers spend more time driving, while other staff handle loading and dispatch which, should assist profit margins and improve efficiency.

 

Why is it proposed that urban bus drivers take a break after 5 hours?

The relevant unions strongly supported the proposed change to a shorter allowable period between breaks. Their view is that increases in congestion have effectively meant that driving is, in many cases, continuous.

However, Land Transport NZ is also aware of industry concerns that the change will increase costs for operators. As such, we are seeking further information through this consultation process.

 

Why is it proposed that taxi drivers must take a break after 7 hours, rather than 5 ½?

The nature of taxi drivers' work (where 'unofficial' periods of rest occur while waiting for the next job) means it is much less likely that they will be driving continuously for any length of time.

 

Are there still exemptions for emergency workers?

A general provision in the Land Transport Amendment Act 2005 allows emergency workers 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.

The Rule sets out the specific details of this including what is considered an emergency.

The draft Rule also proposes specific provisions to cover electrical workers carrying out emergency repairs.

 

How are emergency workers' driving hours managed currently?

Since 1988, a number of Gazette notices and exemption letters issued on behalf of the Secretary for Transport, and, since 1993, the Director of Land Transport 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 driving hours requirements granted to the New Zealand Fire Service were different to those in the variations allowed for ambulance services. Other emergency services, such as rural fire response groups, were not included in these arrangements.

The proposed Rule sets out a framework in which each emergency service is treated in a consistent way.

 

What changes are proposed to logbook requirements?

The Amendment Act's removal of the distinction between on-duty and driving hours enables the draft Rule to propose a simple and consistent logbook form and a simplified process for logbook completion. The changes will help to reduce compliance costs as well as remove confusion and the likelihood of errors (and risk of being fined).

 

Are there changes proposed in terms of how many days logbook entries must be kept for?

Yes, under existing law, once a logbook entry is made, entries must continue for a period of 10 days. However, this doesn't always correspond with the point at which a 24-hour break becomes mandatory (66 hours driving or 70 hours on duty).

Under the proposed Rule, logbook entries will only be required to be kept for the period between one 24-hour break and the next.

 

When the new Rule comes into force will existing logbooks become invalid?

Eventually, yes, but only after a six-month transition period which should allow time for new logbook forms to be approved and printed, for all drivers/companies to comply with the new requirements and use up existing logbook stocks

 

Will farmers be required to keep logbooks under the new Rule?

No, the current general exemption for vehicles used in farm operations is largely carried over into the proposed Rule and relates to vehicles 'owned' by a particular farm. Harvesting vehicles are treated separately because contractors usually operate them and because they may be driven on a road at the end of a long working day (however, logbooks would only be required if they travel 50km or more on roads in one day).

 

How will drivers of recreational vehicles be affected?

Where recreational vehicle combinations (such as a Sports Utility Vehicle (SUV) towing a caravan) exceed the weight limits where they can be driven using a Class 1 licence, the driver is legally required to observe work time limits. The Rule however clarifies that they are not required to keep a logbook unless the combination is being used for a commercial transfer of goods or passengers.

The Rule also carries forward the logbook exemption currently applying to drivers of motor homes.

 

What does the Rule propose for urban bus drivers?

As previously stated, the Rule proposes that urban bus drivers be required to take a short break after 5 hours continuous work time.

Under the Rule (provided their regular rosters meet the proposed criteria) urban bus drivers will continue to be exempt from logbook use. This exemption also applies to charter work or school bus routes where those routes are part of a driver's regular roster and proper records of hours worked are maintained and available. However logbooks will still be required to be kept for any week in which drivers are called in for additional work to cover sickness or absence, or when driving occurs outside the stated hours at times of higher risk.

 

What about Tour bus drivers?

Companies would need to apply to the Director for approval of variations, of work time requirements, which would only be granted for specific tours. These would replace the current exemptions.

 

What about drivers of goods vehicles?

As currently happens, the Rule would exempt drivers of class 2 goods vehicles from keeping logbooks, as long as the vehicle was driven within a 50km radius of normal business location. This would also be extended, with conditions, to 50km from a temporary base of operations.

 

What does the Rule propose for off-road vehicles?

Under the proposed Rule, vehicles subject to work time and used off the road would continue to be generally exempt from logbook requirements, as related fatigue issues are more appropriately managed through Occupational Safety and Health (OSH) arrangements. The only exception is where an off-road vehicle is used to transport passengers for 'hire or reward' (such as tourists in a remote area). Vehicles that cross a road during their workday, but do not travel outside a construction zone would also be exempt.

 

What about garages in remote rural areas? Do they need to keep a logbook in situations where they are urgently required to recover a broken down vehicle?

No, the Rule would clarify that in cases of 'impromptu recovery' e.g. where a garage which is called out from time to time to recover a vehicle which is broken down, they would not need to keep logbook records.

 

What about tow truck drivers – would they be required to keep logbooks?

The Rule proposes that tow truck drivers would not have to keep a logbook as long as they keep records of all tow authorities (authorisation forms required for each towing job) for a minimum of 12 months.

 

What about situations where a driver has been granted an exemption from logbook use but is consistently exceeding work time requirements?

The proposed Rule includes a clause stating that where there is evidence that drivers who would be exempt from logbook use are exceeding the work time requirements, the Director can require that logbook records be kept.

 

What are approved Fatigue Management Schemes and what does the Rule say about them?

A Fatigue Management Scheme (FMS) is a programme developed by an individual transport operator to manage fatigue – if approved this could be used in place of standard work time and log book requirements. Operators who have recurring requirements for flexible operations should consider the option of a fatigue management scheme.

The Land Transport Amendment Act allows the Director to approve an FMS provided that drivers have been consulted. The proposed Rule sets out approval criteria for these schemes, within the framework provided by the Amendment Act . Proposed requirements include undertaking a full hazard analysis prior to entry and the development of a manual detailing how driver fatigue would be managed.

While each FMS would have individual arrangements some aspects of work time requirements would be commonly applied.

 

What does the Rule mean by 'alternative means of recording'?

Some operators have introduced real-time electronic reporting for their fleets. The proposed Rule would accommodate use of these types of systems as an alternative to keeping logbooks.

 

What would the offences and penalties be for breaching work time and logbook requirements?

The proposed Rule does not contain any offences or penalties provisions. Summary offences heard by a court are set out in the Land Transport Amendment Act. Other penalties (including fines and driver demerit points incurred for infringement offences relating to logbook use) will be included in amendments to the Land Transport (Offences and Penalties) Regulations 1999.

Under the Amendment Act minor/administrative offences (such as errors or omissions in a logbook) will be treated differently to significant breaches of work time requirements.

Mandatory disqualification will apply only to severe breaches of work time limits. Logbook offences can now be dealt with in two ways:

• summary conviction (court appearance); or
• penalties handed out by the Police at the roadside – these would consist of an infringement fee and driver demerit points to be recorded against the person's driver licence.

A proposed scale of fines and demerit points is detailed in the consultation overview document.

Under the Amendment Act a court also has the option of directing attendance at a course on driving hours as a penalty for breaching driving hour requirements where the breach is of less than 60 minutes. The proposed Rule provides an outline of the requirements for a work time course.

 

At what point would logbook offences stop being a 'roadside infringement' before being passed over to the court?

The Police can require a court appearance for any offence they judge appropriate, so there is no set 'point' at which logbook offences would stop being minor infringements.

 

Will the new Rule reduce the number of 'minor' breaches of logbook requirements

Under current law, there is no way to deal with minor breaches of logbook requirements other than as a summary (court-based) offence. However, under the proposed Rule, minor logbook offences, for example failing to complete required information, could be dealt with more directly, through the issuing of infringement notices rather than through the court system.

In the short term this will mean that the volume of minor breaches is unlikely to change. However, issuing infringement notices for minor breaches is likely to have a deterrent effect over the long term, particularly on repeat offenders. The number of court appearances is also expected to reduce.

The Rule also simplifies logbook requirements and provides much more clarity, which should reduce minor recording errors and make it easier to comply. Therefore it is likely that minor breaches of logbook requirements would eventually be reduced overall.

 

What consultation has been done so far? Have the commercial transport industry been involved in development of the proposed rule?

The Land Transport Safety Authority (now Land Transport New Zealand) asked for public comment on driving hours in papers released in 1998 and 2000. 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 now being released for public consultation.

 

How do I have my say?

The consultation (yellow) draft of the Rule is available on our website at http://www.landtransport.govt.nz/consultation/work-time/ or you can ring 0800 699 000 to request a hard copy. Instructions for making a submission are included with the draft Rule.

 

What's the deadline for consultation?

Submissions should be sent to Land Transport NZ by Friday 7 October 2005.

 

What will be done with my feedback?

Issues that are raised in submissions on the yellow draft will be analysed and taken into account in redrafting the proposed Rule. Those who have made submissions on the yellow draft will be advised if significant changes to the proposed Rule are made.

 

What is the next stage of the process?

Following completion of the public consultation phase, the draft Rule will be submitted to the Ministry of Transport for the government's consideration. The final draft of the Rule will be approved by Cabinet and then signed by the Minister for Transport Safety.

 

How long before we're expected to see the Rule passed as law?

The Land Transport Rule: Work Time and Logbooks is expected to come into force in mid-2006, at the same time as the Operator Licensing Rule and a series of other provisions affecting commercial and heavy vehicle drivers under the Land Transport Amendment Act 2005. A transition period of six months will follow, after which time all previous related exemptions and variations will be cancelled.

Last updated: 15 August 2004