• Alerts
• Bulletins
• Articles and Presentations
• Subscriptions

Transport company and its drivers held accountable for breaches of fatigue management legislation in Victoria

Elizabeth Guerra-Stolfa

Geoff Donovan

07 April 2010

A recent decision in a Victorian Magistrate’s Court has a seen a transport company and its drivers prosecuted for fatigue management breaches under the Road Safety Act 1986 (the Act).

The case concerned the prosecution by VicRoads of Miles Transport Pty Ltd and three of its drivers for failing to have proper rest breaks and false entries in their work records during and undercover operation which saw officers from VicRoads follow their vehicles from Monbulk to New South Wales.

As recently reported by the Age (March 2010), the court found that it was ‘but for the grace of God’ other road users were not at risk.

Miles Transport was fined $30,000 plus $3630 in costs. The three drivers were fined a total of $8500.

Harwood Andrews recommends heavy vehicle operators, their managers and schedulers:

• Review routes and schedules so driving staff take their rest breaks. Routes and schedules should be periodically audited for compliance with applicable laws under the Act; and

• Train all relevant staff in relation to fatigue management provisions. Back