Truckies should not fear new fit to drive duty, says NHVR boss
Truckies should not be concerned about the new fit to drive duty in the Heavy Vehicle National Law (HVNL), said Nicole Rosie, CEO of the National Heavy Vehicle Regulator (NHVR).
In her first industry interview since taking over the top job at the end of June, Rosie was quick to allay truckies initial concerns that they could be pulled from the cab by safety and compliance officers (SCOs).
“You’d have to have a criteria to be able to assess things; we can’t do blood tests, blood pressure, we don’t have any of those powers,” Rosie said.
“We’re not doing a police roadside health assessment; we’re not anticipating any substantive change in what our SCOs do, other than to support a driver if they put their hand up for help.”
Rosie said the new fit to drive laws are designed to protect the driver.
“If they were talking to me, I’d say this is a really good thing for you, and I’ll tell you why,” Rosie said.
“There’s already an obligation on the operator under the work, health and safety laws and under the HVNL for the operator to ensure their drivers are fit to work.
“There’s a primary obligation on them, and that still remains. So, this is an ‘and’ on that obligation, which is really saying, and there is a fitness for work requirement on the driver.
“Part of the understanding I have as to why this is being put in place is to empower drivers who are feeling like their bosses up the line might not be looking after the fitness to work, to put their hand up and go, ‘Hey, I don’t feel like I’m safe and I don’t feel fit to drive. Can I please not drive?’
Rosie said truckies should also not fear ramifications from employers.
“With the combination of it being in the law, and this test coming in, we can become clearer about what our expectations are with operators and what they should be doing to support fitness to work with their drivers.”
A code of practice is one avenue the NHVR is looking at which Rosie said also gives drivers an added layer of protection.
“Just like they drive in and raise mechanical issues with us because their bosses are not doing the mechanical checks, they can come in and say they don’t feel safe to drive and we can then support them and/or put a note in the file around the operator or even visit the operator to follow those things up.”
Rosie said the consultation phase around the new fitness laws has emphasised to her the importance of the industry working together to improve driver fitness.
“If you’re on the side of the road dealing with the problem, it’s too late. That’s the area you can anticipate the NHVR doing more work in – I’m very big on supporting.
“I care deeply that we are supporting these drivers. They are really important to Australia.”