Risky Business Episode Record Keeping

Posted by Hubfleet

We’re excited to bring you a recap of the latest episode of the Risky Business podcast, featuring a comprehensive discussion on compliance within the transport industry. Hosted by Craig and Glyn, this episode dives deep into the critical aspects of record keeping and compliance obligations for transport businesses.
Glyn Castanelli, our Head of Industry Engagement and Customer Success here at Hubfleet, brings his expertise to the conversation, offering invaluable insights into navigating the complexities of regulations. This episode is a must-listen for drivers, owners, and operators who want to stay informed and compliant.
In this episode, Craig and Glyn discuss:

  • The Importance of Record Keeping: Understand why meticulous record keeping is essential for your defence against prosecution.
  • Authorities’ Powers: Learn about the broad compliance enforcement powers of regulatory authorities, including the ability to issue notices to produce.
  • Types of Records: Get a breakdown of the various records that need to be maintained, from transport documentation to vehicle maintenance and driver records.
  • Fatigue Management: Gain clarity on work diary requirements, including the rules for drivers within a 100km radius and those under BFM or AFM.
  • Mass and Dimension Compliance: Understand the importance of adhering to mass and dimension requirements, including the need to have the correct permits and documentation.
  • Vehicle Maintenance: Learn about the necessity of daily pre-start inspections, defect reporting, and scheduled maintenance.
  • Work Health and Safety: Discover how WHS acts complement the HVNL, and the need for comprehensive employee inductions and training.
  • Electronic Work Diaries: Discover the benefits of using EWDs, and learn how to streamline your compliance processes.
Listen to the full episode on
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Prefer a quick read? Check out our summary article and FAQs below.

The Cornerstone: Record Keeping

Good record keeping is your first line of defence against prosecution. If it’s not documented, it hasn’t happened. Here’s what you need to focus on:

  • Transport Documentation: Keep all consignment notes, delivery orders, bills of loading, and load manifests.
  • Driver Records: Maintain work diaries, driver run sheets, and trip records. Drivers must carry 28 days of records and keep them for three years.
  • Vehicle Maintenance: Record pre-start checks, fault reports, and servicing records.
  • Employee Training: Track inductions, training sessions, and any relevant certifications.
  • Keep records for a minimum of 3 years to comply with regulations.

Understanding Notices to Produce

Regulatory authorities have the power to issue notices to produce, requiring you to hand over specific records and documents related to your operations. These notices can come from the NHVR or the police. Being prepared with readily available records will save you time and stress. These records might include anything from consignment notes to GPS data.

Fatigue Management: Knowing Your Limits

Fatigue is a major risk in the transport industry. Here’s what you should know about fatigue management:

  • Standard Hours: Drivers must adhere to work and rest limits, which must be recorded even if they are within a 100km radius. While a written work diary isn’t required within 100kms, you must record work and rest hours within 24 hours.
  • Work Diaries: Carry a work diary when driving a fatigue regulated heavy vehicle. The law states, you must keep a work diary when driving a regulated vehicle – it does not state you don’t need one if within a 100kms.
  • BFM and AFM: Under Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM), work and rest limits must be recorded in a work diary or electronic work diary (EWD).
  • Electronic Options: Consider using electronic work diaries (EWDs) for ease of use, accuracy and streamlined record keeping.

Mass and Dimensions: Staying Within Limits

Overloading and incorrect dimensions can lead to hefty fines and potential safety risks. For mass management, you should have the following:

  • Vehicle Register: Keep a comprehensive vehicle register with allowable gross and axle weights.
  • Trip Records: Maintain detailed trip records for each load, including vehicle details, dates, and load information.
  • Permits: Ensure you have the right permits for any oversized or over-mass loads.
  • Load Restraint: Comply with load restraint guides and use appropriate methods.

Vehicle Maintenance: Ensuring Roadworthiness

Keeping your vehicles in top condition is crucial for safety and compliance. For maintenance management, you should be recording:

  • Daily Checks: Conduct thorough daily pre-start inspections and document the condition of critical components. A pre-start inspection does not mean a full roadworthy check.
  • Defect Reporting: Have a robust system for reporting and repairing vehicle defects.
  • Scheduled Maintenance: Maintain a schedule for servicing, including annual inspections.
  • Keep Records: Keep a record of all repairs, parts replaced, and associated costs.

Work Health and Safety: A Complementary Approach

The Work Health and Safety (WHS) Act complements the Heavy Vehicle National Law (HVNL).

  • Inductions: Provide comprehensive inductions for all new employees.
  • Training: Ensure all employees receive the necessary information, instruction, and training to do their job safely.
  • Toolboxes: Conduct regular toolbox talks and maintain records of these meetings.
  • Incident Reporting: Keep records of all workplace incidents and near misses.

Verification: The Key to Accuracy

It’s essential to verify the accuracy of all your records. Cross-check work diaries against GPS data, reconcile maintenance records with inspection reports, and use on-board weighing systems to confirm mass data.

The Path to a Safer Industry

Compliance is not an optional extra, it’s an integral part of operating safely and responsibly. It’s about being prepared for audits, avoiding penalties, and ultimately, ensuring the safety of everyone on the road.
By adopting robust systems and processes, you can safeguard your business and contribute to a stronger, safer transport industry. Remember, a proactive approach to compliance is always better than a reactive one.

Stay Ahead with Smarter Record Keeping

Compliance in the transport industry starts with meticulous record keeping. Without the right documentation, proving compliance and defending against penalties becomes nearly impossible. By adopting efficient digital record-keeping solutions, you can safeguard your business, streamline operations, and stay audit-ready at all times.

Ready to take control of your compliance records? Sign up for a free trial of Hubfleet’s digital compliance system or contact our team to see how we can help you simplify record keeping and stay ahead of regulatory requirements.

Episode 10 FAQs: Record Keeping

Keeping meticulous records is paramount for several reasons. Firstly, it serves as a critical line of defence against potential prosecutions, demonstrating compliance with regulations. Secondly, proper record-keeping helps identify and address issues that could otherwise lead to costly fines and business disruptions. Ultimately, comprehensive record management helps maintain a safe and compliant operation. It can also reveal gaps in training or processes that could lead to incidents.

Operation Omega was a multi-state enforcement initiative that conducted over 4,500 heavy vehicle inspections. It identified significant breaches, including approximately 200 fatigue-related offences, 7 critical breaches, over 1,400 vehicle defects, and found 12 recidivist operators (companies with repeated infringements). These figures highlight ongoing challenges in ensuring compliance across the heavy vehicle industry.

Operators can be required to produce a wide array of documents, including work diaries (both paper and electronic), load sheets, fuel receipts, vehicle maintenance records, accreditation documentation, driver training records, rosters, shift schedules, and records of fatigue breaches and corrective actions. Authorities can also request non-conformance reports and any other relevant records pertaining to heavy vehicle operations. It is important to note that you are required to provide records when requested as it is the law, and ignoring such a request will likely result in an order from court to produce it, and at your expense.

While drivers operating within a 100km radius on standard hours are not legally required to maintain a written work diary, they must still record their work and rest hours within 24 hours of completing their work. These records must include the driver’s name, contact details, licence number, dates of operation, vehicle registration, total daily and weekly work and rest times, rosters, the location of the driver’s base and copies of payment records. However, note this is only for vehicles that are registered within that area. It is important to note that drivers must always carry a work diary if driving a fatigue-regulated vehicle regardless of the radius.

Operators, schedulers and drivers must undertake fatigue training to grasp their responsibilities and the risks associated with driver fatigue. Drivers must adhere to work and rest regulations and maintain accurate work diaries. Additionally, all must participate in regular medicals. Operators must keep records of all fatigue related training and compliance issues that arise. They also should monitor work diary entries against GPS and manifest data to ensure accuracy. Furthermore, businesses must have policies and procedures in place to ensure that driver fatigue is addressed.

Operators must ensure vehicles, components, and loads comply with mass, dimension and restraint requirements. They should maintain records including a detailed vehicle register, documentation of trip records that include origin and destination, and must keep any load dockets and permits relating to oversized loads. Operators should also verify accuracy of mass, dimension, and loading records against multiple forms of documentation to ensure compliance. If you operate a vehicle without being able to prove it’s compliance, you are in breach of the law.

Operators must ensure vehicles are safe and compliant through a range of maintenance practices and thorough record-keeping. This includes conducting daily pre-start inspections (which are to the level of a visual inspection, not a mechanic service), maintaining records of defects and repairs, conducting scheduled maintenance (including annual service checks), and keep detailed records of any infringements or blueys. Proper documentation and retention of records is not optional as it is crucial to demonstrating diligence and compliance. In cases where drivers also maintain the vehicle they also need to keep records.

Operators are required to provide comprehensive induction training for all new employees. Training should cover fatigue management protocols, mass dimension, loading compliance, vehicle maintenance, safety procedures, and drug and alcohol requirements. Furthermore, records of training, licences, and qualifications must be verified, documented, and kept. Operators must be able to show that all employees are capable and qualified to perform their roles safely and compliantly, and therefore the burden of proof is on them, not the employee.

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