Note: This information is intended as general guidance only and does not constitute legal advice. We encourage you to obtain independent advice about your legal obligations. If you have any feedback on the information provided, please contact us at info@nhvr.gov.au

This regulatory advice provides guidance on best practice for using safety technologies and telematics to improve the safety of their transport activities and meet primary duty obligations under the Heavy Vehicle National Law (HVNL).

Who is this advice for?

• Parties in the Chain of Responsibility (CoR), especially operators and employers. 

What are my legal obligations?

Parties in the Chain of Responsibility

Parties in the CoR have a duty under the Heavy Vehicle National Law to minimise the risk of their transport activities.

This is an obligation to eliminate or minimise public risks, and a prohibition against directly or indirectly causing or encouraging a driver or another person, including a party in the CoR, to contravene the HVNL. CoR parties and their executives, should be aware that they remain a CoR party even when their transport activities are contracted, or subcontracted, to another party.

What are the legal consequences?

If your business is a party in the CoR and it fails to eliminate or minimise public risks so far as is reasonably practicable, then it may be in breach of its primary duty. If a breach is proven, the law provides sanctions against a company and its executives, ranging from education and formal warnings for minor offences, to improvement notices and prosecution for more serious offences.

What is a safety technology and what is telematics?

Safety technology – in relation to heavy vehicles – refers to electronic devices or safety intervention systems designed to improve safety, prevent vehicle rollovers, avoid collisions, and produce data.

Telematics is the data exchanged between the vehicle and the driver or operator.

Safety technologies and telematics are predominantly used to optimise the efficiency of transport activities and improve safety for drivers and other road users.

There is a wide range of different safety technologies that produce, transmit or record data about the operation of a heavy vehicle. These may include:

• GPS and route planning and tracking
• Electronic Work Diaries (EWDs) to monitor driver work and rest hours
• driver distraction and fatigue detection technology
• vehicle monitoring to provide feedback on vehicle behaviours, such as the risk of rollovers, fuel usage, tyre pressures, and engine health.

Why is this important to my business?

The heavy vehicle transport industry is recognised as one of the most dangerous in Australia.^[1] Therefore, it is important that parties in the CoR and heavy vehicle drivers do everything they can to eliminate or minimise the risk. Having insight into driving behaviour and vehicle dynamics through telematics is an effective way to improve the safety of your transport activities. Effectively using and analysing the data that telematics provide can support behavioural change, significantly reduce the likelihood of a heavy vehicle being involved in a crash, and help minimise the impact of incidents when they do occur.^[2]

The uptake of various safety technologies in heavy vehicles is steadily increasing, with some being fitted by the vehicle manufacturer, and others being fitted at the time of sale or retrofitted. However, feedback from industry suggests that, in some instances, the systems installed are not being used to their full potential, and therefore the safety benefits are not being realised.

Businesses may be installing safety technologies as a ‘box-ticking’ exercise – to appear more safety conscious, and appeal to business partners as an operator of choice and to drivers as a safer employer. However, in some cases, alert parameters are being increased past manufacturers’ recommendations, to a point where the safety technology is ineffective, or only produces telematic data or provides feedback in extreme circumstances. In other cases, the telematic data is being collected but ignored or underutilised.

Not only does this significantly reduce the safety benefits that safety technologies and telematic data provide, but it may also result in parties failing to meet their CoR primary duty obligations. 

CoR parties and their executives may be failing to meet their primary duty obligations if they are aware of, or ought to reasonably be aware of, a safety technology that is available and suitable to eliminate or mitigate a risk associated with their transport activities but fail to implement this measure. If CoR parties install the safety technology but fail to use the telematics data appropriately, because they are unwilling to develop a system to process, monitor, and interpret the data, this is unlikely to meet the threshold of reasonably practicable. 

The safety benefits of safety technologies and telematics will only be fully realised by ensuring that the appropriate data is being captured, critically analysed, and used to form part of a holistic safety system.

CoR parties need to monitor systems and procedures to ensure they enable the proper use of safety technologies and telematic data and help support and improve the safety of their transport activities.

How can I best utilise safety technologies and telematic data to help ensure the safety of my transport activities?

Prior to purchasing or installing safety technology operators should collaborate within their business, with business partners and other CoR parties, and with safety technology and telematics service providers. This will ensure that they choose a ‘bundle’ or ‘safety and telematics package’ that doesn’t just satisfy their legal obligations, but also enables them to focus on and manage the specific risks inherent in their area of operations.

Operators must also ensure they are engaging reputable service providers and have suitably qualified persons install and maintain safety technology in accordance with relevant vehicle standards, regulations, and road rules.

CoR Parties, especially operators and employers, may consider specific control measures, such as the following:

• Engage drivers to use new technology confidently:
  • Consult extensively and meaningfully with drivers to promote participation in new technology and instil confidence.
  • Provide drivers information about and training on the benefits of safety technology and telematics.
  • Encourage and reinforce correct driver use of safety technologies and telematics.
  • Debrief with drivers following telematic events – for example, show footage of micro sleeps to drivers after a fatigue incident.
  • Review driver incidents with a safety-first mindset rather than a disciplinary approach, where appropriate.
  • Address any driver interference as soon as detected – for example, driver repositioning fatigue detection cameras away from their face, covering cameras, or failing to connect the trailer Anti-Lock Braking System (ABS)/Electronic Braking System (EBS) pass-through wiring rendering the technology ineffective.
  • Foster a safety-first collaborative environment that encourages self-reporting, empowers drivers and fosters a just culture.

• Ensure proper implementation of safety technology:
  • When purchasing new trucks and trailers, consider the safety technology offered by manufacturers – both standard and optional upgrades.
  • Follow manufacturers’ recommendations for safety technology parameters.
  • Ensure safety technologies are properly positioned, operational and serviced to ensure optimum function.
  • When purchasing trucks and trailers consider the handling characteristics and the suitability for the combination, mass, and the type of journey the vehicle will undertake. Starting with equipment that is both suitable for the transport activity and considers handling and vehicle performance characteristics will promote optimal performance of safety technologies and help ensure the safety of your transport activities.

• Foster a safety culture:
  • Consult with industry members and engage with industry bodies to stay up to date with best practice and understand technological advances.
  • Commit to the timely critical analysis of telematics data.
  • Ensure sufficient and suitably trained / qualified staff are able to analyse telematics data.
  • Use collected data to inform safety decisions and policies and procedures.
  • Compare data for individual drivers at different times of multi-day trips or points in the roster to understand patterns that may increase risk – for example, this may show more fatigue events at the end of a trip or at certain hours of the day or night.
  • Compare data between drivers undertaking the same routes to recognise points where a risk may be higher – for example, sharp corners or steep descents. These high-risk locations can then be highlighted to drivers or geofenced (a virtual boundary marked on a GPS) to help reduce the risk of incidents occurring.
  • Conduct regular safety meetings to discuss telematic events and implement learnings to improve safety. For example, events may impact future route planning and scheduling.
  • Systematically review the effectiveness of the safety technology and the relevant policies and procedures used by your business to ensure they remain effective.
  • Take a safety-first approach rather than implementing safety technology as a box-ticking exercise.
  • Consider the risk and mitigation strategies outlined in the Master Code and any other relevant codes of practice.

Case study

A recent Western Australia case has provided insight into the courts’ view on how safety technology and telematics data should be used and reinforces that simply installing the technology is not sufficient.

In this case, a truck had been fitted with fatigue and distraction technology as part of a fatigue risk management system. The truck veered off the road, was overturned and subsequently caught fire. The driver was not seriously injured; however, a second driver who was sleeping in the cabin was killed.

After the fatal incident, the fatigue and distraction technology records were examined, and it was discovered that there had been 465 camera misalignments detected over a six-week period, including on the date of the accident. This misalignment alert detected that the drivers had been intentionally moving the cameras, redirecting them away from their faces, and thereby disarming the fatigue and distraction technology capabilities. The operator took no action when these misalignments occurred – in fact, the misalignments went unnoticed, as the data was not being monitored.

The company pleaded guilty to an offence and was fined $40,000 and ordered to pay costs of $18,996.30.

This case reinforces that, where an operator has installed safety technology as part of its safety systems and risk management strategy, there is a need for ongoing monitoring of the telematics data. Furthermore, action should be taken based upon data to improve the safety of the transport activities.

Examples of safety technologies and how they can improve the safety and/or productivity of your transport activities

There are various safety technologies available that help improve safety and/or productivity, and can either be downloaded or, in some cases, can transmit telematics data from the heavy vehicle to the operator. The benefits depend on the type of data collected and how the individual operator utilises the data to improve the safety of their transport activities. The ways in which safety technology can be used, and how the telematic data can assist in improving the safety of your transport activities, will depend on the scope of technology fitted to the heavy vehicle.

Operators considering the purchase of new vehicles or implementing safety technologies in their existing fleet should discuss their business needs and the available options with providers, as some offer multiple technologies or holistic packages that help mitigate a range of different safety risks.

Electronic Stability Control

Electronic Stability Control (ESC) is the term used to describe a function of an EBS that is designed to help to avoid vehicle rollover. It is a driver assistance technology that incorporates the features of Roll Stability Control (RSC), with the addition of corrective steering.

ESC systems use information gathered from other vehicle systems and sensors to help maintain steering control and grip under harsh braking, cornering and evasive manoeuvres.

An ESC system identifies when a vehicle is moving in a different direction to the driver’s steering input. It will activate and automatically slow the vehicle and correct the direction of the vehicle. The system works by progressively applying the brakes and/or decreasing engine power output, and by applying the brakes to individual wheels, to bring the vehicle back on course.

When ESC activates, drivers may notice a warning light on the instrument panel, a sudden drop in power or increase in braking.

Roll Stability Control

Roll Stability Control (RSC) is designed to help to avoid a vehicle rollover. RSC is a driver assistance technology that operates in a similar way to Electronic Stability Control (ESC).

RSC systems use information gathered from vehicle systems to measure vehicle performance, measuring speed (wheel speed sensors, acceleration, and braking sensors), and will automatically slow the vehicle when the risk of rollover is detected. RSC systems are currently available for heavy trucks, buses and trailers.

When RSC activates, drivers may notice a warning light on the instrument panel, a sudden drop in power or braking, and a continued upright orientation.

Safety benefits

ESC and RSC are thought to prevent up to 56% of fatal crashes.^[3] 

Some systems allow the data related to the vehicle dynamics to be recorded for analysis by the operator. Tracking the dynamics – and understanding the circumstances that activate these technologies – can help operators better plan their routes to improve the safety of their transport activities and the productivity of their business.

For example, you may review the dynamic data from a route to find that it includes sharp bends, and that the ESC and RSC activated at certain points. If you determine that it would be safer for your drivers to reduce their speed upon approach to particular points, you can flag these points in your mapping system, and set alerts and additional parameters for approaching drivers.

If there are multiple points in the journey that will slow the driver, or you determine that the route is too dangerous, you may consider rerouting the journey.

Collision and braking warning systems

Forward Collision Alert (FCA) is a system intended to warn the driver about possible hazards in front of the vehicle.

FCA works by using sensors – such as, radar, cameras or a combination of both – to detect a potential hazard and alert the driver by a warning light and/or alarm. This then allows the driver to take the necessary action to avoid the hazard.

FCA is an alert system only, and the vehicle will not take any action to help the driver avoid the hazard. Systems that alert and then intervene (active systems) are known as Advanced Emergency Braking (AEB) systems.

When FCA activates drivers may notice a warning light and/or alarm.

Braking and collision warning systems can be incorporated into your safety technologies, and the telematics data transmitted can be reviewed to provide a fuller picture of what is happening on the road. This data can be used to review incidents, improve the safety of your transport activities, and provide context when events and crashes occur.

Safety benefits

Research supports that Front Collision Warning Systems may prevent between 21% and 44% of crashes. The system will not intervene on the driver’s behalf but encourages safer driving behaviour through targeted feedback on safe distances between vehicles.

Emergency Brake Assist

Emergency Brake Assist (EBA) is used to reduce stopping distance in an emergency braking situation. When heavy pressure is placed on the brake pedal, the system recognises the emergency, and applies additional braking pressure to assist the vehicle to slow and come to a stop.

Safety benefits

Some research has suggested that there has been a decrease in rear-end collisions as a result of EBA being installed in light vehicles. While the safety impact on heavy vehicles is yet to be properly investigated, similar safety benefits are predicted.

Advanced Emergency Braking

Advanced Emergency Braking (AEB) systems identify possible hazards and help the driver avoid them. These systems operate when the vehicle is travelling at speeds above 15km/h. Some systems will operate at lower speeds and are known as Forward Collision Mitigation (FCM) systems.

By using information gathered from sensors – such as radars, cameras or a combination of both – AEB detects, and alerts the driver to, a potential hazard directly in front of the vehicle. If the driver does not act to avoid the hazard – that is, brakes or steers around the object – AEB will apply the vehicle’s brakes and reduce the engine power. This will help to either prevent the incident or reduce the severity of the incident.

The AEB system typically works best when combines with other systems – such as ABS, ESC and RSC, – to help prevent the emergency braking from causing further loss of control or vehicle rollover. ABS, ESC and RSC may be required for the AEB to operate as intended.

AEB is an assistive technology and does not replace the driver’s responsibility to remain in control of the vehicle.

When AEB actives, drivers may initially see a warning light and/or an alarm, followed by the rapid application of the brakes and a reduction in engine power.

Safety benefits

Research suggests that AEB could prevent between 20% and 50% of crashes, and reduces the severity of crashes that do occur.^[4] It is also thought to be one of the safety technologies with the most potential for growth.

Lane Departure Systems

Lane Departure systems work by either alerting the driver when the vehicle is about to leave the lane it is travelling in, or by automatically correcting the position of the vehicle by gently steering it back to the middle of the lane.

These systems will activate when the vehicle begins to change lanes without using the indicator and takes information from a camera that monitors the vehicle’s position in the lane. Lane departure systems may be integrated into other warning systems – such as, adaptive cruise control and FCA systems.

Lane Departure Warning (LDW) systems are passive systems that alert the driver that the vehicle is about to, or has, veered out of the current lane.

Lane Keeping Assist (LKA) systems are active systems that incorporate a gentle steering input to redirect the vehicle back into the current lane. These systems may also reduce the acceleration of the vehicle by either braking or reducing engine output. LKA systems are generally less commonly available than LDW systems.

Drivers in vehicles with LDW may experience a warning light, alarm, vibration in the seat or steering wheel or, where LKA is also fitted, steering correction or selective braking.

Safety benefits

LDW systems are estimated to prevent up to 15% of fatal crashes. They may be helpful to recover a vehicle travelling outside the lane due to driver distraction or fatigue, and help combat these safety issues by alerting the driver and correcting the issue.

Onboard Mass monitoring

Onboard Mass (OBM) monitoring systems provide drivers with real-time axle group masses. Sensors attached to scales – or load cells fitted to a vehicle and/or trailer – relay information to a display unit that a driver can check and then make any necessary load adjustments. This is to make sure that the vehicle is not overloaded and that the load is distributed appropriately.

Safety benefits

OBM systems assist in loading the heavy vehicle to the safe and permissible mass limit relevant to the vehicle class. Better accuracy may also promote productivity, as less time will be needed for guesswork when loading and the vehicle can be loaded to its full loading capacity. It also provides drivers with evidence of weights that they can present to authorised officers and other CoR parties.

The benefits associated with being able to accurately load to permissible mass limits include up to a 50% reduction in the number of trips to complete a freight task, which results in lower fuel costs, fewer emissions and better safety due to fewer trucks on the road.

CoR parties also have an opportunity to use OBM to monitor mass compliance by other CoR parties and employees.

Intelligent Speed Assistance

Intelligent Speed Assistance alerts the driver to the legal speed limit and notifies the driver if the speed is exceeded. Speed can be detected through street sign recognition or through GPS data. The operator can set additional parameters to improve safety by ensuring that a driver not only maintains the legal speed, but also an appropriate speed – for example, reducing speed around corners to minimise the risk of vehicle rollover.

Safety benefits

In 2015, inappropriate speed was attributed as the cause of 21.4% of truck incidents reported to National Transport Insurance.^[5]

Fatigue, drowsiness and distraction detection

Fatigue, drowsiness and distraction detection technology could mean the difference between life and death. The technology uses cameras and infra-red and biometric technology to monitor retina visibility and eyelid movements to detect when a driver is potentially fatigued, drowsy or distracted – for example, when they’re using a mobile phone. 
The driver is alerted immediately – which could be through a light, sound, vibration or combination of alerts – to prevent a crash occurring and allowing the driver to pull over to rest. The operator is also alerted and provided with vision of the fatigue event to follow up with the driver, and for debrief and review.

Safety benefits

Fatigue is a known contributor to heavy vehicle crashes. Research suggests that fatigue, drowsiness and distraction detection technologies significantly reduce the frequency of fatigue and distraction events, and may prevent between 4% and 10% of fatal crashes.
 

Technology and the HVNL

Technology plays a significant role under the HVNL with specific technology, such as EWDs, that will improve safety and significantly reduce administrative burden. More information about the benefits of EWDs and a list of approved EWDs can be found at Electronic Work Diary | NHVR.

Installing certain technology may also permit enrolment into regulatory access programs, such as the Intelligent Access Program (Intelligent Access Program (IAP) | NHVR). See the Heavy Vehicle National Law and Regulations | NHVR for more information.

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Resources

Master Code

Guidance and direction on how to effectively introduce a risk management process within your business can be found in Section 3 of the Master Code

Safety Management System (SMS)

Management of safety risks can be more effective with the adoption, development and active use of an SMS.

An SMS is a systematic approach to managing safety – including the necessary organisational structures, accountabilities, policies and procedures – which is integrated throughout the business wherever possible.

An SMS can help you:

• provide a safer work environment for your employees, customers, contractors and the public
• manage your safety duties under the HVNL
• demonstrate your ability to manage risk and ensure safety
• become an employer of choice and preferred supplier to customers
• make informed decisions and increase efficiency
• allocate resources to the most critical areas that have an impact on safety
• reduce costs associated with incidents and accidents.

Regardless of the size of your business, an effective SMS can help you have an appropriate safety focus and comply with your duty to ensure the safety of your transport activities, so far as is reasonably practicable.

Targeted guidance, tools and information about the development and implementation of an SMS is available in the 9 Step SMS Roadmap.

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Understand the HVNL and your primary duty

So far as is reasonably practicable

So far as is reasonably practicable means an action that can reasonably be done in relation to the duty, considering relevant matters such as:

• the likelihood of a safety risk or damage to road infrastructure
• the harm that could result from the risk or damage
• what the person knows, or ought reasonably to know, about the risk or damage
• what the person knows, or ought reasonably to know, about the ways of removing or minimising the risk, or preventing or minimising the damage
• the availability and suitability of those ways
• the cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage.

More information can be found in Regulatory Advice - Reasonably practicable.

Due diligence

Exercising due diligence includes taking reasonable steps to:

• acquire and maintain knowledge about conducting transport activities safely
• understand the nature of the business’s transport activities, including the hazards and risks associated with those activities
• ensure the business has, and uses, appropriate resources to eliminate or minimise the hazards and risks associated with its transport activities
• ensure the business has, and uses, processes to eliminate or minimise the hazards and risks associated with its transport activities, and that information about hazards, risks and incidents is received, considered and responded to in a timely way.

Executive due diligence

Examples of executive due diligence activities include:

• collecting information about incident rates to see if the safety management plan is working
• participating in industry-led forums and safety seminars
• ensuring work procedures are being followed and result in improvements in safety
• ensuring safety incidents are responded to and investigated
• implementing learnings from the investigation of safety incidents.

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References

• ¹ Monash University Driving Health Study 2018
• ^{2, 3, 4, 5}NTC-Research-Paper-Review-of-best-practice-for-heavy-vehicle-telematics.pdf

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