Duties for managing fatigue and fitness to drive

The content on this page includes amendments due to changes to the Heavy Vehicle National Law and Regulations that commence on 1 August 2026 and only relates to the new act. For more information, please see HVNL reform implementation.

Under the Heavy Vehicle National Law (HVNL), the driver's duty to not drive while impaired by fatigue or otherwise unfit and the Primary Duty are separate legislative obligations.

What is the driver's duty not to drive while impaired by fatigue or otherwise unfit?

All heavy vehicle drivers have a duty under section 228 of the HVNL to not drive a heavy vehicle on a road if impaired by fatigue or otherwise unfit to drive.

Section 225 of the HVNL defines impaired by fatigue and unfit to drive as follows:

  1. A driver is impaired by fatigue if the driver’s ability to drive a heavy vehicle on a road safely is affected by fatigue.
  2. A driver of a heavy vehicle is unfit to drive the heavy vehicle on a road if the driver is not of sufficiently good health or fitness to drive the heavy vehicle safely.

Complying with work and rest requirements does not necessarily mean a driver is fit to drive. A driver may still experience fatigue, illness, injury, or other physical or mental health conditions that affect their ability to safely drive a heavy vehicle.

Signs a driver may be impaired by fatigue or otherwise unfit to drive include:

  • difficulty concentrating
  • poor judgement or memory
  • slower reaction times
  • drowsiness
  • impaired coordination or motor control
  • psychological or emotional distress.

Drivers should be aware of these signs and take appropriate action if they are no longer fit to drive.

What is the Primary Duty?

The Primary Duty is the obligation on parties in the Chain of Responsibility (CoR) to ensure, so far as is reasonably practicable, the safety of transport activities.

The parties in the CoR are defined under the HVNL. It is expected that a business whose employees perform CoR roles or functions will lead the management of safety risks and discharge the Primary Duty.

The Primary Duty has two key parts that are relevant to ensuring fitness to drive.

First, CoR parties must manage risks associated with their transport activities, which includes ensuring only people who are fit to drive are behind the wheel of a heavy vehicle. This requires taking reasonable steps to ensure driver fitness, which for CoR parties may include actively engaging with drivers about:

  • Fatigue management
  • Physical and mental health and fitness
  • Providing information and training about healthy lifestyles
  • Creating opportunity to make and keep appointments to manage their health
  • Fostering a strong positive safety culture.

More information about managing driver fatigue, health and fitness is available in the 2026 Master Code of Practice. 

Second, CoR parties must not directly or indirectly cause or encourage a driver to breach the HVNL. As section 228 makes it an offence for a driver to drive while impaired by fatigue or otherwise unfit to drive, a CoR party may breach the Primary Duty if it causes or encourages a person to drive when they are impaired by fatigue or unfit to drive.

Unlike the risk management element of the Primary Duty, this is not based on an assessment of risk. If a CoR party causes or encourages a driver who is impaired by fatigue or otherwise unfit to drive, they are in breach of their Primary Duty under the HVNL. Penalties for breaching the Primary Duty are serious, including substantial fines and potential terms of imprisonment.

Why is it important to connect these duties?

The driver’s duty not to drive while fatigued or otherwise unfit and the Primary Duty and are different but complementary legislative obligations.
Drivers must assess their own fitness to drive and must not drive while impaired by fatigue or otherwise unfit. They should also report any issues with fitness to drive or fatigue to their employer or supervisor.

Parties in the CoR must ensure the safety of their transport activities under the HVNL. This includes managing the risks of fatigue and fitness to drive and support and empower drivers to making safe decisions about their fitness to drive without fear of reprisal. Requiring a driver to drive who is fatigued or unfit to drive is a breach of the Primary Duty. 

Together, these duties help keep the public safe when a heavy vehicle is used on a road.

Resources

The following resources can assist parties in the CoR to support fatigue management and fitness to drive:

The following resources can assist drivers to understand and manage fatigue and fitness to drive:

www.nhvr.gov.au