Heavy vehicle operators will soon need to look beyond fatigue management following significant changes to the Heavy Vehicle National Law (HVNL), with a new ‘unfit to drive’ duty coming into effect on 1 August 2026.
The expanded duty is part of the 2025 HVNL amendments and broadens existing obligations. It recognises that a driver’s ability to operate a heavy vehicle safely can be affected by a wide range of physical, mental and emotional factors, not just fatigue.
Under the amended law, drivers of all heavy vehicles over 4.5 tonnes must not drive while impaired by fatigue or if they are otherwise unfit to drive. Previously, the fatigue-related duty applied only to fatigue-regulated heavy vehicles, generally those over 12 tonnes.
Changes to be implemented
The NHVR said the new duty recognises that health and fitness issues can significantly impact a driver’s ability to safely operate a heavy vehicle.
A driver may be considered unfit to drive if they are not of sufficiently good health or fit to drive at the time they are operating a vehicle. This could be caused by:
- Physical or mental health conditions
- Temporary illnesses such as the flu
- Physical injuries
- Medication side effects
- Alcohol or illicit drug use
- Psychological or emotional distress
- Fatigue and sleep deprivation
- Medical episodes such as low blood sugar levels
The duty applies before, during and between shifts, requiring drivers to continuously assess whether they are fit to drive safely.
Drivers legally empowered to stop driving
The NHVR said the reforms are intended to empower drivers to make safe decisions when their health or fitness is compromised.
Drivers must:
- Ensure they are fit to drive before starting a shift.
- Not commence driving if they are unfit for any reason.
- Monitor their fitness throughout their journey.
- Stop driving if they become unfit during a shift.
- Take appropriate action before returning to work if they are unfit.
The regulator said the new duty operates in much the same way as existing fatigue obligations, giving drivers a clear legal basis to refuse or stop work if they are unable to drive safely.
Expanded Chain of Responsibility obligations
The changes apply not only to drivers. Parties within the Chain of Responsibility (CoR), including operators and schedulers, must ensure their business practices do not cause or encourage a driver to operate a heavy vehicle while unfit.
The NHVR said businesses are required to support drivers in stopping work when necessary and ensure they are fit to drive before getting behind the wheel.
More than fatigue management
According to the NHVR, fitness to drive extends beyond meeting medical licensing requirements or complying with work and rest hours.
The regulator said drivers should regularly ask themselves questions such as:
- Am I tired, drowsy or exhausted?
- Can I clearly perceive my surroundings?
- Am I alert and able to make safe decisions?
- Am I experiencing pain or restricted movement?
- Am I experiencing psychological or emotional distress?
- Am I affected by alcohol, illicit drugs or medication?
The NHVR also said pre-shift self-assessment tools and checklists can assist drivers in making informed decisions about their fitness to drive, provided they are used as genuine safety tools rather than compliance exercises.
What operators should do before 1 August
Industry stakeholders are encouraging operators to prepare for the reforms ahead of their commencement date. Key considerations include:
- Updating fatigue management policies to include all impairment categories.
- Implementing documented fitness-to-drive reporting processes.
- Establishing clear driver stand-down procedures.
- Training schedulers and managers on the expanded obligations.
- Reviewing pre-start processes and driver declarations.
- Including heavy vehicles between 4.5 and 12 tonnes within fitness-to-drive procedures if they are not already covered.
Importantly, the changes do not extend work diary or fatigue-recording requirements to vehicles between 4.5 and 12 tonnes. The reforms apply only to the new fitness-to-drive obligations.
Business as usual for roadside enforcement
The introduction of the new duty has raised questions within the industry about how it will be enforced.
In a previous article published on Big Rigs, NHVR Director of Strategic Policy Paul Daly said roadside interactions with Safety and Compliance Officers would largely remain unchanged.
“I’ve been asked how NHVR’s Safety and Compliance Officers (SCOs) will enforce this. The answer is they’ll be doing exactly what they are already doing,” he said.
“If they see an obvious sign you are unfit to drive, they will take action. If they don’t see any obvious signs, they won’t be taking any action.”
He said the reforms simply formalise broader workplace health and safety expectations that already apply across Australian workplaces.
“What’s been happening for the past decade will continue happening, we’re just shining more of a light into it in our legislation.”
Mr Daly added that being unfit to drive can encompass both physical and mental wellbeing, citing examples such as severe headaches, injuries, sleep deprivation and psychological factors that could affect a driver’s ability to safely operate a heavy vehicle.
The expanded ‘unfit to drive’ duty comes into effect on 1 August 2026 as part of the broader Heavy Vehicle National Law reforms.
Did you find this article interesting? Click the ‘heart’ button above to give it a ‘like’!
