The heavy vehicle industry is voicing strong concerns over proposed amendments to the Heavy Vehicle National Law (HVNL) that introduce a new “fit to drive” duty — a change many believe could create serious uncertainty and added pressure for drivers already operating under strict compliance obligations.
Under the draft amendments, drivers would be required to continually self-assess their fitness to drive, covering not only fatigue but also factors such as illness, stress, substance use, or any physical or mental health conditions that could affect safety.
The proposed changes would also give authorised officers — including NHVR officials and police — the power to stop a vehicle if they perceive the driver to be “unfit to drive.”
The maximum penalty for a breach of this new duty could increase from $6,000 to $20,000, dramatically raising the stakes for drivers and operators alike.
Industry Concerns
Across the transport sector, drivers and operators have expressed deep concern about how these new rules would be interpreted and enforced.
The key issue raised by industry representatives is the subjectivity of determining whether a driver is “fit to drive.” Without a clear definition or objective criteria, many fear that drivers could be unfairly penalised based on perception rather than fact.
There are also broader worries that the new law could make it even harder to attract and retain drivers in an industry already struggling with workforce shortages.
Operators have highlighted the potential operational and legal challenges of assessing driver fitness — particularly when the responsibility overlaps between drivers, employers, and regulators under the Chain of Responsibility framework.
What the Proposed Law Covers
If passed, the “fit to drive” duty would apply to all heavy vehicle drivers operating vehicles over 4.5 tonnes, not just those driving fatigue-regulated vehicles over 12 tonnes.
Employers, schedulers, and operators would also have greater responsibility to support driver health and wellbeing, which could include:
- Updating driver health and safety policies
- Providing training on self-assessment and fatigue management
- Implementing systems for early identification of health issues
- Ensuring safe scheduling practices that reduce stress and fatigue
Legal experts note that these new obligations could expose businesses to significant penalties if they fail to take reasonable steps to ensure their drivers are fit for duty.
Public Consultation Now Open
The proposed amendments to the HVNL are currently open for public consultation, giving industry stakeholders and drivers the opportunity to provide feedback before the legislation is finalised.
Consultation is focused on four key areas of the updated Heavy Vehicle National Law, and submissions are encouraged from anyone affected by the proposed changes — including drivers, operators, fleet managers, and industry associations.
The Bottom Line
The “fit to drive” proposal represents one of the most significant shifts in driver responsibility in recent years.
While the aim of improving road safety is widely supported, many across the industry believe these changes must be clearer, fairer, and developed in closer consultation with those who live and work under these laws every day.
With public consultation now underway, it’s critical that drivers and operators make their voices heard — to help shape legislation that protects safety without adding unnecessary pressure to an already stretched workforce.