Driving whilst fatigued can pose a significant risk of accident.
As such, the criminal law in Australia has a number of discrete
offences dealing with fatigue whilst driving heavy vehicles as well
as reckless, negligent and dangerous driving laws applicable to all
drivers.
The following outlines offences related to fatigued driving,
noting relevant criminal penalties and possible defences.
Fatigue Specific Offences For Heavy Vehicles
The Heavy Vehicle National Law (HVNL) applies to all
drivers of 'fatigue-regulated heavy vehicles' in the
Australian Capital Territory, New South Wales, Queensland, South
Australia, Tasmania and Victoria.
What is a fatigue-regulated heavy vehicle'?
A 'fatigue-regulated heavy vehicle' includes any vehicle
with a gross vehicle mass exceeding 12 tonnes (such as a truck) as
well as buses with a gross vehicle mass exceeding 4.5 tonnes that
are designed to carry 12 or more people.
