In the proposed regulations, drivers could drive 6 nights a week indefinitely which would lead to chronic fatigue. The proposed regulations still make no distinction between hours worked at night and those worked during the day this is by far the most serious concern of the expert panel, and it has not been addressed at all. The risk associated with night driving especially when combined with inadequate sleep is very clear. The history of other such initiatives strongly suggests that educational programs will be ineffective in dealing with this problem. The very least that the proposed regulations should include is a 2 night off requirement per cycle for drivers who have been driving in the midnight to 6 a.m. period.
Government regulations make a statement about what is important and encourage particular practices.
By ignoring the day vs. night issue in the proposed regulation, no message is given to industry about the importance of night sleep. The discussion paper proposes policies without any basis for assessing how they would affect hours worked, let alone safety. A survey of actual hours of work needs to be carried out. It may well be possible to develop better policies, with the same or even less economic impact. Furthermore, hours worked should be evaluated after the regulations come into force, to ensure the change is towards improved safety.