Part 1 Preliminary
1 Short title
This Regulation may be cited as the Heavy Vehicle (Fatigue Management) National Regulation (NSW).
2 Commencement
This Regulation commences in a participating jurisdiction on the day on which Chapter 6 of the Law commences in that jurisdiction.Note—In this Regulation, a reference to ‘the Law’ is a reference to the Heavy Vehicle National Law. See section 12(2) of Schedule 1 of the Heavy Vehicle National Law.
3 Definition
In this Regulation—long/night work time means any work time—(a) in excess of 12 hours in a 24 hour period; or(b) between 12 midnight and 6am (or the equivalent hours in the time zone of the driver’s base if the driver is on a journey in a fatigue-regulated heavy vehicle).Examples• a period of working for 53 minutes in excess of 12 hours in a 24 hour period counts as 1 hour of long/night work time.• a period of working for 141 minutes between 12 midnight and 3 am counts as 2½ hours of long/night work time.
4 Interpretation provisions
(1) Terms used in this Regulation and Chapter 1 or 6 of the Law have the same meanings in this Regulation as they have in Chapter 1 or 6 of the Law.(2) To avoid doubt, sections 244 to 248 of the Law applies when counting time in a period mentioned in the Tables in the Schedules.Example—A reference in column 1 of a Table in the Schedules to any period of a particular number of hours or days is a reference to that number of hours or days as determined by applying section 247 of the Law.
Part 2 Maximum work requirements and minimum rest requirements
Division 1 Standard hours
5 Standard hours—solo drivers
(1) Table 1 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated heavy vehicle.(2) For each period stated in column 1—(a) column 2 states the maximum work time for the driver; and(b) column 3 states the minimum rest time for the driver.Note—Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.(3) A contravention of section 250(1) of the Law for any period stated in column 1 is a breach of the risk category stated in column 4 for the circumstance of the contravention.(4) If, apart from this subsection, the driver would commit a minor risk breach in relation to a total period stated in column 1 that is not more than 24 hours, the driver does not commit the minor risk breach if—(a) the period the driver works in excess of the maximum work time stated in column 2 for the corresponding total period stated in column 1 is not more than 8 minutes; and(b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a).(5) In this section, a reference to a column by number is a reference to the column of that number in Table 1 in Schedule 1.s 5: Am 2015 (824), sec 4.
6 Standard hours—solo drivers of fatigue-regulated buses
(1) Table 2 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated bus.(2) For each period stated in column 1—(a) column 2 states the maximum work time for the driver; and(b) column 3 states the minimum rest time for the driver.Note—Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.(3) A contravention of section 250(1) of the Law for any period stated in column 1 is a breach of the risk category stated in column 4 for the circumstance of the contravention.(4) If, apart from this subsection, the driver would commit a minor risk breach in relation to a total period stated in column 1 that is not more than 24 hours, the driver does not commit the minor risk breach if—(a) the period the driver works in excess of the maximum work time stated in column 2 for the corresponding total period stated in column 1 is not more than 8 minutes; and(b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a).(5) In this section, a reference to a column by number is a reference to the column of that number in Table 2 in Schedule 1.s 6: Am 2015 (824), sec 5.
7 Options about standard hours for solo driver of a fatigue-regulated bus
The solo driver of a fatigue-regulated bus may operate under either, but not both, of the following—(a) the standard hours under section 5;(b) the standard hours under section 6.
8 Standard hours—two-up drivers
(1) Table 3 in Schedule 1 sets out the standard hours for the driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement.(2) For each period stated in column 1—(a) column 2 states the maximum work time for the driver; and(b) column 3 states the minimum rest time for the driver.Note—Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.(3) A contravention of section 251(1) of the Law for any period stated in column 1 is a breach of the risk category stated in column 4 for the circumstance of the contravention.(4) If, apart from this subsection, the driver would commit a minor risk breach in relation to a total period stated in column 1 that is not more than 24 hours, the driver does not commit the minor risk breach if—(a) the period the driver works in excess of the maximum work time stated in column 2 for the corresponding total period stated in column 1 is not more than 8 minutes; and(b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a).(5) In this section, a reference to a column by number is a reference to the column of that number in Table 3 in Schedule 1.s 8: Am 2015 (824), sec 6.
Division 2 BFM hours
9 BFM hours—solo drivers
(1) Table 1 in Schedule 2 sets out the BFM hours for a solo driver of a fatigue-regulated heavy vehicle.(2) For each period stated in column 1—(a) column 2 states the maximum work time for the driver; and(b) column 3 states the minimum rest time for the driver.Note—Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.(3) A contravention of section 254(1) of the Law for any period stated in column 1 is a breach of the risk category stated in column 4 for the circumstance of the contravention.(4) If, apart from this subsection, the driver would commit a minor risk breach in relation to a total period stated in column 1 that is not more than 24 hours, the driver does not commit the minor risk breach if—(a) the period the driver works in excess of the maximum work time stated in column 2 for the corresponding total period stated in column 1 is not more than 8 minutes; and(b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a).(5) In this section, a reference to a column by number is a reference to the column of that number in Table 1 in Schedule 2.s 9: Am 2015 (824), sec 7.
10 BFM hours—two-up drivers
(1) Table 2 in Schedule 2 sets out the BFM hours for the driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement.(2) For each period stated in column 1—(a) column 2 states the maximum work time for the driver; and(b) column 3 states the minimum rest time for the driver.Note—Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.(3) A contravention of section 256(1) of the Law for any period stated in column 1 is a breach of the risk category stated in column 4 for the circumstance of the contravention.(4) If, apart from this subsection, the driver would commit a minor risk breach in relation to the total period of 24 hours stated in column 1, the driver does not commit the minor risk breach if—(a) the period the driver works in excess of the maximum work time of 14 hours stated in column 2 is not more than 8 minutes; and(b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a).(5) In this section, a reference to a column by number is a reference to the column of that number in Table 2 in Schedule 2.s 10: Am 2015 (824), sec 8.
Division 3 AFM hours
11 Risk category for contraventions of AFM hours
(1) A contravention of section 258(1) of the Law is a breach of the following risk category—(a) for a contravention, other than an escalated risk contravention, for a period stated in column 1 of the Table in Part 1 of Schedule 4—the risk category stated in column 2 of the Table for the circumstance of the contravention;(b) for an escalated risk contravention for a period stated in column 1 of Table 2 in Part 2 of Schedule 4—the risk category stated in column 2 of the Table for the circumstance of the contravention.(2) In this section—escalated risk contravention means a contravention involving a driver, for a period stated in column 1 of Table 1 in Part 2 of Schedule 4—(a) working for more than the maximum work time stated in column 2 of the Table for the period; or(b) resting for less than the minimum rest time stated in column 3 of the Table for the period.
Division 4 Exemption hours
12 Risk category for contraventions of exemption hours
A contravention of section 260(1) of the Law for any period of exemption hours that is stated in column 1 of the Table in Schedule 5 is a breach of the risk category stated in column 2 of the Table for the circumstance of the contravention.
Part 3 Work diary requirements
Division 1 Information to be included in work diary
13 Application of Div 1
(1) This Part applies for the purposes of Subdivision 2 of Division 2 of Part 6.4 of the Law.(2) A reference in a provision of this Part—(a) to a day for which information must be recorded under the provision; oris a reference to a day to which section 294 of the Law applies.(b) generally to a day for which information must be recorded;Note—Section 294 of the Law must be read with section 289 of the Law.
14 How information requirements apply to a day
(1) In this Part, the requirement to record information for a day continues to apply for each period of work time and rest time the driver has on that day.(2) However, if the driver stops working on a day and starts a rest break that will continue until the end of the day, the driver may stop recording information for the day when the driver stops working and starts the rest break.
15 Information to be recorded immediately after starting work
(1) Immediately after starting work on a day, the driver must record—(a) the day of the week and date; and(b) the registration number of the fatigue-regulated heavy vehicle; and(c) the driver’s name; and(d) the driver’s current driver licence number; and(e) whether the driver is operating under—(i) standard hours (including whether the driver is operating under standard hours for solo drivers of a fatigue-regulated bus); or(ii) BFM hours; or(iii) AFM hours; or(iv) exemption hours; and(f) whether the driver is a solo driver or operating under a two-up driving arrangement; and(g) if the driver is operating under an operator’s BFM accreditation or a work and rest hours exemption (permit) granted in combination with an operator’s BFM accreditation—the accreditation number for the operator’s BFM accreditation, unless the driver has previously recorded the number and it is still current; and(h) if the driver is operating under an operator’s AFM accreditation or a work and rest hours exemption (permit) granted in combination with an operator’s AFM accreditation—the accreditation number for the operator’s AFM accreditation, unless the driver has previously recorded the number and it is still current; and(i) the address of the driver’s base, unless the driver has previously recorded the address in relation to the work and it is still current; and(j) the address of the driver’s record location, unless the driver has previously recorded the address and it is still current; and(k) the time zone of the driver’s base.(2) For subsection (1), the driver must record the information immediately before the first change from work to rest or immediately after the first change from rest to work, whichever happens earlier on the day.(3) In this section—accreditation number, for a BFM accreditation or AFM accreditation, means the number identifying the accreditation given to the holder of the accreditation—(a) under section 464 of the Law; or(b) for a BFM accreditation or AFM accreditation granted under another law of a participating jurisdiction, under that law.
16 Information to be recorded in relation to a work and rest change
(1) The driver must record the information mentioned in subsections (2) to (5) in relation to a work and rest change—(a) immediately before or after the change; or(b) if the day on which the change happens—(i) is not, at the time of the change, a day for which information must be recorded; butas soon as practicable after the later time.(ii) at a later time (the later time) becomes a day for which information must be recorded;Example—A driver starts work for a day at 11am, undertaking 100km work under standard hours. Under section 294 of the Law, the driver does not have to record information in a work diary.At 1.30pm the driver arranges with the driver’s employer to undertake a journey that day that will take the driver outside the 100km radius from the driver’s base. The driver must then start recording information required under this section in relation to each work and rest change that later happens on the day.The driver must also, as soon as practicable, record the information required under this section in relation to each work and rest change that happened from the start of work at 11am.(2) In relation to a work and rest change on a day, the driver must record—(a) whether the change was—(i) a change from work time to rest time; or(ii) a change from rest time to work time; or(iii) a change from being a solo driver to being a driver who is a party to a two-up driving arrangement; or(iv) a change from being a driver who is a party to a two-up driving arrangement to being a solo driver; and(b) the time of the work and rest change; and(c) the place of the work and rest change; and(d) the odometer reading at the time of the work and rest change, if an odometer is fitted to the fatigue-regulated vehicle; and(e) the registration number of the fatigue-regulated vehicle, unless—(i) the registration number has already been recorded for the day in the diary; and(ii) the driver has not changed vehicles since the record was made.(3) In relation to a work and rest change on a day, the driver must also record the work time or rest time spent anywhere by the driver since—(a) the previous work and rest change on the day; or(b) if there was no previous work and rest change on the day—the start of the day.(4) If—(a) subsection (3(b) applies in relation to a particular work and rest change; and(b) the preceding day was a day for which information must be recorded; andthe driver must also record the work time since that change to the end of the preceding day.(c) the last work and rest change during the preceding day was from rest to work;(5) For work time or rest time recorded under subsection (3) and (4), the driver must record whether it was under a two-up driving arrangement.(6) The driver need not comply with subsection (2)(c) and (d) for a change from rest to work if—(a) the start and end of the rest time are on the same day; and(b) the place and the odometer readings have not changed since the driver recorded them at the start of the rest time.
16A If the driver uses an electronic work diary
(1) This section applies if the driver uses an electronic work diary.(2) The requirement imposed by section 16(2)(c) is taken to be satisfied if the place of the work and rest change is recorded by—(a) the electronic work diary using GNSS functionality; or(b) the driver confirming, with modification or further information for accuracy, the place recorded by the electronic work diary.(3) The requirement imposed by section 16(2)(d) is taken to be satisfied if the odometer reading mentioned in the provision is recorded by the electronic work diary.(4) In this section—GNSS means Global Navigation Satellite System.s 16A: Ins 2015 (824), sec 9.
17 Recording of two-up driver details
(1) Immediately before or after—(a) the driver becomes a party to a two-up driving arrangement on a day; orthe driver must record the information mentioned in subsection (2) about the other driver in the two-up driving arrangement.(b) the first work and rest change on a day in which the driver is a party to a two-up driving arrangement the driver entered into on a preceding day;(2) The information is—(a) the other driver’s name; and(b) the other driver’s current driver licence number and the jurisdiction in which the licence was issued; and(c) the unique identifying page number on the daily sheet in the other driver’s work diary where the other driver has recorded information for the day.(3) Subsection (2)(c) does not apply if—(a) the driver is recording information in an electronic work diary the driver shares with the other driver; or(b) the other driver is recording information in a supplementary record under Subdivision 4 of Division 2 of Part 6.4 of the Law.(4) A driver who is a party to a two-up driving arrangement must—(a) for the purposes of section 299 of the Law—at the request of the other driver, provide the other driver with any details the other driver needs to be able to comply with subsection (1); and(b) for the purposes of section 301(e)(ii) of the Law—sign the other driver's work diary immediately after the information mentioned in subsection (2) is recorded under subsection (1).(5) In this section—unique identifying page number means the number on a work diary daily sheet that contains the unique identifying number of the work diary combined with the page number for the daily sheet.
18 Information to be recorded after change of base, record location or accreditation
(1) For any change on a day of the driver’s base, record location or the accreditation number of the accreditation the driver operates under, the driver must record—(a) for a change of the driver’s base—the date of the change and the address of the new base; or(b) for a change of the driver’s record location—the date of the change and the address of the new record location; or(c) for a change in the accreditation number—the date of the change and the new number.(2) The information mentioned in subsection (1)(a), (b) or (c) must be recorded as soon as practicable after the change happens.(3) In this section—accreditation number has the same meaning as it has in section 15.driver’s base means the driver’s base relevant to work mentioned in section 294(1)(a) and (b) of the Law.record location means the driver’s record location relevant to work mentioned in section 294(1)(a) and (b) of the Law.Note—The section relates only to a base or record location relevant to work mentioned in section 294(1)(a) and (b) of the Law, as opposed to other work about which information may have to be recorded only because it happens on the same day as work mentioned in section 294(1)(a) or (b) of the Law.
18A Change between forms of work diary
(1) If the driver stops using one form of work diary and starts using the other form of work diary, the driver must record, in compliance with subsection (2)—(a) the time and location of the change in both forms of the work diary; and(b) the security number of the written work diary in the electronic work diary.Maximum penalty—$1500(2) The information must be recorded before the driver begins using the other form of work diary, or as soon as practicable.(3) In this section—form of work diary means one or the other of a written work diary or an electronic work diary.s 18A: Ins 2015 (824), sec 10.
19 Recording of total work time and total rest time had on a day
(1) The driver must record for a day the total of the work time and the total of the rest time that the driver has had that day (the relevant day).(2) The driver must make the record under subsection (1) before or at the time the earlier of the following happens—(a) the first work and rest change the driver has on a day, after the relevant day, for which the driver has to record information;(b) the driver is required to comply with section 322 or 341 of the Law in relation to records the driver is required to make or keep for the relevant day.Notes—1If the driver’s record keeper is a person other than the driver, section 322(2) of the Law requires a copy of recorded information to be given to the record keeper within 21 days.2If the driver is his or her own record keeper, section 341(4) of the Law requires the record or a copy of the record to be available within 21 days at the driver’s record location.
Division 2 How information must be recorded in a work diary
20 Application of Div 2
This Part applies for the purposes of Subdivision 3 of Division 2 of Part 6.4 of the Law.
21 Signing and dating daily work sheet
(1) This section applies for the purposes of section 301(e)(i) of the Law.(2) The driver must comply with section 301(e)(i) of the Law in relation to a daily sheet for a day (the relevant day) before or at the time the earlier of the following happens—(a) the first work and rest change the driver has on a day, after the relevant day, for which the driver has to record information;(b) the driver is required to comply with section 322 or 341 of the Law in relation to records the driver is required to make or keep for the relevant day.Notes—1If the driver’s record keeper is a person other than the driver, section 322(2) of the Law requires a copy of recorded information to be given to the record keeper within 21 days.2If the driver is his or her own record keeper, section 341(4) of the Law requires the record or a copy of the record to be available within 21 days at the driver’s record location.
Part 4 Other provisions
22 Multiple minimum rest time requirements
(1) This section applies to each Table in Schedule 1 or 2.(2) A minimum rest time requirement can be fulfilled concurrently with any other minimum rest time requirement, if the rest period taken meets the requirements of each minimum rest time requirement.(3) However, under subsection (2)—(a) a ‘2 night rest breaks’ requirement can not be fulfilled concurrently with a ‘2 night rest breaks taken on consecutive days’ requirement; and(b) a ‘24 continuous hours stationary rest time’ requirement can not be fulfilled concurrently with a ‘24 hours stationary rest time in blocks of at least 7 continuous hours’ requirement; and(c) a ‘24 continuous hours stationary rest time taken after no more than 84 hours work time’ requirement can not be fulfilled concurrently with a ‘24 continuous hours stationary rest time’ requirement.(4) Examples of the operation of subsections (2) and (3) are in Schedule 3.(5) In this section—minimum rest time requirement means a requirement for a minimum rest time stated in column 3 of a Table.
23 Prescribed driver offence or fatigue duty under another law
(1) This section applies for the definitions in sections 228(4) and 229(5) of the Law.(2) The following laws are prescribed for the definitions—• Work Health and Safety Act 2011 (ACT)• Work Health and Safety Act 2011 (NSW)• Work Health and Safety (National Uniform Legislation) Act 2011 (NT)• Work Health and Safety Act 2011 (Qld)• Work Health and Safety Act 2012 (SA)• Work Health and Safety Act 2012 (Tas)• Occupational Health and Safety Act 2004 (Vic)• Occupational Health and Safety Act 1984 (WA)
24 Odometer requirements
(1) This section applies for the purposes of section 396 of the Law.(2) If an odometer (an original odometer) was fitted to a fatigue-regulated heavy vehicle at the time of the vehicle’s manufacture, the owner—(a) must have an odometer (whether the original or another odometer) fitted to the vehicle that complies with subsection (3); and(b) must maintain the odometer as stated in subsection (4).(3) The odometer must have a display that shows the cumulative distance travelled by the vehicle since—(a) the odometer was fitted; or(b) a necessary repair was carried out on the odometer that resulted in a change to the distance shown on the display; or(c) the odometer display reached the limit of the distance able to be displayed and reset to zero.(4) The owner must maintain the odometer to a standard where the display shows the distance travelled to an accuracy of ±10%.
25 Matters authorised officer must have regard to in requiring fatigued driver to stop work
(1) This section applies for the purposes of section 540 of the Law.(2) In deciding the period for which a driver of a fatigue-regulated heavy vehicle will be required to not work again under section 540(2)(a) of the Law, an authorised officer must have regard to the following matters—(a) a period of 7 hours should be considered the minimum reasonable period of rest;(b) a period of 24 hours should be considered a reasonable period of rest.
26 Examples for how to take reasonable steps—identifying and assessing aspects of activities that may lead to contraventions
(1) This section applies for the purposes of sections 623 and 624(1)(a) of the Law.(2) The following are examples of ways a person may identify and assess the aspects of the activities of the person, and relevant drivers for the person, that may lead to a relevant contravention by a relevant driver for the person—(a) reviewing driving or work schedules and work records (including reviewing opportunities for rest time) of relevant drivers for the person;(b) reviewing loading and unloading times and delays at loading and unloading places;(c) reviewing contractual arrangements and documentation relating to the consignment and delivery of goods;(d) regularly assessing and monitoring work health and safety practices;(e) regularly assessing fitness for duty of relevant drivers for the person;(f) analysing injury and incident reports;(g) consulting the following about ways of identifying and assessing the aspects—(i) the relevant drivers for the person;(ii) each other party in the chain of responsibility for the vehicle;(iii) industry bodies;(iv) unions.
27 Examples for how to take reasonable steps—eliminating or minimising risks of contraventions
(1) This section applies for the purposes of sections 623 and 624(1)(b) of the Law.(2) The following are examples of measures a person may take to eliminate or minimise the risks of aspects of activities of the person, or relevant drivers for the person, leading to a relevant contravention by the person or a relevant driver for the person—(a) having workplace procedures and policies relating to fatigue and compliance with maximum work requirements and minimum rest requirements;(b) contingency planning in relation to fatigue and compliance with maximum work requirements and minimum rest requirements;(c) having a program to report and monitor fatigue-regulated incidents, risks and hazards;(d) having a program for assessing fitness for duty of relevant drivers for the person;(e) having training and information about fatigue and compliance with maximum work requirements and minimum rest requirements for relevant drivers for the person, the person’s staff and other parties in the chain of responsibility for the vehicle;(f) having appropriate supervision and management of relevant drivers for the person, the person’s staff and other parties in the chain of responsibility for the vehicle;(g) scheduling arrangements that have regard to fatigue risks and work and rest hours options;(h) allowing for traffic or other delays in scheduling;(i) having a system for giving sufficient notice of schedule changes to relevant drivers for the person;(j) having a system to maintain equipment, work systems and work records;(k) having terms in commercial arrangements with the other parties in the chain of responsibility for the vehicle that are designed to ensure compliance by the parties with laws about fatigue management applying to the parties;(l) avoiding incentives or demands in commercial arrangements that may cause fatigue or breaches of maximum work requirements and minimum rest requirements;(m) having a system for monitoring and remedying problems related to fatigue and compliance with maximum work requirements and minimum rest requirements.
Schedule 1 Standard hours and risk categories for contraventions of standard hours
sections 5, 6 and 8
Table 1 Standard hours—solo driver of fatigue-regulated heavy vehicle
Column 1 | Column 2 | Column 3 | Column 4 | |
Total period | Maximum work time | Minimum rest time | Category of breach | |
Circumstance of contravention | Risk category | |||
In any period of … | … a driver must not work for more than … | … a driver must not rest for less than … | If in that period a driver has … | … the following category of breach is committed … |
5½ hours | 5¼ hours work time | 15 continuous minutes rest time | > 5¼ hours work time | minor risk breach |
8 hours | 7½ hours work time | 30 minutes rest time, in blocks of at least 15 continuous minutes | > 7½ hours work time | minor risk breach |
11 hours | 10 hours work time | 60 minutes rest time, in blocks of at least 15 continuous minutes | ≤ 10¾ hours work time | minor risk breach |
> 10¾ hours work time | substantial risk breach | |||
24 hours | 12 hours work time | ≤ 12¾ hours work time | minor risk breach | |
> 12¾ but not > 13¼ hours work time | substantial risk breach | |||
> 13¼ but not > 13½ hours work time | severe risk breach | |||
> 13½ hours work time | critical risk breach | |||
7 continuous hours stationary rest time | < 7 but not < 6¼ continuous hours stationary rest time | minor risk breach | ||
< 6¼ but not < 5¾ continuous hours stationary rest time | substantial risk breach | |||
< 5¾ but not < 5½ continuous hours stationary rest time | severe risk breach | |||
< 5½ continuous hours stationary rest time | critical risk breach | |||
7 days (168 hours) | 72 hours work time | ≤ 73½ hours work time | minor risk breach | |
>73½ but not > 74½ hours work time | substantial risk breach | |||
> 74½ but not > 75 hours work time | severe risk breach | |||
> 75 hours work time | critical risk breach | |||
24 continuous hours stationary rest time | < 24 but not < 23¼ continuous hours stationary rest time | minor risk breach | ||
< 23¼ but not < 22¾ continuous hours stationary rest time | substantial risk breach | |||
< 22¾ but not < 22½ continuous hours stationary rest time | severe risk breach | |||
< 22½ continuous hours stationary rest time | critical risk breach | |||
14 days (336 hours) | 144 hours work time | ≤ 145½ hours work time | minor risk breach | |
>145½ but not > 146½ hours work time | substantial risk breach | |||
> 146½ but not > 147 hours work time | severe risk breach | |||
> 147 hours work time | critical risk breach | |||
(a) 2 night rest breaks; and | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach | ||
< 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach | |||
< 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach | |||
< 5½ continuous hours stationary rest time for a block | critical risk breach | |||
(b) 2 night rest breaks taken on consecutive days | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach | ||
< 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach | |||
< 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach | |||
< 5½ continuous hours stationary rest time for a block | critical risk breach | |||
Table 2 Standard hours—solo driver of fatigue-regulated bus
Column 1 | Column 2 | Column 3 | Column 4 | |
Total period | Maximum work time | Minimum rest time | Category of breach | |
Circumstance of contravention | Risk category | |||
In any period of … | … a driver must not work for more than … | … a driver must not rest for less than … | If in that period a driver has … | … the following category of breach is committed … |
5½ hours | 5¼ hours work time | 15 continuous minutes rest time | > 5¼ hours work time | minor risk breach |
8 hours | 7½ hours work time | 30 minutes rest time, in blocks of at least 15 continuous minutes | > 7½ hours work time | minor risk breach |
11 hours | 10 hours work time | 60 minutes rest time, in blocks of at least 15 continuous minutes | ≤ 10¾ hours work time | minor risk breach |
> 10¾ hours work time | substantial risk breach | |||
24 hours | 12 hours work time | ≤ 12¾ hours work time | minor risk breach | |
> 12¾ but not > 13¼ hours work time | substantial risk breach | |||
> 13¼ but not > 13½ hours work time | severe risk breach | |||
> 13½ hours work time | critical risk breach | |||
7 continuous hours stationary rest time | < 7 but not < 6¼ continuous hours stationary rest time | minor risk breach | ||
< 6¼ but not < 5¾ continuous hours stationary rest time | substantial risk breach | |||
< 5¾ but not < 5½ continuous hours stationary rest time | severe risk breach | |||
< 5½ continuous hours stationary rest time | critical risk breach | |||
7 days (168 hours) | 6 night rest breaks | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach | |
< 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach | |||
< 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach | |||
< 5½ continuous hours stationary rest time for a block | critical risk breach | |||
28 days (672 hours) | 288 hours work time | ≤ 289½ hours work time | minor risk breach | |
> 289½ but not > 290½ hours work time | substantial risk breach | |||
> 290½ but not > 291 hours work time | severe risk breach | |||
> 291 hours work time | critical risk breach | |||
4 blocks of 24 continuous hours stationary rest time | < 24 but not < 23¼ continuous hours stationary rest time for a block | minor risk breach | ||
< 23¼ but not < 22¾ continuous hours stationary rest time for a block | substantial risk breach | |||
< 22¾ but not < 22½ continuous hours stationary rest time for a block | severe risk breach | |||
< 22½ continuous hours stationary rest time for a block | critical risk breach | |||
Table 3 Standard hours—two-up driver of fatigue-related heavy vehicle
Column 1 | Column 2 | Column 3 | Column 4 | |
Total period | Maximum work time | Minimum rest time | Category of breach | |
Circumstance of contravention | Risk category | |||
In any period of … | … a driver must not work for more than … | … a driver must not rest for less than … | If in that period a driver has … | … the following category of breach is committed … |
5½ hours | 5¼ hours work time | 15 continuous minutes rest time | > 5¼ hours work time | minor risk breach |
8 hours | 7½ hours work time | 30 minutes rest time, in blocks of at least 15 continuous minutes | > 7½ hours work time | minor risk breach |
11 hours | 10 hours work time | 60 minutes rest time, in blocks of at least 15 continuous minutes | ≤ 10¾ hours work time | minor risk breach |
> 10¾ hours work time | substantial risk breach | |||
24 hours | 12 hours work time | ≤ 12¾ hours work time | minor risk breach | |
> 12¾ but not > 13¼ hours work time | substantial risk breach | |||
> 13¼ but not > 13½ hours work time | severe risk breach | |||
> 13½ hours work time | critical risk breach | |||
5 continuous hours stationary rest time, or 5 continuous hours rest time in an approved sleeper berth while the vehicle is moving | < 5 but not < 4¼ continuous hours of the relevant rest time | minor risk breach | ||
< 4¼ but not < 3¾ continuous hours of the relevant rest time | substantial risk breach | |||
< 3¾ but not < 3½ continuous hours of the relevant rest time | severe risk breach | |||
< 3½ continuous hours of the relevant rest time | critical risk breach | |||
52 hours | 10 continuous hours stationary rest time | < 10 but not < 9¼ continuous hours stationary rest time | minor risk breach | |
< 9¼ but not < 8¾ continuous hours stationary rest time | substantial risk breach | |||
< 8¾ but not < 8½ continuous hours stationary rest time | severe risk breach | |||
< 8½ continuous hours stationary rest time | critical risk breach | |||
7 days (168 hours) | 60 hours work time | > 60 hours but not > 61½ hours work time | minor risk breach | |
> 61½ hours but not > 62½ hours work time | substantial risk breach | |||
> 62½ hours but not > 63 hours work time | severe risk breach | |||
> 63 hours work time | critical risk breach | |||
(a) 24 continuous hours stationary rest time; and | < 24 but not < 23¼ continuous hours stationary rest time | minor risk breach | ||
< 23¼ but not < 22¾ continuous hours stationary rest time | substantial risk breach | |||
< 22¾ but not < 22½ continuous hours stationary rest time | severe risk breach | |||
< 22½ continuous hours stationary rest time | critical risk breach | |||
(b) 24 hours stationary rest time in blocks of at least 7 continuous hours | < 24 but not < 23¼ hours stationary rest time in total | minor risk breach | ||
< 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach | |||
< 23¼ but not < 22¾ hours stationary rest time in total | substantial risk breach | |||
< 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach | |||
< 22¾ but not < 22½ hours stationary rest time in total | severe risk breach | |||
< 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach | |||
< 22½ hours stationary rest time in total | critical risk breach | |||
< 5½ continuous hours stationary rest time for a block | critical risk breach | |||
14 days (336 hours) | 120 hours work time | > 120 hours but not > 121½ hours work time | minor risk breach | |
> 121½ hours but not > 122½ hours work time | substantial risk breach | |||
> 122½ hours but not > 123 hours work time | severe risk breach | |||
> 123 hours work time | critical risk breach | |||
(a) 2 night rest breaks; and | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach | ||
< 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach | |||
< 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach | |||
< 5½ continuous hours stationary rest time for a block | critical risk breach | |||
(b) 2 night rest breaks taken on consecutive days | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach | ||
< 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach | |||
< 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach | |||
< 5½ continuous hours stationary rest time for a block | critical risk breach | |||
sch 1: Am 2015 (824), secs 11–13.
Schedule 2 BFM hours and risk categories for contraventions of BFM hours
sections 9 and 10
Table 1 BFM hours—solo driver of fatigue-regulated heavy vehicle
Column 1 | Column 2 | Column 3 | Column 4 | |
Total period | Maximum work time | Minimum rest time | Category of breach | |
Circumstance of contravention | Risk category | |||
In any period of … | … a driver must not work for more than … | … a driver must not rest for less than … | If in that period a driver has … | … the following category of breach is committed … |
6¼ hours | 6 hours work time | 15 continuous minutes rest time | > 6 hours work time | minor risk breach |
9 hours | 8½ hours work time | 30 minutes rest time, in blocks of at least 15 continuous minutes | > 8½ hours work time | minor risk breach |
12 hours | 11 hours work time | 60 minutes rest time, in blocks of at least 15 continuous minutes | ≤ 11¾ hours work time | minor risk breach |
> 11¾ hours work time | substantial risk breach | |||
24 hours | 14 hours work time | ≤ 14¾ hours work time | minor risk breach | |
> 14¾ but not > 15¼ hours work time | substantial risk breach | |||
> 15¼ but not > 15½ hours work time | severe risk breach | |||
> 15½ hours work time | critical risk breach | |||
7 continuous hours stationary rest time | < 7 but not < 6¼ continuous hours stationary rest time | minor risk breach | ||
< 6¼ but not < 5¾ continuous hours stationary rest time | substantial risk breach | |||
< 5¾ but not < 5½ continuous hours stationary rest time | severe risk breach | |||
< 5½ continuous hours stationary rest time | critical risk breach | |||
7 days (168 hours) | 36 hours long/night work time | ≤ 36¾ hours long/night work time | minor risk breach | |
> 36¾ but not > 37¼ hours long/night work time | substantial risk breach | |||
> 37¼ but not > 37½ hours long/night work time | severe risk breach | |||
> 37½ hours long/night work time | critical risk breach | |||
14 days (336 hours) | 144 hours work time | ≤145½ hours work time | minor risk breach | |
>145½ hours but not > 146½ hours work time | substantial risk breach | |||
>146½ hours but not > 147 hours work time | severe risk breach | |||
> 147 hours work time | critical risk breach | |||
(a) 24 continuous hours stationary rest time taken after no more than 84 hours work time; and | < 24 but not < 23¼ continuous hours stationary rest time | minor risk breach breach | ||
< 23¼ but not < 22¾ continuous hours stationary rest time | substantial risk breach | |||
< 22¾ but not < 22½ continuous hours stationary rest time | severe risk breach | |||
< 22½ continuous hours stationary rest time | critical risk breach | |||
(b) 24 continuous hours hours stationary rest time; and | < 24 but not < 23¼ continuous hours stationary rest time | minor risk breach | ||
< 23¼ but not < 22¾ continuous hours stationary rest time | substantial risk breach | |||
< 22¾ but not < 22½ continuous hours stationary rest time | severe risk breach | |||
< 22½ continuous hours stationary rest time in total | critical risk breach | |||
(c) 2 night rest breaks; and | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach | ||
< 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach | |||
< 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach | |||
< 5½ continuous hours stationary rest time for a block | critical risk breach | |||
(d) 2 night rest breaks taken on consecutive days | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach | ||
< 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach | |||
< 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach | |||
< 5½ continuous hours stationary rest time for a block | critical risk breach | |||
Table 2 BFM hours—two-up driver of fatigue-regulated heavy vehicle
Column 1 | Column 2 | Column 3 | Column 4 | |
Total period | Maximum work time | Minimum rest time | Category of breach | |
Circumstance of contravention | Risk category | |||
In any period of … | … a driver must not work for more than … | … a driver must not rest for less than … | If in that period a driver has … | … the following category of breach is committed … |
24 hours | 14 hours work time | ≤ 14¾ hours work time | minor risk breach | |
> 14¾ but not > 15¼ hours work time | substantial risk breach | |||
> 15¼ but not > 15½ hours work time | severe risk breach | |||
> 15½ hours work time | critical risk breach | |||
82 hours | 10 continuous hours stationary rest time | < 10 but not < 9¼ continuous hours stationary rest time | minor risk breach | |
< 9¼ but not < 8¾ continuous hours stationary rest time | substantial risk breach | |||
< 8¾ but not < 8½ continuous hours stationary rest time | severe risk breach | |||
< 8½ continuous hours stationary rest time | critical risk breach | |||
7 days (168 hours) | 70 hours work time | > 70 but not > 71½ hours work time | minor risk breach | |
> 71½ hours but not > 72½ hours work time | substantial risk breach | |||
> 72½ hours but not > 73 hours work time | severe risk breach | |||
> 73 hours work time | critical risk breach | |||
(a) 24 continuous hours stationary rest time; and | < 24 but not < 23¼ continuous hours stationary rest time | minor risk breach | ||
< 23¼ but not < 22¾ continuous hours stationary rest time | substantial risk breach | |||
< 22¾ but not < 22½ continuous hours stationary rest time | severe risk breach | |||
< 22½ continuous hours stationary rest time | critical risk breach | |||
(b) 24 hours stationary rest time in blocks of at least 7 continuous hours | < 24 but not < 23¼ hours stationary rest time in total | minor risk breach | ||
< 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach | |||
< 23¼ but not < 22¾ hours stationary rest time in total | substantial risk breach | |||
< 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach | |||
< 22¾ but not < 22½ hours stationary rest time in total | severe risk breach | |||
< 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach | |||
< 22½ hours stationary rest time in total | critical risk breach | |||
< 5½ continuous hours stationary rest time for a block | critical risk breach | |||
14 days (336 hours) | 140 hours work time | ≤141½ hours work time | minor risk breach | |
>141½ hours but not > 142½ hours work time | substantial risk breach | |||
>142½ hours but not > 143 hours work time | severe risk breach | |||
> 143 hours work time | critical risk breach | |||
4 night rest breaks | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach | ||
< 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach | |||
< 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach | |||
< 5½ continuous hours stationary rest time for a block | critical risk breach | |||
Schedule 3 Examples of concurrent fulfilment of minimum rest time requirements
section 22
Example 1
(1) A solo driver working under standard hours intends to work the following 14 day schedule—• work 6 consecutive days for 10 hours a day; then• take 24 continuous hours of stationary rest on the 7th day; then• again work 6 consecutive days for 10 hours a day; then• on the 14th day, take another 24 continuous hours of stationary rest.(2) Referring to Table 1 in Schedule 1, in addition to working for no longer than the maximum work times in Column 2, a solo driver under standard hours must have at least the following rest times (Column 3)—• the minimum rest required for periods of 5½ hours, 8 hours and 11 hours;• 7 continuous hours of stationary rest in every 24 hour period;• 24 continuous hours of stationary rest in every 7 days;• 4 night rest breaks in every 14 days, 2 of which must be on consecutive days.(3) Section 5 of the Law states that a night rest break is either 7 continuous hours of stationary rest between 10pm on a day and 8am on the next day, or 24 continuous hours of stationary rest time.(4) Under section 22, the driver will automatically meet a requirement for 1 night rest break when the driver takes 24 continuous hours or more of stationary rest, regardless of whether the 24 hour period includes 7 continuous hours between 10pm on a day and 8am on the next day.(5) Therefore, the driver's schedule over the 14 day period will meet the requirement for a minimum of 24 continuous hours of stationary rest in every 7 days and 2 of the 4 required night rest breaks.(6) The driver—(a) must take at least 2 additional night rest breaks over the 14 day period; and(b) to fulfil the requirement that 2 night rest breaks be on consecutive days, the driver may either—(i) take the 2 additional night rest breaks on consecutive days; or(ii) take at least 1 of the additional night rest breaks on a day that is consecutive to 1 of the periods of 24 continuous hours of stationary rest taken by the driver.(7) Section 22 also allows the driver to fulfil the minimum rest time requirements in a number of additional ways, including, for example—(a) the minimum rest time requirements for Column 1 periods of 5½ hours, 8 hours and 11 hours may be fulfilled concurrently with any of the other minimum rest time requirements for Column 1 periods of 5½ hours, 8 hours, 11 hours, 24 hours, 7 days and 14 days; and(b) a night rest break requirement may be fulfilled concurrently with the requirement for 7 continuous hours of stationary rest in every 24 hour period, if the rest period taken includes at least 7 continuous hours of stationary rest between 10pm on a day and 8am on the following day; and(c) the requirement for 7 continuous hours of stationary rest in every 24 hour period may be fulfilled concurrently with the requirement for 24 continuous hours of stationary rest in every 7 day period.
Example 2
(1) A driver only works under a two-up driving arrangement under BFM hours.(2) Referring to Table 2 in Schedule 2, in addition to working for no longer than the maximum work times in Column 2, the driver must have at least the following rest time periods (Column 3)—• 10 continuous hours of stationary rest in every 82 hour period (referred to in this example as requirement A);• 24 continuous hours of stationary rest in every 7 days (referred to in this example as requirement B);• 24 hours of stationary rest in blocks of at least 7 continuous hours in every 7 days (referred to in this example as requirement C); and• 4 night rest breaks in every 14 days (referred to in this example as requirement D).(3) Section 22 allows the driver to fulfil these requirements in a number of ways, including, for example—(a) requirement A can be fulfilled concurrently with a block of at least 10 hours under requirement C, and, if at least 7 hours of the rest period taken are between 10pm on a day and 8am the next day, this can also fulfil the requirement for 1 of the night rest breaks under requirement D; or(b) requirement B can be fulfilled concurrently with requirement A and the requirement for 1 of the night rests under requirement D.(4) However, under section 22(3), the driver cannot fulfil requirement B concurrently with requirement C.
Schedule 4 Risk categories for contraventions of AFM hours
section 11
Part 1 General
Table Categories of contraventions generally applicable
Column 1 | Column 2 | ||
Total period | Category of breach | ||
Circumstance of contravention relating to work time | Circumstance of contravention relating to rest time | Risk category | |
In any period of … | If a driver has exceeded the maximum work time by … | If a driver has had less than the minimum rest time by … | … the following category of breach is committed … |
Less than 7 days | ≤ 45 minutes work time | ≤ 45 minutes rest time | minor risk breach |
> 45 but ≤ 75 minutes work time | > 45 but ≤ 75 minutes rest time | substantial risk breach | |
> 75 but ≤ 90 minutes work time | > 75 but ≤ 90 minutes rest time | severe risk breach | |
> 90 minutes work time | > 90 minutes rest time | critical risk breach | |
28 days, if the period is 7 days or more | ≤ 1½ hours work time | minor risk breach | |
> 1½ but ≤ 2½ hours work time | substantial risk breach | ||
> 2½ but ≤ 3 hours work time | severe risk breach | ||
> 3 hours work time | critical risk breach | ||
Part 2 Escalated risk contraventions
Table 1 Thresholds for escalated risk contraventions
Column 1 | Column 2 | Column 3 |
Total period | Maximum work time | Minimum rest time |
In any period of … | … a driver must not work for more than … | … a driver must not rest for less than … |
24 hours | 15½ hours work time | 7 continuous hours stationary rest time (or in the case of a driver who is a party to a two-up driving arrangement, 7 continuous hours of stationary rest time or rest time in an approved sleeper berth while the vehicle is moving) |
14 days (336 hours) | 154 hours work time | 30 continuous hours stationary rest time that includes the periods 12am to 6 am on a day and 12am to 6 am on the following day, using the time zone of the driver’s base |
28 days (672 hours) | 288 hours work time |
Table 2 Categories of contraventions for escalated risk contraventions
Column 1 | Column 2 | ||
Total period | Category of breach | ||
Circumstance of contravention relating to work time | Circumstance of contravention relating to rest time | Risk category | |
In any period of … | If a driver has exceeded the maximum work time by … | If a driver has had less than the minimum rest time by … | … the following category of breach is committed … |
Less than 7 days | ≤ 15 minutes work time | ≤ 15 minutes rest time | substantial risk breach |
> 15 minutes but ≤ 30 minutes work time | > 15 minutes but ≤ 30 minutes rest time | severe risk breach | |
> 30 minutes work time | > 30 minutes rest time | critical risk breach | |
28 days, if the period is 7 days or more | ≤ 30 minutes work time | substantial risk breach | |
> 30 minutes but ≤ 1 hour work time | severe risk breach | ||
> 1 hour work time | critical risk breach | ||
Schedule 5 Risk categories for contraventions of exemption hours
section 12
Table Exemption hours—categories of breaches
Column 1 | Column 2 | ||
Total period | Category of breach | ||
Circumstance of contravention relating to work time | Circumstance of contravention relating to rest time | Risk category | |
In any period of … | If a driver has exceeded the maximum work time by … | If a driver has had less than the minimum rest time by … | … the following category of breach is committed … |
Less than 7 days | ≤ 45 minutes work time | ≤ 45 minutes rest time | minor risk |
> 45 but ≤ 75 minutes work time | > 45 but ≤ 75 minutes rest time | substantial risk | |
> 75 but ≤ 90 minutes work time | > 75 but ≤ 90 minutes rest time | severe risk | |
> 90 minutes work time | > 90 minutes rest time | critical risk | |
28 days, if the period is 7 days or more | ≤ 1½ hours work time | minor risk | |
> 1½ but ≤ 2½ hours work time | substantial risk | ||
> 2½ but ≤ 3 hours work time | severe risk | ||
> 3 hours work time | critical risk | ||