{"id":"qld:sl-2013-0078","name":"Heavy Vehicle (Fatigue Management) National Regulation","slug":"heavy-vehicle-fatigue-management-national-regulation","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"78 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175635,"registerId":"qld-qld:sl-2013-0078-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Regulation may be cited as the Heavy Vehicle (Fatigue Management) National Regulation .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Regulation commences in a participating jurisdiction on the day on which Chapter 6 of the Law commences in that jurisdiction.\nIn 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.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definition","content":"### sec.3 Definition\n\nIn this Regulation—\nlong/night work time means any work time—\nin excess of 12 hours in a 24 hour period; or\nbetween 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).\na 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.\na period of working for 141 minutes between 12 midnight and 3 am counts as 2½ hours of long/night work time.\n- (a) in excess of 12 hours in a 24 hour period; or\n- (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).\n- • 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.\n- • a period of working for 141 minutes between 12 midnight and 3 am counts as 2½ hours of long/night work time.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Interpretation provisions","content":"### sec.4 Interpretation provisions\n\nTerms 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.\nTo avoid doubt, sections 244 to 248 of the Law applies when counting time in a period mentioned in the Tables in the Schedules.\nA 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.\n(sec.4-ssec.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.\n(sec.4-ssec.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. 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.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Maximum work requirements and minimum rest requirements","content":"# Maximum work requirements and minimum rest requirements","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Standard hours","content":"## Standard hours","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Standard hours—solo drivers","content":"### sec.5 Standard hours—solo drivers\n\nTable 1 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated heavy vehicle.\nFor each period stated in column 1—\ncolumn 2 states the maximum work time for the driver; and\ncolumn 3 states the minimum rest time for the driver.\nColumn 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.\nA 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.\nIf, 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—\nthe 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\nthe driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a) .\nIn this section, a reference to a column by number is a reference to the column of that number in Table 1 in Schedule 1 .\ns 5 amd 2015 SL No. 188 s 4\n(sec.5-ssec.1) Table 1 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated heavy vehicle.\n(sec.5-ssec.2) For each period stated in column 1— column 2 states the maximum work time for the driver; and column 3 states the minimum rest time for the driver. Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.\n(sec.5-ssec.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.\n(sec.5-ssec.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— 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 the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a) .\n(sec.5-ssec.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 .\n- (a) column 2 states the maximum work time for the driver; and\n- (b) column 3 states the minimum rest time for the driver.\n- (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\n- (b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a) .","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Standard hours—solo drivers of fatigue-regulated buses","content":"### sec.6 Standard hours—solo drivers of fatigue-regulated buses\n\nTable 2 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated bus.\nFor each period stated in column 1—\ncolumn 2 states the maximum work time for the driver; and\ncolumn 3 states the minimum rest time for the driver.\nColumn 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.\nA 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.\nIf, 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—\nthe 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\nthe driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a) .\nIn this section, a reference to a column by number is a reference to the column of that number in Table 2 in Schedule 1 .\ns 6 amd 2015 SL No. 188 s 5\n(sec.6-ssec.1) Table 2 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated bus.\n(sec.6-ssec.2) For each period stated in column 1— column 2 states the maximum work time for the driver; and column 3 states the minimum rest time for the driver. Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.\n(sec.6-ssec.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.\n(sec.6-ssec.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— 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 the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a) .\n(sec.6-ssec.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 .\n- (a) column 2 states the maximum work time for the driver; and\n- (b) column 3 states the minimum rest time for the driver.\n- (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\n- (b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a) .","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Options about standard hours for solo driver of a fatigue-regulated bus     ","content":"### sec.7 Options about standard hours for solo driver of a fatigue-regulated bus     \n\nThe solo driver of a fatigue-regulated bus may operate under either, but not both, of the following—\nthe standard hours under section 5 ;\nthe standard hours under section 6 .\n- (a) the standard hours under section 5 ;\n- (b) the standard hours under section 6 .","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Standard hours—two-up drivers","content":"### sec.8 Standard hours—two-up drivers\n\nTable 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.\nFor each period stated in column 1—\ncolumn 2 states the maximum work time for the driver; and\ncolumn 3 states the minimum rest time for the driver.\nColumn 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.\nA 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.\nIf, 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—\nthe 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\nthe driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a) .\nIn this section, a reference to a column by number is a reference to the column of that number in Table 3 in Schedule 1 .\ns 8 amd 2015 SL No. 188 s 6\n(sec.8-ssec.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.\n(sec.8-ssec.2) For each period stated in column 1— column 2 states the maximum work time for the driver; and column 3 states the minimum rest time for the driver. Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.\n(sec.8-ssec.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.\n(sec.8-ssec.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— 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 the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a) .\n(sec.8-ssec.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 .\n- (a) column 2 states the maximum work time for the driver; and\n- (b) column 3 states the minimum rest time for the driver.\n- (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\n- (b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a) .","sortOrder":10},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"BFM hours","content":"## BFM hours","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"BFM hours—solo drivers","content":"### sec.9 BFM hours—solo drivers\n\nTable 1 in Schedule 2 sets out the BFM hours for a solo driver of a fatigue-regulated heavy vehicle.\nFor each period stated in column 1—\ncolumn 2 states the maximum work time for the driver; and\ncolumn 3 states the minimum rest time for the driver.\nColumn 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.\nA 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.\nIf, 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—\nthe 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\nthe driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a) .\nIn this section, a reference to a column by number is a reference to the column of that number in Table 1 in Schedule 2 .\ns 9 amd 2015 SL No. 188 s 7\n(sec.9-ssec.1) Table 1 in Schedule 2 sets out the BFM hours for a solo driver of a fatigue-regulated heavy vehicle.\n(sec.9-ssec.2) For each period stated in column 1— column 2 states the maximum work time for the driver; and column 3 states the minimum rest time for the driver. Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.\n(sec.9-ssec.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.\n(sec.9-ssec.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— 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 the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a) .\n(sec.9-ssec.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 .\n- (a) column 2 states the maximum work time for the driver; and\n- (b) column 3 states the minimum rest time for the driver.\n- (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\n- (b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a) .","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"BFM hours—two-up drivers","content":"### sec.10 BFM hours—two-up drivers\n\nTable 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.\nFor each period stated in column 1—\ncolumn 2 states the maximum work time for the driver; and\ncolumn 3 states the minimum rest time for the driver.\nColumn 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.\nA 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.\nIf, 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—\nthe 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\nthe driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a) .\nIn this section, a reference to a column by number is a reference to the column of that number in Table 2 in Schedule 2 .\ns 10 amd 2015 SL No. 188 s 8\n(sec.10-ssec.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.\n(sec.10-ssec.2) For each period stated in column 1— column 2 states the maximum work time for the driver; and column 3 states the minimum rest time for the driver. Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.\n(sec.10-ssec.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.\n(sec.10-ssec.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— 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 the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a) .\n(sec.10-ssec.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 .\n- (a) column 2 states the maximum work time for the driver; and\n- (b) column 3 states the minimum rest time for the driver.\n- (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\n- (b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a) .","sortOrder":13},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"AFM hours","content":"## AFM hours","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Risk category for contraventions of AFM hours","content":"### sec.11 Risk category for contraventions of AFM hours\n\nA contravention of section 258 (1) of the Law is a breach of the following risk category—\nfor 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;\nfor 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;\nIn this section—\nescalated risk contravention means a contravention involving a driver, for a period stated in column 1 of Table 1 in Part 2 of Schedule 4 —\nworking for more than the maximum work time stated in column 2 of the Table for the period; or\nresting for less than the minimum rest time stated in column 3 of the Table for the period.\n(sec.11-ssec.1) A contravention of section 258 (1) of the Law is a breach of the following risk category— 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; 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;\n(sec.11-ssec.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 — working for more than the maximum work time stated in column 2 of the Table for the period; or resting for less than the minimum rest time stated in column 3 of the Table for the period.\n- (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;\n- (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;\n- (a) working for more than the maximum work time stated in column 2 of the Table for the period; or\n- (b) resting for less than the minimum rest time stated in column 3 of the Table for the period.","sortOrder":15},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Exemption hours","content":"## Exemption hours","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Risk category for contraventions of exemption hours","content":"### sec.12 Risk category for contraventions of exemption hours\n\nA 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.","sortOrder":17},{"sectionNumber":"pt.3","sectionType":"part","heading":"Work diary requirements","content":"# Work diary requirements","sortOrder":18},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Information to be included in work diary","content":"## Information to be included in work diary","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Application of Div 1","content":"### sec.13 Application of Div 1\n\nThis Part applies for the purposes of Subdivision 2 of Division 2 of Part 6.4 of the Law.\nA reference in a provision of this Part —\nto a day for which information must be recorded under the provision; or\ngenerally to a day for which information must be recorded;\nis a reference to a day to which section 294 of the Law applies.\nSection 294 of the Law must be read with section 289 of the Law.\n(sec.13-ssec.1) This Part applies for the purposes of Subdivision 2 of Division 2 of Part 6.4 of the Law.\n(sec.13-ssec.2) A reference in a provision of this Part — to a day for which information must be recorded under the provision; or generally to a day for which information must be recorded; is a reference to a day to which section 294 of the Law applies. Section 294 of the Law must be read with section 289 of the Law.\n- (a) to a day for which information must be recorded under the provision; or\n- (b) generally to a day for which information must be recorded;","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"How information requirements apply to a day","content":"### sec.14 How information requirements apply to a day\n\nIn 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.\nHowever, 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.\n(sec.14-ssec.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.\n(sec.14-ssec.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.","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Information to be recorded immediately after starting work","content":"### sec.15 Information to be recorded immediately after starting work\n\nImmediately after starting work on a day, the driver must record—\nthe day of the week and date; and\nthe registration number of the fatigue-regulated heavy vehicle; and\nthe driver’s name; and\nthe driver’s current driver licence number; and\nwhether the driver is operating under—\nstandard hours (including whether the driver is operating under standard hours for solo drivers of a fatigue-regulated bus); or\nBFM hours; or\nAFM hours; or\nexemption hours; and\nwhether the driver is a solo driver or operating under a two-up driving arrangement; and\nif 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\nif 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\nthe 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\nthe address of the driver’s record location, unless the driver has previously recorded the address and it is still current; and\nthe time zone of the driver’s base.\nFor 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.\nIn this section—\naccreditation number , for a BFM accreditation or AFM accreditation, means the number identifying the accreditation given to the holder of the accreditation—\nunder section 464 of the Law; or\nfor a BFM accreditation or AFM accreditation granted under another law of a participating jurisdiction, under that law.\n(sec.15-ssec.1) Immediately after starting work on a day, the driver must record— the day of the week and date; and the registration number of the fatigue-regulated heavy vehicle; and the driver’s name; and the driver’s current driver licence number; and whether the driver is operating under— standard hours (including whether the driver is operating under standard hours for solo drivers of a fatigue-regulated bus); or BFM hours; or AFM hours; or exemption hours; and whether the driver is a solo driver or operating under a two-up driving arrangement; and 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 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 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 the address of the driver’s record location, unless the driver has previously recorded the address and it is still current; and the time zone of the driver’s base.\n(sec.15-ssec.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.\n(sec.15-ssec.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— under section 464 of the Law; or for a BFM accreditation or AFM accreditation granted under another law of a participating jurisdiction, under that law.\n- (a) the day of the week and date; and\n- (b) the registration number of the fatigue-regulated heavy vehicle; and\n- (c) the driver’s name; and\n- (d) the driver’s current driver licence number; and\n- (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\n- (i) standard hours (including whether the driver is operating under standard hours for solo drivers of a fatigue-regulated bus); or\n- (ii) BFM hours; or\n- (iii) AFM hours; or\n- (iv) exemption hours; and\n- (f) whether the driver is a solo driver or operating under a two-up driving arrangement; and\n- (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\n- (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\n- (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\n- (j) the address of the driver’s record location, unless the driver has previously recorded the address and it is still current; and\n- (k) the time zone of the driver’s base.\n- (i) standard hours (including whether the driver is operating under standard hours for solo drivers of a fatigue-regulated bus); or\n- (ii) BFM hours; or\n- (iii) AFM hours; or\n- (iv) exemption hours; and\n- (a) under section 464 of the Law; or\n- (b) for a BFM accreditation or AFM accreditation granted under another law of a participating jurisdiction, under that law.","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Information to be recorded in relation to a work and rest change","content":"### sec.16 Information to be recorded in relation to a work and rest change\n\nThe driver must record the information mentioned in subsections (2) to (5) in relation to a work and rest change—\nimmediately before or after the change; or\nif the day on which the change happens—\nis not, at the time of the change, a day for which information must be recorded; but\nat a later time (the later time ) becomes a day for which information must be recorded;\nas soon as practicable after the later time.\nA 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.\nAt 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.\nThe 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.\nIn relation to a work and rest change on a day, the driver must record—\nwhether the change was—\na change from work time to rest time; or\na change from rest time to work time; or\na change from being a solo driver to being a driver who is a party to a two-up driving arrangement; or\na change from being a driver who is a party to a two-up driving arrangement to being a solo driver; and\nthe time of the work and rest change; and\nthe place of the work and rest change; and\nthe odometer reading at the time of the work and rest change, if an odometer is fitted to the fatigue-regulated vehicle; and\nthe registration number of the fatigue-regulated vehicle, unless—\nthe registration number has already been recorded for the day in the diary; and\nthe driver has not changed vehicles since the record was made.\nIn 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—\nthe previous work and rest change on the day; or\nif there was no previous work and rest change on the day—the start of the day.\nIf—\nsubsection (3) (b) applies in relation to a particular work and rest change; and\nthe preceding day was a day for which information must be recorded; and\nthe last work and rest change during the preceding day was from rest to work;\nthe driver must also record the work time since that change to the end of the preceding day.\nFor work time or rest time recorded under subsection (3) and (4) , the driver must record whether it was under a two-up driving arrangement.\nThe driver need not comply with subsection (2) (c) and (d) for a change from rest to work if—\nthe start and end of the rest time are on the same day; and\nthe place and the odometer readings have not changed since the driver recorded them at the start of the rest time.\n(sec.16-ssec.1) The driver must record the information mentioned in subsections (2) to (5) in relation to a work and rest change— immediately before or after the change; or if the day on which the change happens— is not, at the time of the change, a day for which information must be recorded; but at a later time (the later time ) becomes a day for which information must be recorded; as soon as practicable after the later time. 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.\n(sec.16-ssec.2) In relation to a work and rest change on a day, the driver must record— whether the change was— a change from work time to rest time; or a change from rest time to work time; or a change from being a solo driver to being a driver who is a party to a two-up driving arrangement; or a change from being a driver who is a party to a two-up driving arrangement to being a solo driver; and the time of the work and rest change; and the place of the work and rest change; and the odometer reading at the time of the work and rest change, if an odometer is fitted to the fatigue-regulated vehicle; and the registration number of the fatigue-regulated vehicle, unless— the registration number has already been recorded for the day in the diary; and the driver has not changed vehicles since the record was made.\n(sec.16-ssec.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— the previous work and rest change on the day; or if there was no previous work and rest change on the day—the start of the day.\n(sec.16-ssec.4) If— subsection (3) (b) applies in relation to a particular work and rest change; and the preceding day was a day for which information must be recorded; and the last work and rest change during the preceding day was from rest to work; the driver must also record the work time since that change to the end of the preceding day.\n(sec.16-ssec.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.\n(sec.16-ssec.6) The driver need not comply with subsection (2) (c) and (d) for a change from rest to work if— the start and end of the rest time are on the same day; and the place and the odometer readings have not changed since the driver recorded them at the start of the rest time.\n- (a) immediately before or after the change; or\n- (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; but (ii) at a later time (the later time ) becomes a day for which information must be recorded; as soon as practicable after the later time.\n- (i) is not, at the time of the change, a day for which information must be recorded; but\n- (ii) at a later time (the later time ) becomes a day for which information must be recorded;\n- (i) is not, at the time of the change, a day for which information must be recorded; but\n- (ii) at a later time (the later time ) becomes a day for which information must be recorded;\n- (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\n- (i) a change from work time to rest time; or\n- (ii) a change from rest time to work time; or\n- (iii) a change from being a solo driver to being a driver who is a party to a two-up driving arrangement; or\n- (iv) a change from being a driver who is a party to a two-up driving arrangement to being a solo driver; and\n- (b) the time of the work and rest change; and\n- (c) the place of the work and rest change; and\n- (d) the odometer reading at the time of the work and rest change, if an odometer is fitted to the fatigue-regulated vehicle; and\n- (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.\n- (i) the registration number has already been recorded for the day in the diary; and\n- (ii) the driver has not changed vehicles since the record was made.\n- (i) a change from work time to rest time; or\n- (ii) a change from rest time to work time; or\n- (iii) a change from being a solo driver to being a driver who is a party to a two-up driving arrangement; or\n- (iv) a change from being a driver who is a party to a two-up driving arrangement to being a solo driver; and\n- (i) the registration number has already been recorded for the day in the diary; and\n- (ii) the driver has not changed vehicles since the record was made.\n- (a) the previous work and rest change on the day; or\n- (b) if there was no previous work and rest change on the day—the start of the day.\n- (a) subsection (3) (b) applies in relation to a particular work and rest change; and\n- (b) the preceding day was a day for which information must be recorded; and\n- (c) the last work and rest change during the preceding day was from rest to work;\n- (a) the start and end of the rest time are on the same day; and\n- (b) the place and the odometer readings have not changed since the driver recorded them at the start of the rest time.","sortOrder":23},{"sectionNumber":"sec.16A","sectionType":"section","heading":"If the driver uses an electronic work diary","content":"### sec.16A If the driver uses an electronic work diary\n\nThis section applies if the driver uses an electronic work diary.\nThe requirement imposed by section 16 (2) (c) is taken to be satisfied if the place of the work and rest change is recorded by—\nthe electronic work diary using GNSS functionality; or\nthe driver confirming, with modification or further information for accuracy, the place recorded by the electronic work diary.\nThe 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.\nIn this section—\nGNSS means Global Navigation Satellite System.\ns 16A ins 2015 SL No. 188 s 9\n(sec.16A-ssec.1) This section applies if the driver uses an electronic work diary.\n(sec.16A-ssec.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— the electronic work diary using GNSS functionality; or the driver confirming, with modification or further information for accuracy, the place recorded by the electronic work diary.\n(sec.16A-ssec.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.\n(sec.16A-ssec.4) In this section— GNSS means Global Navigation Satellite System.\n- (a) the electronic work diary using GNSS functionality; or\n- (b) the driver confirming, with modification or further information for accuracy, the place recorded by the electronic work diary.","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Recording of two-up driver details","content":"### sec.17 Recording of two-up driver details\n\nImmediately before or after—\nthe driver becomes a party to a two-up driving arrangement on a day; or\nthe 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;\nthe driver must record the information mentioned in subsection (2) about the other driver in the two-up driving arrangement.\nThe information is—\nthe other driver’s name; and\nthe other driver’s current driver licence number and the jurisdiction in which the licence was issued; and\nthe 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.\nSubsection (2) (c) does not apply if—\nthe driver is recording information in an electronic work diary the driver shares with the other driver; or\nthe other driver is recording information in a supplementary record under Subdivision 4 of Division 2 of Part 6.4 of the Law.\nA driver who is a party to a two-up driving arrangement must—\nfor 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\nfor 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) .\nIn this section—\nunique 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.\n(sec.17-ssec.1) Immediately before or after— the driver becomes a party to a two-up driving arrangement on a day; or 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; the driver must record the information mentioned in subsection (2) about the other driver in the two-up driving arrangement.\n(sec.17-ssec.2) The information is— the other driver’s name; and the other driver’s current driver licence number and the jurisdiction in which the licence was issued; and 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.\n(sec.17-ssec.3) Subsection (2) (c) does not apply if— the driver is recording information in an electronic work diary the driver shares with the other driver; or the other driver is recording information in a supplementary record under Subdivision 4 of Division 2 of Part 6.4 of the Law.\n(sec.17-ssec.4) A driver who is a party to a two-up driving arrangement must— 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 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) .\n(sec.17-ssec.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.\n- (a) the driver becomes a party to a two-up driving arrangement on a day; or\n- (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;\n- (a) the other driver’s name; and\n- (b) the other driver’s current driver licence number and the jurisdiction in which the licence was issued; and\n- (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.\n- (a) the driver is recording information in an electronic work diary the driver shares with the other driver; or\n- (b) the other driver is recording information in a supplementary record under Subdivision 4 of Division 2 of Part 6.4 of the Law.\n- (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\n- (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) .","sortOrder":25},{"sectionNumber":"sec.18","sectionType":"section","heading":"Information to be recorded after change of base, record location or accreditation","content":"### sec.18 Information to be recorded after change of base, record location or accreditation\n\nFor 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—\nfor a change of the driver’s base—the date of the change and the address of the new base; or\nfor a change of the driver’s record location—the date of the change and the address of the new record location; or\nfor a change in the accreditation number—the date of the change and the new number.\nThe information mentioned in subsection (1) (a) , (b) or (c) must be recorded as soon as practicable after the change happens.\nIn this section—\naccreditation number has the same meaning as it has in section 15 .\ndriver’s base means the driver’s base relevant to work mentioned in section 294 (1) (a) and (b) of the Law.\nrecord location means the driver’s record location relevant to work mentioned in section 294 (1) (a) and (b) of the Law.\nThe 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.\n(sec.18-ssec.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— for a change of the driver’s base—the date of the change and the address of the new base; or for a change of the driver’s record location—the date of the change and the address of the new record location; or for a change in the accreditation number—the date of the change and the new number.\n(sec.18-ssec.2) The information mentioned in subsection (1) (a) , (b) or (c) must be recorded as soon as practicable after the change happens.\n(sec.18-ssec.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. 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.\n- (a) for a change of the driver’s base—the date of the change and the address of the new base; or\n- (b) for a change of the driver’s record location—the date of the change and the address of the new record location; or\n- (c) for a change in the accreditation number—the date of the change and the new number.","sortOrder":26},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Change between forms of work diary","content":"### sec.18A Change between forms of work diary\n\nIf 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) —\nthe time and location of the change in both forms of the work diary; and\nthe security number of the written work diary in the electronic work diary.\nMaximum penalty—$1500.\nThe information must be recorded before the driver begins using the other form of work diary, or as soon as practicable.\nIn this section—\nform of work diary means one or the other of a written work diary or an electronic work diary.\ns 18A ins 2015 SL No. 188 s 10\n(sec.18A-ssec.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) — the time and location of the change in both forms of the work diary; and the security number of the written work diary in the electronic work diary. Maximum penalty—$1500.\n(sec.18A-ssec.2) The information must be recorded before the driver begins using the other form of work diary, or as soon as practicable.\n(sec.18A-ssec.3) In this section— form of work diary means one or the other of a written work diary or an electronic work diary.\n- (a) the time and location of the change in both forms of the work diary; and\n- (b) the security number of the written work diary in the electronic work diary.","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"Recording of total work time and total rest time had on a day","content":"### sec.19 Recording of total work time and total rest time had on a day\n\nThe 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 ).\nThe driver must make the record under subsection (1) before or at the time the earlier of the following happens—\nthe first work and rest change the driver has on a day, after the relevant day, for which the driver has to record information;\nthe 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.\nIf 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.\nIf 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.\n(sec.19-ssec.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 ).\n(sec.19-ssec.2) The driver must make the record under subsection (1) before or at the time the earlier of the following happens— the first work and rest change the driver has on a day, after the relevant day, for which the driver has to record information; 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. If 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. If 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.\n- (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;\n- (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.\n- 1 If 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.\n- 2 If 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.","sortOrder":28},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"How information must be recorded in a work diary","content":"## How information must be recorded in a work diary","sortOrder":29},{"sectionNumber":"sec.20","sectionType":"section","heading":"Application of Div 2","content":"### sec.20 Application of Div 2\n\nThis Part applies for the purposes of Subdivision 3 of Division 2 of Part 6.4 of the Law.","sortOrder":30},{"sectionNumber":"sec.21","sectionType":"section","heading":"Signing and dating daily work sheet","content":"### sec.21 Signing and dating daily work sheet\n\nThis section applies for the purposes of section 301 (e) (i) of the Law.\nThe 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—\nthe first work and rest change the driver has on a day, after the relevant day, for which the driver has to record information;\nthe 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.\nIf 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.\nIf 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.\n(sec.21-ssec.1) This section applies for the purposes of section 301 (e) (i) of the Law.\n(sec.21-ssec.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— the first work and rest change the driver has on a day, after the relevant day, for which the driver has to record information; 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. If 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. If 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.\n- (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;\n- (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.\n- 1 If 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.\n- 2 If 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.","sortOrder":31},{"sectionNumber":"pt.4","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":32},{"sectionNumber":"sec.22","sectionType":"section","heading":"Multiple minimum rest time requirements","content":"### sec.22 Multiple minimum rest time requirements\n\nThis section applies to each Table in Schedule 1 or 2 .\nA 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.\nHowever, under subsection (2) —\na ‘2 night rest breaks’ requirement can not be fulfilled concurrently with a ‘2 night rest breaks taken on consecutive days’ requirement; and\na ‘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\na ‘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.\nExamples of the operation of subsections (2) and (3) are in Schedule 3 .\nIn this section—\nminimum rest time requirement means a requirement for a minimum rest time stated in column 3 of a Table.\n(sec.22-ssec.1) This section applies to each Table in Schedule 1 or 2 .\n(sec.22-ssec.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.\n(sec.22-ssec.3) However, under subsection (2) — a ‘2 night rest breaks’ requirement can not be fulfilled concurrently with a ‘2 night rest breaks taken on consecutive days’ requirement; and 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 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.\n(sec.22-ssec.4) Examples of the operation of subsections (2) and (3) are in Schedule 3 .\n(sec.22-ssec.5) In this section— minimum rest time requirement means a requirement for a minimum rest time stated in column 3 of a Table.\n- (a) a ‘2 night rest breaks’ requirement can not be fulfilled concurrently with a ‘2 night rest breaks taken on consecutive days’ requirement; and\n- (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\n- (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.","sortOrder":33},{"sectionNumber":"sec.23","sectionType":"section","heading":"Prescribed driver offence or fatigue duty under another law","content":"### sec.23 Prescribed driver offence or fatigue duty under another law\n\nThis section applies for the definition in section 228 (4) of the Law.\nThe following laws are prescribed for the definitions—\nWork Health and Safety Act 2011 (ACT)\nWork Health and Safety Act 2011 (NSW)\nWork Health and Safety (National Uniform Legislation) Act 2011 (NT)\nWork Health and Safety Act 2011 (Qld)\nWork Health and Safety Act 2012 (SA)\nWork Health and Safety Act 2012 (Tas)\nOccupational Health and Safety Act 2004 (Vic)\nOccupational Health and Safety Act 1984 (WA)\ns 23 amd 2017 SL No. 113 s 4\n(sec.23-ssec.1) This section applies for the definition in section 228 (4) of the Law.\n(sec.23-ssec.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)\n- • Work Health and Safety Act 2011 (ACT)\n- • Work Health and Safety Act 2011 (NSW)\n- • Work Health and Safety (National Uniform Legislation) Act 2011 (NT)\n- • Work Health and Safety Act 2011 (Qld)\n- • Work Health and Safety Act 2012 (SA)\n- • Work Health and Safety Act 2012 (Tas)\n- • Occupational Health and Safety Act 2004 (Vic)\n- • Occupational Health and Safety Act 1984 (WA)","sortOrder":34},{"sectionNumber":"sec.24","sectionType":"section","heading":"Odometer requirements","content":"### sec.24 Odometer requirements\n\nThis section applies for the purposes of section 396 of the Law.\nIf an odometer (an original odometer ) was fitted to a fatigue-regulated heavy vehicle at the time of the vehicle’s manufacture, the owner—\nmust have an odometer (whether the original or another odometer) fitted to the vehicle that complies with subsection (3) ; and\nmust maintain the odometer as stated in subsection (4) .\nThe odometer must have a display that shows the cumulative distance travelled by the vehicle since—\nthe odometer was fitted; or\na necessary repair was carried out on the odometer that resulted in a change to the distance shown on the display; or\nthe odometer display reached the limit of the distance able to be displayed and reset to zero.\nThe owner must maintain the odometer to a standard where the display shows the distance travelled to an accuracy of ±10%.\n(sec.24-ssec.1) This section applies for the purposes of section 396 of the Law.\n(sec.24-ssec.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— must have an odometer (whether the original or another odometer) fitted to the vehicle that complies with subsection (3) ; and must maintain the odometer as stated in subsection (4) .\n(sec.24-ssec.3) The odometer must have a display that shows the cumulative distance travelled by the vehicle since— the odometer was fitted; or a necessary repair was carried out on the odometer that resulted in a change to the distance shown on the display; or the odometer display reached the limit of the distance able to be displayed and reset to zero.\n(sec.24-ssec.4) The owner must maintain the odometer to a standard where the display shows the distance travelled to an accuracy of ±10%.\n- (a) must have an odometer (whether the original or another odometer) fitted to the vehicle that complies with subsection (3) ; and\n- (b) must maintain the odometer as stated in subsection (4) .\n- (a) the odometer was fitted; or\n- (b) a necessary repair was carried out on the odometer that resulted in a change to the distance shown on the display; or\n- (c) the odometer display reached the limit of the distance able to be displayed and reset to zero.","sortOrder":35},{"sectionNumber":"sec.25","sectionType":"section","heading":"Matters authorised officer must have regard to in requiring fatigued driver to stop work","content":"### sec.25 Matters authorised officer must have regard to in requiring fatigued driver to stop work\n\nThis section applies for the purposes of section 540 of the Law.\nIn 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—\na period of 7 hours should be considered the minimum reasonable period of rest;\na period of 24 hours should be considered a reasonable period of rest.\n(sec.25-ssec.1) This section applies for the purposes of section 540 of the Law.\n(sec.25-ssec.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 period of 7 hours should be considered the minimum reasonable period of rest; a period of 24 hours should be considered a reasonable period of rest.\n- (a) a period of 7 hours should be considered the minimum reasonable period of rest;\n- (b) a period of 24 hours should be considered a reasonable period of rest.","sortOrder":36},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 om 2017 SL No. 113 s 5","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":null,"content":"### Section sec.27\n\ns 27 om 2017 SL No. 113 s 5","sortOrder":38},{"sectionNumber":"sch.4-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":39},{"sectionNumber":"sch.4-pt.2","sectionType":"part","heading":"Escalated risk contraventions","content":"# Escalated risk contraventions","sortOrder":40}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its stated purpose of implementing fatigue management rules under Chapter 6 of the Heavy Vehicle National Law. It addresses work/rest hour limits, work diary requirements, enforcement tools, and odometer standards — all directly within the expected scope of a fatigue management regulation for heavy vehicles. No evidence of scope creep or unexpected expansion beyond the core fatigue management objective."},"complexity_factors":["Multiple overlapping regulatory regimes (Standard, BFM, AFM, Exemption hours) each with different rules and tables in separate Schedules","Extensive cross-referencing to the Heavy Vehicle National Law (particularly Chapters 1 and 6) without reproducing the referenced content","Tiered risk category system for contraventions (minor risk, escalated risk) with different consequences depending on severity and circumstances","Special rules for different driver types (solo vs. two-up, truck drivers vs. bus drivers) creating multiple parallel compliance pathways","Detailed time-counting rules referencing external sections of the Law (ss. 244-248, 247) needed to correctly calculate work and rest periods","Work diary recording obligations are highly granular — covering timing, location, odometer, two-up details, accreditation numbers, and transitions between diary types","Interaction between state/territory Work Health and Safety laws and this national regulation adds a further jurisdictional layer","8-minute minor breach grace period applies only under specific conditions (electronic work diary use), creating conditional compliance rules","Concurrent minimum rest time requirements with specific exceptions that cannot run concurrently (e.g. consecutive night rest breaks)","Time zone rules add complexity for drivers travelling across multiple jurisdictions"],"plain_english_summary":"This regulation sets national rules to manage driver fatigue for heavy vehicles (trucks, buses and similar) by limiting driving hours, requiring minimum rest, and mandating accurate trip records. It applies to drivers (solo and two-up), vehicle owners, operators and enforcement officers.\n\nThe law also requires work diaries (electronic allowed), ongoing operator fatigue-management accreditation for flexible regimes, and functioning odometers. Its aim is to reduce fatigue-related crashes by creating clear, enforceable rest and recordkeeping standards."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of operationalizing fatigue management under the Heavy Vehicle National Law. The structure covering work/rest limits, work diary requirements, and enforcement guidance aligns with the expected scope of a national regulation implementing a safety scheme. No significant scope creep is evident in the provided text."},"complexity_factors":["Multiple overlapping regulatory schemes (Standard, BFM, AFM, Exemption hours) with different rules for different driver types","Extensive cross-referencing to the Heavy Vehicle National Law (sections 228, 244-248, 250, 251, 254, 256, 258, 260, 289, 294, 299, 301, 322, 341, 396, 540) and external state/territory WHS laws","Detailed tabular data in Schedules (referenced but not fully reproduced in the extract) containing specific hour limits","Conditional logic with multiple exceptions - notably the 8-minute grace period for minor breaches contingent on electronic work diary use","Complex definitions involving time calculations (long/night work time with specific minute-to-hour conversion rules: 53 minutes = 1 hour, 141 minutes = 2.5 hours)","Nested conditions for recording requirements (when information must be recorded, when it can be deferred, when retrospective recording is required)","Specific exclusions preventing concurrent satisfaction of certain rest requirements (section 22)","Multiple defined terms including 'long/night work time', 'escalated risk contravention', 'accreditation number', 'form of work diary'"],"plain_english_summary":"This Regulation sets the detailed rules for managing driver fatigue in Australia's heavy vehicle industry, working alongside the Heavy Vehicle National Law.\n\n**What it does:**\n- **Sets work and rest limits** for truck and bus drivers operating under different fatigue management schemes: Standard Hours (basic rules), BFM Hours (Basic Fatigue Management - more flexible but requires accreditation), AFM Hours (Advanced Fatigue Management - highly flexible, requires sophisticated accreditation), and Exemption Hours (special permits).\n- **Defines specific limits** for solo drivers, bus drivers, and \"two-up\" drivers (where two drivers share the driving in one vehicle).\n- **Establishes recording requirements** mandating what drivers must write in their work diaries (paper or electronic), including when they start work, when they switch between work and rest, vehicle details, and total hours worked.\n- **Creates risk categories** for breaches - minor, substantial, and severe - with escalating penalties for more serious or repeated violations.\n- **Sets technical standards** for vehicle odometers and provides guidance for enforcement officers stopping fatigued drivers.\n\n**Who it affects:**\n- Heavy vehicle drivers (trucks over 12 tonnes, buses over 4.5 tonnes)\n- Transport operators and employers\n- Owner-drivers\n- Compliance officers and police enforcing fatigue laws\n\n**Why it matters:**\nDriver fatigue is a major cause of road crashes involving heavy vehicles. This Regulation provides the granular detail that keeps tired drivers off the road while allowing flexibility for different business models. It balances safety with operational reality - for example, allowing an 8-minute grace period for minor overruns if recorded electronically, but strictly prohibiting dangerous patterns like insufficient night rest."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Regulation is a technical implementation instrument for the fatigue management chapter of the Heavy Vehicle National Law. Its content stays within that original purpose: it sets out numerical work/rest limits (via Schedules), diary and equipment requirements, and enforcement guidance. While the 2015 and 2017 amendment notes in the text add electronic diary acceptance, an 8‑minute tolerance and other clarifications (e.g. sec.16A, sec.18A, secs.5–10), these are refinements to implementation rather than an expansion of scope beyond the Law’s fatigue‑management objective. Therefore the scope has not grown significantly beyond its original purpose; changes are detail and compliance‑focused rather than substantive broadening of regulatory reach."},"complexity_factors":["Numerous cross‑references to the Heavy Vehicle National Law (sections 244–248, 247, 250, 251, 254, 256, 258, 260, 289, 294, 299, 301, 322, 341, 396, 464, 540) increasing dependency on the parent Act","Multiple Schedules and Tables (Schedules 1–5, Schedule 3 examples, Schedule 4 Parts/Tables) that contain the core numerical limits rather than appearing in the body text","Several distinct fatigue regimes (standard, BFM, AFM, exemption hours) with separate tables and risk categories (secs.5–12)","Detailed work diary and record‑keeping rules with timing conditions and exceptions (secs.13–19, 16A, 18A)","Specific technical rules (GNSS acceptance for location, odometer display and ±10% accuracy) linking legal compliance to equipment standards (secs.16A, 24)","Many conditional tolerances and narrow exceptions (e.g. 8‑minute tolerance only where an electronic work diary is used; concurrent rest requirements exceptions in sec.22)","Two‑up driving specific rules and cross‑referencing (recording the other driver’s diary page number, shared electronic diaries) (secs.16,17)","Enforcement guidance that leaves room for authorised officer discretion (sec.25)","Penalties and criminal/administrative consequences referenced indirectly (e.g. max $1500 for diary switch non‑compliance)","Definitions with fractional counting rules (long/night work time and how minutes convert to hours) (sec.3)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Sets out detailed fatigue-management rules that sit under the Heavy Vehicle National Law (the Law). It does not replace the Law but gives the specific numbers, record‑keeping formats and small technical rules drivers and operators must follow. (See general interpretation: sec.4.)\n\n- Specifies the maximum work time and minimum rest time for drivers under different regimes (called: standard hours, basic fatigue management (BFM), advanced fatigue management (AFM), and certain exemption hours). The actual limits are contained in the Tables in Schedules 1 and 2 (see secs.5–11, and Schedules referenced).  \n\n- Identifies how particular time periods are counted (including a defined concept of “long/night work time” with fractional rounding rules for short overruns). (sec.3.)\n\n- Sets out what must be recorded in a driver’s work diary (who, which vehicle, licence details, which fatigue regime applies, base and record location, times/places/odometer readings for every change between work and rest, totals for the day, two‑up driver details, changes of base/accreditation, and the timing for making those entries). It includes how electronic work diaries satisfy location and odometer entry requirements. (secs.13–19, 16A, 17–18A.)\n\n- Provides rules about switching between written and electronic diaries (including a requirement to record the switch and the written diary’s security number; a penalty applies). (sec.18A.)\n\n- Sets out interaction rules for multiple minimum‑rest requirements (which rest periods can count for several different required rests and which cannot). (sec.22 and Schedule 3 examples.)\n\n- Prescribes certain state/territory workplace health and safety Acts as relevant fatigue duties or driver offences for cross‑reference in the Law. (sec.23.)\n\n- Requires owners to keep an odometer (if the vehicle left the factory with one), specifies the odometer display and an accuracy tolerance of ±10% for the distance display. (sec.24.)\n\n- Directs authorised officers on factors to consider when ordering a fatigued driver to stop work (gives 7 hours as a minimum reasonable rest and 24 hours as a reasonable rest to be considered). (sec.25.)\n\n\n**Who is affected**\n\n- Drivers of fatigue‑regulated heavy vehicles (solo drivers and those in two‑up arrangements) must follow the work/rest limits in the Tables and make, keep and produce the specified diary entries (secs.5–11; secs.13–19).  \n\n- Vehicle owners are affected by the odometer rules (sec.24).  \n\n- Operators who hold (or want) BFM or AFM accreditations are affected because the diary must record accreditation numbers and those accreditations change which hours regimes apply (secs.15, 18).  \n\n- Authorised officers and enforcement agencies are given guiding factors for stop‑work decisions (sec.25) and the Regulation supplies the concrete categories and risk classifications for breaches used under the Law (e.g. secs.5–12, 11–12).  \n\n\n**Why it matters (stated purpose and mechanical effects)**\n\n- The Regulation implements a nationally consistent, measurable fatigue‑management framework by supplying: the numerical work/rest tables (Schedules), the record‑keeping rules to prove compliance, and the technical rules that make those records auditable (e.g. GNSS location capture, odometer accuracy, diary security numbers). (secs.3–19, 24; 16A.)\n\n- Mechanically, it increases transparency and auditability of driver hours: to operate legally a driver must choose and record which regime they are under, log precise work/rest changes and totals, and keep records available to authorities. That creates compliance costs (time and equipment) and gives authorities objective grounds for enforcement. (secs.15–19, 18A, 16A.)\n\n\n**Trade‑offs, incentives and implementation considerations**\n\n- Compliance costs and who pays: drivers and operators bear most direct costs. Those include time to make and keep more detailed records, potential purchase/operation of an electronic work diary with GNSS and odometer logging, and odometer maintenance to meet the ±10% accuracy standard (sec.24; secs.15–18A, 16A).  \n\n- Small operational tolerances: the Regulation allows an 8‑minute tolerance for brief overruns where an electronic work diary is used (secs.5–10). That reduces the risk of trivial minor breaches becoming enforceable, but only for drivers using approved electronic diaries. (secs.5,6,8–10.)\n\n- Accreditation and concentrated benefits: operators with BFM or AFM accreditation can lawfully operate under different (often more flexible) hours. Those benefits are concentrated on accredited operators; the Regulation requires accreditation numbers to be recorded in diaries, ensuring that regulators can verify entitlement. This creates an incentive for operators to seek accreditation, and places administrative/assessment costs on the accreditation system. (secs.9–11, 15, 18.)\n\n- Substitution effects: drivers/operators can choose between standard hours, BFM, AFM or certain exemptions. That choice alters work patterns and may incentivise seeking accreditation where longer or more flexible hours are commercially valuable. (secs.5–11, 12.)\n\n- Enforcement and bureaucratic discretion: authorised officers retain discretion when ordering a driver off duty; the Regulation provides guidance (7–24 hours as reference points) but leaves the specific period to the officer’s decision (sec.25). That creates implementation risk where consistent application depends on training and enforcement policy. (sec.25.)\n\n- Record integrity and auditability: the Regulation encourages electronic records (GNSS/odometer capture) and requires cross‑referencing (e.g. two‑up page numbers, diary security numbers) to reduce fraud and make audits practicable. But that raises questions about data accuracy, privacy and device interoperability that must be managed at implementation. (secs.16–18A, 16A.)\n\n- Penalties and procedural burdens: there are explicit penalties for some failures (e.g. failing to record a diary switch—max $1500). Many procedural timing rules specify when entries must be made or produced, increasing the administrative burden on drivers and record keepers. (sec.18A; secs.19,21.)\n\n\n**Concrete behaviour the law aims to change**\n\n- Increase and standardise the recording of when drivers work and rest, and under which fatigue regime (secs.13–19).  \n- Encourage use of electronic work diaries with GNSS and odometer capture by recognising those as satisfying certain recording requirements and by providing an 8‑minute tolerance for brief overruns when used (secs.16A; secs.5–10).  \n- Encourage operators to obtain and record accreditation when they wish to use BFM or AFM regimes (secs.9–11, 15, 18).  \n\n\n**Key sections to note when complying or advising others**\n\n- Definitions, counting rules: sec.3 and sec.4.  \n- Standard and bus solo hours, two‑up: secs.5–8 and Schedules 1–3.  \n- BFM/AFM hours and risk categorisation for breaches: secs.9–11 and Schedule 4.  \n- Work diary detail and timing obligations: secs.13–19 (including electronic diary rules in sec.16A and switch rules in sec.18A).  \n- Odometer requirements and accuracy: sec.24.  \n- Enforcement guidance for stop‑work: sec.25."}},"importantCases":[],"_links":{"self":"/api/acts/heavy-vehicle-fatigue-management-national-regulation","history":"/api/acts/heavy-vehicle-fatigue-management-national-regulation/history","analysis":"/api/acts/heavy-vehicle-fatigue-management-national-regulation/analysis","conflicts":"/api/acts/heavy-vehicle-fatigue-management-national-regulation/conflicts","importantCases":"/api/acts/heavy-vehicle-fatigue-management-national-regulation/important-cases","documents":"/api/acts/heavy-vehicle-fatigue-management-national-regulation/documents"}}