Heavy Vehicle (Fatigue Management) National Regulation
In ForceQLD
Jurisdiction
Queensland
Act Number
78 of 2013
Collection
regulation
Plain English Summary
7/10 complexity
Creates detailed fatigue-management rules for heavy‑vehicle drivers and operators: sets maximum work/minimum rest hours under multiple regimes, prescribes required work‑diary entries (including electronic diary/GNSS and odometer recording), requires odometer accuracy, and gives guidance to authorised officers on stop‑work periods. It affects drivers (recording and rest obligations) and vehicle owners/operators (odometer maintenance, accreditation identification) and matters for compliance costs and enforcement discretion (see ss.15–19, 24–25).
This Regulation sets out detailed operational rules for fatigue management, work diaries and related equipment for drivers and owners of fatigue-regulated heavy vehicles under the Heavy Vehicle National Law (the Law). It operates as subordinate legislation to the Law: it imports terms and counting rules from Chapter 1 and Chapter 6 of the Law (s 4(1)-(2)), and maps particular contraventions of the Law’s fatigue provisions to risk categories in the Law (for example, s 5(3) links contraventions of s 250(1) of the Law to risk categories stated in Schedule 1; comparable links appear at ss 8(3), 9(3), 10(3), 11 and 12). The Regulation does four principal mechanical things:
It defines a working-time metric, long/night work time, and sets specific rounding/conversion rules for certain durations (s 3). Long/night work time includes time in excess of 12 hours in any 24-hour period, and time worked between midnight and 6 am (or the equivalent hours in the driver’s base time zone while on a journey) (s 3(1)). The Regulation prescribes that 53 minutes over 12 hours counts as one hour of long/night work time, and 141 minutes worked between midnight and 3 am counts as 2.5 hours of long/night work time (s 3(2)-(3)). Those conversion rules are part of how the Law counts “long/night” exposure for risk assessment or category triggers.
It allocates the substantive hours and rest regimes to different classes of drivers (solo drivers, solo bus drivers, two-up drivers) and to alternative regulatory regimes (standard hours, basic fatigue management (BFM) hours, advanced fatigue management (AFM) hours, and exemption hours). The Regulation does not itself list numeric maxima and minima in the body text: it points to Tables in Schedules (Table 1-3 in Schedule 1 for standard hours; Schedule 2 for BFM hours; Schedule 4 and 5 for AFM and exemption risk-category mappings) and declares how contraventions of the Law’s sections are to be treated as risk-category breaches (ss 5-12).
Current sections
Direct links to the current provisions in Heavy Vehicle (Fatigue Management) National Regulation.
41
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Regulation may be cited as the Heavy Vehicle (Fatigue Management) National Regulation .
sec.2
Commencement
sec.2 Commencement
This Regulation commences in a participating jurisdiction on the day on which Chapter 6 of the Law commences in that jurisdiction.
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.
sec.3
Definition
sec.3 Definition
In this Regulation—
long/night work time means any work time—
in excess of 12 hours in a 24 hour period; or
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).
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.
(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).
• 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.
sec.4
Interpretation provisions
sec.4 Interpretation provisions
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.
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.
(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.
(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.
pt.2
Maximum work requirements and minimum rest requirements
Maximum work requirements and minimum rest requirements
pt.2-div.1
Standard hours
Standard hours
sec.5
Standard hours—solo drivers
sec.5 Standard hours—solo drivers
Table 1 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated heavy vehicle.
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.
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.
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) .
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 amd 2015 SL No. 188 s 4
(sec.5-ssec.1) Table 1 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated heavy vehicle.
(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.
(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.
(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) .
(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 .
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
(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) .
sec.6
Standard hours—solo drivers of fatigue-regulated buses
sec.6 Standard hours—solo drivers of fatigue-regulated buses
Table 2 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated bus.
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.
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.
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) .
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 amd 2015 SL No. 188 s 5
(sec.6-ssec.1) Table 2 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated bus.
(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.
(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.
(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) .
(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 .
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
(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) .
sec.7
Options about standard hours for solo driver of a fatigue-regulated bus     
sec.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—
the standard hours under section 5 ;
the standard hours under section 6 .
(a) the standard hours under section 5 ;
(b) the standard hours under section 6 .
sec.8
Standard hours—two-up drivers
sec.8 Standard hours—two-up drivers
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.
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.
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.
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) .
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 amd 2015 SL No. 188 s 6
(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.
(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.
(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.
(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) .
(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 .
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
(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) .
pt.2-div.2
BFM hours
BFM hours
sec.9
BFM hours—solo drivers
sec.9 BFM hours—solo drivers
Table 1 in Schedule 2 sets out the BFM hours for a solo driver of a fatigue-regulated heavy vehicle.
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.
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.
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) .
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 amd 2015 SL No. 188 s 7
(sec.9-ssec.1) Table 1 in Schedule 2 sets out the BFM hours for a solo driver of a fatigue-regulated heavy vehicle.
(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.
(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.
(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) .
(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 .
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
(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) .
sec.10
BFM hours—two-up drivers
sec.10 BFM hours—two-up drivers
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.
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.
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.
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) .
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 amd 2015 SL No. 188 s 8
(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.
(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.
(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.
(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) .
(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 .
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
(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) .
pt.2-div.3
AFM hours
AFM hours
sec.11
Risk category for contraventions of AFM hours
sec.11 Risk category for contraventions of AFM hours
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;
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.
(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;
(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.
(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;
(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.
pt.2-div.4
Exemption hours
Exemption hours
sec.12
Risk category for contraventions of exemption hours
sec.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.
pt.3
Work diary requirements
Work diary requirements
pt.3-div.1
Information to be included in work diary
Information to be included in work diary
sec.13
Application of Div 1
sec.13 Application of Div 1
This Part applies for the purposes of Subdivision 2 of Division 2 of Part 6.4 of the Law.
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.
(sec.13-ssec.1) This Part applies for the purposes of Subdivision 2 of Division 2 of Part 6.4 of the Law.
(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.
(a) to a day for which information must be recorded under the provision; or
(b) generally to a day for which information must be recorded;
sec.14
How information requirements apply to a day
sec.14 How information requirements apply to a day
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.
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.
(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.
(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.
sec.15
Information to be recorded immediately after starting work
sec.15 Information to be recorded immediately after starting work
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.
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.
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.
(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.
(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.
(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.
(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
(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.
(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
(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.
sec.16
Information to be recorded in relation to a work and rest change
sec.16 Information to be recorded in relation to a work and rest change
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.
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.
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.
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.
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.
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.
(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.
(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.
(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.
(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.
(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.
(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.
(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; 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.
(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;
(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;
(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
(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.
(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.
(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
(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.
(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.
(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; and
(c) the last work and rest change during the preceding day was from rest to work;
(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.
sec.16A
If the driver uses an electronic work diary
sec.16A If the driver uses an electronic work diary
This section applies if the driver uses an electronic work diary.
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.
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.
In this section—
GNSS means Global Navigation Satellite System.
s 16A ins 2015 SL No. 188 s 9
(sec.16A-ssec.1) This section applies if the driver uses an electronic work diary.
(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.
(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.
(sec.16A-ssec.4) In this section— GNSS means Global Navigation Satellite System.
(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.
sec.17
Recording of two-up driver details
sec.17 Recording of two-up driver details
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.
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.
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.
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) .
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.
(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.
(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.
(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.
(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) .
(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.
(a) the driver becomes a party to a two-up driving arrangement on a day; or
(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;
(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.
(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.
(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) .
sec.18
Information to be recorded after change of base, record location or accreditation
sec.18 Information to be recorded after change of base, record location or accreditation
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.
The information mentioned in subsection (1) (a) , (b) or (c) must be recorded as soon as practicable after the change happens.
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.
(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.
(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.
(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.
(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.
sec.18A
Change between forms of work diary
sec.18A Change between forms of work diary
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.
The information must be recorded before the driver begins using the other form of work diary, or as soon as practicable.
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 SL No. 188 s 10
(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.
(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.
(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.
(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.
sec.19
Recording of total work time and total rest time had on a day
sec.19 Recording of total work time and total rest time had on a day
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 ).
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.
(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 ).
(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.
(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.
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.
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.
pt.3-div.2
How information must be recorded in a work diary
How information must be recorded in a work diary
sec.20
Application of Div 2
sec.20 Application of Div 2
This Part applies for the purposes of Subdivision 3 of Division 2 of Part 6.4 of the Law.
sec.21
Signing and dating daily work sheet
sec.21 Signing and dating daily work sheet
This section applies for the purposes of section 301 (e) (i) of the Law.
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.
(sec.21-ssec.1) This section applies for the purposes of section 301 (e) (i) of the Law.
(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.
(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.
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.
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.
pt.4
Other provisions
Other provisions
sec.22
Multiple minimum rest time requirements
sec.22 Multiple minimum rest time requirements
This section applies to each Table in Schedule 1 or 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.
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.
Examples of the operation of subsections (2) and (3) are in Schedule 3 .
In this section—
minimum rest time requirement means a requirement for a minimum rest time stated in column 3 of a Table.
(sec.22-ssec.1) This section applies to each Table in Schedule 1 or 2 .
(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.
(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.
(sec.22-ssec.4) Examples of the operation of subsections (2) and (3) are in Schedule 3 .
(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.
(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.
sec.23
Prescribed driver offence or fatigue duty under another law
sec.23 Prescribed driver offence or fatigue duty under another law
This section applies for the definition in section 228 (4) of the Law.
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)
s 23 amd 2017 SL No. 113 s 4
(sec.23-ssec.1) This section applies for the definition in section 228 (4) of the Law.
(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)
• 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)
sec.24
Odometer requirements
sec.24 Odometer requirements
This section applies for the purposes of section 396 of the Law.
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) .
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.
The owner must maintain the odometer to a standard where the display shows the distance travelled to an accuracy of ±10%.
(sec.24-ssec.1) This section applies for the purposes of section 396 of the Law.
(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) .
(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.
(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%.
(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) .
(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.
sec.25
Matters authorised officer must have regard to in requiring fatigued driver to stop work
sec.25 Matters authorised officer must have regard to in requiring fatigued driver to stop work
This section applies for the purposes of section 540 of the Law.
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.
(sec.25-ssec.1) This section applies for the purposes of section 540 of the Law.
(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.
(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.
sec.26
Section sec.26
s 26 om 2017 SL No. 113 s 5
sec.27
Section sec.27
s 27 om 2017 SL No. 113 s 5
sch.4-pt.1
General
General
sch.4-pt.2
Escalated risk contraventions
Escalated risk contraventions
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Regulation may be cited as the Heavy Vehicle (Fatigue Management) National Regulation .
sec.2 Commencement
sec.2 Commencement
This Regulation commences in a participating jurisdiction on the day on which Chapter 6 of the Law commences in that jurisdiction.
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.
sec.3 Definition
sec.3 Definition
In this Regulation—
long/night work time means any work time—
in excess of 12 hours in a 24 hour period; or
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).
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.
(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).
• 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.
sec.4 Interpretation provisions
sec.4 Interpretation provisions
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.
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.
(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.
(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.
Heavy Vehicle (Fatigue Management) National Regulation (Queensland) | Zoe
It prescribes comprehensive work-diary content and timing rules. Sections 15-19 require drivers to record a specific set of identifying, operational and scheduling information immediately after starting work and at each work/rest change, to record totals for work and rest for each day, to sign and date daily sheets in specified time windows (s 21), and to follow particular rules when changing forms of diary or record location (ss 16, 16A, 17, 18-18A, 19). The Regulation creates an explicit, limited tolerance for small overruns when an electronic work diary (EWD) is used (see ss 5(4), 6(4), 8(4), 9(4), 10(4): an excess of up to 8 minutes will not be treated as a minor risk breach provided the EWD records it).
It sets equipment and practical enforcement guidance. It prescribes odometer requirements when an original odometer was fitted at manufacture (an owner obligation to ensure an odometer is fitted and maintained to ±10% display accuracy, and that the odometer displays cumulative distance since fitting, certain repairs or reset events, s 24). It tells authorised officers to treat 7 hours as a minimum reasonable rest period and 24 hours as a reasonable rest period when exercising stop-work powers (s 25). It also prescribes which state/territory WHS/OHS Acts are “prescribed” for driver offences/fatigue duties under the Law’s definitions (s 23).
Mechanically, the Regulation maps operational details (what to record, when and how to record it; how to treat certain work/rest combinations) into the Law’s enforcement architecture (risk categories, contraventions tied to specific Law sections). The Regulation delegates substantive enforcement, penalty-setting and counting mechanisms to the Law while supplying the operational rules that drivers, operators and owners must follow. Where the Regulation refers to tables and to other sections of the Law (for example, sections 244-248 and 247 for time counting, and sections 289, 294, 296, 299, 301, 322, 341, 396, 464, 540 of the Law), those provisions in the Law will determine precise day definitions, counting windows, record-keeper obligations and sanctioning mechanisms. The Regulation supplies the operational inputs needed for those Law provisions to be applied.
Main concepts
This Regulation organises fatigue management around several interlocking concepts: work time and rest time; regulatory “hours” regimes (standard, BFM, AFM, exemptions); work diary content and timing; risk categorisation for contraventions; and equipment/technical particulars (odometer and electronic work diary/GNSS functionality).
Work time, rest time and long/night work time. The Regulation uses the Law’s definitions for work and rest (s 4(1)), and introduces long/night work time as a specific counting construct (s 3). Long/night work time is triggered by either total work in excess of 12 hours in any 24-hour period or work between midnight and 6am (or the equivalent hours in the driver’s base time zone if on a journey) (s 3(1)). The Regulation prescribes rounding/conversion rules for partial exposures: 53 minutes in excess of 12 hours counts as one hour of long/night work time; working 141 minutes between midnight and 3am counts as 2.5 hours (s 3(2)-(3)). Those discrete conversion rules are operational: they convert clock time into the long/night exposure metric used elsewhere in the Law’s risk framework.
Hours regimes and tables. The Regulation does not itself set the numerical maxima/minima in-line; it delegates specific numerical limits to Tables in the Schedules. For example, s 5 refers to Table 1 in Schedule 1 for standard hours for solo drivers; s 6 to Table 2 for solo bus drivers; s 8 to Table 3 for two-up drivers. BFM hours are in Schedule 2 (ss 9-10). AFM contraventions and escalation are linked to Schedule 4 (s 11) and exemption hours to Schedule 5 (s 12). Each table’s column 1 is a period; column 2 states maximum work time; column 3 minimum rest time; column 4 states risk category for contraventions (ss 5(1)-(3), 6(1)-(3), 8(1)-(3), 9(1)-(3), 10(1)-(3)). Where the Regulation mentions the Tables it also instructs that counting of hours must employ sections 244-248 and section 247 of the Law for time counting (s 4(2)-(3)).
Work diary regime. The Regulation sets granular requirements for what a driver must record immediately after starting work (s 15), at each work/rest change (s 16), when using electronic work diaries (s 16A), when entering two-up arrangements (s 17), when changing base, record location, or accreditation (s 18), when switching diary form (s 18A), and for totals and signing (ss 19-21). The Regulation places strict sequencing requirements: many records are due “immediately after” or “immediately before” the first work/rest change on a day (ss 15(2), 16(1), 21(2), 19(2)). It also provides an ability to record later, as soon as practicable, when an earlier change becomes a “day for which information must be recorded” because of subsequent events determined under the Law (s 16(1)-(1)(b)).
Electronic work diary (EWD) and GNSS. The Regulation recognises EWDs explicitly. In several places it gives EWDs an evidentiary or operational benefit: an 8‑minute tolerance for exceeding maxima applies only where the driver uses an electronic work diary to record the overrun (for minor risk breaches, ss 5(4), 6(4), 8(4), 9(4), 10(4)). The Regulation allows GNSS functionality in an EWD to satisfy the “place” requirement at a work/rest change, subject to driver confirmation if necessary, and allows the odometer reading requirement to be satisfied by an EWD (s 16A).
Risk mapping and escalation. The Regulation assigns the risk category of contraventions under different regimes by reference to the Tables in the Schedules, and introduces the concept of an escalated risk contravention for AFM regimes where a driver either works more than the maximum or rests less than the minimum for a listed period (s 11). Contracting a breach under any of the regime-linked Law provisions (for example, ss 250, 251, 254, 256, 258, 260 of the Law) results in the breach being classified into risk categories set out in the Tables; the Law then determines the legal consequences.
Equipment obligations. The Regulation imposes an owner duty to install and maintain a readable odometer where the vehicle originally had an odometer fitted at manufacture (s 24). It requires cumulative distance display since fitting/repair/reset and an accuracy of ±10% (s 24(3)-(4)).
These main concepts are tightly integrated with cross-references to the Law. The Regulation supplies the operational inputs the Law uses to compute compliance and risk: how to count time, what to record, what small tolerances exist for EWD users, and what technical equipment must be present and maintained.
Who it affects
The Regulation creates obligations and operational effects for several discrete parties, each identified in the text and each with distinct compliance actions:
Drivers of fatigue-regulated heavy vehicles. The central obligations fall on drivers. Solo drivers are governed by the standard hours set out in Schedule 1 Table 1 (s 5). Solo drivers of fatigue-regulated buses may operate either under the standard hours for heavy vehicles (s 5) or under the bus-specific standard hours in Table 2 (s 6), but not both (s 7). Drivers who are parties to two-up driving arrangements are subject to Table 3 in Schedule 1 (s 8). Drivers operating under BFM and AFM regimes are governed by Schedules 2 and 4 and the sections referencing the Law’s provisions for contraventions (ss 9-11). Drivers must record specified identifying information immediately after starting work (s 15), must record specified information at every work/rest change (s 16), must record totals of work and rest for a day (s 19), and must sign/dates daily sheets in the timing windows prescribed (s 21). If they use an EWD, special recording and confirmation modalities apply (s 16A). Drivers engaged in two-up must record the other driver’s identifying details and page number (s 17).
Operators holding BFM or AFM accreditation. The Regulation requires drivers to record the accreditation number of any operator’s BFM or AFM accreditation they operate under, unless previously recorded and still current (s 15(1)(g)-(h), s 18(1)(c)). Operators will therefore have to ensure accreditation numbers are current and communicated to drivers and embedded into work-diary workflows. Operators who hold an accreditation also may be subject to combined permits and exemptions referenced in s 15.
Owners of fatigue-regulated heavy vehicles. Owners face a specific equipment duty under s 24 where an original odometer was fitted at manufacture: to have and maintain an odometer that displays cumulative distance with stated reset/repair rules and to keep that display accurate to ±10% (s 24(2)-(4)). If no original odometer was fitted at manufacture, s 24 does not apply in the terms set out.
Employers and record-keepers. The Regulation contemplates the role of a record-keeper that may be a person other than the driver. Where the driver’s record keeper is another person, the driver must provide recorded information or a copy to the record keeper within the timeframes required by the Law (s 19(2) referencing s 322 of the Law). If the driver is their own record keeper, the Law requires availability at the driver’s record location (s 19(2) referencing s 341(4) of the Law). Employers have a practical interest in ensuring drivers meet the diary and timing duties, especially where EWDs or accreditation numbers are part of compliance.
Authorised officers. The Regulation instructs authorised officers exercising stop-work powers under s 540 of the Law to have regard to certain rest-period benchmarks (s 25). The Regulation therefore shapes enforcement discretion by signalling minimum and reasonable rest periods of 7 hours and 24 hours respectively.
Regulators, compliance auditors and courts. The Regulation’s mapping of contraventions to risk categories (ss 5-12) supplies the inputs the regulator or court uses to classify and apply the Law’s sanctioning matrix. The Regulation also prescribes which other jurisdictional WHS/OHS Acts count as prescribed driver offences or fatigue duties for the Law’s definitions (s 23), thereby affecting cross-regulatory enforcement and interpretations.
Operational consequences for each group:
Drivers must implement practical diary workflows (paper or EWD) and may gain a modest tolerance (8 minutes) on minor overruns only where an EWD is used and only for specific small breaches (ss 5(4), 6(4), 8(4), 9(4), 10(4)).
Operators must maintain and communicate accreditation numbers, and where BFM/AFM accreditations and permits are in play they must ensure the drivers’ diaries capture accreditation identifiers (s 15(1)(g)-(h)).
Owners of vehicles fitted with original odometers must budget for odometer maintenance and accuracy obligations (s 24).
Employers/record-keepers must be prepared to receive copies of records within the Law’s 21-day windows (s 19(2) cross-ref s 322).
The Regulation’s reach is therefore operational rather than policy-setting: it affects how drivers record, how operators communicate accreditations, how owners maintain equipment, and how authorised officers exercise certain discretions.
Key duties and rights
This Regulation imposes several concrete duties and identifies a small number of rights (procedural or evidentiary), all framed by cross-references to the Law.
Key duties (driver-facing)
Immediate start-of-day information: Immediately after starting work on a day (specifically immediately before the first change from work to rest or immediately after the first change from rest to work, whichever is earlier on the day), the driver must record a specified list of identifying and operational data: day and date; vehicle registration number; driver name; driver licence number; which hours regime the driver is operating under (standard, BFM, AFM, exemption, and, where relevant, whether the driver is operating under standard hours for solo bus drivers); whether solo or two-up; applicable operator BFM/AFM accreditation numbers where relevant (unless already recorded and still current); driver’s base address; record location address; and time zone of the driver’s base (s 15(1)-(2)).
Work/rest change entries: For each work and rest change the driver must record whether the change was work to rest, rest to work, solo to two-up or two-up to solo; the time and place of the change; odometer reading if an odometer is fitted; vehicle registration number unless already recorded for that day and vehicle unchanged; the work or rest time since the previous change (or since the start of the day); and whether that work or rest time was under a two-up arrangement. The entries must be made immediately before or after the change, or as soon as practicable where the change occurs on a day that later becomes a day for which information must be recorded (s 16(1)-(5)).
Totals and signatures: Drivers must record the total work time and total rest time for a day and must sign a daily sheet for the day before or at the earlier of the first work/rest change on the next day that is recordable or when required to comply with record-keeping obligations under the Law (ss 19-21).
Two-up specifics: Drivers entering two-up must record the other driver’s name, licence number and the unique identifying page number in the other driver’s diary for that day, except where diaries are electronic and shared or where the other driver is using a supplementary record (s 17).
Change management: Drivers must record changes of base, record location, or accreditation number as soon as practicable after the change (s 18). Where switching diary forms, drivers must record the time and location of the switch in both forms and add the security number of the written diary into the EWD; failure carries a stated maximum penalty of $1,500 (s 18A).
Key duties (owner and operator-facing)
Odometer duties: If an original odometer was fitted at manufacture, the owner must have an odometer fitted (original or replacement) that displays cumulative distance since fitting/repair/reset and must maintain the odometer so that the display shows distance to ±10% accuracy (s 24(2)-(4)).
Accreditation numbers: Operators holding BFM or AFM accreditation must ensure drivers record accreditation numbers where applicable (s 15(1)(g)-(h)). The Regulation recognises that accreditations granted under other participating-jurisdiction laws can be used (s 15(3)(b) referencing the definition of accreditation number).
Key procedural/evidentiary rights or mitigations
EWD tolerances: For minor risk breaches that otherwise would be committed in relation to a total period stated in the tables and that are not more than 24 hours, the driver will not commit the minor risk breach if the overrun is not more than 8 minutes and the driver uses an electronic work diary to record the period (s 5(4) and analogous provisions in ss 6(4), 8(4), 9(4), 10(4)). This is an explicit mitigation limited to minor breaches and contingent on EWD use.
EWD and GNSS substitution: If a driver uses an EWD, the requirement to record place at a work/rest change is taken to be satisfied if the EWD records the place using GNSS functionality or the driver confirms that place with any necessary modification; the odometer-reading requirement is taken to be satisfied if the EWD records the reading (s 16A). This creates an evidentiary right to rely on EWD-recorded GNSS and odometer readings, subject to driver confirmation.
Time-lagged recording carve-out: Where a change occurs on a day that at the time of the change was not a day for which information must be recorded, but later becomes such a day (under the Law’s day-definitions), the Regulation allows the driver to record the information as soon as practicable after the later time (s 16(1)). This is a limited, conditional right to late entry where recording at the moment was not required because the day was not a recordable day.
Risk-category mapping duties
Contraventions tied to risk categories: The Regulation specifies that contraventions of particular Law provisions are to be treated as breaches of the risk categories stated in Tables in Schedules (examples: s 5(3) links contraventions of s 250(1) of the Law for any period in column 1 to the risk category in column 4; s 8(3) links contraventions of s 251(1); s 9(3) links s 254(1); s 10(3) links s 256(1); s 11 addresses s 258(1); s 12 addresses s 260(1)). The Law then applies penalties or other consequences based on the assigned risk category.
Other duties and cross-references
The Regulation repeatedly instructs that time-counting and day definitions are governed by the Law’s counting sections (s 4(2)-(3)), and that other Law sections determine record-keeper delivery windows (s 19(2) cross-ref s 322) and where records must be made available (s 19(2) cross-ref s 341(4)). Those cross-references create duties located in the Law and operationalised by the Regulation’s record content and timing rules.
The Regulation therefore distributes duties across drivers, owners, operators and record-keepers, provides narrow procedural mitigations (principally EWD-related), and channels breach classification into the Law’s risk-category enforcement framework.
Penalties and enforcement
The Regulation embeds its rules into the enforcement architecture of the Heavy Vehicle National Law by mapping contraventions to the Law’s risk categories and by specifying a few standalone penalties and enforcement-oriented benchmarks. The Regulation supplies operational inputs for enforcement and gives authorised officers discretion guidance for stop-work periods.
Mapping to the Law’s enforcement framework
Risk categories for contraventions. The Regulation does not itself set fine amounts or direct sanctions. Instead it links particular contraventions of the Law to the risk categories that the Law applies when determining penalties and enforcement outcomes. Representative mappings include:
Standard hours (solo drivers): a contravention of s 250(1) of the Law for any period stated in column 1 of Table 1 (Schedule 1) is a breach of the risk category stated in column 4 (s 5(3)).
Standard hours (two-up drivers): a contravention of s 251(1) of the Law for any period in column 1 of Table 3 is a breach of the risk category in column 4 (s 8(3)).
BFM hours (solo drivers): contraventions of s 254(1) are to be treated as the risk category for the period stated in Table 1 of Schedule 2 (s 9(3)).
BFM two-up contraventions: contraventions of s 256(1) map to the risk category stated in Table 2 of Schedule 2 (s 10(3)).
AFM hours: contraventions of s 258(1) are breaches of risk categories specified in Part 1 and escalated risk contraventions in Part 2 of Schedule 4 (s 11).
Exemption hours: contraventions of s 260(1) for any period in the Table in Schedule 5 are breaches of the risk category in column 2 (s 12).
These mappings mean the Regulation supplies the factual inputs (period categories, maxima/minima and classification) while the Law supplies the sanctioning outcomes (penalties, suspension, enforcement actions) based on the risk category assigned.
Express penalties in the Regulation
Section 18A creates a specific maximum penalty for failing to comply with the requirements when changing diary forms: maximum penalty $1,500 for failing to record, in both forms, the time and location of the change and the security number of the written diary in the EWD (s 18A(1)-(2)). This is the only explicit monetary penalty stated in the Regulation text provided.
Equipment and owner obligations feeding enforcement
Odometer maintenance is an owner duty (s 24). While the Regulation sets the substantive odometer duties and accuracy (±10%) and display requirements (s 24(2)-(4)), any penalty for failing to maintain an odometer or for breaches involving odometer readings will sit in the Law’s enforcement arsenal (the Regulation references section 396 of the Law as the purpose clause for s 24).
Authorised officer guidance
Stop-work discretion: The Regulation tells authorised officers exercising powers under s 540 of the Law to have regard to particular rest periods when deciding how long a driver should be required not to work following a decision to stop a driver for fatigue reasons. It states that 7 hours should be considered the minimum reasonable rest period and 24 hours should be considered a reasonable period of rest (s 25). This is not a hard legal limit; it is an administrative guide for authorised officers.
Interaction with record-keeping enforcement windows
The Regulation sets the timing points when entries must be made (immediately after starting work, at each change, before the first change on the next recordable day, as soon as practicable when a previously non-recordable day becomes recordable: ss 15-16, 19-21). It cross-references sections of the Law which create duties to provide copies to record-keepers within 21 days and to make records available at the record location within 21 days (s 19(2) referencing ss 322 and 341 of the Law). Those Law sections (not reproduced here) will carry the primary sanctioning consequences for failures.
Limits on mitigation and breaches
The EWD 8‑minute tolerance is narrowly drawn: it applies only to “minor risk breaches” in relation to a total period in a Table that is not more than 24 hours, and only where the overrun is not more than 8 minutes and is recorded by an EWD (s 5(4) and parallel provisions). The Regulation therefore creates a precise, narrow mitigation that operators and drivers may rely on, but only within the conditions specified.
What the Regulation does not do (enforcement-wise)
It does not itself prescribe broad monetary penalties (except s 18A) or operator suspension regimes; those sit in the Law. It does not create new enforcement offices; it provides operational rules for the Law’s existing enforcement apparatus.
In sum, the Regulation operationalises enforcement by supplying granular recording and counting rules and by mapping breaches to the Law’s risk categories, with a limited number of direct regulatory penalties and a modest set of procedural mitigations for drivers who use EWDs.
How it interacts with other laws
The Regulation is explicitly dependent on and integrated with the Heavy Vehicle National Law and on various state and territory work health and safety or occupational health laws. Its cross-references allocate definitional, counting, enforcement and availability duties to other statutory instruments.
Primary interaction with the Heavy Vehicle National Law
Definitions and counting rules: The Regulation tells users that terms used in the Regulation and in Chapter 1 or Chapter 6 of the Law have the same meanings (s 4(1)). It instructs that sections 244-248 of the Law apply when counting time in periods referred to in the Schedule Tables, and that references to hours or days in Tables must be determined by applying s 247 of the Law (s 4(2)-(3)). Those cross-references mean the Law’s definitions of “day”, “work time”, “rest time”, and its counting rules determine how the Regulation’s Tables are applied.
Enforcement framework: The Regulation maps specific contraventions to the Law’s risk-category framework (for example, contraventions of ss 250(1), 251(1), 254(1), 256(1), 258(1) and 260(1) of the Law are routed to Tables and risk categories in the Regulation’s Schedules: ss 5(3), 8(3), 9(3), 10(3), 11, 12). The Law will supply fines, suspensions, remedial notices or other enforcement steps for the risk categories assigned.
Record-keeping and availability: The Regulation instructs where copies must be given to other record-keepers and the timeframe for availability by cross‑reference to ss 322 and 341 of the Law (s 19(2)). The Law therefore supplies the mechanism for producing and retaining copies of diaries and for sanctions if unavailable.
Accreditation processes: Accreditation numbers mentioned in the Regulation are defined to include numbers given under s 464 of the Law or accreditations granted under other participating‑jurisdiction laws (s 15(3)). That links the Regulation’s operational duties to the Law’s accreditation and approval processes.
Cross-references to other jurisdictional WHS/OHS legislation
Section 23 lists prescribed WHS/OHS Acts from participating jurisdictions for the definition in s 228(4) of the Law. The Regulation therefore explicitly brings those occupational health and safety laws into the mix for “driver offence or fatigue duty” definitions. The listed statutes are:
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)
Those instruments may be relevant where the Law’s definitions require reference to a “driver offence or fatigue duty under another law” (s 23).
Technical and evidentiary interaction
Electronic work diaries and GNSS: Section 16A permits EWD-recorded GNSS places and EWD-recorded odometer readings to satisfy the Regulation’s place and odometer recording requirements (s 16A(2)-(3)). This ties the Regulation to technical standards and to any statutory or regulatory requirements that may apply to EWD systems under the Law or other subordinate instruments. It also presumes that GNSS and EWD records will be admissible and usable for enforcement decisions.
Interface with administrative discretion
Section 25 informs authorised officers making decisions under the Law (s 540) about reasonable rest periods to consider. That is a soft cross-instrument guidance tying Regulation content to enforcement discretion under the Law.
What the Regulation does not displace
It does not supplant the Law’s definitions, enforcement powers or penalty schedules. It prescribes operational detail; the Law supplies the legal consequences.
Practical implication of the interactions
To apply the Regulation fully an operator or lawyer will need to read the Law in parallel: to determine day-counting (ss 244-248 and s 247), to find exact numerical maxima/minima (in the Schedules to the Regulation), and to understand the penalties and enforcement processes invoked by the Law’s risk categories. The Regulation therefore functions as a set of operational instructions whose legal effect is realised only when read alongside the Law.
Amendment history
The Regulation contains internal amendment notations appearing beside specific sections. The instrument’s text as provided shows discrete insertions, amendments and omissions with statutory citations and years. The following are the amendments and legislative insertions or omissions noted in the text:
2015 amendments and insertions (SL No. 188)
Section 5: amended, cited as “s 5 amd 2015 SL No. 188 s 4”. The text includes a restatement of subsections reflecting the amendment (s 5(1)-(5)).
Section 16A: inserted, cited “s 16A ins 2015 SL No. 188 s 9”. This is the provision dealing with EWD GNSS and odometer satisfaction for place and odometer recording requirements.
Section 18A: inserted, cited “s 18A ins 2015 SL No. 188 s 10”. This is the change-between-forms-of-work-diary provision and includes the maximum penalty of $1,500.
2017 amendments and omissions (SL No. 113)
Section 23: amended, cited “s 23 amd 2017 SL No. 113 s 4”. This amendment presents the list of prescribed WHS/OHS Acts from participating jurisdictions.
Sections 26 and 27: omitted, cited “s 26 om 2017 SL No. 113 s 5” and “s 27 om 2017 SL No. 113 s 5”. The substantive content of ss 26 and 27 is not present in the provided text.
The Regulation also has multiple restated subsections where the text repeats subsection numbering and parenthetical references; those restatements indicate how the text currently appears after the amendments. The in-text amendment citations identify the amending instrument and year (for example, “2015 SL No. 188” and “2017 SL No. 113”) but the regulation text provided does not include the amending instruments themselves or any explanatory memoranda.
Consequences for research and compliance
Practitioners should treat the in-text amendment citations as flags to consult the amending instruments (the specified SL numbers) to see the precise changes and the dates on which the changes commenced in participating jurisdictions. Several operational provisions (notably EWD/GNSS rules and the diary-change penalty) were inserted in 2015; a set of omitted sections were removed in 2017; the list of WHS/OHS statutes was updated in 2017. When advising clients or assessing compliance, confirm whether any further amendments have occurred after the last cited amendment in the Regulation text provided.
Litigation history
The provided Regulation text does not contain case citations or references to judicial decisions. It does not set out any litigation history, and it names no court decisions or administrative determinations. The Regulation’s content is framed as operational subordinate legislation: it maps contraventions to risk categories and leaves penalty application and adjudication to the Heavy Vehicle National Law and to the courts or administrative tribunals that interpret the Law.
What the text shows about potential litigation focal points
Because the Regulation ties recording obligations and EWD functionality into the Law’s enforcement matrix, likely litigated issues (not mentioned in the Regulation, but that would plausibly arise if disputes occur) would concern:
The sufficiency and timing of diary entries where a driver relies on the “as soon as practicable” carve-out when a day becomes recordable (s 16(1)). Disagreement could arise over whether later entries comply.
The 8‑minute EWD tolerance: disputes could centre on whether an overrun meets the narrow conditions for mitigation (minor risk breach, not more than 24 hours, EWD recording of the period) (s 5(4) and parallels).
EWD/GNSS accuracy and confirmation: where an EWD records place via GNSS, an enforcement agency might challenge the accuracy and a driver might assert compliance under s 16A; litigation could focus on whether the driver’s confirmation was adequate.
Odometer accuracy: s 24 imposes a ±10% accuracy requirement where an original odometer was fitted. Disputes over odometer calibration, repairs and whether the display reflects cumulative distance properly could be enforcement contest points and likely to involve expert evidence.
Risk-category mapping: A party might challenge whether a particular contravention properly maps to a given risk category in a Schedule Table, particularly where counting rules in the Law interact with the Regulation’s Tables.
However, these are logical potential dispute areas inferred from the text’s structure. The Regulation itself does not report any litigation or judicial consideration; practitioners must consult case law databases and the Law’s authoritative decisions to determine any real litigation history.
Gotchas
The Regulation contains a number of operational traps or non-obvious requirements that create compliance risk if overlooked. These are not value judgements: they are concrete mechanics in the text that often require reading across to the Heavy Vehicle National Law or to organisational processes.
Key numeric limits are in the Schedules, not the main text. Several sections (ss 5-10, 11-12) refer to Tables in Schedules (Schedule 1, Schedule 2, Schedule 4 and Schedule 5) for the actual maximum work times, minimum rest times and the risk-category outcomes. The body text does not include the numerical hours and breaks themselves. Compliance requires consulting the Schedules and the Law’s time-counting sections (s 4(2)-(3)). Missing or misreading the Schedules will lead to wrong conclusions about permissible hours.
Day and hour counting is governed by the Law’s counting rules. The Regulation repeatedly cross-refers to sections 244-248 and 247 of the Law for counting time and defining day-lengths (s 4(2)-(3)). Without applying those Law sections, diary entries and breach determinations may be miscounted.
Narrow EWD mitigation conditions. The 8‑minute tolerance for minor risk breaches applies only when: (a) the breach would otherwise be a minor risk breach; (b) the period relates to a total period in a Table not more than 24 hours; (c) the overrun is not more than 8 minutes; and (d) the driver uses an electronic work diary to record the period (e.g. s 5(4)). The tolerance does not apply to escalated risk contraventions, and does not relieve drivers/operators from other compliance duties. Relying on the 8‑minute relief requires an EWD and precise recordkeeping.
Long/night work time rounding rules can materially change exposure. The Regulation’s conversion rules in s 3 mean that relatively small increments of time can be aggregated into larger “long/night” exposure counts (53 minutes over 12 hours counts as 1 hour; 141 minutes between midnight and 3 am counts as 2.5 hours). Failure to apply these conversion rules can understate long/night exposure and potentially cause misclassification of risk category.
Switching diary forms has a penalty and procedural steps. When moving between written and electronic diaries, drivers must record time and location of the change in both forms and record the security number of the written diary in the EWD before starting the other form or as soon as practicable, with a maximum penalty of $1,500 (s 18A). Not recording the security number in the EWD or failing to make the cross-entry in the written diary will expose the driver to a prescribed penalty.
Place and odometer entries can be satisfied by EWD GNSS and EWD odometer recordings, but the driver must confirm for accuracy if necessary. Section 16A allows GNSS-recorded place and EWD-recorded odometer readings to be taken as satisfying s 16, but the driver still has to confirm or modify the GNSS-recorded place for accuracy if necessary (s 16A(2)). Reliance on EWDs without confirmation may be challenged.
Two-up diary specifics and supplementary records. Drivers must record the other driver’s unique identifying page number in the other driver’s written diary (s 17(2)(c)). That requirement is waived only where a shared EWD is used or the other driver uses a supplementary record under the Law (s 17(3)). Two-up arrangements therefore require procedural attention to ensure the cross-references and signatures are made (s 17(4)).
Concurrent rest fulfilment exceptions. Section 22 allows many minimum rest time requirements to be fulfilled concurrently, but it specifically rules out certain combinations (for example, a “2 night rest breaks” requirement cannot be fulfilled concurrently with a “2 night rest breaks taken on consecutive days” requirement; certain 24-hour rest requirements cannot be satisfied concurrently). Practically, meeting multiple nominal rest requirements with the same rest block may be invalid in specified cases, so scheduling must account for the disallowed concurrency.
Odometer duty triggers. Section 24 applies only if an original odometer was fitted at manufacture. If a vehicle had no original odometer, s 24 does not impose the owner’s fitting and maintenance duty in the same terms. Misunderstanding whether s 24 applies may create an unexpected compliance gap.
Timing for totals and signatures interacts with subsequent work. The driver must record totals for a day and sign daily sheets before the earlier of: the first work/rest change on a later day for which a record must be made; or when required to comply with the Law’s record-keeping sections (s 19(2), s 21(2)). In practice, this can force drivers to finalise and sign records before the next duty period if the subsequent day becomes recordable , which may be functionally awkward when shifts cross midnight or when duties change mid-shift.
Record-keeping delivery windows are in the Law. Section 19 references that copies must be given to an external record-keeper within 21 days (via s 322 of the Law), and availability at the record location within 21 days (s 341(4) of the Law). Practitioners must therefore coordinate diaries with employer/record-keeper processes to meet those windows.
Authorised officer guidance is advisory but can shape practice. Section 25 instructs authorised officers to regard 7 hours as a minimum reasonable rest and 24 hours as reasonable rest when requiring a driver not to work. While not binding rules, these benchmarks may be used in enforcement decision-making and operational planning by operators and drivers.
Avoiding these gotchas requires operators and drivers to read the Regulation with the Law in hand, to adopt EWD systems where advantages are intended, to maintain odometer and diary form security practices, to build two-up administrative routines, and to ensure scheduling accounts for non-concurrent rest exceptions.
How to comply
Compliance with this Regulation involves three parallel streams: (A) operational diaries and EWD practices; (B) scheduling and hours-management; and (C) equipment and record-keeping systems. The steps below follow the Regulation’s mechanics and reference the specific sections that impose or enable the compliance actions.
A. Work diary and EWD compliance (ss 13-21, 16A, 18A)
Choose and register your form of diary
Decide whether to use a written work diary or an electronic work diary (EWD). If switching between forms, record the time and location of the change in both forms and enter the security number of the written diary into the EWD before starting the other form or as soon as practicable to avoid the penalty in s 18A(1) (maximum $1,500).
Start-of-day entries (s 15)
Immediately after starting work for a day (specifically immediately before the first work→rest change or immediately after the first rest→work change, whichever comes earlier), record: day/date; vehicle registration; driver name; current driver licence number; hours regime in use (standard, BFM, AFM, exemption; and specify if standard hours for solo bus drivers apply); solo or two-up status; operator’s BFM/AFM accreditation number if operating under such accreditation and not already recorded and still current; driver’s base address; driver’s record location address; and the time zone of the driver’s base (s 15(1)-(2)).
Work/rest change entries (s 16)
For every change from work to rest or rest to work, and for each change into or out of a two-up arrangement, record immediately before or after the change: the type of change; time; place; odometer reading if fitted; vehicle registration (unless already recorded for the day and the vehicle hasn’t changed); and the work or rest time since the previous change or since the start of the day. If the change occurred on a day that was not recordable at the moment but later becomes recordable, record the change as soon as practicable thereafter (s 16(1)-(3)).
Use EWD GNSS and odometer functions correctly (s 16A)
If using an EWD, enable GNSS place recording and odometer interfacing where possible. Section 16A allows GNSS-recorded place and EWD-recorded odometer reading to be taken as satisfying s 16(2)(c) and s 16(2)(d) respectively, but ensure the driver confirms the GNSS place if modification or further information is required for accuracy (s 16A(2)-(3)).
Two-up arrangements (s 17)
When becoming a party to a two-up arrangement, immediately before or after doing so (or at the first work/rest change on a day in which a continuing two-up arrangement from a preceding day applies), record the other driver’s name; licence number and jurisdiction; and the unique identifying page number on the other driver’s daily sheet. Where diaries are shared EWDs or the other driver uses a supplementary record, the page-number requirement is waived (s 17(1)-(3)). Provide the other driver, on request, with the details needed to comply and sign their diary after recording these details (s 17(4)).
Totals and signature timing (ss 19-21)
Record the total work time and total rest time for each day and sign the daily sheet before or at the earlier of the first work/rest change on the next day that is recordable or when required to comply with record-keeping obligations under the Law (ss 19(1)-(2), 21(2)). If a third-party record keeper exists, ensure a copy is delivered within the Law’s 21-day window (s 19(2) referring to s 322 of the Law). If the driver is the record keeper, ensure availability at the record location within 21 days (s 19(2) referencing s 341(4) of the Law).
Change of base, record location, accreditation (s 18)
Record date and new address details as soon as practicable after any change of the driver’s base or record location, and record the date and new accreditation number if accreditation changes (s 18(1)-(2)).
B. Hours management and regime selection (ss 5-12, s 7, s 3, s 22)
Identify the correct hours regime and consult the relevant Table
Determine which hours regime applies (standard, BFM, AFM, exemption) and consult the correct Schedule Table for the precise maxima and minima: Schedule 1 Tables 1-3 for standard hours (ss 5-8); Schedule 2 Tables for BFM hours (ss 9-10); Schedule 4/5 for AFM/exemption mapping (ss 11-12). If the driver is a solo bus driver, remember s 7 permits operation under either the heavy-vehicle standard hours or the bus-specific standard hours but not both.
Account for long/night work time conversions (s 3)
When calculating long/night exposure, apply the Regulation’s conversion rules: 53 minutes in excess of 12 hours counts as one hour of long/night work time; 141 minutes between midnight and 3am counts as 2.5 hours. Also apply the local base time-zone rule for midnight-to-6am calculations when drivers are on journeys away from base (s 3(1)-(3)).
Respect concurrency limits for rest blocks (s 22)
Use the concurrency rules in s 22 to determine which minimum rest time requirements can be satisfied concurrently and which cannot (for example, “2 night rest breaks” cannot be fulfilled concurrently with “2 night rest breaks taken on consecutive days”; certain 24-hour rest requirements cannot be concurrently satisfied). Schedule rest blocks accordingly.
Use EWD to obtain the narrow 8-minute tolerance where useful (ss 5(4), 6(4), 8(4), 9(4), 10(4))
If you need the 8‑minute tolerance for small overruns, ensure the driver uses an EWD to record the overrun and verify the overrun will be a minor risk breach (and that the relevant Table period is no more than 24 hours). Do not rely on the tolerance for escalated risk contraventions.
C. Equipment, odometer and record-keeping systems (s 24, s 16A, s 18A, s 19(2))
Odometer obligations for owners (s 24)
If an original odometer was fitted at manufacture, ensure the vehicle has an odometer (original or replacement) that displays cumulative distance since fitting/repair/reset, and maintain the odometer so that displayed distances are accurate to ±10% (s 24(2)-(4)). Document repair events and resets which affect cumulative distance displays.
Ensure EWD functional standards and security
If relying on EWDs for GNSS place and odometer readings, ensure the EWD supports GNSS, interfaces accurately with vehicle odometers or allows manual odometer capture, and records the security number of any written diary if a switching event occurs (s 16A, s 18A). Keep device logs and backup records.
Record-keeper processes and delivery windows (s 19(2))
Ensure that driver records or copies are provided to the record keeper within the Law’s timeframes (s 322) and are available at the record location within the Law’s availability windows (s 341(4)). Establish procedures to copy diaries and maintain an auditable handover trail.
Training and operational processes
Train drivers on the precise timing rules for diary entries (immediately before/after changes, “as soon as practicable” carve-outs where applicable), on how to confirm GNSS places recorded by EWDs, on two-up diary and signing obligations, and on how to record accreditation numbers and changes of base or record location.
Administrative checks
Implement daily administrative checks or automated EWD validations that ensure: start-of-day entries are present before the first change; each work/rest change has a time/place/odometer reading; totals and signature fields are completed before the next recordable duty; and any switching between diary forms is logged per s 18A.
Enforcement readiness and authorised-officer encounters (s 25)
Prepare drivers and managers for authorised officer interactions, noting that officers may require a driver not to work for a period and “should consider” a minimum of 7 hours and 24 hours as reasonable rest benchmarks (s 25). Keep procedures for providing records to officers, and for responding to stop-work directions under the Law.
Checklist summary (minimum compliance items)
Consult the correct Schedule Table for applicable maxima/minima and risk-category mappings (Schedules 1-5 via ss 5-12).
Record start-of-day information as specified in s 15 immediately at the start of work per the timing rules.
Record every work/rest change as specified in s 16, including odometer readings where fitted.
Use an EWD with GNSS where advantageous, and confirm GNSS places when necessary (s 16A).
Record two-up details and sign the other driver’s diary as required (s 17).
Record change-of-base/record-location/accreditation promptly (s 18).
When switching diary forms, record time/location in both diaries and enter written-diary security number in EWD before switching (s 18A).
Maintain odometer to ±10% where an original odometer was fitted at manufacture (s 24).
Provide copies to record-keepers and ensure records are accessible in the Law’s 21-day windows (s 19(2) cross-ref ss 322, 341).
Train staff on these procedures and the conversion/rounding rules for long/night work time (s 3).
Following these steps will address the Regulation’s operational requirements. Remember that many compliance outcomes (sanctions, risk-category consequences) are applied under the Heavy Vehicle National Law itself, so keep the Law alongside the Regulation when designing policies and auditing compliance.
Part pt.2Maximum work requirements and minimum rest requirements
pt.2 Maximum work requirements and minimum rest requirements
Maximum work requirements and minimum rest requirements
pt.2-div.1 Standard hours
Standard hours
sec.5 Standard hours—solo drivers
sec.5 Standard hours—solo drivers
Table 1 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated heavy vehicle.
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.
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.
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) .
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 amd 2015 SL No. 188 s 4
(sec.5-ssec.1) Table 1 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated heavy vehicle.
(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.
(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.
(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) .
(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 .
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
(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) .
sec.6 Standard hours—solo drivers of fatigue-regulated buses
sec.6 Standard hours—solo drivers of fatigue-regulated buses
Table 2 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated bus.
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.
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.
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) .
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 amd 2015 SL No. 188 s 5
(sec.6-ssec.1) Table 2 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated bus.
(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.
(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.
(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) .
(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 .
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
(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) .
sec.7 Options about standard hours for solo driver of a fatigue-regulated bus
sec.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—
the standard hours under section 5 ;
the standard hours under section 6 .
(a) the standard hours under section 5 ;
(b) the standard hours under section 6 .
sec.8 Standard hours—two-up drivers
sec.8 Standard hours—two-up drivers
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.
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.
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.
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) .
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 amd 2015 SL No. 188 s 6
(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.
(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.
(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.
(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) .
(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 .
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
(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) .
pt.2-div.2 BFM hours
BFM hours
sec.9 BFM hours—solo drivers
sec.9 BFM hours—solo drivers
Table 1 in Schedule 2 sets out the BFM hours for a solo driver of a fatigue-regulated heavy vehicle.
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.
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.
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) .
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 amd 2015 SL No. 188 s 7
(sec.9-ssec.1) Table 1 in Schedule 2 sets out the BFM hours for a solo driver of a fatigue-regulated heavy vehicle.
(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.
(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.
(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) .
(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 .
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
(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) .
sec.10 BFM hours—two-up drivers
sec.10 BFM hours—two-up drivers
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.
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.
A contravention of section 256 (1) of the Law for any period stated in column 1 i
This is an opening excerpt, not the complete document.