Heavy Vehicle (Fatigue Management) National Regulation (NSW)
In ForceNSW
Jurisdiction
New South Wales
Act Number
245a of 2013
Collection
regulation
Plain English Summary
8/10 complexity
This Regulation sets precise work‑and‑rest limits, tiered breach categories, and record‑keeping rules for drivers and operators of fatigue‑regulated heavy vehicles under four regimes (standard, BFM, AFM, exemption). It aims to manage fatigue risk by limiting hours and mandating detailed work‑diary entries and odometer standards. Affected parties — drivers, operators and vehicle owners — must change behaviour (hour limits, diary use, GNSS/electronic diaries) and bear compliance costs; authorised officers have discretion when ordering rest periods (see ss2,5–12,15–19,16A,18A,24,25).
This Regulation prescribes detailed fatigue management rules for drivers of fatigue‑regulated heavy vehicles operating under the Heavy Vehicle National Law, by setting out the concrete work and rest time limits, the content and timing of work diary records, and the categorisation of breaches for different fatigue management schemes. Mechanically, it does three core things.
First, it specifies the numerical limits that convert the Law’s higher‑level fatigue rules into operational thresholds drivers and operators must follow. Those limits are presented in tables: standard hours in Schedule 1 (ss 5-8), basic fatigue management (BFM) hours in Schedule 2 (ss 9-10), advanced fatigue management (AFM) risk categories in Schedule 4 (s 11), and exemption hours in Schedule 5 (s 12). Each table links a particular “total period” (for example 24 hours, 7 days, 14 days) to a maximum work time and minimum rest time and to a risk category if breached (minor, substantial, severe, critical). The Regulation ties contraventions back to the relevant sections of the Law (for example, contraventions of s 250(1) of the Law are mapped in s 5(3)). Those tables therefore operationalise the Law’s offence framework by delineating how much excess work time or shortfall in rest time constitutes each risk class.
Second, the Regulation prescribes precise work diary requirements: what information must be recorded, when it must be recorded and how (Parts 3 Divisions 1-2, ss 13-21). It sets content requirements (driver details, vehicle registration, base, record location, accreditation numbers, chosen hours scheme , s 15), the recording required at every work/rest change (s 16), special requirements for two‑up driving (s 17), and the need to record total work/rest for the day (s 19). It also contains rules relating to switching diary forms (written to electronic and vice versa) with a specified maximum penalty (s 18A).
Current sections
Direct links to the current provisions in Heavy Vehicle (Fatigue Management) National Regulation (NSW).
This Regulation commences in a participating jurisdiction on the day on which Chapter 6 of the Law commences in that jurisdiction.
Note—
In this Regulation, a reference to ‘the Law’ is a reference to the Heavy Vehicle National Law. See section 12(2) of Schedule 1 of the Heavy Vehicle National Law.
3
Definition
3 Definition
3 Definition
In this Regulation—
long/night work time means any work time—
(a) in excess of 12 hours in a 24 hour period; or
(b) between 12 midnight and 6am (or the equivalent hours in the time zone of the driver’s base if the driver is on a journey in a fatigue-regulated heavy vehicle).
Examples
• a period of working for 53 minutes in excess of 12 hours in a 24 hour period counts as 1 hour of long/night work time.
• a period of working for 141 minutes between 12 midnight and 3 am counts as 2½ hours of long/night work time.
4
Interpretation provisions
4 Interpretation provisions
4 Interpretation provisions
(1) Terms used in this Regulation and Chapter 1 or 6 of the Law have the same meanings in this Regulation as they have in Chapter 1 or 6 of the Law.
(2) To avoid doubt, sections 244 to 248 of the Law applies when counting time in a period mentioned in the Tables in the Schedules.
Example—
A reference in column 1 of a Table in the Schedules to any period of a particular number of hours or days is a reference to that number of hours or days as determined by applying section 247 of the Law.
Part 2
Maximum work requirements and minimum rest requirements
Part 2 Maximum work requirements and minimum rest requirements
Part 2 Maximum work requirements and minimum rest requirements
Division 1
Standard hours
Division 1 Standard hours
Division 1 Standard hours
5
Standard hours—solo drivers
5 Standard hours—solo drivers
5 Standard hours—solo drivers
(1) Table 1 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated heavy vehicle.
(2) For each period stated in column 1—
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
Note—
Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.
(3) A contravention of section 250(1) of the Law for any period stated in column 1 is a breach of the risk category stated in column 4 for the circumstance of the contravention.
(4) If, apart from this subsection, the driver would commit a minor risk breach in relation to a total period stated in column 1 that is not more than 24 hours, the driver does not commit the minor risk breach if—
(a) the period the driver works in excess of the maximum work time stated in column 2 for the corresponding total period stated in column 1 is not more than 8 minutes; and
(b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a).
(5) In this section, a reference to a column by number is a reference to the column of that number in Table 1 in Schedule 1.
s 5: Am 2015 (824), sec 4.
6
Standard hours—solo drivers of fatigue-regulated buses
6 Standard hours—solo drivers of fatigue-regulated buses
6 Standard hours—solo drivers of fatigue-regulated buses
(1) Table 2 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated bus.
(2) For each period stated in column 1—
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
Note—
Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.
(3) A contravention of section 250(1) of the Law for any period stated in column 1 is a breach of the risk category stated in column 4 for the circumstance of the contravention.
(4) If, apart from this subsection, the driver would commit a minor risk breach in relation to a total period stated in column 1 that is not more than 24 hours, the driver does not commit the minor risk breach if—
(a) the period the driver works in excess of the maximum work time stated in column 2 for the corresponding total period stated in column 1 is not more than 8 minutes; and
(b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a).
(5) In this section, a reference to a column by number is a reference to the column of that number in Table 2 in Schedule 1.
s 6: Am 2015 (824), sec 5.
7
Options about standard hours for solo driver of a fatigue-regulated bus
7 Options about standard hours for solo driver of a fatigue-regulated bus
7 Options about standard hours for solo driver of a fatigue-regulated bus
The solo driver of a fatigue-regulated bus may operate under either, but not both, of the following—
(a) the standard hours under section 5;
(b) the standard hours under section 6.
8
Standard hours—two-up drivers
8 Standard hours—two-up drivers
8 Standard hours—two-up drivers
(1) Table 3 in Schedule 1 sets out the standard hours for the driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement.
(2) For each period stated in column 1—
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
Note—
Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.
(3) A contravention of section 251(1) of the Law for any period stated in column 1 is a breach of the risk category stated in column 4 for the circumstance of the contravention.
(4) If, apart from this subsection, the driver would commit a minor risk breach in relation to a total period stated in column 1 that is not more than 24 hours, the driver does not commit the minor risk breach if—
(a) the period the driver works in excess of the maximum work time stated in column 2 for the corresponding total period stated in column 1 is not more than 8 minutes; and
(b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a).
(5) In this section, a reference to a column by number is a reference to the column of that number in Table 3 in Schedule 1.
s 8: Am 2015 (824), sec 6.
Division 2
BFM hours
Division 2 BFM hours
Division 2 BFM hours
9
BFM hours—solo drivers
9 BFM hours—solo drivers
9 BFM hours—solo drivers
(1) Table 1 in Schedule 2 sets out the BFM hours for a solo driver of a fatigue-regulated heavy vehicle.
(2) For each period stated in column 1—
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
Note—
Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.
(3) A contravention of section 254(1) of the Law for any period stated in column 1 is a breach of the risk category stated in column 4 for the circumstance of the contravention.
(4) If, apart from this subsection, the driver would commit a minor risk breach in relation to a total period stated in column 1 that is not more than 24 hours, the driver does not commit the minor risk breach if—
(a) the period the driver works in excess of the maximum work time stated in column 2 for the corresponding total period stated in column 1 is not more than 8 minutes; and
(b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a).
(5) In this section, a reference to a column by number is a reference to the column of that number in Table 1 in Schedule 2.
s 9: Am 2015 (824), sec 7.
10
BFM hours—two-up drivers
10 BFM hours—two-up drivers
10 BFM hours—two-up drivers
(1) Table 2 in Schedule 2 sets out the BFM hours for the driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement.
(2) For each period stated in column 1—
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
Note—
Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.
(3) A contravention of section 256(1) of the Law for any period stated in column 1 is a breach of the risk category stated in column 4 for the circumstance of the contravention.
(4) If, apart from this subsection, the driver would commit a minor risk breach in relation to the total period of 24 hours stated in column 1, the driver does not commit the minor risk breach if—
(a) the period the driver works in excess of the maximum work time of 14 hours stated in column 2 is not more than 8 minutes; and
(b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a).
(5) In this section, a reference to a column by number is a reference to the column of that number in Table 2 in Schedule 2.
s 10: Am 2015 (824), sec 8.
Division 3
AFM hours
Division 3 AFM hours
Division 3 AFM hours
11
Risk category for contraventions of AFM hours
11 Risk category for contraventions of AFM hours
11 Risk category for contraventions of AFM hours
(1) A contravention of section 258(1) of the Law is a breach of the following risk category—
(a) for a contravention, other than an escalated risk contravention, for a period stated in column 1 of the Table in Part 1 of Schedule 4—the risk category stated in column 2 of the Table for the circumstance of the contravention;
(b) for an escalated risk contravention for a period stated in column 1 of Table 2 in Part 2 of Schedule 4—the risk category stated in column 2 of the Table for the circumstance of the contravention.
(2) In this section—
escalated risk contravention means a contravention involving a driver, for a period stated in column 1 of Table 1 in Part 2 of Schedule 4—
(a) working for more than the maximum work time stated in column 2 of the Table for the period; or
(b) resting for less than the minimum rest time stated in column 3 of the Table for the period.
Division 4
Exemption hours
Division 4 Exemption hours
Division 4 Exemption hours
12
Risk category for contraventions of exemption hours
12 Risk category for contraventions of exemption hours
12 Risk category for contraventions of exemption hours
A contravention of section 260(1) of the Law for any period of exemption hours that is stated in column 1 of the Table in Schedule 5 is a breach of the risk category stated in column 2 of the Table for the circumstance of the contravention.
Part 3
Work diary requirements
Part 3 Work diary requirements
Part 3 Work diary requirements
13
Application of Div 1
13 Application of Div 1
13 Application of Div 1
(1) This Part applies for the purposes of Subdivision 2 of Division 2 of Part 6.4 of the Law.
(2) A reference in a provision of this Part—
(a) to a day for which information must be recorded under the provision; or
(b) generally to a day for which information must be recorded;
is a reference to a day to which section 294 of the Law applies.
Note—
Section 294 of the Law must be read with section 289 of the Law.
14
How information requirements apply to a day
14 How information requirements apply to a day
14 How information requirements apply to a day
(1) In this Part, the requirement to record information for a day continues to apply for each period of work time and rest time the driver has on that day.
(2) However, if the driver stops working on a day and starts a rest break that will continue until the end of the day, the driver may stop recording information for the day when the driver stops working and starts the rest break.
15
Information to be recorded immediately after starting work
15 Information to be recorded immediately after starting work
15 Information to be recorded immediately after starting work
(1) Immediately after starting work on a day, the driver must record—
(a) the day of the week and date; and
(b) the registration number of the fatigue-regulated heavy vehicle; and
(c) the driver’s name; and
(d) the driver’s current driver licence number; and
(e) whether the driver is operating under—
(i) standard hours (including whether the driver is operating under standard hours for solo drivers of a fatigue-regulated bus); or
(ii) BFM hours; or
(iii) AFM hours; or
(iv) exemption hours; and
(f) whether the driver is a solo driver or operating under a two-up driving arrangement; and
(g) if the driver is operating under an operator’s BFM accreditation or a work and rest hours exemption (permit) granted in combination with an operator’s BFM accreditation—the accreditation number for the operator’s BFM accreditation, unless the driver has previously recorded the number and it is still current; and
(h) if the driver is operating under an operator’s AFM accreditation or a work and rest hours exemption (permit) granted in combination with an operator’s AFM accreditation—the accreditation number for the operator’s AFM accreditation, unless the driver has previously recorded the number and it is still current; and
(i) the address of the driver’s base, unless the driver has previously recorded the address in relation to the work and it is still current; and
(j) the address of the driver’s record location, unless the driver has previously recorded the address and it is still current; and
(k) the time zone of the driver’s base.
(2) For subsection (1), the driver must record the information immediately before the first change from work to rest or immediately after the first change from rest to work, whichever happens earlier on the day.
(3) In this section—
accreditation number, for a BFM accreditation or AFM accreditation, means the number identifying the accreditation given to the holder of the accreditation—
(a) under section 464 of the Law; or
(b) for a BFM accreditation or AFM accreditation granted under another law of a participating jurisdiction, under that law.
16
Information to be recorded in relation to a work and rest change
16 Information to be recorded in relation to a work and rest change
16 Information to be recorded in relation to a work and rest change
(1) The driver must record the information mentioned in subsections (2) to (5) in relation to a work and rest change—
(a) immediately before or after the change; or
(b) if the day on which the change happens—
(i) is not, at the time of the change, a day for which information must be recorded; 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.
Example—
A driver starts work for a day at 11am, undertaking 100km work under standard hours. Under section 294 of the Law, the driver does not have to record information in a work diary.
At 1.30pm the driver arranges with the driver’s employer to undertake a journey that day that will take the driver outside the 100km radius from the driver’s base. The driver must then start recording information required under this section in relation to each work and rest change that later happens on the day.
The driver must also, as soon as practicable, record the information required under this section in relation to each work and rest change that happened from the start of work at 11am.
(2) In relation to a work and rest change on a day, the driver must record—
(a) whether the change was—
(i) a change from work time to rest time; or
(ii) a change from rest time to work time; or
(iii) a change from being a solo driver to being a driver who is a party to a two-up driving arrangement; or
(iv) a change from being a driver who is a party to a two-up driving arrangement to being a solo driver; and
(b) the time of the work and rest change; and
(c) the place of the work and rest change; and
(d) the odometer reading at the time of the work and rest change, if an odometer is fitted to the fatigue-regulated vehicle; and
(e) the registration number of the fatigue-regulated vehicle, unless—
(i) the registration number has already been recorded for the day in the diary; and
(ii) the driver has not changed vehicles since the record was made.
(3) In relation to a work and rest change on a day, the driver must also record the work time or rest time spent anywhere by the driver since—
(a) the previous work and rest change on the day; or
(b) if there was no previous work and rest change on the day—the start of the day.
(4) If—
(a) subsection (3(b) applies in relation to a particular work and rest change; and
(b) the preceding day was a day for which information must be recorded; and
(c) 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.
(5) For work time or rest time recorded under subsection (3) and (4), the driver must record whether it was under a two-up driving arrangement.
(6) The driver need not comply with subsection (2)(c) and (d) for a change from rest to work if—
(a) the start and end of the rest time are on the same day; and
(b) the place and the odometer readings have not changed since the driver recorded them at the start of the rest time.
16A
If the driver uses an electronic work diary
16A If the driver uses an electronic work diary
16A If the driver uses an electronic work diary
(1) This section applies if the driver uses an electronic work diary.
(2) The requirement imposed by section 16(2)(c) is taken to be satisfied if the place of the work and rest change is recorded by—
(a) the electronic work diary using GNSS functionality; or
(b) the driver confirming, with modification or further information for accuracy, the place recorded by the electronic work diary.
(3) The requirement imposed by section 16(2)(d) is taken to be satisfied if the odometer reading mentioned in the provision is recorded by the electronic work diary.
(4) In this section—
GNSS means Global Navigation Satellite System.
s 16A: Ins 2015 (824), sec 9.
17
Recording of two-up driver details
17 Recording of two-up driver details
17 Recording of two-up driver details
(1) Immediately before or after—
(a) the driver becomes a party to a two-up driving arrangement on a day; 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;
the driver must record the information mentioned in subsection (2) about the other driver in the two-up driving arrangement.
(2) The information is—
(a) the other driver’s name; and
(b) the other driver’s current driver licence number and the jurisdiction in which the licence was issued; and
(c) the unique identifying page number on the daily sheet in the other driver’s work diary where the other driver has recorded information for the day.
(3) Subsection (2)(c) does not apply if—
(a) the driver is recording information in an electronic work diary the driver shares with the other driver; or
(b) the other driver is recording information in a supplementary record under Subdivision 4 of Division 2 of Part 6.4 of the Law.
(4) A driver who is a party to a two-up driving arrangement must—
(a) for the purposes of section 299 of the Law—at the request of the other driver, provide the other driver with any details the other driver needs to be able to comply with subsection (1); and
(b) for the purposes of section 301(e)(ii) of the Law—sign the other driver's work diary immediately after the information mentioned in subsection (2) is recorded under subsection (1).
(5) In this section—
unique identifying page number means the number on a work diary daily sheet that contains the unique identifying number of the work diary combined with the page number for the daily sheet.
18
Information to be recorded after change of base, record location or accreditation
18 Information to be recorded after change of base, record location or accreditation
18 Information to be recorded after change of base, record location or accreditation
(1) For any change on a day of the driver’s base, record location or the accreditation number of the accreditation the driver operates under, the driver must record—
(a) for a change of the driver’s base—the date of the change and the address of the new base; or
(b) for a change of the driver’s record location—the date of the change and the address of the new record location; or
(c) for a change in the accreditation number—the date of the change and the new number.
(2) The information mentioned in subsection (1)(a), (b) or (c) must be recorded as soon as practicable after the change happens.
(3) In this section—
accreditation number has the same meaning as it has in section 15.
driver’s base means the driver’s base relevant to work mentioned in section 294(1)(a) and (b) of the Law.
record location means the driver’s record location relevant to work mentioned in section 294(1)(a) and (b) of the Law.
Note—
The section relates only to a base or record location relevant to work mentioned in section 294(1)(a) and (b) of the Law, as opposed to other work about which information may have to be recorded only because it happens on the same day as work mentioned in section 294(1)(a) or (b) of the Law.
18A
Change between forms of work diary
18A Change between forms of work diary
18A Change between forms of work diary
(1) If the driver stops using one form of work diary and starts using the other form of work diary, the driver must record, in compliance with subsection (2)—
(a) the time and location of the change in both forms of the work diary; and
(b) the security number of the written work diary in the electronic work diary.
Maximum penalty—$1500
(2) The information must be recorded before the driver begins using the other form of work diary, or as soon as practicable.
(3) In this section—
form of work diary means one or the other of a written work diary or an electronic work diary.
s 18A: Ins 2015 (824), sec 10.
19
Recording of total work time and total rest time had on a day
19 Recording of total work time and total rest time had on a day
19 Recording of total work time and total rest time had on a day
(1) The driver must record for a day the total of the work time and the total of the rest time that the driver has had that day (the relevant day).
(2) The driver must make the record under subsection (1) before or at the time the earlier of the following happens—
(a) the first work and rest change the driver has on a day, after the relevant day, for which the driver has to record information;
(b) the driver is required to comply with section 322 or 341 of the Law in relation to records the driver is required to make or keep for the relevant day.
Notes—
20
Application of Div 2
20 Application of Div 2
20 Application of Div 2
This Part applies for the purposes of Subdivision 3 of Division 2 of Part 6.4 of the Law.
21
Signing and dating daily work sheet
21 Signing and dating daily work sheet
21 Signing and dating daily work sheet
(1) This section applies for the purposes of section 301(e)(i) of the Law.
(2) The driver must comply with section 301(e)(i) of the Law in relation to a daily sheet for a day (the relevant day) before or at the time the earlier of the following happens—
(a) the first work and rest change the driver has on a day, after the relevant day, for which the driver has to record information;
(b) the driver is required to comply with section 322 or 341 of the Law in relation to records the driver is required to make or keep for the relevant day.
Notes—
Part 4
Other provisions
Part 4 Other provisions
Part 4 Other provisions
22
Multiple minimum rest time requirements
22 Multiple minimum rest time requirements
22 Multiple minimum rest time requirements
(1) This section applies to each Table in Schedule 1 or 2.
(2) A minimum rest time requirement can be fulfilled concurrently with any other minimum rest time requirement, if the rest period taken meets the requirements of each minimum rest time requirement.
(3) However, under subsection (2)—
(a) a ‘2 night rest breaks’ requirement can not be fulfilled concurrently with a ‘2 night rest breaks taken on consecutive days’ requirement; and
(b) a ‘24 continuous hours stationary rest time’ requirement can not be fulfilled concurrently with a ‘24 hours stationary rest time in blocks of at least 7 continuous hours’ requirement; and
(c) a ‘24 continuous hours stationary rest time taken after no more than 84 hours work time’ requirement can not be fulfilled concurrently with a ‘24 continuous hours stationary rest time’ requirement.
(4) Examples of the operation of subsections (2) and (3) are in Schedule 3.
(5) In this section—
minimum rest time requirement means a requirement for a minimum rest time stated in column 3 of a Table.
23
Prescribed driver offence or fatigue duty under another law
23 Prescribed driver offence or fatigue duty under another law
23 Prescribed driver offence or fatigue duty under another law
(1) This section applies for the definition in section 228(4) of the Law.
(2) The following laws are prescribed for the definitions—
• 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: Am 2017 (329), sec 4.
24
Odometer requirements
24 Odometer requirements
24 Odometer requirements
(1) This section applies for the purposes of section 396 of the Law.
(2) If an odometer (an original odometer) was fitted to a fatigue-regulated heavy vehicle at the time of the vehicle’s manufacture, the owner—
(a) must have an odometer (whether the original or another odometer) fitted to the vehicle that complies with subsection (3); and
(b) must maintain the odometer as stated in subsection (4).
(3) The odometer must have a display that shows the cumulative distance travelled by the vehicle since—
(a) the odometer was fitted; or
(b) a necessary repair was carried out on the odometer that resulted in a change to the distance shown on the display; or
(c) the odometer display reached the limit of the distance able to be displayed and reset to zero.
(4) The owner must maintain the odometer to a standard where the display shows the distance travelled to an accuracy of ±10%.
25
Matters authorised officer must have regard to in requiring fatigued driver to stop work
25 Matters authorised officer must have regard to in requiring fatigued driver to stop work
25 Matters authorised officer must have regard to in requiring fatigued driver to stop work
(1) This section applies for the purposes of section 540 of the Law.
(2) In deciding the period for which a driver of a fatigue-regulated heavy vehicle will be required to not work again under section 540(2)(a) of the Law, an authorised officer must have regard to the following matters—
(a) a period of 7 hours should be considered the minimum reasonable period of rest;
(b) a period of 24 hours should be considered a reasonable period of rest.
26
26
26, 27 (Repealed)
Schedule 1
Standard hours and risk categories for contraventions of standard hours
Schedule 1 Standard hours and risk categories for contraventions of standard hours
Schedule 1 Standard hours and risk categories for contraventions of standard hours
sections 5, 6 and 8
Table 1 Standard hours—solo driver of fatigue-regulated heavy vehicle
| Column 1 | Column 2 | Column 3 | Column 4 |
| Total period | Maximum work time | Minimum rest time | Category of breach |
| | | | Circumstance of contravention | Risk category |
| In any period of … | … a driver must not work for more than … | … a driver must not rest for less than … | If in that period a driver has … | … the following category of breach is committed … |
| 5½ hours | 5¼ hours work time | 15 continuous minutes rest time | > 5¼ hours work time | minor risk breach |
| 8 hours | 7½ hours work time | 30 minutes rest time, in blocks of at least 15 continuous minutes | > 7½ hours work time | minor risk breach |
| 11 hours | 10 hours work time | 60 minutes rest time, in blocks of at least 15 continuous minutes | ≤ 10¾ hours work time | minor risk breach |
| > 10¾ hours work time | substantial risk breach |
| 24 hours | 12 hours work time | | ≤ 12¾ hours work time | minor risk breach |
| > 12¾ but not > 13¼ hours work time | substantial risk breach |
| > 13¼ but not > 13½ hours work time | severe risk breach |
| > 13½ hours work time | critical risk breach |
| | | 7 continuous hours stationary rest time | < 7 but not < 6¼ continuous hours stationary rest time | minor risk breach |
| | | < 6¼ but not < 5¾ continuous hours stationary rest time | substantial risk breach |
| | | < 5¾ but not < 5½ continuous hours stationary rest time | severe risk breach |
| | | < 5½ continuous hours stationary rest time | critical risk breach |
| 7 days (168 hours) | 72 hours work time | | ≤ 73½ hours work time | minor risk breach |
| >73½ but not > 74½ hours work time | substantial risk breach |
| > 74½ but not > 75 hours work time | severe risk breach |
| > 75 hours work time | critical risk breach |
| | | 24 continuous hours stationary rest time | < 24 but not < 23¼ continuous hours stationary rest time | minor risk breach |
| | | < 23¼ but not < 22¾ continuous hours stationary rest time | substantial risk breach |
| | | < 22¾ but not < 22½ continuous hours stationary rest time | severe risk breach |
| | | < 22½ continuous hours stationary rest time | critical risk breach |
| 14 days (336 hours) | 144 hours work time | | ≤ 145½ hours work time | minor risk breach |
| >145½ but not > 146½ hours work time | substantial risk breach |
| > 146½ but not > 147 hours work time | severe risk breach |
| > 147 hours work time | critical risk breach |
| | | (a) 2 night rest breaks; and | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach |
| | | < 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach |
| | | < 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach |
| | | < 5½ continuous hours stationary rest time for a block | critical risk breach |
| | | (b) 2 night rest breaks taken on consecutive days | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach |
| | | < 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach |
| | | < 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach |
| | | < 5½ continuous hours stationary rest time for a block | critical risk breach |
Table 2 Standard hours—solo driver of fatigue-regulated bus
| Column 1 | Column 2 | Column 3 | Column 4 |
| Total period | Maximum work time | Minimum rest time | Category of breach |
| | | | Circumstance of contravention | Risk category |
| In any period of … | … a driver must not work for more than … | … a driver must not rest for less than … | If in that period a driver has … | … the following category of breach is committed … |
| 5½ hours | 5¼ hours work time | 15 continuous minutes rest time | > 5¼ hours work time | minor risk breach |
| 8 hours | 7½ hours work time | 30 minutes rest time, in blocks of at least 15 continuous minutes | > 7½ hours work time | minor risk breach |
| 11 hours | 10 hours work time | 60 minutes rest time, in blocks of at least 15 continuous minutes | ≤ 10¾ hours work time | minor risk breach |
| > 10¾ hours work time | substantial risk breach |
| 24 hours | 12 hours work time | | ≤ 12¾ hours work time | minor risk breach |
| > 12¾ but not > 13¼ hours work time | substantial risk breach |
| > 13¼ but not > 13½ hours work time | severe risk breach |
| > 13½ hours work time | critical risk breach |
| | | 7 continuous hours stationary rest time | < 7 but not < 6¼ continuous hours stationary rest time | minor risk breach |
| | | < 6¼ but not < 5¾ continuous hours stationary rest time | substantial risk breach |
| | | < 5¾ but not < 5½ continuous hours stationary rest time | severe risk breach |
| | | < 5½ continuous hours stationary rest time | critical risk breach |
| 7 days (168 hours) | | 6 night rest breaks | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach |
| < 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach |
| < 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach |
| < 5½ continuous hours stationary rest time for a block | critical risk breach |
| 28 days (672 hours) | 288 hours work time | | ≤ 289½ hours work time | minor risk breach |
| > 289½ but not > 290½ hours work time | substantial risk breach |
| > 290½ but not > 291 hours work time | severe risk breach |
| > 291 hours work time | critical risk breach |
| | | 4 blocks of 24 continuous hours stationary rest time | < 24 but not < 23¼ continuous hours stationary rest time for a block | minor risk breach |
| | | < 23¼ but not < 22¾ continuous hours stationary rest time for a block | substantial risk breach |
| | | < 22¾ but not < 22½ continuous hours stationary rest time for a block | severe risk breach |
| | | < 22½ continuous hours stationary rest time for a block | critical risk breach |
Table 3 Standard hours—two-up driver of fatigue-related heavy vehicle
| Column 1 | Column 2 | Column 3 | Column 4 |
| Total period | Maximum work time | Minimum rest time | Category of breach |
| | | | Circumstance of contravention | Risk category |
| In any period of … | … a driver must not work for more than … | … a driver must not rest for less than … | If in that period a driver has … | … the following category of breach is committed … |
| 5½ hours | 5¼ hours work time | 15 continuous minutes rest time | > 5¼ hours work time | minor risk breach |
| 8 hours | 7½ hours work time | 30 minutes rest time, in blocks of at least 15 continuous minutes | > 7½ hours work time | minor risk breach |
| 11 hours | 10 hours work time | 60 minutes rest time, in blocks of at least 15 continuous minutes | ≤ 10¾ hours work time | minor risk breach |
| > 10¾ hours work time | substantial risk breach |
| 24 hours | 12 hours work time | | ≤ 12¾ hours work time | minor risk breach |
| > 12¾ but not > 13¼ hours work time | substantial risk breach |
| > 13¼ but not > 13½ hours work time | severe risk breach |
| > 13½ hours work time | critical risk breach |
| | | 5 continuous hours stationary rest time, or 5 continuous hours rest time in an approved sleeper berth while the vehicle is moving | < 5 but not < 4¼ continuous hours of the relevant rest time | minor risk breach |
| | | < 4¼ but not < 3¾ continuous hours of the relevant rest time | substantial risk breach |
| | | < 3¾ but not < 3½ continuous hours of the relevant rest time | severe risk breach |
| | | < 3½ continuous hours of the relevant rest time | critical risk breach |
| 52 hours | | 10 continuous hours stationary rest time | < 10 but not < 9¼ continuous hours stationary rest time | minor risk breach |
| < 9¼ but not < 8¾ continuous hours stationary rest time | substantial risk breach |
| < 8¾ but not < 8½ continuous hours stationary rest time | severe risk breach |
| < 8½ continuous hours stationary rest time | critical risk breach |
| 7 days (168 hours) | 60 hours work time | | > 60 hours but not > 61½ hours work time | minor risk breach |
| > 61½ hours but not > 62½ hours work time | substantial risk breach |
| > 62½ hours but not > 63 hours work time | severe risk breach |
| > 63 hours work time | critical risk breach |
| | | (a) 24 continuous hours stationary rest time; and | < 24 but not < 23¼ continuous hours stationary rest time | minor risk breach |
| | | < 23¼ but not < 22¾ continuous hours stationary rest time | substantial risk breach |
| | | < 22¾ but not < 22½ continuous hours stationary rest time | severe risk breach |
| | | < 22½ continuous hours stationary rest time | critical risk breach |
| | | (b) 24 hours stationary rest time in blocks of at least 7 continuous hours | < 24 but not < 23¼ hours stationary rest time in total | minor risk breach |
| | | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach |
| | | < 23¼ but not < 22¾ hours stationary rest time in total | substantial risk breach |
| | | < 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach |
| | | < 22¾ but not < 22½ hours stationary rest time in total | severe risk breach |
| | | < 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach |
| | | < 22½ hours stationary rest time in total | critical risk breach |
| | | < 5½ continuous hours stationary rest time for a block | critical risk breach |
| 14 days (336 hours) | 120 hours work time | | > 120 hours but not > 121½ hours work time | minor risk breach |
| > 121½ hours but not > 122½ hours work time | substantial risk breach |
| > 122½ hours but not > 123 hours work time | severe risk breach |
| > 123 hours work time | critical risk breach |
| | | (a) 2 night rest breaks; and | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach |
| | | < 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach |
| | | < 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach |
| | | < 5½ continuous hours stationary rest time for a block | critical risk breach |
| | | (b) 2 night rest breaks taken on consecutive days | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach |
| | | < 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach |
| | | < 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach |
| | | < 5½ continuous hours stationary rest time for a block | critical risk breach |
sch 1: Am 2015 (824), secs 11–13.
Schedule 2
BFM hours and risk categories for contraventions of BFM hours
Schedule 2 BFM hours and risk categories for contraventions of BFM hours
Schedule 2 BFM hours and risk categories for contraventions of BFM hours
sections 9 and 10
Table 1 BFM hours—solo driver of fatigue-regulated heavy vehicle
| Column 1 | Column 2 | Column 3 | Column 4 |
| Total period | Maximum work time | Minimum rest time | Category of breach |
| | | | Circumstance of contravention | Risk category |
| In any period of … | … a driver must not work for more than … | … a driver must not rest for less than … | If in that period a driver has … | … the following category of breach is committed … |
| 6¼ hours | 6 hours work time | 15 continuous minutes rest time | > 6 hours work time | minor risk breach |
| 9 hours | 8½ hours work time | 30 minutes rest time, in blocks of at least 15 continuous minutes | > 8½ hours work time | minor risk breach |
| 12 hours | 11 hours work time | 60 minutes rest time, in blocks of at least 15 continuous minutes | ≤ 11¾ hours work time | minor risk breach |
| > 11¾ hours work time | substantial risk breach |
| 24 hours | 14 hours work time | | ≤ 14¾ hours work time | minor risk breach |
| > 14¾ but not > 15¼ hours work time | substantial risk breach |
| > 15¼ but not > 15½ hours work time | severe risk breach |
| > 15½ hours work time | critical risk breach |
| | | 7 continuous hours stationary rest time | < 7 but not < 6¼ continuous hours stationary rest time | minor risk breach |
| | | < 6¼ but not < 5¾ continuous hours stationary rest time | substantial risk breach |
| | | < 5¾ but not < 5½ continuous hours stationary rest time | severe risk breach |
| | | < 5½ continuous hours stationary rest time | critical risk breach |
| 7 days (168 hours) | 36 hours long/night work time | | ≤ 36¾ hours long/night work time | minor risk breach |
| > 36¾ but not > 37¼ hours long/night work time | substantial risk breach |
| > 37¼ but not > 37½ hours long/night work time | severe risk breach |
| > 37½ hours long/night work time | critical risk breach |
| 14 days (336 hours) | 144 hours work time | | ≤145½ hours work time | minor risk breach |
| >145½ hours but not > 146½ hours work time | substantial risk breach |
| >146½ hours but not > 147 hours work time | severe risk breach |
| > 147 hours work time | critical risk breach |
| | | (a) 24 continuous hours stationary rest time taken after no more than 84 hours work time; and | < 24 but not < 23¼ continuous hours stationary rest time | minor risk breach breach |
| | | < 23¼ but not < 22¾ continuous hours stationary rest time | substantial risk breach |
| | | < 22¾ but not < 22½ continuous hours stationary rest time | severe risk breach |
| | | < 22½ continuous hours stationary rest time | critical risk breach |
| | | (b) 24 continuous hours hours stationary rest time; and | < 24 but not < 23¼ continuous hours stationary rest time | minor risk breach |
| | | < 23¼ but not < 22¾ continuous hours stationary rest time | substantial risk breach |
| | | < 22¾ but not < 22½ continuous hours stationary rest time | severe risk breach |
| | | < 22½ continuous hours stationary rest time in total | critical risk breach |
| | | (c) 2 night rest breaks; and | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach |
| | | < 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach |
| | | < 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach |
| | | < 5½ continuous hours stationary rest time for a block | critical risk breach |
| | | (d) 2 night rest breaks taken on consecutive days | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach |
| | | < 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach |
| | | < 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach |
| | | < 5½ continuous hours stationary rest time for a block | critical risk breach |
Table 2 BFM hours—two-up driver of fatigue-regulated heavy vehicle
| Column 1 | Column 2 | Column 3 | Column 4 |
| Total period | Maximum work time | Minimum rest time | Category of breach |
| | | | Circumstance of contravention | Risk category |
| In any period of … | … a driver must not work for more than … | … a driver must not rest for less than … | If in that period a driver has … | … the following category of breach is committed … |
| 24 hours | 14 hours work time | | ≤ 14¾ hours work time | minor risk breach |
| > 14¾ but not > 15¼ hours work time | substantial risk breach |
| > 15¼ but not > 15½ hours work time | severe risk breach |
| > 15½ hours work time | critical risk breach |
| 82 hours | | 10 continuous hours stationary rest time | < 10 but not < 9¼ continuous hours stationary rest time | minor risk breach |
| < 9¼ but not < 8¾ continuous hours stationary rest time | substantial risk breach |
| < 8¾ but not < 8½ continuous hours stationary rest time | severe risk breach |
| < 8½ continuous hours stationary rest time | critical risk breach |
| 7 days (168 hours) | 70 hours work time | | > 70 but not > 71½ hours work time | minor risk breach |
| > 71½ hours but not > 72½ hours work time | substantial risk breach |
| > 72½ hours but not > 73 hours work time | severe risk breach |
| > 73 hours work time | critical risk breach |
| | | (a) 24 continuous hours stationary rest time; and | < 24 but not < 23¼ continuous hours stationary rest time | minor risk breach |
| | | < 23¼ but not < 22¾ continuous hours stationary rest time | substantial risk breach |
| | | < 22¾ but not < 22½ continuous hours stationary rest time | severe risk breach |
| | | < 22½ continuous hours stationary rest time | critical risk breach |
| | | (b) 24 hours stationary rest time in blocks of at least 7 continuous hours | < 24 but not < 23¼ hours stationary rest time in total | minor risk breach |
| | | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach |
| | | < 23¼ but not < 22¾ hours stationary rest time in total | substantial risk breach |
| | | < 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach |
| | | < 22¾ but not < 22½ hours stationary rest time in total | severe risk breach |
| | | < 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach |
| | | < 22½ hours stationary rest time in total | critical risk breach |
| | | < 5½ continuous hours stationary rest time for a block | critical risk breach |
| 14 days (336 hours) | 140 hours work time | | ≤141½ hours work time | minor risk breach |
| >141½ hours but not > 142½ hours work time | substantial risk breach |
| >142½ hours but not > 143 hours work time | severe risk breach |
| > 143 hours work time | critical risk breach |
| | | 4 night rest breaks | < 7 but not < 6¼ continuous hours stationary rest time for a block | minor risk breach |
| | | < 6¼ but not < 5¾ continuous hours stationary rest time for a block | substantial risk breach |
| | | < 5¾ but not < 5½ continuous hours stationary rest time for a block | severe risk breach |
| | | < 5½ continuous hours stationary rest time for a block | critical risk breach |
Schedule 3
Examples of concurrent fulfilment of minimum rest time requirements
Schedule 3 Examples of concurrent fulfilment of minimum rest time requirements
Schedule 3 Examples of concurrent fulfilment of minimum rest time requirements
section 22
sch.3-sec
Example 1
sch.3-sec Example 1
Example 1
(1) A solo driver working under standard hours intends to work the following 14 day schedule—
• work 6 consecutive days for 10 hours a day; then
• take 24 continuous hours of stationary rest on the 7th day; then
• again work 6 consecutive days for 10 hours a day; then
• on the 14th day, take another 24 continuous hours of stationary rest.
(2) Referring to Table 1 in Schedule 1, in addition to working for no longer than the maximum work times in Column 2, a solo driver under standard hours must have at least the following rest times (Column 3)—
• the minimum rest required for periods of 5½ hours, 8 hours and 11 hours;
• 7 continuous hours of stationary rest in every 24 hour period;
• 24 continuous hours of stationary rest in every 7 days;
• 4 night rest breaks in every 14 days, 2 of which must be on consecutive days.
(3) Section 5 of the Law states that a night rest break is either 7 continuous hours of stationary rest between 10pm on a day and 8am on the next day, or 24 continuous hours of stationary rest time.
(4) Under section 22, the driver will automatically meet a requirement for 1 night rest break when the driver takes 24 continuous hours or more of stationary rest, regardless of whether the 24 hour period includes 7 continuous hours between 10pm on a day and 8am on the next day.
(5) Therefore, the driver's schedule over the 14 day period will meet the requirement for a minimum of 24 continuous hours of stationary rest in every 7 days and 2 of the 4 required night rest breaks.
(6) The driver—
(a) must take at least 2 additional night rest breaks over the 14 day period; and
(b) to fulfil the requirement that 2 night rest breaks be on consecutive days, the driver may either—
(i) take the 2 additional night rest breaks on consecutive days; or
(ii) take at least 1 of the additional night rest breaks on a day that is consecutive to 1 of the periods of 24 continuous hours of stationary rest taken by the driver.
(7) Section 22 also allows the driver to fulfil the minimum rest time requirements in a number of additional ways, including, for example—
(a) the minimum rest time requirements for Column 1 periods of 5½ hours, 8 hours and 11 hours may be fulfilled concurrently with any of the other minimum rest time requirements for Column 1 periods of 5½ hours, 8 hours, 11 hours, 24 hours, 7 days and 14 days; and
(b) a night rest break requirement may be fulfilled concurrently with the requirement for 7 continuous hours of stationary rest in every 24 hour period, if the rest period taken includes at least 7 continuous hours of stationary rest between 10pm on a day and 8am on the following day; and
(c) the requirement for 7 continuous hours of stationary rest in every 24 hour period may be fulfilled concurrently with the requirement for 24 continuous hours of stationary rest in every 7 day period.
sch.3-sec-oc.2
Example 2
sch.3-sec-oc.2 Example 2
Example 2
(1) A driver only works under a two-up driving arrangement under BFM hours.
(2) Referring to Table 2 in Schedule 2, in addition to working for no longer than the maximum work times in Column 2, the driver must have at least the following rest time periods (Column 3)—
• 10 continuous hours of stationary rest in every 82 hour period (referred to in this example as requirement A);
• 24 continuous hours of stationary rest in every 7 days (referred to in this example as requirement B);
• 24 hours of stationary rest in blocks of at least 7 continuous hours in every 7 days (referred to in this example as requirement C); and
• 4 night rest breaks in every 14 days (referred to in this example as requirement D).
(3) Section 22 allows the driver to fulfil these requirements in a number of ways, including, for example—
(a) requirement A can be fulfilled concurrently with a block of at least 10 hours under requirement C, and, if at least 7 hours of the rest period taken are between 10pm on a day and 8am the next day, this can also fulfil the requirement for 1 of the night rest breaks under requirement D; or
(b) requirement B can be fulfilled concurrently with requirement A and the requirement for 1 of the night rests under requirement D.
(4) However, under section 22(3), the driver cannot fulfil requirement B concurrently with requirement C.
Schedule 4
Risk categories for contraventions of AFM hours
Schedule 4 Risk categories for contraventions of AFM hours
Schedule 4 Risk categories for contraventions of AFM hours
section 11
Schedule 5
Risk categories for contraventions of exemption hours
Schedule 5 Risk categories for contraventions of exemption hours
Schedule 5 Risk categories for contraventions of exemption hours
section 12
Table Exemption hours—categories of breaches
| Column 1 | Column 2 |
| Total period | Category of breach |
| | Circumstance of contravention relating to work time | Circumstance of contravention relating to rest time | Risk category |
| In any period of … | If a driver has exceeded the maximum work time by … | If a driver has had less than the minimum rest time by … | … the following category of breach is committed … |
| Less than 7 days | ≤ 45 minutes work time | ≤ 45 minutes rest time | minor risk |
| > 45 but ≤ 75 minutes work time | > 45 but ≤ 75 minutes rest time | substantial risk |
| > 75 but ≤ 90 minutes work time | > 75 but ≤ 90 minutes rest time | severe risk |
| > 90 minutes work time | > 90 minutes rest time | critical risk |
| 28 days, if the period is 7 days or more | ≤ 1½ hours work time | | minor risk |
| > 1½ but ≤ 2½ hours work time | | substantial risk |
| > 2½ but ≤ 3 hours work time | | severe risk |
| > 3 hours work time | | critical risk |
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
1 Short title
This Regulation may be cited as the Heavy Vehicle (Fatigue Management) National Regulation (NSW).
2 Commencement
2 Commencement
2 Commencement
This Regulation commences in a participating jurisdiction on the day on which Chapter 6 of the Law commences in that jurisdiction.
Note—
In this Regulation, a reference to ‘the Law’ is a reference to the Heavy Vehicle National Law. See section 12(2) of Schedule 1 of the Heavy Vehicle National Law.
3 Definition
3 Definition
3 Definition
In this Regulation—
long/night work time means any work time—
(a) in excess of 12 hours in a 24 hour period; or
(b) between 12 midnight and 6am (or the equivalent hours in the time zone of the driver’s base if the driver is on a journey in a fatigue-regulated heavy vehicle).
Examples
• a period of working for 53 minutes in excess of 12 hours in a 24 hour period counts as 1 hour of long/night work time.
• a period of working for 141 minutes between 12 midnight and 3 am counts as 2½ hours of long/night work time.
4 Interpretation provisions
4 Interpretation provisions
4 Interpretation provisions
(1) Terms used in this Regulation and Chapter 1 or 6 of the Law have the same meanings in this Regulation as they have in Chapter 1 or 6 of the Law.
(2) To avoid doubt, sections 244 to 248 of the Law applies when counting time in a period mentioned in the Tables in the Schedules.
Example—
A reference in column 1 of a Table in the Schedules to any period of a particular number of hours or days is a reference to that number of hours or days as determined by applying section 247 of the Law.
Part 2 Maximum work requirements and minimum rest requirements
Part 2 Maximum work requirements and minimum rest requirements
Third, the Regulation sets operational technology and equipment requirements and administrative aids. It treats data from an electronic work diary’s GNSS functionality and odometer recordings as satisfying place and odometer requirements (s 16A), prescribes odometer accuracy and display requirements for vehicles manufactured with an odometer (s 24), and lists matters authorised officers must consider when ordering fatigued drivers to stop work (s 25). It also contains rules on when minimum rest requirements can be taken concurrently (s 22) and provides worked examples (Schedule 3) showing how concurrent fulfilment operates.
Official rationales (where the Regulation itself or accompanying notes state them) are regulatory: to give effect to the Law’s fatigue limits by creating clear, enforceable numerical thresholds and consistent diary requirements. These are presented within the Regulation as operational necessities (for example s 4(2) directs use of sections 244-248 of the Law when counting time in schedule tables). Testing that rationale against costs and incentives shows the Regulation shifts administrative and compliance costs onto drivers and operators (detailed recording obligations, investment in EWDs or maintaining odometers to ±10% accuracy, training to apply minute‑level thresholds and concurrency rules), while centralising enforcement discretion in authorised officers and the Law’s penalty machinery (see s 25 and the cross‑references to the Law in ss 5(3), 9(3), 11(1), 12).
Who pays: drivers and operators incur the direct compliance burden in the form of time spent recording (ss 15-19, 21), equipment costs for electronic work diaries and GNSS/odometer integration (s 16A, s 24), and potential monetary penalties where breaches of the Law are proved under the risk categories established by the Regulation (Schedules 1-5; s 18A sets a specific maximum penalty for diary form changes only). Who decides: drivers choose which hours regime to operate under where options are given (for example a solo bus driver must elect either s 5 or s 6 standards under s 7), operators decide on pursuit of BFM or AFM accreditation (referenced at s 15(g)-(h)), and authorised officers exercise stoppage discretion informed by s 25. Behaviour changes this produces include tighter scheduling of shifts to meet minute‑level thresholds, greater uptake of EWDs to use GNSS and odometer automation, changes to record‑keeping arrangements and potential operational reliance on accredited BFM/AFM schemes to obtain different work/rest trade‑offs.
Sections cited: see ss 5-12 (hours and risk mapping), ss 13-21 (work diary rules), s 16A (electronic diaries and GNSS), s 18A (change‑of‑form penalty), s 22 (concurrent rest rules), s 24 (odometer duties), s 25 (authorised officer considerations), Schedules 1-5 (the tables).
Main concepts
The Regulation rests on a few recurrent legal and operational concepts. Each is set out, defined or applied in the text and tables; the Regulation repeatedly cross‑refers to the Heavy Vehicle National Law (the Law) for terms and enforcement.
Total period, maximum work time, minimum rest time, and risk category. Each Table cell in Schedules 1-5 pairs a “total period” (for example 24 hours, 7 days, 14 days) with a numerical maximum work time and minimum rest time and then identifies the “category of breach” (minor, substantial, severe, critical) if the driver exceeds or falls short. The mapping is procedural: a contravention of a specified section of the Law for a period in the table is a breach of the risk category shown (for example s 5(3) ties table entries to contraventions of s 250(1) of the Law).
Standard hours, BFM hours, AFM hours, and exemption hours. The Regulation treats different fatigue management regimes as discrete sets of thresholds. Standard hours are set out in Schedule 1 (ss 5-8). BFM hours are in Schedule 2 (ss 9-10). AFM hours are dealt with through risk category mechanisms in Schedule 4 (s 11). Exemption hours have their own table in Schedule 5 (s 12). The Regulation does not itself set the accreditation process for BFM or AFM , it presumes operator accreditations exist under the Law (see s 15(g)-(h) which require drivers operating under an operator’s BFM or AFM accreditation to record the accreditation number).
Two‑up driving arrangements. Several provisions specifically apply where two drivers alternate driving (ss 8, 10, 16(2)(a)(iii)-(iv), 17). The tables for two‑up drivers specify different rest thresholds (for example Table 3, Schedule 1 and Table 2, Schedule 2). A distinct recording regime applies to capture the identity and work diary page of the co‑driver (s 17).
Work diary and formats. “Work diary” is the vehicle for compliance evidence. The Regulation distinguishes written work diaries and electronic work diaries (s 18A(3)) and prescribes specific information and timing obligations (ss 15-16, 19). Electronic work diaries may use GNSS functionality to satisfy place recording requirements and may auto‑record odometer readings (s 16A), but the driver remains responsible for confirming the information when required.
Concurrent fulfilment of minimum rest time requirements. Section 22 allows certain rest periods to count simultaneously towards multiple minimum rest requirements in the tables, subject to specific exclusions (s 22(3) lists three categories that cannot be fulfilled concurrently).
Escalated risk contraventions for AFM. For AFM regimes, the Regulation adds escalated thresholds in Schedule 4 Part 2 which produce more severe categorizations for smaller exceedances in certain periods (for example Table 1 and Table 2 of Schedule 4 set separate thresholds and an “escalated risk contravention” concept , s 11(2) defines escalated risk contraventions).
Evidence, equipment and accuracy. GNSS functionality and odometer readings are explicitly accepted forms of satisfying location and cumulative distance recording (s 16A, s 24). Odometer owners must maintain displays showing cumulative distance and keep accuracy to ±10% (s 24(3)-(4)).
Cross‑references to the Law for counting time and broader enforcement. The Regulation frequently defers to the Law for counting time (s 4(2) refers to ss 244-248 of the Law) and for which contraventions map to the tables (for example s 5(3) references s 250(1) of the Law).
These concepts combine to create an operational compliance regime: numeric thresholds that produce defined risk classes if breached, documentary proof via work diaries (paper or electronic), technology to automate certain fields, and rules for treating rest periods as fulfilling multiple requirements where permitted. All of these are connected to the Law’s enforcement structure rather than setting independent monetary penalties (the Regulation sets one specific monetary cap in s 18A for changing diary form).
Who it affects
The Regulation primarily affects drivers of fatigue‑regulated heavy vehicles, vehicle owners with original odometers, operators who choose to hold or rely on BFM or AFM accreditation, and authorised officers who police fatigue compliance.
Drivers. The Regulation places the bulk of recording and behavioural obligations on drivers. Those obligations include: selecting and recording which hours regime the driver is operating under at the start of the day (s 15(1)(e)), recording detailed information at every work/rest change (s 16(2)-(5)), recording the total work and rest time for each day (s 19), signing and dating daily sheets (s 21), and making specific records where the driver becomes part of a two‑up arrangement (s 17). Drivers who change between a written and an electronic work diary must record the time and location of the change in both diaries and the security number of the written diary in the electronic diary, subject to a maximum penalty of $1500 (s 18A).
Vehicle owners. Section 24 imposes duties on vehicle owners where an original odometer was fitted at manufacture. Owners must ensure an odometer is fitted that complies with display requirements (cumulative distance since fitting, repair, or reset) and must maintain the odometer to an accuracy of ±10% (s 24(2)-(4)). The owner’s duty interacts with drivers’ diary requirements because odometer readings are a required diary field at each work/rest change (s 16(2)(d)), and electronic work diaries may take odometer readings automatically (s 16A(3)).
Operators and accreditations. The Regulation references operator BFM and AFM accreditations. Drivers operating under an operator’s BFM or AFM accreditation must record the accreditation number unless it has already been recorded and remains current (s 15(1)(g)-(h)). The Regulation therefore affects operators who hold BFM/AFM accreditations by making accreditation numbers a necessary part of driver records and by applying different work/rest tables to accredited activities (Schedules 2 and 4).
Employers/record keepers. Notes to ss 19 and 21 refer to section 322(2) of the Law, which requires that, where the driver’s record keeper is a person other than the driver, a copy of recorded information be given to the record keeper within 21 days. Those obligations therefore affect employers who act as record keepers, who must ensure they receive and store these records.
Two‑up co‑drivers. The other driver in a two‑up arrangement is directly implicated by s 17, which requires recording of the co‑driver’s identity, licence details, jurisdiction, and unique identifying page number on the co‑driver’s work diary or other specified alternatives if using shared EWDs or supplementary records.
Authorised officers. The Regulation directs what authorised officers must take into account when ordering a driver to stop work: s 25 requires that an authorised officer consider 7 hours as the minimum reasonable rest and 24 hours as a reasonable rest. That both constrains and guides enforcement discretion under s 540 of the Law, which it references.
Service and technology providers. Electronic work diary suppliers and GNSS/odometer integration vendors are affected because the Regulation accepts GNSS capture and EWD odometer recording (s 16A). Drivers and operators relying on those systems must ensure the technology records the specific fields and can produce evidence consistent with the Regulation.
Who bears costs and where choices sit. Drivers and owners principally bear compliance and equipment costs (time, training, hardware, maintaining odometer accuracy). Operators decide whether to pursue BFM/AFM accreditation because those schemes alter the available work/rest trade‑offs. Authorised officers and enforcement agencies retain decision authority over stoppage periods and the prosecution of breaches, but the Regulation frames the factual matrix (minutes/thresholds and files) they will test against. Behavioural effects include tighter shift planning (minute‑level thresholds), record keeping process changes (daily sheets, electronic systems), and possible investment in odometer/GNSS/EWD systems to reduce manual recording burdens.
Key duties and rights
The Regulation creates clear duties for record‑keeping, work/rest behaviour and equipment maintenance, while setting limited driver rights in the form of choice between regimes and procedural protections by timing of recording.
Principal duties
Choose and record the operating regime. Drivers must record which regime they are operating under immediately after starting work: standard hours, BFM, AFM, or exemption hours (s 15(1)(e)). For solo drivers of fatigue‑regulated buses the driver must choose between the standard hours set out in s 5 and the separate standard hours for buses in s 6 and may not operate under both (s 7).
Observe numerical work and rest limits. Drivers must comply with the maximum work time and minimum rest requirements set in the applicable schedule and table for their chosen regime (ss 5-12 and Schedules 1-5). Each table establishes when an excess or shortfall constitutes a minor, substantial, severe, or critical risk breach; those categories are the Regulation’s mechanism for informing the enforcement consequences of contraventions (e.g. s 5(3)).
Record detailed diary information at prescribed times. Immediately after starting work, drivers must record day/date, vehicle registration, driver name, licence number, the hours scheme, whether solo or two‑up, accreditation numbers if operating under accredited BFM/AFM (unless already recorded and current), base and record location addresses (unless previously recorded and current), and the time zone of the driver’s base (s 15(1)(a)-(k)). Drivers must also record information in relation to every work/rest change: the type of change, time, place, odometer reading where fitted, vehicle registration (subject to exceptions), and the work or rest time since the previous change (s 16(2)-(3)). Section 16(1) controls timing of those entries relative to when a day becomes a diary day under the Law.
Maintain and make available total work/rest records. Drivers must record the total work and rest time for each day (s 19) and sign and date the daily sheet within specified timing boundaries (s 21). Notes to those sections reference the Law’s requirements about record availability and transfer to a record keeper within 21 days (the Law’s ss 322 and 341).
Maintain vehicle odometer. Where an odometer was fitted at manufacture, owners must ensure an odometer is fitted and maintained with display requirements and an accuracy of ±10% (s 24(2)-(4)). Drivers rely on that odometer for required diary entries (s 16(2)(d)).
Record changes in base, record location or accreditation. Drivers must promptly record the date and new address when their base or record location changes, or record the new accreditation number on the day of change (s 18(1)-(2)).
Make two‑up specific records. Before or immediately after a driver becomes part of a two‑up arrangement, the driver must record the co‑driver’s name, current licence number and jurisdiction, and the unique identifying page number on the other driver’s daily sheet (s 17(1)-(2)). There are exceptions where shared EWDs are used or supplementary records apply (s 17(3)).
Limited rights and procedural protections
Choice of regime. Certain drivers have an explicit choice to elect a different regime: e.g. a solo fatigue‑regulated bus driver may operate under standard hours in s 5 or the bus‑specific standard hours in s 6, but not both (s 7). This choice is a right the Regulation recognises, but once chosen the driver must record that choice for the day (s 15(1)(e)).
Electronic diary functionality recognised. Drivers using an electronic work diary (EWD) can satisfy place and odometer recording requirements through GNSS data or EWD odometer capture (s 16A(2)-(3)). The Regulation therefore grants the right to rely on technology to meet certain record‑keeping duties, but the driver must confirm the EWD data where required (s 16A(2)(b)).
Narrow tolerance for minor overrun if using an EWD. For standard and BFM hours (ss 5(4), 6(4), 8(4), 9(4), 10(4)), where a would‑be minor risk breach is not more than an 8‑minute excess of maximum work time within a total period not more than 24 hours, the driver avoids being treated as committing a minor risk breach only if the driver records that excess period using an electronic work diary. This creates a limited procedural protection for small, documented overruns but conditions it upon using EWDs.
Recording change between diary forms: compliance plus sanction. Section 18A requires both diaries to record the time and location of a form change and the security number of the written diary within the EWD. The section expressly sets a maximum penalty ($1500), the only explicit monetary cap inside the Regulation itself.
Authorised officer guidance. Where an authorised officer requires a fatigued driver to stop working, s 25 requires the officer to have regard to 7 hours as a minimum reasonable rest and 24 hours as reasonable. That creates a statutory guide to what an authorised officer should consider when exercising stoppage power under s 540 of the Law.
Relation to the Law and enforcement machinery
The Regulation itself creates duties and categorises contraventions, but it repeatedly defers to the Heavy Vehicle National Law for the substantive offence provisions and penalty framework (for example s 5(3) links table entries to s 250(1) of the Law). The Regulation therefore operates as the technical specifications and evidence rules the Law’s offence and enforcement provisions will apply to.
Penalties and enforcement
The Regulation sets out categorical risk ratings for contraventions and prescribes one specific maximum monetary penalty, while deferring substantive penalty levels and prosecutorial processes to the Heavy Vehicle National Law and enforcing authorities.
Risk categories and enforcement significance
The Regulation does not itself list monetary penalties for the majority of contraventions. Instead it maps breaches of the Law’s fatigue provisions to risk categories (minor, substantial, severe, critical) and specifies the factual triggers for those categories in the Schedules. For example, s 5(3) states that a contravention of s 250(1) of the Law for any period stated in Schedule 1 column 1 is a breach of the risk category stated in column 4. Equivalent mappings exist for BFM (s 9(3)), AFM (s 11(1)), exemption hours (s 12), and two‑up BFM rules (s 10(3)).
Those categories are the Regulation’s means of translating measured excess work time or shortfall in rest time into an enforcement classification that the Law can then act upon. The Regulation establishes the factual thresholds (minutes/hours) that determine a prosecution’s character, but the Law sets the penalties corresponding to those categories (the Regulation defers prosecution and sanction details to the Law).
Specific monetary penalty in the Regulation
Section 18A is the sole provision in the Regulation that prescribes a maximum penalty of $1500 for failing to record required information when changing between forms of work diary (written to electronic, and vice versa). This is an explicit monetary sanction created by the Regulation itself.
Enforcement actors and functions
Authorised officers. The Regulation informs enforcement discretion by instructing what an authorised officer must consider when ordering a fatigued driver to stop work (s 25). Under s 25(2) an authorised officer must have regard to a period of 7 hours as a minimum reasonable rest and 24 hours as reasonable. The Regulation therefore channels authorised officer decisions by setting expected rest durations that should influence enforcement actions under s 540 of the Law.
Record evidence. Work diaries (written or electronic) and vehicle odometer/GNSS data are the primary evidence base that enforcement agencies will examine. Section 16A accepts EWD GNSS capture and EWD odometer recording as satisfying place and odometer requirements; s 24 sets odometer display accuracy and cumulative recording duties. Those technical provisions affect admissibility and the practical ease of proving contraventions.
Offence categorisation and prosecution. Prosecutions under the Law will use the Regulation’s schedules and tables to determine whether behaviour constitutes the relevant category of breach. For example, an investigator assessing a 24‑hour period for a solo driver under standard hours will consult Table 1 of Schedule 1 and s 5(3) to identify whether an excess of work time by a specified number of minutes equates to a minor, substantial, severe or critical risk breach.
Procedural timeframes and record availability
The Regulation’s notes and cross‑references indicate record availability obligations under the Law: the notes to ss 19 and 21 mention that if the driver’s record keeper is another person section 322(2) of the Law requires a copy of recorded information be given to the record keeper within 21 days; if the driver is their own record keeper section 341(4) requires the record or a copy to be available within 21 days at the driver’s record location. Those timeframes matter for enforcement because they define how quickly investigators can demand records from employers or drivers.
Limits on enforcement discretion
The Regulation does not itself grant or remove powers to issue infringement notices, commence prosecutions, or impose licence sanctions; those powers remain in the Law and in the exercise of authorised officers and prosecuting authorities. The Regulation’s role is to create the factual thresholds and record rules that enforcement uses.
Implementation and evidentiary effects
Technology acceptance (s 16A) lowers the evidentiary cost of proving location and odometer entries where EWDs record GNSS and odometer readings automatically, but the Regulation preserves the driver’s obligation to confirm EWD entries inaccuracy or provide modifications (s 16A(2)(b)). This affects enforcement as prosecutions may rely either on EWD metadata or on driver confirmations.
Odometer accuracy (s 24(4)) creates a potential defence or complicating fact in enforcement actions where odometer readings are relied upon to prove distance or use; owners must maintain ±10% accuracy and an appropriate display (s 24(3)-(4)), otherwise odometer evidence may be less reliable.
In short, the Regulation sets the evidentiary and classification framework for enforcement while leaving the prosecution machinery to the underlying Law. The one direct monetary sanction in the Regulation is s 18A’s maximum penalty for failing to record diary form changes.
How it interacts with other laws
The Regulation is explicitly designed to operate as a subordinate instrument to the Heavy Vehicle National Law (the Law) and to interact with various other statutes and administrative requirements. The text repeatedly cross‑references the Law and prescribes how the Regulation’s provisions are to be read in conjunction with the Law.
Primary interaction with the Heavy Vehicle National Law
Definitions and offences. Section 4(1) states terms used in this Regulation and Chapter 1 or Chapter 6 of the Law have the same meanings, anchoring the Regulation’s terminology in the Law. The Regulation maps contraventions under specific sections of the Law to the risk categories in its Schedules (for example s 5(3) links to s 250(1) of the Law, s 8(3) to s 251(1), s 9(3) to s 254(1), s 10(3) to s 256(1), and s 11(1) to s 258(1)). This makes the Regulation functionally an implementation schedule for the Law’s fatigue provisions.
Counting time. Section 4(2) clarifies that ss 244-248 of the Law apply when counting time for the periods indicated in the Tables. This means calculations of “in any period of …” and the determination of hours/days must follow the Law’s provisions for counting hours and days, an essential procedural interoperability requirement.
Record‑keeping obligations under the Law. Several Regulation sections (notably ss 13-21) apply “for the purposes of Subdivision 2 and Subdivision 3 of Division 2 of Part 6.4 of the Law” and refer to the Law’s ss 289, 294, 299, 301, 322 and 341 in notes and cross‑references. Those references establish that the Regulation’s diary requirements are procedural specifications that the Law’s record‑keeping and evidentiary sections will enforce.
Other statutory cross‑references and workplace safety laws
Prescribed driver offence or fatigue duty under another law. Section 23 prescribes a list of occupational health and safety Acts across jurisdictions for the definition contained in s 228(4) of the Law. The list includes Work Health and Safety Acts in each participating jurisdiction (ACT, NSW, NT, Qld, SA, Tas), the Occupational Health and Safety Act 2004 (Vic) and the Occupational Health and Safety Act 1984 (WA). This creates a bridge between fatigue duties under the Law and duties under workplace health and safety legislation, for the purposes of the specific definition in the Law.
Administrative and evidentiary interaction
Work diaries and record keepers. Notes in ss 19 and 21 reference the Law’s provisions requiring copies of records to be provided to record keepers or made available at record locations within 21 days (ss 322 and 341 of the Law). The Regulation therefore relies on the Law for record retention, audit, and inspection mechanisms.
Authorised officer powers under the Law. Section 25 applies for the purposes of s 540 of the Law. It provides guidance on what an authorised officer should have regard to when requiring a driver to stop work. The Regulation therefore shapes how authorised officers exercise Law‑based powers.
Technology and equipment standards
Electronic work diaries and GNSS/odometer evidence. The Regulation recognises EWD GNSS and odometer recording (s 16A) and imposes odometer owner obligations (s 24). These are technical standards that interact with the Law’s evidentiary and inspection powers: an authorised officer relying on odometer or EWD data will do so pursuant to the Law’s inspection and evidence rules.
Limits of interaction
The Regulation does not replace the Law. It sets the technical thresholds and recording requirements, but penalties, licensing consequences, and enforcement procedures are the Law’s domain. Where the Regulation prescribes a “maximum penalty” (s 18A), that monetary cap is specific to the Regulation and coexists with the Law’s broader enforcement regime.
AFM/BFM accreditation process. The Regulation references BFM and AFM accreditations but does not itself establish the accreditation process or criteria; those are established under the Law (s 15 defines “accreditation number” as a number given under s 464 of the Law, or under corresponding state/territory law).
In short, the Regulation functions as the Law’s technical annex for fatigue management: it prescribes quantifiable thresholds, recording mechanics, technological recognition, and guidance for authorised officers, while depending on the Law for definitions, the counting of hours, accreditation processes and the sanctions/enforcement machinery.
Amendment history
The text of the Regulation itself contains amendment annotations that indicate when particular sections or schedules were inserted, amended or repealed. The Regulation therefore carries a compact internal amendment history that must be read alongside the Heavy Vehicle National Law.
Amendments recorded within the text
2015 amendments. The Regulation annotates several amendments with “Am 2015 (824)”. Specific insertions/changes include:
Sections 5 and 6 note amendments in 2015 (s 5: Am 2015 (824), sec 4; s 6: Am 2015 (824), sec 5). Those sections set out the standard hours tables and the 8‑minute electronic work diary tolerance (s 5(4), s 6(4)).
Section 8 is annotated “s 8: Am 2015 (824), sec 6” and includes the same 8‑minute EWD tolerance for two‑up drivers (s 8(4)).
Section 9 and 10 show amendments “s 9: Am 2015 (824), sec 7” and “s 10: Am 2015 (824), sec 8” for BFM tables and two‑up BFM EWD tolerance adjustments (s 10(4)).
Section 16A was inserted in 2015 (s 16A: Ins 2015 (824), sec 9), creating the EWD GNSS/odometer recognition rules.
Section 18A was inserted in 2015 (s 18A: Ins 2015 (824), sec 10) to require recording changes between diary forms and to impose a maximum penalty of $1500.
Schedule 1 is annotated as amended in 2015 (sch 1: Am 2015 (824), secs 11-13), indicating that the standard hours tables were substantively updated at that time.
2017 amendments and repeals. The Regulation notes amendments in 2017 (2017 (329)):
Section 23 was amended in 2017 (s 23: Am 2017 (329), sec 4) with the inclusion of the list of occupational health and safety Acts prescribed for the Law’s definition in s 228(4).
Sections 26 and 27 are marked as repealed by 2017 (s 26: Rep 2017 (329), sec 5; s 27: Rep 2017 (329), sec 5). Those sections are not present in the current text, but the annotations confirm they were removed.
Interpretation of the annotations
The Regulation’s internal amendment notes provide a trail of substantive insertions (notably the 2015 EWD provisions and diary form change rule) and later adjustments (the 2017 OHS Acts list and repeals). Those inserted provisions reflect technological adaptation (recognition of EWD, GNSS, and odometer auto‑capture) and administrative clarifications (diary form change recording).
The annotation style used (for example “Am 2015 (824), sec 4”) gives the reader a statutory citation to the amending instrument and section number; to examine the legislative history in detail, one would consult those amending instruments cited.
No other amendments are recorded in the Regulation text provided. The Regulation defers numerous matters (accreditation, counting of time, penalties) to the Law, so those aspects of the overall fatigue regime will have their own amendment histories located in the Law and in the associated amending instruments.
Practical consequence for compliance and audit
Because significant changes were made in 2015 to incorporate EWDs and GNSS, operators and drivers who updated systems prior to 2015 will have had to adapt technical and procedural compliance processes. The 2017 changes adjusted the cross‑link to workplace safety statutes and removed obsolete sections; compliance programmes should reflect those evolution points.
The Regulation itself has limited explicit monetary penalties (only s 18A), so changes to enforcement and sanction levels will depend on amending the Law rather than the Regulation. Therefore, reviewing the amendment history of the Heavy Vehicle National Law is necessary to understand broader enforcement developments.
Litigation history
The Regulation text provided contains no judicial decisions, case law references or litigation excerpts. It names no cases and does not recount disputes about its interpretation. Because the Regulation functions primarily as a technical implementation instrument for the Heavy Vehicle National Law, litigation that engages these rules would ordinarily appear in prosecutions or judicial review proceedings under the Law rather than within this instrument.
Consequences of the absence of litigation in the text
No interpretive guidance from courts is included in the Regulation itself. Practising lawyers, compliance officers and enforcement agencies therefore must rely on the plain text of the Regulation and the Law for interpretation unless and until courts have considered particular factual scenarios. For example, minute‑level thresholds, the scope of “work time” and “rest time,” and the evidentiary sufficiency of EWD GNSS or odometer data may be litigated in the future; the Regulation itself provides the operative rules but not judicial gloss.
The Regulation sets discrete numerical classifications (Schedules 1-5) that are fact‑intensive and likely to generate contested factual issues (how to count overlapping rest periods, compliance with odometer accuracy, whether an EWD accurately recorded a place or odometer reading). Without reported litigation in the Regulation, interested parties should expect that legal disputes will centre on factual proof and the Law’s interpretive provisions referenced in s 4(2) for counting time.
How readers should approach the litigation gap
If a legal practitioner needs precedent, they must search for cases decided under the Heavy Vehicle National Law that interpret the Regulation’s tables or diary requirements. The Regulation’s frequent cross‑references mean that Law‑level decisions on counting time (ss 244-248), on record‑keeping obligations (ss 289, 294, 299, 301), and on prosecution and penalty application will be the principal sources of judicial construction.
In the absence of reported cases specifically discussing the Regulation, compliance advice must be grounded strictly in the Regulation’s language and in the Law’s counting and record‑keeping provisions. Practitioners should also monitor decisions that test EWD GNSS evidence or odometer accuracy (s 24) because those technical matters will be central to many prosecutions or administrative reviews.
Because this instrument is a subordinate regulation, judicial challenges may also arise through administrative law avenues (for example, review of authorised officer powers under the Law where s 25 is relevant), but those matters will be litigated in the context of the Law’s framework, not within this Regulation’s text.
In sum, the Regulation itself contains no litigation history. Users must look to cases under the Heavy Vehicle National Law and to tribunal or court determinations involving EWDs, odometer evidence, and the Law’s counting conventions to find judicial interpretation of the Regulation’s practical application.
Gotchas
The Regulation is precise and minute in its thresholds and record rules. Several features are easy to overlook and can create compliance traps if not explicitly managed.
Minute‑level thresholds and numerical bins. The Schedules map small increments of excess work or shortfall in rest to escalating risk categories (Schedules 1-5). For example, for a solo driver under standard hours, at the 24‑hour level an excess of more than 12¾ but not more than 13¼ hours moves a breach from “substantial” to “severe,” and so on (Schedule 1 Table 1). These minute and quarter‑hour boundaries require precise counting and impose a high evidentiary and record‑keeping burden on drivers and operators. Section 4(2) directs that counting must follow ss 244-248 of the Law, so any misapplication of time counting will alter the category of breach.
EWD conditional leeway. Multiple sections (s 5(4), s 6(4), s 8(4), s 9(4), s 10(4)) give an 8‑minute tolerance for otherwise minor risk breaches, but only if the driver uses an electronic work diary and records the overrun there. That creates a narrow procedural advantage tied to a specific technology. Relying on the tolerance without EWD use will not excuse the breach.
Change of diary form has a standalone penalty. Section 18A mandates that when switching between written and electronic diaries drivers must record time/location in both diaries and the security number of the written diary in the EWD, with a maximum penalty of $1500 for non‑compliance. Drivers who “try out” EWDs intermittently must comply with this technical requirement or risk the fine.
GNSS evidence can be modified by driver. Section 16A allows EWD GNSS capture of place and EWD odometer recording to satisfy s 16(2)(c)-(d), but the driver must confirm or modify the place recorded by the EWD for accuracy (s 16A(2)(b)). This means GNSS auto‑entries are strong evidence, but the Regulation expressly leaves room for the driver to correct inaccuracies; inconsistencies between GNSS entries and driver modifications will be factual points in any enforcement action.
Owner odometer obligations can shift evidentiary risk. Section 24(2)-(4) requires owners to ensure an odometer is fitted that displays cumulative distance since fitting/repair/reset and to keep it accurate to ±10%. If the odometer is unreliable, the driver’s required odometer entries (s 16(2)(d)) may be ambiguous and enforcement may be complicated. Operators who rely on odometer readings for proving distances and compliance must ensure odometer accuracy is demonstrable. Note: the Regulation applies the owner duty only where an original odometer was fitted at manufacture (s 24(2)).
Concurrent fulfilment exceptions. Section 22 allows many rest requirements to be fulfilled concurrently, but s 22(3) lists important exceptions. For example, a “2 night rest breaks” requirement cannot be met concurrently with a “2 night rest breaks taken on consecutive days” requirement. Failing to account for these exceptions may leave drivers short of a required specific configuration of rest breaks despite taking sufficient aggregate rest.
Two‑up recording and page numbers. Section 17 requires drivers in two‑up arrangements to record the co‑driver’s unique identifying page number on the co‑driver’s daily sheet, unless using a shared EWD or supplementary record. The “unique identifying page number” combines the diary’s unique identifying number with the page number for the daily sheet. Failure to record the precise page number (or to sign the co‑driver’s diary as required) can break the evidentiary link between the two diaries.
Timing for record entries can retroactively trigger diary obligations. Section 16(1)(b) covers the case where a day that was not a diary day at the time of a work/rest change later becomes a diary day because of a later event (for example, a decision to undertake a journey outside a 100 km radius). The driver must then, as soon as practicable, record the information required for earlier changes earlier that day. This retroactive obligation may catch drivers who did not anticipate the later need for a diary day.
AFM escalated contraventions are stricter in some windows. Schedule 4 Part 2 defines escalated risk contraventions with much shorter tolerance bands (for example, an exceedance of 15 minutes becomes a substantial risk breach under escalated thresholds, see Schedule 4 Part 2 Table 2). Operators and drivers using AFM must therefore be particularly attentive to short exceedances in specific monitoring windows (24 hours, 14 days, 28 days) because the escalated tables will convert relatively small overages into higher risk categorizations.
The Regulation is technical but not exhaustive on sanction levels. The instrument provides only risk categories and one specific monetary cap (s 18A). The Law will determine actual fines, demerits, licence effects and prosecutorial pathways. Practitioners should not rely on the Regulation alone to estimate monetary exposure; they must consult the Heavy Vehicle National Law for sanction tables.
Cross‑jurisdictional occupational health and safety obligations. Section 23 prescribes a list of workplace safety Acts across jurisdictions for a definition in the Law. For operators and employers, this means fatigue breaches may interact with statutory occupational health and safety duties in multiple jurisdictions, which can create parallel compliance and enforcement obligations beyond the fatigue regime itself.
Evidence retention and record transfer time windows. The Regulation’s notes reference the Law’s requirements that records be supplied to record keepers or made available within 21 days (Law ss 322 and 341). Failure to maintain systems that deliver diary copies within those windows can create administrative breaches.
These “gotchas” show the Regulation’s mix of detailed technical thresholds, technology‑dependent tolerances, and retroactive diary triggers. Compliance programmes should test minute resolution time counting, EWD data flows and confirmation procedures, odometer maintenance and proof of repair/reset events, two‑up diary cross‑referencing, and the administrative capacity to produce record copies within the Law’s 21‑day timeframes.
How to comply
Compliance with the Regulation requires an integrated approach combining policy choices (which fatigue regime to adopt), administrative systems (work diary regime, record keepers), technology (electronic work diaries, GNSS), vehicle maintenance (odometer accuracy) and training. The following practical steps map directly to the Regulation’s provisions and offer a compliance checklist grounded in the text.
Decide which hours regime applies and record it daily (s 15(1)(e); s 7).
Solo drivers of fatigue‑regulated buses must elect either the general standard hours (s 5) or the bus‑specific standard hours (s 6) and cannot operate under both on the same day (s 7).
Where an operator holds BFM or AFM accreditation, drivers must note the accreditation number in their diary each day unless it is already recorded and still current (s 15(1)(g)-(h)). Compliance step: implement a process to ensure drivers select and record the regime at the start of each diary day.
Implement and train on the work diary requirements and timing (ss 13-16, 19, 21).
Immediately after starting work or immediately before/after the first change from work to rest or from rest to work, drivers must record the day/date, vehicle registration, name, licence number, chosen hours regime, solo/two‑up status, base and record location addresses (s 15(1)(a)-(j)), and time zone of base (s 15(1)(k)).
For every work/rest change, the driver must record the type of change, time, place, odometer reading (if fitted), vehicle registration (subject to exceptions) and the work/rest time since the previous change (s 16(2)-(4)). Record the total work and rest for the day before the next diary day or within the timeframes referenced in s 19. Compliance step: standardise diary entries and create checklists and prompts (paper or electronic) so drivers capture these items at required times.
Adopt an Electronic Work Diary (EWD) where practical and ensure EWD capabilities match regulatory requirements (s 16A, s 18A).
Use EWD GNSS functionality to satisfy place requirements (s 16A(2)(a)) and EWD odometer capture for odometer entries (s 16A(3)), and ensure drivers confirm or correct GNSS place records if required (s 16A(2)(b)).
If drivers switch between written and electronic diaries, record the time and location of the change in both diaries and record the security number of the written diary in the electronic diary before beginning use, to avoid the s 18A penalty. Compliance step: require EWD vendors to capture GNSS timestamps, allow manual confirmation fields for drivers, and implement processes to capture written diary security numbers at the point of switch.
Ensure odometers meet display and accuracy obligations (s 24).
Where an original odometer was fitted at manufacture, owners must have an odometer that shows cumulative distance since fitting, repair/reset or odometer rollover (s 24(3)) and maintain it to an accuracy of ±10% (s 24(4)). Compliance step: schedule odometer calibration checks, maintain repair records (dates and details of repairs or resets to support the cumulative display requirement), and document rationale if odometer replacement is required.
Two‑up driving procedures (s 17).
Before a driver becomes party to a two‑up arrangement, record the co‑driver’s name, licence number and jurisdiction, and the unique identifying page number of the co‑driver’s daily sheet (s 17(1)-(2)). If using a shared EWD, ensure the EWD captures co‑driver identifiers automatically (s 17(3)(a)). Compliance step: implement a co‑driver check procedure and ensure signatures and cross‑references are completed per s 17(4)(b).
Monitor concurrent rest fulfilment and avoid prohibited concurrent fulfilment (s 22).
Understand which rest periods may count concurrently and which combinations are expressly excluded by s 22(3). Compliance step: fatigue rosters should be evaluated against s 22 and Schedule 3 worked examples to ensure adequate night rest break sequences and blocks of stationary rest are scheduled.
Manage records and transfer obligations.
If an employer is the record keeper, ensure drivers’ diary data are collated and supplied to the record keeper within 21 days as per the Law’s s 322(2) referenced in the Regulation’s notes. If drivers are their own record keepers, ensure records are available at the record location within 21 days (Law s 341(4)). Compliance step: implement digital archiving with time‑stamped exports to facilitate 21‑day compliance and audit.
Apply precise time counting consistent with the Law (s 4(2)).
When tallying work/rest times against the Regulation’s minute thresholds, use the Law’s counting rules (ss 244-248 of the Law) as directed by s 4(2) of the Regulation. Compliance step: adopt software or audit procedures that apply the Law’s counting rules; manual rounding must be avoided.
Prepare for AFM escalated thresholds and ensure tighter monitoring where AFM applies (s 11; Schedule 4).
For AFM, be aware of escalated contravention thresholds in Schedule 4 Part 2 which have smaller tolerances and different categorisations. Compliance step: for AFM operations, apply stricter in‑day monitoring and automated alerts for small exceedances.
Train authorised‑officer response expectations (s 25).
For management and drivers interacting with enforcement, note that authorised officers should have regard to 7 hours as the minimum reasonable rest and 24 hours as reasonable when ordering stoppage (s 25). Compliance step: ensure drivers and managers understand potential authorised officer expectations and plan rest schedules accordingly.
Audit and quality assurance of diary entries and EWD data.
Periodically audit diary entries against vehicle telematics/GNSS data and odometer logs to ensure alignment. Discrepancies should be investigated and corrected before enforcement action arises. Compliance step: implement monthly record audits, exception reporting and corrective action processes.
Document accreditation links for BFM/AFM and exemption use.
When operating under operator BFM/AFM accreditation or a combined exemption permit, record the accreditation number and retain copies of accreditation evidence (s 15(1)(g)-(h)). Compliance step: create an accreditation master file that is referenced in daily diaries and is auditable.
Prepare for evidence production in enforcement scenarios.
Ensure that EWDs preserve GNSS metadata, driver confirmations and odometer entries, and that printed daily sheets collect required signatures (s 21). Compliance step: configure EWDs to produce signed, time‑stamped daily sheets and maintain secure backups to meet the Law’s 21‑day access windows.
Review interaction with workplace safety duties (s 23).
Understand that fatigue management may intersect with workplace health and safety obligations in multiple jurisdictions as prescribed by s 23, and prepare for overlapping investigations. Compliance step: coordinate fatigue management with safety management systems and incident reporting frameworks.
Keep records of odometer repairs and resets.
Because s 24(3) requires the display to show cumulative distance since fitting or repair/reset, maintain repair invoices and odometer‑reset documentation to support any contested odometer evidence.
Operational checklist for day‑to‑day compliance
At start of day: record day/date, vehicle reg, name, licence number, chosen regime, solo/two‑up status, accreditation number (if applicable), base and record location addresses, and base time zone (s 15).
At each work/rest change: record change type, time, place (or GNSS capture), odometer reading if fitted, registration (unless recorded and unchanged), and duration of prior work/rest period (s 16).
For two‑up: record co‑driver details and cross‑reference page numbers or use shared EWD (s 17).
At end of day or before the next diary day: record total work and total rest for the day and sign the daily sheet (ss 19, 21).
When switching diary form: record time/location in both diaries and enter the written diary security number in the EWD (s 18A).
Maintain odometer accuracy and display, plus repair/reset records (s 24).
Ensure EWD GNSS and odometer data are captured and confirm any GNSS place entries where necessary (s 16A).
By mapping these steps directly to the relevant Regulation provisions and scheduling verification activities, drivers and operators can build a defensible compliance framework. Regular audits, documented training, and investment in EWDs with robust GNSS/odometer capture will reduce the risk of minute‑level breaches and the consequent categorisation into more serious risk levels under the Schedules.
Part 2Maximum work requirements and minimum rest requirements
Part 2 Maximum work requirements and minimum rest requirements
Division 1 Standard hours
Division 1 Standard hours
Division 1 Standard hours
5 Standard hours—solo drivers
5 Standard hours—solo drivers
5 Standard hours—solo drivers
(1) Table 1 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated heavy vehicle.
(2) For each period stated in column 1—
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
Note—
Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.
(3) A contravention of section 250(1) of the Law for any period stated in column 1 is a breach of the risk category stated in column 4 for the circumstance of the contravention.
(4) If, apart from this subsection, the driver would commit a minor risk breach in relation to a total period stated in column 1 that is not more than 24 hours, the driver does not commit the minor risk breach if—
(a) the period the driver works in excess of the maximum work time stated in column 2 for the corresponding total period stated in column 1 is not more than 8 minutes; and
(b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a).
(5) In this section, a reference to a column by number is a reference to the column of that number in Table 1 in Schedule 1.
s 5: Am 2015 (824), sec 4.
6 Standard hours—solo drivers of fatigue-regulated buses
6 Standard hours—solo drivers of fatigue-regulated buses
6 Standard hours—solo drivers of fatigue-regulated buses
(1) Table 2 in Schedule 1 sets out the standard hours for the solo driver of a fatigue-regulated bus.
(2) For each period stated in column 1—
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
Note—
Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.
(3) A contravention of section 250(1) of the Law for any period stated in column 1 is a breach of the risk category stated in column 4 for the circumstance of the contravention.
(4) If, apart from this subsection, the driver would commit a minor risk breach in relation to a total period stated in column 1 that is not more than 24 hours, the driver does not commit the minor risk breach if—
(a) the period the driver works in excess of the maximum work time stated in column 2 for the corresponding total period stated in column 1 is not more than 8 minutes; and
(b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a).
(5) In this section, a reference to a column by number is a reference to the column of that number in Table 2 in Schedule 1.
s 6: Am 2015 (824), sec 5.
7 Options about standard hours for solo driver of a fatigue-regulated bus
7 Options about standard hours for solo driver of a fatigue-regulated bus
7 Options about standard hours for solo driver of a fatigue-regulated bus
The solo driver of a fatigue-regulated bus may operate under either, but not both, of the following—
(a) the standard hours under section 5;
(b) the standard hours under section 6.
8 Standard hours—two-up drivers
8 Standard hours—two-up drivers
8 Standard hours—two-up drivers
(1) Table 3 in Schedule 1 sets out the standard hours for the driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement.
(2) For each period stated in column 1—
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
Note—
Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.
(3) A contravention of section 251(1) of the Law for any period stated in column 1 is a breach of the risk category stated in column 4 for the circumstance of the contravention.
(4) If, apart from this subsection, the driver would commit a minor risk breach in relation to a total period stated in column 1 that is not more than 24 hours, the driver does not commit the minor risk breach if—
(a) the period the driver works in excess of the maximum work time stated in column 2 for the corresponding total period stated in column 1 is not more than 8 minutes; and
(b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a).
(5) In this section, a reference to a column by number is a reference to the column of that number in Table 3 in Schedule 1.
s 8: Am 2015 (824), sec 6.
Division 2 BFM hours
Division 2 BFM hours
Division 2 BFM hours
9 BFM hours—solo drivers
9 BFM hours—solo drivers
9 BFM hours—solo drivers
(1) Table 1 in Schedule 2 sets out the BFM hours for a solo driver of a fatigue-regulated heavy vehicle.
(2) For each period stated in column 1—
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
Note—
Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.
(3) A contravention of section 254(1) of the Law for any period stated in column 1 is a breach of the risk category stated in column 4 for the circumstance of the contravention.
(4) If, apart from this subsection, the driver would commit a minor risk breach in relation to a total period stated in column 1 that is not more than 24 hours, the driver does not commit the minor risk breach if—
(a) the period the driver works in excess of the maximum work time stated in column 2 for the corresponding total period stated in column 1 is not more than 8 minutes; and
(b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a).
(5) In this section, a reference to a column by number is a reference to the column of that number in Table 1 in Schedule 2.
s 9: Am 2015 (824), sec 7.
10 BFM hours—two-up drivers
10 BFM hours—two-up drivers
10 BFM hours—two-up drivers
(1) Table 2 in Schedule 2 sets out the BFM hours for the driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement.
(2) For each period stated in column 1—
(a) column 2 states the maximum work time for the driver; and
(b) column 3 states the minimum rest time for the driver.
Note—
Column 3 refers to a block of time unless blocks of time are referred to. Each night rest break is a block of time.
(3) A contravention of section 256(1) of the Law for any period stated in column 1 is a breach of the risk category stated in column 4 for the circumstance of the contravention.
(4) If, apart from this subsection, the driver would commit a minor risk breach in relation to the total period of 24 hours stated in column 1, the driver does not commit the minor risk breach if—
(a) the period the driver works in excess of the maximum work time of 14 hours stated in column 2 is not more than 8 minutes; and
(b) the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a).
(5) In this section, a reference to a column by number is a reference to the column of that number in Table 2 in Schedule 2.
s 10: Am 2015 (824), sec 8.
Division 3 AFM hours
Division 3 AFM hours
Division 3 AFM hours
11 Risk category for contraventions of AFM hours
11 Risk category for contraventions of AFM hours
11 Risk category for contraventions of AFM hours
(1) A contravention of section 258(1) of the Law is a breach of the following risk category—
(a) for a contravention, other than an escalated risk contravention, for a period stated in column 1 of the Table in Part 1 of Schedule 4—the risk category stated in column 2 of the Table for the circumstance of the contravention;
(b) for an escalated risk contravention for a period stated in column 1 of Table 2 in Part 2 of Schedule 4—the risk category stated in column 2 of the Table for the circumstance of the contravention.
(2) In this section—
escalated risk contravention means a contravention involving a driver, for a period stated in column 1 of Table 1 in Part 2 of Schedule 4—
(a) working for more than the maximum work time stated in column 2 of the Table for the period; or
(b) resting for less than the minimum rest time stated in column 3 of the Table for the period.
Division 4 Exemption hours
Division 4 Exemption hours
Division 4 Exemption hours
12 Risk category for contraventions of exemption hours
12 Risk category for contraventions of exemption hours
12 Risk category for contraventions of exemption hours
A contravention of section 260(1) of the Law for any period of exemption hours that is stated in column 1 of the Table in Schedule 5 is a breach of the risk category stated in column 2 of the Table for the circumstance of the contravention.
Part 3 Work diary requirements
Part 3 Work diary requirements
Part 3 Work diary requirements
Division 1 Information to be included in work diary
Division 1 Information to be included in work diary
Division 1 Information to be included in work diary
13 Application of Div 1
13 Application of Div 1
13 Application of Div 1
(1) This Part applies for the purposes of Subdivision 2 of Division 2 of Part 6.4 of the Law.
(2) A reference in a provision of this Part—
(a) to a day for which information must be recorded under the provision; or
(b) generally to a day for which information must be recorded;
is a reference to a day to which section 294 of the Law applies.
Note—
Section 294 of the Law must be read with section 289 of the Law.
14 How information requirements apply to a day
14 How information requirements apply to a day
14 How information requirements apply to a day
(1) In this Part, the requirement to record information for a day continues to apply for each period of work time and rest time the driver has on that day.
(2) However, if the driver stops working on a day and starts a rest break that will continue until the end of the day, the driver may stop recording information for the day when the driver stops working and starts the rest break.
15 Information to be recorded immediately after starting work
15 Information to be recorded immediately after starting work
15 Information to be recorded immediately after starting work
(1) Immediately after starting work on a day, the driver must record—
(a) the day of the week and date; and
(b) the registration number of the fatigue-regulated heavy vehicle; and
(c) the driver’s name; and
(d) the driver’s current driver licence number; and
(e) whether the driver is operating under—
(i) standard hours (including whether the driver is operating under standard hours for solo drivers of a fatigue-regulated bus); or
(ii) BFM hours; or
(iii) AFM hours; or
(iv) exemption hours; and
(f) whether the driver is a solo driver or operating under a two-up driving arrangement; and
(g) if the driver is operating under an operator’s BFM accreditation or a work and rest hours exemption (permit) granted in combination with an operator’s BFM accreditation—the accreditation number for the operator’s BFM accreditation, unless the driver has previously recorded the number and it is still current; and
(h) if the driver is operating under an operator’s AFM accreditation or a work and rest hours exemption (permit) granted in combination with an operator’s AFM accreditation—the accreditation number for the operator’s AFM accreditation, unless the driver has previously recorded the number and it is still current; and
(i) the address of the driver’s base, unless the driver has previously recorded the address in relation to the work and it is still current; and
(j) the address of the driver’s record location, unless the driver has previously recorded the address and it is still current; and
(k) the time zone of the driver’s base.
(2) For subsection (1), the driver must record the information immediately before the first change from work to rest or immediately after the first change from rest to work, whichever happens earlier on the day.
(3) In this section—
accreditation number, for a BFM accreditation or AFM accreditation, means the number identifying the accreditation given to the holder of the accreditation—
(a) under section 464 of the Law; or
(b) for a BFM accreditation or AFM accreditation granted under another law of a participating jurisdiction, under that law.
16 Information to be recorded in relation to a work and rest change
16 Information to be recorded in relation to a work and rest change
16 Information to be recorded in relation to a work and rest change
(1) The driver must record the information mentioned in subsections (2) to (5) in relation to a work and rest change—
(a) immediately before or after the change; or
(b) if the day on which the change happens—
(i) is not, at the time of the change, a day for which information mus
This is an opening excerpt, not the complete document.