Heavy Vehicle (Fatigue Management) National Regulation (NSW)
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Heavy Vehicle (Fatigue Management) National Regulation (NSW)
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Turn the raw legal text into a practical explanation grounded in Heavy Vehicle (Fatigue Management) National Regulation (NSW).
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.