National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 1) Regulations 2008
28. Insertion of section 52A28. Insertion of section 52A
Start here
Get a plain-English read of 28. Insertion of section 52A
Turn the raw legal text into a practical explanation grounded in National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 1) Regulations 2008.
28. Insertion of section 52A
“52A AFM outer limits
(1) The following table sets out the AFM outer limits for a driver of a regulated heavy vehicle working under AFM hours.
AFM outer limits
| Column 1Total period | Column 2Maximum work time | Column 3Minimum rest time |
|---|---|---|
| In any period of ... | ... a driver must not work for more than ... | ... and must have the rest of that period off work, with at least ... |
| 24 hrs | 16 hrs work time | 6 continuous hrs stationary rest time (or in the case of a two‑up driver, rest in an approved sleeper berth), or8 hrs stationary rest time (or in the case of a two‑up driver, rest in an approved sleeper berth) taken in no more than 2 blocks |
| 14 days(336 hrs) | 154 hrs work time | 2 x 7 continuous hrs stationary rest time between 10 pm on a day and 8 am on the next day, using the time zone of the base of the driver |
| 28 days(672 hrs) | 288 hrs work time | 4 x 24 continuous hrs stationary rest time |
Note: In addition to providing the absolute limits for drivers under AFM hours that are enforced under this section, these AFM outer limits are also relevant to the work and rest hour limits that the Authority may approve in granting AFM accreditation – see section 84(5).
(2) In any period listed in column 1 of the table in subsection (1), the driver: (a) must not work for more than the maximum work time specified in column 2 of the table in subsection (1) for that period; and (b) must have at least the minimum rest time specified in column 3 of the table in subsection (1) for that period.
Penalty: the penalty for the category of offence mentioned in column 3 of the table in subsection (6).
Note: Section 106 explains how an offence is specified as a minor risk offence, a substantial risk offence, a severe risk offence or a critical risk offence. Section 110 sets out the penalties for each category of offence.
(3) A party in the chain of responsibility for the regulated heavy vehicle must ensure the driver does not contravene subsection (2).
Penalty: the penalty for the category of offence mentioned in column 3 of the table in subsection (6).
Note: Section 106 explains how an offence is specified as a minor risk offence, a substantial risk offence, a severe risk offence or a critical risk offence. Section 110 sets out the penalties for each category of offence.