New South Wales Consolidated Regulations

HEAVY VEHICLE (FATIGUE MANAGEMENT) NATIONAL REGULATION (NSW) - REG 9

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.