HEAVY VEHICLE (FATIGUE MANAGEMENT) NATIONAL REGULATION (NSW)

New South Wales Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HEAVY VEHICLE (FATIGUE MANAGEMENT) NATIONAL REGULATION (NSW) - SCHEDULE 1

SCHEDULE 1 – Standard hours and risk categories for contraventions of standard hours

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

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback