New South Wales Consolidated Regulations

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HEAVY VEHICLE (FATIGUE MANAGEMENT) NATIONAL REGULATION (NSW) - SCHEDULE 4

SCHEDULE 4 – Risk categories for contraventions of AFM hours

section 11

Part 1 - General

Table Categories of contraventions generally applicable

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 breach
> 45 but ≤ 75 minutes work time > 45 but ≤ 75 minutes rest time substantial risk breach
> 75 but ≤ 90 minutes work time > 75 but ≤ 90 minutes rest time severe risk breach
> 90 minutes work time > 90 minutes rest time critical risk breach
28 days, if the period is 7 days or more ≤ 1½ hours work time minor risk breach
> 1½ but ≤ 2½ hours work time substantial risk breach
> 2½ but ≤ 3 hours work time severe risk breach
> 3 hours work time critical risk breach

Part 2 - Escalated risk contraventions

Table 1 Thresholds for escalated risk contraventions

Column 1 Column 2 Column 3
Total period Maximum work time Minimum rest time
In any period of … … a driver must not work for more than … … a driver must not rest for less than …
24 hours 15½ hours work time 7 continuous hours stationary rest time (or in the case of a driver who is a party to a two-up driving arrangement, 7 continuous hours of stationary rest time or rest time in an approved sleeper berth while the vehicle is moving)
14 days (336 hours) 154 hours work time 30 continuous hours stationary rest time that includes the periods 12am to 6 am on a day and 12am to 6 am on the following day, using the time zone of the driver's base
28 days (672 hours) 288 hours work time

Table 2 Categories of contraventions for escalated risk contraventions

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 ≤ 15 minutes work time ≤ 15 minutes rest time substantial risk breach
> 15 minutes but ≤ 30 minutes work time > 15 minutes but ≤ 30 minutes rest time severe risk breach
> 30 minutes work time > 30 minutes rest time critical risk breach
28 days, if the period is 7 days or more ≤ 30 minutes work time substantial risk breach
> 30 minutes but ≤ 1 hour work time severe risk breach
> 1 hour work time critical risk breach



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