Heavy Vehicle National Law - National Heavy Vehicle Concrete Agitator Work and Rest Hours Exemption (Notice) 2017 (No 1)

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Legislation au C2016G01653 In force Gazette

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Heavy Vehicle National Law

National Heavy Vehicle Concrete Agitator Work and Rest Hours Exemption Notice 2017 (No 1)

1         Purpose

The purpose of this Notice is to provide alternative short rest break requirements for drivers of fatigue-regulated heavy vehicles carrying pre-mixed concrete by removing short rest break requirements for drivers who have short work breaks instead.

Note:- this notice is part of a national Alternative Rest Trial (ART) involving a specific industry sector for the purpose of assessing short work breaks under controlled conditions. For this reason the application and conditions of this notice are narrow and limited to a specific class of vehicles operated in specific conditions. More information on the ART may be found on the NHVR website.

 

2         Authorising Provision(s)

This notice is made under Section 266 of the Heavy Vehicle National Law as in force in participating jurisdictions.

3         Title

This notice may be cited as the National Heavy Vehicle Concrete Agitator Work and Rest Hours Exemption (Notice) 2017.

4         Commencement

This notice commences on 1 January 2017.

5         Expiry

This notice expires on 31 December 2018.

Note:- this notice is a trial notice with an operational period of two years. Operators utilising the exemptions in this notice should be aware of the limited operational period.

6         Definitions

(1) Unless otherwise stated, words and expressions used in this Notice have the same meaning as those defined in the Heavy Vehicle National Law.

(2) In this Notice—

Concrete agitator means an item of plant or equipment that maintains plastic concrete in a mixed state.

Note:- definition as per Australian Standard AS 1379 (Clause 1.3.1)

Premixed concrete means concrete that has been obtained from a concrete supplier and which has either been centrally or mobile mixed.

Note:- definition as per Australian Standard AS 1379 (Clause 1.3.8)

Short work break means a period of at least 15 minutes during which:

(a)   the vehicle is stationary; and

(b)   the driver of the vehicle occupies the driver’s seat while the engine is running; and

(c)    the driver of the vehicle does no work within the meaning of the Heavy Vehicle National Law, other than remaining in the driver’s seat while the engine is running.

7         Application

(1)    This Notice applies to the driver of a fatigue-regulated heavy vehicle:

(a)     who is operating under standard hours or Basic Fatigue Management accreditation; and

(b)     who elects to take a Short Work Break; and

(c)      the vehicle includes as part of its equipment a concrete agitator; and

(d)     the vehicle is loaded with pre-mixed concrete.

8         Exemption

(1)    This notice provides an exemption for maximum work requirements and minimum work requirements in the following instances:

(a)    If the driver is operating under standard hours, s5(1) and (2) of the Heavy Vehicle (Fatigue Management) National Regulation; or

(b)    if the driver is operating under Basic Fatigue Management Accreditation, s9(1) and (2) of the Heavy Vehicle (Fatigue Management) National Regulation.

9         Conditions- General

(1)    A driver of a fatigue-regulated heavy vehicle operating under this exemption must keep a copy of this notice in his or her possession.

(2)    If a driver is required to keep a work diary, a driver must record the time and duration of each short work break in the “Number Plates and Comments” section of their national driver work diary.

(3)    If a driver is not required to keep a national driver work diary, a record keeper for the driver must record the time, place and duration of each short work break in the alternative records for that driver.

10     Conditions – Alternative Rest Trial work and rest hours

The driver of a fatigue regulated heavy vehicle who elects to take a short work break under section 7 must comply with the Alternative Rest Trial work and rest hours set out in Schedule 1.

 

Dated: 15 December 2016

 

 

 

 

 

Raymond Hassall

Chief Executive Officer

National Heavy Vehicle Regulator

Schedule 1:  Alternative Rest Trial work and rest hours

As per section 10, a driver operating under this Notice must meet the alternative rest and work hours set out in Table 1 of this Schedule.

Table 1: Alternative Rest Trial Work and Rest Hours

Column 1

Total Period

Column 2

Maximum Work Time

Column 3

Minimum Rest Time

In any period of…

A driver must not work for more than a maximum of…

And must have the rest of that period off work with at least a minimum rest break of…

12 hours

11 ½ hours work time

30 minutes rest time in blocks of 15 continuous minutes AND

30 minutes short work break time in blocks of 15 continuous minutes.

24 hours

12 ½  hours work time

7 continuous hours stationary rest time

7 days

72 hours work time

24 continuous hours stationary rest time

14 days

144 hours work time

2 x night rest breaks and 2 x night rest breaks taken on consecutive days

 

Note: for drivers operating under this notice:

  1. for drivers working under standard hours, this table applies instead of the table in Schedule 1 of the National Regulation titled “Table 1 Standard hours—solo driver of fatigue-regulated heavy vehicle”.
  2. for drivers working under Basic Fatigue Management, this table apples instead of the table in Schedule 2 of the National Regulation titled “Table 1 BFM hours- solo driver of fatigue-regulated heavy vehicle”.

Overview

The National Heavy Vehicle Concrete Agitator Work and Rest Hours Exemption (Notice) 2017, enacted under Section 266 of the Heavy Vehicle National Law, was introduced to provide alternative rest break requirements for drivers of fatigue-regulated heavy vehicles carrying pre-mixed concrete. This notice is part of a national Alternative Rest Trial (ART) aimed at assessing the effectiveness of short work breaks under controlled conditions. The notice applies to drivers operating under standard hours or Basic Fatigue Management accreditation, who choose to take a short work break, and who are driving vehicles equipped with a concrete agitator and loaded with pre-mixed concrete. The notice exempts these drivers from certain maximum and minimum work requirements, provided they comply with alternative rest and work hours detailed in Schedule 1. The notice, which commenced on 1 January 2017, expires on 31 December 2018, highlighting its temporary nature as a trial measure.

Scope and Application

The National Heavy Vehicle Concrete Agitator Work and Rest Hours Exemption (Notice) 2017 applies to drivers of fatigue-regulated heavy vehicles that include a concrete agitator as part of their equipment and are loaded with pre-mixed concrete. This Notice specifically applies to drivers who operate under either standard hours or Basic Fatigue Management accreditation and who choose to take short work breaks instead of short rest breaks. This exemption notice is a part of a national Alternative Rest Trial (ART) aimed at assessing short work breaks under controlled conditions in the heavy vehicle industry. The Notice is applicable across jurisdictions where the Heavy Vehicle National Law is in force, indicating a national scope. Exemptions provided by this Notice are limited to the specified conditions and durations set out in the Schedule, and it does not apply to other types of vehicles or drivers not meeting the specified criteria. The Notice is in effect from 1 January 2017 until 31 December 2018, marking its temporary nature as a trial.

Key Provisions

The National Heavy Vehicle Concrete Agitator Work and Rest Hours Exemption (Notice) 2017 (No 1) introduces specific requirements and exemptions related to work and rest hours for drivers of fatigue-regulated heavy vehicles carrying pre-mixed concrete. This notice, which applies to drivers operating under standard hours or Basic Fatigue Management accreditation, allows for alternative rest break requirements when drivers take short work breaks (sections 7 and 8). To be eligible, drivers must be operating a vehicle equipped with a concrete agitator and loaded with pre-mixed concrete (section 7). The notice exempts these drivers from the maximum work requirements and minimum rest periods specified in the Heavy Vehicle (Fatigue Management) National Regulation (sections 5(1) and (2) and 9(1) and (2)). The notice imposes several obligations on drivers and record keepers. Drivers must keep a copy of the notice in their possession and record details of each short work break in their national driver work diary or alternative records if they are not required to keep a work diary (sections 9(1) and (2)). The notice also specifies detailed work and rest hour requirements under the Alternative Rest Trial (section 10). For example, within any 12-hour period, drivers must not work for more than 11 ½ hours, with a minimum rest break of 30 minutes, broken into two 15-minute blocks, and an additional 30 minutes of short work break time (Schedule 1, Table 1, Column 1). Breaches of this notice can result in various penalties. Under the Heavy Vehicle National Law, penalties for non-compliance with work and rest hour regulations can include fines and, in some cases, imprisonment. For example, under section 266 of the Heavy Vehicle National Law, a driver found guilty of contravening a work and rest hour requirement can face a fine of up to $5,500 for an individual and $27,500 for a body corporate. Repeat offences or more serious breaches can result in higher penalties, including potential imprisonment for up to two years for individuals. It is important for drivers and operators to adhere to the conditions and requirements outlined in this notice to avoid these penalties.

Legal classification tags

Area of Law
Commercial Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Exemptions & Exclusions
Reporting & Disclosure Obligations
Regulatory Standards
Catchwords
Alternative Rest Trial

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.