Heavy Vehicle National Law - National Heavy Vehicle Work and Rest Hours Exemption (Personal Use – BFM and AFM) Notice 2019 (No.1)

Overview

The National Heavy Vehicle Work and Rest Hours Exemption (Personal Use – BFM and AFM) Notice 2019 (No. 1) was enacted to address the need for drivers of fatigue-regulated heavy vehicles to conduct certain personal activities in excess of the standard maximum work time limits prescribed under Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) Hours. This Notice was introduced to exempt specified categories of drivers from these maximum work time requirements, allowing them to conduct permitted personal activities without impacting their compliance with fatigue management regulations. Authorised under sections 266 and 357 of the Heavy Vehicle National Law, the Notice was enacted by the National Heavy Vehicle Regulator and commenced on 1 November 2019, expiring on 31 October 2022. The policy objective is to provide flexibility to drivers for personal activities while maintaining safety standards within the heavy vehicle industry.

Scope and Application

The National Heavy Vehicle Work and Rest Hours Exemption (Personal Use – BFM and AFM) Notice 2019 (No. 1) aims to provide a specified category of drivers with exemptions from maximum work time requirements under Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) Hours, allowing them to conduct permitted personal activities in excess of these maximum time limits. This exemption operates in conjunction with the Heavy Vehicle Advisory Publication - Personal Use of Fatigue-Regulated Heavy Vehicles (the BFM and AFM Advisory), which details the activities classified as Permitted Personal Activity and provides instructions on the exemption's application. This Notice applies to solo drivers of fatigue-regulated heavy vehicles operating under BFM or AFM hours as per the Heavy Vehicle (Fatigue Management) National Regulation, and it does not apply to drivers under any other work and rest hours exemption or arrangement. The Notice exempts drivers from counting time spent on Permitted Personal Activity towards their maximum work time requirements and from certain record-keeping obligations when conducting such activities. However, the exemption is subject to conditions, including the limitation of Permitted Personal Activity to one hour within a 24-hour stationary rest period, the prohibition of this activity during the first and last three hours of any 24-hour rest break, and restrictions on the use of the vehicle for Permitted Personal Activity if it is carrying a load or towing another vehicle.

Key Provisions

The Heavy Vehicle National Law Notice (No. 1) 2019, specifically designed to exempt certain categories of drivers from the maximum work time requirements under Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) hours, enables these drivers to conduct permitted personal activities that exceed the usual maximum time limits. This Notice operates in conjunction with the Heavy Vehicle Advisory Publication - Personal Use of Fatigue-Regulated Heavy Vehicles, which outlines the activities considered as Permitted Personal Activity and provides detailed instructions on how this exemption functions. The Notice applies to solo drivers of fatigue-regulated heavy vehicles operating under BFM or AFM hours as per the Heavy Vehicle (Fatigue Management) National Regulation. It does not apply to drivers under other work and rest hours exemptions or arrangements. The Notice imposes several obligations on drivers and vehicles. For example, drivers can conduct permitted personal activities for up to one hour during a 24-hour stationary rest period without counting this time towards the maximum work time requirements (sections 8 and 10). This exemption applies to either BFM or AFM, depending on the driver's fatigue management system, as outlined in the Regulation or the NHVR's certificate of accreditation. However, this exemption does not count as work time toward the maximum work time specified in the Regulation or the AFM accreditation (section 8(2)). Furthermore, the permitted personal activity must be conducted within a continuous 24-hour rest period, excluding the first and last three hours of that period (sections 10(3) and (4)). The Notice also mandates that drivers record the permitted personal activity in their work diary, specifying the activity in the Comments Section (section 12). Breach of the conditions outlined in this Notice can result in various consequences. While the Notice does not explicitly mention offences, penalties, or consequences for breaches, it is implied that failure to adhere to the conditions could lead to enforcement actions under the Heavy Vehicle National Law. Such actions may include fines, penalties, or other legal consequences, as stipulated by the overarching legislation. The exact penalties would be determined based on the specific breach and the provisions of the Heavy Vehicle National Law. It is crucial for drivers to comply with the Notice to avoid potential legal repercussions.