National Heavy Vehicle New South Wales Great Western Highway Road Closure at Victoria Pass Work and Rest Hours Exemption Notice 2026 (No.2)

HEAVY VEHICLE NATIONAL LAW

National Heavy Vehicle New South Wales Great Western Highway Road Closure at Victoria Pass Work and Rest Hours Exemption Notice 2026 (No.2)  

1.        Purpose

1.       To exempt drivers of fatigue regulated heavy vehicles from the requirements of Part 6.3 of the Heavy Vehicle National Law (HVNL) regarding work and rest hours during a period of time when impacted by the Great Western Highway Road closure at Victoria Pass.

Note: Nothing in this exemption relieves the driver of a fatigue regulated heavy vehicle from the duty to avoid driving while fatigued, pursuant to section 228 of the Heavy Vehicle National Law (HVNL).

This Notice does not provide an exemption from work diary or record keeping requirements under requirements under Part 6.4 of the HVNL, or from any safety duty that may apply under Chapter 1A of the HVNL.

This Notice replaces the National Heavy Vehicle New South Wales Great Western Highway Road Closure at Victoria Pass Work and Rest Hours Exemption Notice 2026 (No.1) upon it’s expiry. This Notice carries forward the previous exemptions and conditions in the same terms.

1.        Authorising Provisions

1.       This Notice is issued under the following provisions of the Heavy Vehicle National Law (HVNL):

1.       section 266 - Regulator’s power to exempt class of drivers from particular maximum work requirements and minimum rest requirements

1.        Title

This Notice may be cited as the National Heavy Vehicle New South Wales Great Western Highway Road Closure at Victoria Pass Work and Rest Hours Exemption (No.2).

1.        Commencement

This Notice commences on 1 July 2026.

1.        Expiry

This Notice expires on 5 February 2027.

1.        Definitions

Unless stated otherwise, words and expressions used in this Notice have the same meaning as in the HVNL and its regulations

1.        Application – Class of Driver

1.       This Notice applies to solo drivers of a fatigue-regulated heavy vehicle operating under Standard Hours, Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) work and rest options under part 6.3 of the Heavy Vehicle National Law.

1.       This Notice applies to drivers of fatigue-regulated heavy vehicles who, in the course of conducting transport operations on a particular day, would normally use the Great Western Highway at Victoria Pass, and instead must use:
   1.        For westbound routes: Chifley Road and Darling Causeway; and/or
   2.       For eastbound routes: Harley Avenue, Darling Causeway, and Chifley Road; and/or
   3.        For through traffic: Golden Highway or Hume Highway
   4.       The aforementioned detour has been incorporated into the route for transport operations, and if complying with Standard, BFM, or AFM work and rest hours, the detour would place an unreasonable restriction on operations.

1.        Conditions – Maximum Work Time

1.       An eligible driver operating under Standard Hours must comply with the following work and rest hours requirements set out in Schedule 1 Table 1 of this Notice.

1.       An eligible driver operating under BFM or AFM must comply with the following work and rest hours requirements set out in Schedule 1 Table 2 of this Notice.

1.       When changing from Table 1 back to Standard Hours, the driver must be compliant with all work and rest requirements of Standard Hours, and have had at least 48 hours continuous stationary rest.

1.       When changing from Table 2 back to BFM or AFM hours, the driver must be compliant with all work and rest requirements under the work and rest option (BFM or AFM) they are changing to, and must have had at least 48 hours continuous stationary rest.

1.        Conditions – Record keeping

1.       An eligible driver using a work diary must record the exemption in the comments section on the daily page, noting the time and detour used while transiting the Great Western Highway.

1.       An eligible driver must give the record to their record keeper within 21 days of the record having been created.

1.       Record keepers must keep these documents on file for 3 years under the HVNL.

Schedule 1 Work and rest hours options

Pursuant to section 7, an eligible driver must comply with the work and rest hours options provided in the following table.

Table 1 Work and Rest Hours – solo driver of a fatigue regulated heavy vehicle

1 Stationary rest time is the time a driver spends out of a fatigue-regulated heavy vehicle or in an approved sleeper berth of a stationary fatigue-regulated heavy vehicle.

2 Night rest breaks are 9 continuous hours stationary rest time taken to include the hours between midnight and 06:00 (using the time zone of the base of the driver).

3 Includes the periods between midnight to 06:00 on a day and midnight to 06:00 on the following day (using the time zone of the base of the driver).

Table 2 Work and Rest Hours – solo driver of a fatigue regulated heavy vehicle

1 Stationary rest time is the time a driver spends out of a fatigue-regulated heavy vehicle or in an approved sleeper berth of a stationary fatigue-regulated heavy vehicle.

2 Night rest breaks are 7 continuous hours stationary rest time taken to include the hours between midnight and 06:00 (using the time zone of the base of the driver).

3 Includes the periods between midnight to 06:00 on a day and midnight to 06:00 on the following day (using the time zone of the base of the driver).

Paul Daly

Director Strategic Policy

National Heavy Vehicle Regulator