National Heavy Vehicle Work and Rest Hours Exemption (Personal Use – BFM and AFM) Notice 2022 (No.1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2022G01070 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

National Heavy Vehicle Work and Rest Hours Exemption (Personal Use – BFM and AFM) Notice 2022 (No.1)

  1. Purpose

To exempt specified categories of driver from maximum work time requirements under Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) Hours so that they may conduct permitted personal activities in excess of those maximum time limits.

Note:  This Notice operates in conjunction with the Heavy Vehicle Advisory Publication - Personal Use of Fatigue-Regulated Heavy Vehicles (the BFM and AFM Advisory), published by the NHVR.

The AFM and BFM Advisory contains a list of activities classified as Permitted Personal Activity, and further information and instructions on how this exemption works.

This Notice replaces the National Heavy Vehicle Work and Rest Hours Exemption (Personal Use – BFM and AFM) Notice 2019 (No.1) on its expiry.

2.       Authorising Provision

This notice is made under section 266 and section 357 of the Heavy Vehicle National Law.

3.       Commencement

This notice commences on 1 November 2022.

4.       Expiry

This notice expires on 31 October 2025.

5.       Title

This notice may be cited as the National Heavy Vehicle Work and Rest Hours Exemption (Personal Use – BFM and AFM) Notice 2022 (No.1).

6.       Definitions

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

2)      In this Notice-

Permitted Personal Activity means an activity specified as such in the Heavy Vehicle Advisory Publication - Personal Use of Fatigue-Regulated Heavy Vehicles BFM and AFM.

Relevant BFM or AFM fatigue management system means a fatigue management system pursuant to Chapter 8 of the HVNL that applies to the driver of a fatigue regulated heavy vehicle operating under this Notice.

Relevant Vehicle means the fatigue-regulated heavy vehicle that a driver is using for permitted personal activity.

Maximum work time requirements means:

a)      For BFM hours –Table 1 BFM hours solo driver in Schedule 2 of the Regulation; or

b)      For AFM hours – the work hours specified in the certificate of accreditation issued by the NHVR for an accredited AFM fatigue management system.

7.       Application – Class of Driver

1)      This Notice applies to a solo driver of a fatigue-regulated heavy vehicle operating under BFM or AFM hours pursuant to the Heavy Vehicle (Fatigue Management) National Regulation (the Regulation).

2)      This notice does not apply to drivers operating under any other work and rest hours exemption or work and rest option.

8.       Exemption – Maximum Work Time

1)      The driver of a fatigue regulated heavy vehicle operating under this Notice is exempted from counting time spent conducting Permitted Personal Activity toward maximum work time requirements under a relevant BFM or AFM fatigue management system.

2)      The use of Permitted Personal Activity under this section is limited by the conditions in s10.

9.       Exemption – Work Diary Information

When recording time spent conducting a [permitted personal activity, the driver of a fatigue regulated heavy vehicle operating under this Notice is exempt from s301 (b) of the HVNL.

10.   Conditions – Conditions for Permitted Personal Activity

1)      The driver of a fatigue regulated heavy vehicle operating under this Notice may conduct Permitted Personal Activity for up to one hour in 24 continuous hours of stationary rest specified in:

 

a)      In the case of BFM, under Table 1 in Schedule 2 of the Regulation; or

b)      In the case of AFM, the work hours specified in the certificate of accreditation issued by the NHVR for an accredited AFM fatigue management system.

 

2)      The hour allowed in (1) does not count as work toward Maximum Work Time under Column 2 of Table 1 in Schedule 2 of the Regulation or the maximum work approved under AFM accreditation.

 

3)      The time allowed in (1) must be taken during a period of 24 continuous hours of stationary rest.

 

4)      This section does not apply to Permitted Personal Activity conducted in the first and last 3 hours of any 24 hour rest break.

11.   Conditions – Consecutive 24 hour restriction

The extra one hour of Permitted Personal Activity allowed in s10 may not be used in consecutive 24 hour periods.

12.   Conditions – Recording Permitted Personal Activity

If the work time allowed for Permitted Personal Activity allowed under s10 is used on a given calendar day, the driver must record the time as work in their work diary and record Permitted Personal Activity in the Comments Section of their work diary.

13.   Conditions - Limits on application of Permitted Personal Activity

1)      Driving a relevant vehicle for the extra hour allowed for Permitted Personal Activity under s8 and recorded under s9 can only be undertaken if the vehicle is not:

 

a)      carrying a load; or

b)      towing another vehicle.

 

 

Raymond Hassall

Chief Regulatory and Policy Standards Officer

National Heavy Vehicle Regulator

 

Overview

The National Heavy Vehicle Work and Rest Hours Exemption (Personal Use – BFM and AFM) Notice 2022 (No. 1) was enacted to provide relief to drivers of fatigue-regulated heavy vehicles under Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) hours, allowing them to conduct specified personal activities without these activities counting towards their maximum work time. This Notice was made under sections 266 and 357 of the Heavy Vehicle National Law (HVNL), which is administered by the National Heavy Vehicle Regulator (NHVR). The primary objective of this Notice is to balance the needs of drivers for personal activities with the regulatory requirements designed to prevent fatigue-related accidents. This exemption applies to solo drivers of fatigue-regulated heavy vehicles operating under BFM or AFM hours, as outlined in the Heavy Vehicle (Fatigue Management) National Regulation, and replaces the 2019 exemption upon its expiry. The exemption allows for up to one hour of permitted personal activity during a 24-hour rest period, provided the vehicle is not carrying a load or towing another vehicle. This Notice ensures that drivers can manage their personal needs while adhering to the overarching goal of enhancing road safety through fatigue management.

Scope and Application

The National Heavy Vehicle Work and Rest Hours Exemption (Personal Use – BFM and AFM) Notice 2022 (No.1) applies to solo drivers of fatigue-regulated heavy vehicles who are operating under Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) hours as defined in the Heavy Vehicle (Fatigue Management) National Regulation. This exemption allows such drivers to engage in specified permitted personal activities without counting that time towards their maximum work time requirements, provided the activities comply with the conditions outlined in the notice. It is important to note that this exemption does not apply to drivers operating under any other work and rest hours exemption or work and rest option. The notice specifies that the permitted personal activity can only be conducted for up to one hour within a 24-hour stationary rest period, excluding the first and last three hours of any 24-hour rest break, and cannot be used consecutively in 24-hour periods. Additionally, the exemption is limited to instances where the vehicle is not carrying a load or towing another vehicle. This Notice is made under sections 266 and 357 of the Heavy Vehicle National Law and operates in conjunction with the Heavy Vehicle Advisory Publication - Personal Use of Fatigue-Regulated Heavy Vehicles (the BFM and AFM Advisory). This Notice replaces the National Heavy Vehicle Work and Rest Hours Exemption (Personal Use – BFM and AFM) Notice 2019 (No.1) on its expiry.

Key Provisions

The Heavy Vehicle National Law Notice 2022 (No.1) outlines specific exemptions to the maximum work time requirements under Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) Hours for certain drivers of fatigue-regulated heavy vehicles. The primary sections of this notice, as referenced, include the application of the exemption to solo drivers operating under BFM or AFM hours (Section 8), the exemption of time spent conducting Permitted Personal Activity from maximum work time requirements (Section 8), and the exemption from recording such activity in the work diary (Section 9). The Notice also details the conditions under which this exemption applies, such as the one-hour allowance in a 24-hour rest period (Section 10) and the requirement to record the activity in the work diary (Section 12). This Act imposes several obligations on drivers of fatigue-regulated heavy vehicles. They must adhere to the maximum work time requirements specified under BFM or AFM systems, with an exemption for up to one hour of Permitted Personal Activity in each 24-hour period of stationary rest. Additionally, drivers must ensure that the vehicle is not carrying a load or towing another vehicle when using the exemption (Section 13). Drivers must also record the time spent on Permitted Personal Activity in their work diary as work and include it in the Comments Section (Section 12). The Notice explicitly states that the exemption does not apply to the first and last three hours of any 24-hour rest break (Section 10). The Notice includes provisions for offences and penalties, though the specific penalties are not detailed within the Notice itself. The Heavy Vehicle National Law (HVNL) under which this Notice operates likely provides for maximum penalties in cases of non-compliance. These could include fines or other civil or criminal penalties depending on the severity of the breach. The Notice references Section 266 and Section 357 of the HVNL, indicating that any violations could be subject to the penalties outlined in those sections.

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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.