National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2026 (No.1)

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

Legislation au C2026G00436 In force Gazette

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Heavy Vehicle National Law

National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2026 (No.1)

  1.       Purpose

 

  1.       To exempt specified categories of permitted personal activity from the definition of work, with the intention that those activities are not counted as work time for a driver. This Notice operates in conjunction with the Guideline for the National Personal Use Work and Rest Hours Exemption published by the NHVR.

 

Note:  Nothing in this exemption relieves the driver of a heavy vehicle from the duty to not drive while fatigued, pursuant to section 228 of the Heavy Vehicle National Law (HVNL).

 

 This Notice revokes the National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2025 (No.1). This Notice carries forward the previous exemptions and conditions in the same terms.

 

  1.       Authorising Provision

 

This Notice is made under sections 266 and 357 of the Heavy Vehicle National Law.

 

  1.       Commencement

 

This Notice commences on 1 August 2026.

 

  1.       Expiry

 

This Notice expires on 31 October 2028.

 

  1.       Title

 

This Notice may be cited as the National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2026 (No.1).

 

  1.       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).

 

  1.       In this Notice-

Guideline for the National Personal Use Work and Rest Hours Exemption (the Guideline) means the document of that name published by the National Heavy Vehicle Regulator, as amended from time to time.

 

Maximum work time requirements refer to the relevant table of hours associated with the relevant fatigue rule as defined in the Heavy Vehicle (Fatigue Management) National Regulation. See section 9 for further information.

 

Permitted Personal Activity means any work involving a fatigue-regulated heavy vehicle (FRHV) that is done for private, non-commercial reasons, and as specified in the Guideline for the National Personal Use Work and Rest Hours Exemption.

 

Relevant BFM or AFM fatigue management system means a fatigue management system pursuant to Chapter 8 of the HVNL as in force immediately before the commencement of the Heavy Vehicle National Law Amendment Act 2025 (Qld), 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 a Permitted Personal Activity.

 

  1.       Application – Class of Driver

 

This Notice only applies to a solo driver of a fatigue-regulated heavy vehicle pursuant to the Heavy Vehicle (Fatigue Management) National Regulation (FM Regulation).

 

  1.       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 fatigue rule option as stated in the FM Regulation.

 

  1.       This exemption is limited by the conditions in sections 10 to 14 of this document.

 

Note: This section specifically exempts drivers from the maximum work hours allowed under the FM Regulation. The required rest break requirement is not exempted.

 

  1.       Exemption – Work diary requirements

 

When recording Permitted Personal Work Time, the driver of a fatigue-regulated heavy vehicle operating under this Notice is section 20 of the FM Regulation.

 

  1.   Conditions – Permitted personal activity under standard hours for solo drivers

 

  1.       This section applies to a driver operating under standard hours for solo drivers pursuant to the following provisions of the FM Regulation:

 

  1.       Part 2 section 5; and
  2.       Part 5 Schedule 1.

 

  1.       For the purposes of conducting Permitted Personal Activity a driver may drive or perform any other task relating to a fatigue-regulated heavy vehicle, for up to one extra hour in a 24-hour total period under (Column 1) of Table 1 in Schedule 1 of the Regulation.

 

  1.       The extra hour allowed in (2) does not count as work toward Maximum Work Time under Column 2 of Table 1 in Schedule 1 of the Regulation.
  2.       The extra time provided in (2) must be taken in a single continuous period.

 

  1.       Permitted Personal Activity cannot be conducted in:
    1.       the first hour of any 24-hour stationary rest break; or
    2.       the last 3 hours of any 24-hour stationary rest break.

 

  1.   Conditions – Permitted personal activity under BFM and AFM

 

  1.       This section applies to a driver operating under BFM or AFM for solo drivers pursuant to the following provisions of the FM Regulation as in force immediately before the commencement of the Heavy Vehicle National Law Amendment Act 2025 (Qld):

 

  1.       For BFM:
    1.       Part 2 Division 2 section 9; and
    2.       Schedule 2.

 

  1.       for AFM
    1.       Part 2 Division 3 section 11; and
    2.       the relevant accredited AFM fatigue management system.

 

  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:

 

  1.       In the case of BFM, under Table 1 in Schedule 2 of the FM Regulation; or

Time

Work

Rest

Period

Maximum Work Time

Minimum Rest Time

6 ¼ hours

6 hours work time

15 continuous minutes rest time

9 hours

8 ½ hours work time

30 minutes rest time in blocks of 15 continuous minutes

12 hours

11 hours work time

60 minutes rest time in blocks of 15 continuous minutes

24 hours

14 hours work time

7 continuous hours stationary rest time 1

7 days

(168 hours)

36 hours of long/night work time 3

 

14 days

(336 hours)

144 hours work time

24 continuous hours stationary rest time taken after no more than

84 hours work time AND

24 continuous hours stationary rest time.

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

 

  1.       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.

 

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

 

  1.       The time allowed in (2) must be taken during a period of 24 continuous hours of stationary rest.

 

  1.       Permitted Personal Activity cannot be conducted in:
  1.       the first hour of any 24-hour stationary rest break; or
  2.       the last 3 hours of any 24-hour stationary rest break.

 

  1.   Conditions – Consecutive 24-hour restriction

 

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

 

  1.   Conditions – Recording Permitted Personal Activity

 

  1.       If the work time allowed for Permitted Personal Activity is used on a given calendar day, the driver must record in the Comments Section of their current work diary for that day when that work took place.

 

  1.       A record made under this section must include the following information:

 

  1.       The words “Personal Use” to indicate that the record is being made as a condition of operation under this exemption; and
  2.       The location of the Permitted Personal Activity; and
  3.       The start and end time of the Permitted Personal Activity; and
  4.       The odometer reading at the end of the Permitted Personal Activity.

 

  1.   Conditions - Limits on application of Permitted Personal Activity

 

  1.       Driving a relevant vehicle for the extra hour allowed for Permitted Personal Activity can only be undertaken if the vehicle is not:

 

  1.       carrying a load; or
  2.       towing another vehicle.

 

Paul Daly

Director, Strategic Policy

National Heavy Vehicle Regulator 

 

Overview

The National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2026 (No.1) was enacted to address the issue of heavy vehicle drivers engaging in personal activities that might otherwise be considered work time under the Heavy Vehicle National Law (HVNL). This Notice was made under sections 266 and 357 of the HVNL and operates in conjunction with the Guideline for the National Personal Use Work and Rest Hours Exemption, published by the National Heavy Vehicle Regulator. The policy objective is to allow drivers of fatigue-regulated heavy vehicles to engage in certain personal activities without these activities counting towards their maximum work time, provided these activities are done for private, non-commercial reasons and meet the conditions outlined in the Notice. Importantly, this exemption does not relieve drivers of their obligation to avoid driving while fatigued, as per section 228 of the HVNL. This Notice comes into effect on 1 August 2026 and will expire on 31 October 2028, replacing the previous exemption notice from 2025.

Scope and Application

The National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2026 (No.1) applies to solo drivers of fatigue-regulated heavy vehicles who are subject to the Heavy Vehicle (Fatigue Management) National Regulation. This Notice is designed to exempt certain categories of personal activities from being counted as work time, ensuring that these activities do not interfere with the maximum work time requirements set out in the relevant fatigue rule options. The exemption applies only to activities conducted for private, non-commercial reasons and is specified in the Guideline for the National Personal Use Work and Rest Hours Exemption. This Notice revokes the previous exemption notice from 2025 and carries forward the existing exemptions and conditions without alteration. It operates under sections 266 and 357 of the Heavy Vehicle National Law and commences on 1 August 2026, expiring on 31 October 2028. Notably, the exemption does not relieve drivers from the obligation to avoid driving while fatigued as per section 228 of the Heavy Vehicle National Law. Drivers are permitted to conduct personal activities for up to one extra hour within a 24-hour period under specified conditions, such as not exceeding the maximum work time requirements and not conducting such activities during the first hour or the last three hours of a 24-hour stationary rest break. The exemption does not apply if the vehicle is carrying a load or towing another vehicle. The Notice extends its application through subordinate instruments, including the Guideline for the National Personal Use Work and Rest Hours Exemption, and requires the recording of such activities in the driver’s work diary.

Key Provisions

The main operative sections of the National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2026 (No.1) provide exemptions from counting time spent on Permitted Personal Activities towards maximum work time requirements under a relevant fatigue rule (section 6). This Notice also exempts drivers from work diary requirements when recording time spent on Permitted Personal Activities (section 8). Under sections 10 to 14, drivers are allowed to conduct Permitted Personal Activities for up to one extra hour in a 24-hour period, provided certain conditions are met. For drivers operating under standard hours for solo drivers, this extra hour must be taken in a single continuous period and cannot be conducted during the first hour or the last three hours of a 24-hour stationary rest break (section 10). For drivers operating under BFM or AFM, the extra hour must be taken during a period of 24 continuous hours of stationary rest and also cannot be conducted during the first hour or the last three hours of a 24-hour stationary rest break (section 11). The extra hour allowed for Permitted Personal Activity may not be used in consecutive 24-hour periods (section 12). If the extra hour is used, the driver must record specific details in the Comments Section of their work diary (section 13). Additionally, the vehicle cannot be carrying a load or towing another vehicle when conducting Permitted Personal Activities (section 14). The Notice imposes specific obligations and requirements on solo drivers of fatigue-regulated heavy vehicles. Drivers must ensure that any Permitted Personal Activity conducted does not count towards maximum work time requirements under a relevant fatigue rule. For drivers operating under standard hours, they may conduct Permitted Personal Activity for up to one extra hour in a 24-hour period, but only if the activity is taken in a single continuous period and not during the first hour or the last three hours of a 24-hour stationary rest break. For drivers operating under BFM or AFM, the same extra hour allowance applies, but the activity must be taken during a period of 24 continuous hours of stationary rest and again, not during the first hour or the last three hours of a 24-hour stationary rest break. Drivers must also record details of any Permitted Personal Activity in their work diary, including the words "Personal Use," the location, start and end times, and the odometer reading at the end of the activity. Furthermore, drivers cannot conduct Permitted Personal Activity if the vehicle is carrying a load or towing another vehicle. The Notice does not explicitly state any offences, penalties, or consequences for breach. However, it is important to note that nothing in this exemption relieves the driver from the duty to not drive while fatigued, pursuant to section 228 of the Heavy Vehicle National Law (HVNL). Breaching this duty could result in significant civil or criminal consequences as per the HVNL. Therefore, while the Notice provides exemptions for certain activities, it does not absolve drivers from the overarching requirement to avoid driving while fatigued. Any breach of this fundamental safety requirement could lead to penalties under the HVNL, which could include fines and potential disqualification from driving heavy vehicles.

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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.