Heavy Vehicle - Fatigue Management

Queensland
Heavy Vehicle National Law (Queensland)
Heavy Vehicle (Fatigue

Management) National
Regulation
Current as at 1 October 2018
Repeal/Expiry Information
The Statutory Instruments Act 1992, part 7 does not apply to this
legislation—see the Heavy Vehicle National Law Act 2012, section 5(1)(j).
This means the legislation does not expire.
Reprint note
The Heavy Vehicle (Fatigue Management) National Regulation is a law of
Queensland under the Heavy Vehicle National Law (Queensland). It is
intended a new reprint of the National Regulation will be prepared by the
Office of the Queensland Parliamentary Counsel when any change in the
National Regulation takes effect.
National scheme legislation may not be entirely consistent with

Queensland’s current drafting style.
© State of Queensland 2021
This work is licensed under a Creative Commons Attribution 4.0 International License.
Queensland
Heavy Vehicle (Fatigue Management)

National Regulation
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
4 Interpretation provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Maximum work requirements and minimum rest requirements
Division 1 Standard hours
5 Standard hours—solo drivers . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Standard hours—solo drivers of fatigue-regulated buses . . . . . . 5
7 Options about standard hours for solo driver of a fatigue-regulated bus
6
8 Standard hours—two-up drivers . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2 BFM hours
9 BFM hours—solo drivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 BFM hours—two-up drivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 3 AFM hours
11 Risk category for contraventions of AFM hours . . . . . . . . . . . . . 9
Division 4 Exemption hours
12 Risk category for contraventions of exemption hours . . . . . . . . . 10
Part 3 Work diary requirements
Division 1 Information to be included in work diary
13 Application of Div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 How information requirements apply to a day . . . . . . . . . . . . . . . 10
15 Information to be recorded immediately after starting work . . . . 11
16 Information to be recorded in relation to a work and rest change 12
16A If the driver uses an electronic work diary . . . . . . . . . . . . . . . . . . 14
Heavy Vehicle (Fatigue Management) National Regulation
Contents
17 Recording of two-up driver details . . . . . . . . . . . . . . . . . . . . . . . . 15

18 Information to be recorded after change of base, record location
or accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
18A Change between forms of work diary . . . . . . . . . . . . . . . . . . . . . 17
19 Recording of total work time and total rest time had on a day . . 18
Division 2 How information must be recorded in a work diary
20 Application of Div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21 Signing and dating daily work sheet . . . . . . . . . . . . . . . . . . . . . . 18
Part 4 Other provisions
22 Multiple minimum rest time requirements . . . . . . . . . . . . . . . . . . 19
23 Prescribed driver offence or fatigue duty under another law . . . . 20
24 Odometer requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
25 Matters authorised officer must have regard to in requiring
fatigued driver to stop work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Schedule 1 Standard hours and risk categories for contraventions of
standard hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Schedule 2 BFM hours and risk categories for contraventions of BFM hours
35
Schedule 3 Examples of concurrent fulfilment of minimum rest time
requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Schedule 4 Risk categories for contraventions of AFM hours . . . . . . . . . 47
Schedule 5 Risk categories for contraventions of exemption hours . . . . 50
Page 2
Part 1 Preliminary
[s 1]
Heavy Vehicle (Fatigue Management) National

Regulation
Editor’s note—
The Heavy Vehicle (Fatigue Management) National Regulation is a law
of Queensland under the Heavy Vehicle National Law (Queensland). It
is intended a new reprint of the National Regulation will be prepared by
the Office of the Queensland Parliamentary Counsel when any change
in the National Regulation takes effect.
Part 1 Preliminary
1 Short title
This Regulation may be cited as the Heavy Vehicle (Fatigue
Management) National Regulation.
2 Commencement
This Regulation commences in a participating jurisdiction on
the day on which Chapter 6 of the Law commences in that
jurisdiction.
Note—
In this Regulation, a reference to ‘the Law’ is a reference to the Heavy
Vehicle National Law. See section 12(2) of Schedule 1 of the Heavy
Vehicle National Law.
3 Definition
In this Regulation—
long/night work time means any work time—
(a) in excess of 12 hours in a 24 hour period; or
(b) between 12 midnight and 6am (or the equivalent hours
in the time zone of the driver’s base if the driver is on a
journey in a fatigue-regulated heavy vehicle).
Current as at 1 October 2018 Page 3

Authorised by the Parliamentary Counsel
[s 4]
Examples—
• a period of working for 53 minutes in excess of 12 hours in a 24
hour period counts as 1 hour of long/night work time.
• a period of working for 141 minutes between 12 midnight and 3
am counts as 21/2 hours of long/night work time.
4 Interpretation provisions
(1) Terms used in this Regulation and Chapter 1 or 6 of the Law
have the same meanings in this Regulation as they have in
Chapter 1 or 6 of the Law.
(2) To avoid doubt, sections 244 to 248 of the Law applies when
counting time in a period mentioned in the Tables in the
Schedules.
Example—
A reference in column 1 of a Table in the Schedules to any period of a
particular number of hours or days is a reference to that number of
hours or days as determined by applying section 247 of the Law.
Part 2 Maximum work requirements

and minimum rest
requirements
Division 1 Standard hours
5 Standard hours—solo drivers

(1) Table 1 in Schedule 1 sets out the standard hours for the solo
driver of a fatigue-regulated heavy vehicle.
(2) For each period stated in column 1—
(a) column 2 states the maximum work time for the driver;
and
(b) column 3 states the minimum rest time for the driver.
Page 4 Current as at 1 October 2018

[s 6]
Note—
Column 3 refers to a block of time unless blocks of time are referred to.
Each night rest break is a block of time.
(3) A contravention of section 250(1) of the Law for any period
stated in column 1 is a breach of the risk category stated in
column 4 for the circumstance of the contravention.
(4) If, apart from this subsection, the driver would commit a
minor risk breach in relation to a total period stated in column
1 that is not more than 24 hours, the driver does not commit
the minor risk breach if—
(a) the period the driver works in excess of the maximum
work time stated in column 2 for the corresponding total
period stated in column 1 is not more than 8 minutes;
and
(b) the driver uses an electronic work diary to record the
period the driver works that is mentioned in
paragraph (a).
(5) In this section, a reference to a column by number is a
reference to the column of that number in Table 1 in
Schedule 1.
6 Standard hours—solo drivers of fatigue-regulated buses

(1) Table 2 in Schedule 1 sets out the standard hours for the solo
driver of a fatigue-regulated bus.
and
Note—
[s 7]
and
paragraph (a).
Schedule 1.
7 Options about standard hours for solo driver of a

fatigue-regulated bus
The solo driver of a fatigue-regulated bus may operate under
either, but not both, of the following—
(a) the standard hours under section 5;
(b) the standard hours under section 6.
8 Standard hours—two-up drivers

(1) Table 3 in Schedule 1 sets out the standard hours for the driver
of a fatigue-regulated heavy vehicle who is a party to a two-up
driving arrangement.
and
Note—

[s 9]

and
paragraph (a).
Schedule 1.
Division 2 BFM hours
9 BFM hours—solo drivers

(1) Table 1 in Schedule 2 sets out the BFM hours for a solo driver
of a fatigue-regulated heavy vehicle.
and
Note—
[s 10]
and
paragraph (a).
Schedule 2.
10 BFM hours—two-up drivers

(1) Table 2 in Schedule 2 sets out the BFM hours for the driver of
a fatigue-regulated heavy vehicle who is a party to a two-up
and
Note—
minor risk breach in relation to the total period of 24 hours
stated in column 1, the driver does not commit the minor risk
breach if—

[s 11]

work time of 14 hours stated in column 2 is not more
than 8 minutes; and
paragraph (a).
Schedule 2.
Division 3 AFM hours
11 Risk category for contraventions of AFM hours

(1) A contravention of section 258(1) of the Law is a breach of
the following risk category—
(a) for a contravention, other than an escalated risk
contravention, for a period stated in column 1 of the
Table in Part 1 of Schedule 4—the risk category stated
in column 2 of the Table for the circumstance of the
contravention;
(b) for an escalated risk contravention for a period stated in
column 1 of Table 2 in Part 2 of Schedule 4—the risk
category stated in column 2 of the Table for the
circumstance of the contravention;
(2) In this section—
escalated risk contravention means a contravention involving
a driver, for a period stated in column 1 of Table 1 in Part 2 of
Schedule 4—
(a) working for more than the maximum work time stated in
column 2 of the Table for the period; or
(b) resting for less than the minimum rest time stated in
column 3 of the Table for the period.

[s 12]
Division 4 Exemption hours
12 Risk category for contraventions of exemption hours

A contravention of section 260(1) of the Law for any period
of exemption hours that is stated in column 1 of the Table in
Schedule 5 is a breach of the risk category stated in column 2
of the Table for the circumstance of the contravention.
Division 1 Information to be included in work

diary
13 Application of Div 1
(1) This Part applies for the purposes of Subdivision 2 of
Division 2 of Part 6.4 of the Law.
(2) A reference in a provision of this Part —
(a) to a day for which information must be recorded under
the provision; or
(b) generally to a day for which information must be
recorded;
is a reference to a day to which section 294 of the Law
applies.
Note—
Section 294 of the Law must be read with section 289 of the Law.
14 How information requirements apply to a day

(1) In this Part, the requirement to record information for a day
continues to apply for each period of work time and rest time
the driver has on that day.

[s 15]
(2) However, if the driver stops working on a day and starts a rest
break that will continue until the end of the day, the driver
may stop recording information for the day when the driver
stops working and starts the rest break.
15 Information to be recorded immediately after starting

work
(1) Immediately after starting work on a day, the driver must
record—
(a) the day of the week and date; and
(b) the registration number of the fatigue-regulated heavy
vehicle; and
(c) the driver’s name; and
(d) the driver’s current driver licence number; and
(e) whether the driver is operating under—
(i) standard hours (including whether the driver is
operating under standard hours for solo drivers of a
fatigue-regulated bus); or
(ii) BFM hours; or
(iii) AFM hours; or
(iv) exemption hours; and
(f) whether the driver is a solo driver or operating under a
two-up driving arrangement; and
(g) if the driver is operating under an operator’s BFM
accreditation or a work and rest hours exemption
(permit) granted in combination with an operator’s BFM
accreditation—the accreditation number for the
operator’s BFM accreditation, unless the driver has
previously recorded the number and it is still current;
and
(h) if the driver is operating under an operator’s AFM
accreditation or a work and rest hours exemption
(permit) granted in combination with an operator’s
[s 16]
AFM accreditation—the accreditation number for the

operator’s AFM accreditation, unless the driver has
previously recorded the number and it is still current;
and
(i) the address of the driver’s base, unless the driver has
previously recorded the address in relation to the work
and it is still current; and
(j) the address of the driver’s record location, unless the
driver has previously recorded the address and it is still
current; and
(k) the time zone of the driver’s base.
(2) For subsection (1), the driver must record the information
immediately before the first change from work to rest or
immediately after the first change from rest to work,
whichever happens earlier on the day.
accreditation number, for a BFM accreditation or AFM
accreditation, means the number identifying the accreditation
given to the holder of the accreditation—
(a) under section 464 of the Law; or
(b) for a BFM accreditation or AFM accreditation granted
under another law of a participating jurisdiction, under
that law.
16 Information to be recorded in relation to a work and rest

change
(1) The driver must record the information mentioned in
subsections (2) to (5) in relation to a work and rest change—
(a) immediately before or after the change; or
(b) if the day on which the change happens—
(i) is not, at the time of the change, a day for which
information must be recorded; but

[s 16]
(ii) at a later time (the later time) becomes a day for

which information must be recorded;
as soon as practicable after the later time.
Example—
A driver starts work for a day at 11am, undertaking 100km work under
standard hours. Under section 294 of the Law, the driver does not have
to record information in a work diary.
At 1.30pm the driver arranges with the driver’s employer to undertake a
journey that day that will take the driver outside the 100km radius from
the driver’s base. The driver must then start recording information
required under this section in relation to each work and rest change that
later happens on the day.
The driver must also, as soon as practicable, record the information
required under this section in relation to each work and rest change that
happened from the start of work at 11am.
(2) In relation to a work and rest change on a day, the driver must
record—
(a) whether the change was—
(i) a change from work time to rest time; or
(ii) a change from rest time to work time; or
(iii) a change from being a solo driver to being a driver
who is a party to a two-up driving arrangement; or
(iv) a change from being a driver who is a party to a
two-up driving arrangement to being a solo driver;
and
(b) the time of the work and rest change; and
(c) the place of the work and rest change; and
(d) the odometer reading at the time of the work and rest
change, if an odometer is fitted to the fatigue-regulated
vehicle; and
(e) the registration number of the fatigue-regulated vehicle,
unless—
(i) the registration number has already been recorded
for the day in the diary; and
[s 16A]
(ii) the driver has not changed vehicles since the record
was made.
(3) In relation to a work and rest change on a day, the driver must
also record the work time or rest time spent anywhere by the
driver since—
(a) the previous work and rest change on the day; or
(b) if there was no previous work and rest change on the
day—the start of the day.
(4) If—
(a) subsection (3)(b) applies in relation to a particular work
and rest change; and
(b) the preceding day was a day for which information must
be recorded; and
(c) the last work and rest change during the preceding day
was from rest to work;
the driver must also record the work time since that change to
the end of the preceding day.
(5) For work time or rest time recorded under subsection (3) and
(4), the driver must record whether it was under a two-up
(6) The driver need not comply with subsection (2)(c) and (d) for
a change from rest to work if—
(a) the start and end of the rest time are on the same day;
and
(b) the place and the odometer readings have not changed
since the driver recorded them at the start of the rest
time.
16A If the driver uses an electronic work diary

(1) This section applies if the driver uses an electronic work diary.
(2) The requirement imposed by section 16(2)(c) is taken to be
satisfied if the place of the work and rest change is recorded
by—
[s 17]
(a) the electronic work diary using GNSS functionality; or

(b) the driver confirming, with modification or further
information for accuracy, the place recorded by the
electronic work diary.
(3) The requirement imposed by section 16(2)(d) is taken to be
satisfied if the odometer reading mentioned in the provision is
recorded by the electronic work diary.
GNSS means Global Navigation Satellite System.
17 Recording of two-up driver details

(1) Immediately before or after—
(a) the driver becomes a party to a two-up driving
arrangement on a day; or
(b) the first work and rest change on a day in which the
driver is a party to a two-up driving arrangement the
driver entered into on a preceding day;
the driver must record the information mentioned in
subsection (2) about the other driver in the two-up driving
arrangement.
(2) The information is—
(a) the other driver’s name; and
(b) the other driver’s current driver licence number and the
jurisdiction in which the licence was issued; and
(c) the unique identifying page number on the daily sheet in
the other driver’s work diary where the other driver has
recorded information for the day.
(3) Subsection (2)(c) does not apply if—
(a) the driver is recording information in an electronic work
diary the driver shares with the other driver; or

[s 18]
(b) the other driver is recording information in a

supplementary record under Subdivision 4 of Division 2
of Part 6.4 of the Law.
(4) A driver who is a party to a two-up driving arrangement
must—
(a) for the purposes of section 299 of the Law—at the
request of the other driver, provide the other driver with
any details the other driver needs to be able to comply
with subsection (1); and
(b) for the purposes of section 301(e)(ii) of the Law—sign
the other driver's work diary immediately after the
information mentioned in subsection (2) is recorded
under subsection (1).
unique identifying page number means the number on a
work diary daily sheet that contains the unique identifying
number of the work diary combined with the page number for
the daily sheet.
18 Information to be recorded after change of base, record

location or accreditation
(1) For any change on a day of the driver’s base, record location
or the accreditation number of the accreditation the driver
operates under, the driver must record—
(a) for a change of the driver’s base—the date of the change
and the address of the new base; or
(b) for a change of the driver’s record location—the date of
the change and the address of the new record location;
or
(c) for a change in the accreditation number—the date of
the change and the new number.
(2) The information mentioned in subsection (1)(a), (b) or (c)
must be recorded as soon as practicable after the change
happens.
[s 18A]

accreditation number has the same meaning as it has in
section 15.
driver’s base means the driver’s base relevant to work
mentioned in section 294(1)(a) and (b) of the Law.
record location means the driver’s record location relevant to
work mentioned in section 294(1)(a) and (b) of the Law.
Note—
The section relates only to a base or record location relevant to work
mentioned in section 294(1)(a) and (b) of the Law, as opposed to other
work about which information may have to be recorded only because it
happens on the same day as work mentioned in section 294(1)(a) or (b)
of the Law.
18A Change between forms of work diary

(1) If the driver stops using one form of work diary and starts
using the other form of work diary, the driver must record, in
compliance with subsection (2)—
(a) the time and location of the change in both forms of the
work diary; and
(b) the security number of the written work diary in the
electronic work diary.
Maximum penalty—$1500.
(2) The information must be recorded before the driver begins
using the other form of work diary, or as soon as practicable.
form of work diary means one or the other of a written work
diary or an electronic work diary.

[s 19]
19 Recording of total work time and total rest time had on a

day
(1) The driver must record for a day the total of the work time and
the total of the rest time that the driver has had that day (the
relevant day).
(2) The driver must make the record under subsection (1) before
or at the time the earlier of the following happens—
(a) the first work and rest change the driver has on a day,
after the relevant day, for which the driver has to record
information;
(b) the driver is required to comply with section 322 or 341
of the Law in relation to records the driver is required to
make or keep for the relevant day.
Notes—
1 If the driver’s record keeper is a person other than the driver,
section 322(2) of the Law requires a copy of recorded information
to be given to the record keeper within 21 days.
2 If the driver is his or her own record keeper, section 341(4) of the
Law requires the record or a copy of the record to be available
within 21 days at the driver’s record location.
Division 2 How information must be recorded

in a work diary
20 Application of Div 2
This Part applies for the purposes of Subdivision 3 of
Division 2 of Part 6.4 of the Law.
21 Signing and dating daily work sheet

(1) This section applies for the purposes of section 301(e)(i) of
the Law.
(2) The driver must comply with section 301(e)(i) of the Law in
relation to a daily sheet for a day (the relevant day) before or
at the time the earlier of the following happens—
[s 22]
(a) the first work and rest change the driver has on a day,
after the relevant day, for which the driver has to record
information;
(b) the driver is required to comply with section 322 or 341
of the Law in relation to records the driver is required to
make or keep for the relevant day.
Notes—
1 If the driver’s record keeper is a person other than the driver,
section 322(2) of the Law requires a copy of recorded information
to be given to the record keeper within 21 days.
2 If the driver is his or her own record keeper, section 341(4) of the
Law requires the record or a copy of the record to be available
within 21 days at the driver’s record location.
22 Multiple minimum rest time requirements

(1) This section applies to each Table in Schedule 1 or 2.
(2) A minimum rest time requirement can be fulfilled
concurrently with any other minimum rest time requirement,
if the rest period taken meets the requirements of each
minimum rest time requirement.
(3) However, under subsection (2)—
(a) a ‘2 night rest breaks’ requirement can not be fulfilled
concurrently with a ‘2 night rest breaks taken on
consecutive days’ requirement; and
(b) a ‘24 continuous hours stationary rest time’ requirement
can not be fulfilled concurrently with a ‘24 hours
stationary rest time in blocks of at least 7 continuous
hours’ requirement; and
(c) a ‘24 continuous hours stationary rest time taken after
no more than 84 hours work time’ requirement can not
be fulfilled concurrently with a ‘24 continuous hours
stationary rest time’ requirement.
[s 23]
(4) Examples of the operation of subsections (2) and (3) are in

Schedule 3.
minimum rest time requirement means a requirement for a
minimum rest time stated in column 3 of a Table.
23 Prescribed driver offence or fatigue duty under another

law
(1) This section applies for the definition in section 228(4) of the
Law.
(2) The following laws are prescribed for the definitions—
• Work Health and Safety Act 2011 (ACT)
• Work Health and Safety Act 2011 (NSW)
• Work Health and Safety (National Uniform Legislation)
Act 2011 (NT)
• Work Health and Safety Act 2011 (Qld)
• Work Health and Safety Act 2012 (SA)
• Work Health and Safety Act 2012 (Tas)
• Occupational Health and Safety Act 2004 (Vic)
• Occupational Health and Safety Act 1984 (WA)
24 Odometer requirements
(1) This section applies for the purposes of section 396 of the
Law.
(2) If an odometer (an original odometer) was fitted to a
fatigue-regulated heavy vehicle at the time of the vehicle’s
manufacture, the owner—
(a) must have an odometer (whether the original or another
odometer) fitted to the vehicle that complies with
subsection (3); and
(b) must maintain the odometer as stated in subsection (4).
[s 25]
(3) The odometer must have a display that shows the cumulative
distance travelled by the vehicle since—
(a) the odometer was fitted; or
(b) a necessary repair was carried out on the odometer that
resulted in a change to the distance shown on the
display; or
(c) the odometer display reached the limit of the distance
able to be displayed and reset to zero.
(4) The owner must maintain the odometer to a standard where
the display shows the distance travelled to an accuracy of
±10%.
25 Matters authorised officer must have regard to in

requiring fatigued driver to stop work
(1) This section applies for the purposes of section 540 of the
Law.
(2) In deciding the period for which a driver of a fatigue-regulated
heavy vehicle will be required to not work again under
section 540(2)(a) of the Law, an authorised officer must have
regard to the following matters—
(a) a period of 7 hours should be considered the minimum
reasonable period of rest;
(b) a period of 24 hours should be considered a reasonable
period of rest.

Schedule 1
Schedule 1 Standard hours and risk

categories for contraventions
of standard hours
sections 5, 6 and 8
Table 1 Standard hours—solo driver of fatigue-regulated heavy vehicle
Column 4
Column 2 Column 3 Category of breach
Column 1
Maximum Minimum rest Circumstance
Total period
work time time of Risk category
contravention
In any period ... a driver ... a driver must If in that period a the following
of ... must not work not rest for less driver has ... category of
for more than than ... breach is
... committed...
51/2 hours 51/4 hours work 15 continuous > 51/4 hours work minor risk
time minutes rest time time breach
8 hours 71/2 hours work 30 minutes rest > 71/2 hours work minor risk
time time, in blocks of time breach
at least 15
continuous
minutes
11 hours 10 hours work 60 minutes rest ≤ 103/4 hours minor risk
time time, in blocks of work time breach
at least 15
continuous > 103/4 hours substantial risk
minutes work time breach
24 hours 12 hours work ≤ 123/4 hours minor risk

time work time breach
> 123/4 but not > substantial risk

131/4 hours work breach
time
> 131/4 but not > severe risk
time

Schedule 1
Column 4
Column 1
Total period Maximum Minimum rest Circumstance
contravention
> 131/2 hours critical risk
work time breach
7 continuous < 7 but not < 61/4 minor risk

hours stationary continuous hours breach
rest time stationary rest
time
< 61/4 but not < substantial risk
53/4 continuous breach
hours stationary
rest time
< 53/4 but not < severe risk
hours stationary
rest time
< 51/2 continuous critical risk
hours stationary breach
rest time
7 days 72 hours work ≤ 731/2 hours minor risk
(168 hours) time work time breach

time
75 hours work breach
time
> 75 hours work critical risk
time breach
24 continuous < 24 but not < minor risk
hours stationary 231/4 continuous breach
rest time hours stationary
rest time

Schedule 1
Column 4
Column 1
Total period
contravention
hours stationary
rest time
hours stationary
rest time
< 221/2 critical risk
continuous hours breach
stationary rest
time
14 days 144 hours ≤ 1451/2 hours minor risk
(336 hours) work time work time breach

time
time
time breach
(a) 2 night rest < 7 but not < 61/4 minor risk
breaks; and continuous hours breach
stationary rest
time for a block
hours stationary
rest time for a
block

Schedule 1
Column 4
Column 1
Total period
contravention
hours stationary
rest time for a
block
rest time for a
block
(b) 2 night rest < 7 but not < 61/4 minor risk
breaks taken continuous hours breach
on stationary rest
consecutive time for a block
days
hours stationary
rest time for a
block
hours stationary
rest time for a
block
rest time for a
block

Schedule 1
Table 2 Standard hours—solo driver of a fatigue-regulated bus
Column 4
Column 1
Total period
contravention
In any period of ... a driver must ... a driver must If in that period a ...the following
... not work for not rest for less driver has ... category of
more than... than ... breach is
committed ...
time minutes rest time breach
time
time time, in blocks time breach
of at least 15
continuous
minutes
time time, in blocks work time breach
of at least 15


time
time
work time breach

time

Schedule 1
Column 4
Column 1
Total period
contravention
hours stationary
rest time
hours stationary
rest time
rest time
7 days 6 night rest < 7 but not < 61/4 minor risk
(168 hours) breaks continuous hours breach
stationary rest
time for a block
hours stationary
rest time for a
block
hours stationary
rest time for a
block
rest time for a
block

Schedule 1
Column 4
Column 1 Maximum Minimum rest
Total period Circumstance
contravention
time
time
time breach
4 blocks of 24 < 24 but not < minor risk
continuous 231/4 continuous breach
hours stationary hours stationary
rest time rest time for a
block
hours stationary
rest time for a
block
hours stationary
rest time for a
block
stationary rest
time for a block

Schedule 1
Table 3 Standard hours—two-up driver of fatigue-regulated heavy vehicle
Column 4
Column 1
Total period
contravention
... not work for not rest for less driver has category of
more than ... than ... breach is
committed...
time
of at least 15
continuous
minutes
11 hours 10 hours work 60 minutes rest < 103/4 hours minor risk
of at least 15
continuous ≤ 103/4 hours substantial risk


time
time
work time breach

Schedule 1
Column 4
Column 1
Total period
contravention
rest time, or 5 of the relevant
continuous rest time
hours rest time
in an approved < 41/4 but not < substantial risk
sleeper berth 33/4 continuous breach
while the hours of the
vehicle is relevant rest time
moving
hours of the
relevant rest time
hours of the breach
relevant rest time
52 hours 10 continuous < 10 but not < 91/4 minor risk
time
hours stationary
rest time
hours stationary
rest time
rest time
7 days 60 hours work > 60 hours but not minor risk
(168 hours) time > 611/2 hours breach
work time

Schedule 1
Column 4
Column 1
Total period
contravention
> 611/2 hours but substantial risk
not > 621/2 hours breach
work time
> 621/2 hours but severe risk
not > 63 hours breach
work time
time breach
(a) 24 < 24 but not < minor risk
hours hours stationary
stationary rest time
rest time;
and < 231/4 but not < substantial risk
hours stationary
rest time
hours stationary
rest time
stationary rest
time
(b) 24 hours < 24 but not < minor risk
stationary 231/4 hours breach
rest time in stationary rest
blocks of at time in total
least 7
continuous < 7 but not < 61/4 minor risk
hours continuous hours breach
stationary rest
time for a block

Schedule 1
Column 4
Column 1
contravention
223/4 hours breach
stationary rest
time in total
hours stationary
rest time for a
block
221/2 hours breach
stationary rest
time in total
hours stationary
rest time for a
block
< 221/2 hours critical risk
stationary rest breach
time in total
rest time for a
block
14 days 120 hours work > 120 hours but minor risk
(336 hours) time not > 1211/2 hours breach
work time
work time

Schedule 1
Column 4
Column 1
contravention
work time
time breach
(a) 2 night rest < 7 but not < 61/4 minor risk
stationary rest
time for a block
hours stationary
rest time for a
block
hours stationary
rest time for a
block
rest time for a
block
(b) 2 night rest < 7 but not < 61/4 minor risk
breaks continuous hours breach
taken on stationary rest
days
hours stationary
rest time for a
block

Schedule 1
Column 4
Column 1
Total period
contravention
hours stationary
rest time for a
block
rest time for a
block

Schedule 2
Schedule 2 BFM hours and risk categories

for contraventions of BFM
hours
sections 9 and 10
Table 1 BFM hours—solo driver of fatigue-regulated heavy vehicle
Column 4
Column 1
Total period
contravention
more than ... than... breach is
committed...
61/4 hours 6 hours work 15 continuous > 6 hours work minor risk
time
of at least 15
continuous
minutes
of at least 15


time

Schedule 2
Column 4
Column 1
contravention
time
work time breach

time
hours stationary
rest time
hours stationary
rest time
rest time
7 days 36 hours ≤ 363/4 hours minor risk
(168 hours) long/night work long/night work breach
time time
371/4 hours breach
long/night work
time
371/2 hours breach
long/night work
time

Schedule 2
Column 4
Column 1
Total period
contravention
long/night work breach
time

time
time
time breach
rest time
taken after < 231/4 but not < substantial risk
no more 223/4 continuous breach
than 84 hours stationary
hours work rest time
time; and
hours stationary
rest time
stationary rest
time

Schedule 2
Column 4
Column 1
Total period
contravention
(b) 24 < 24 but not < minor risk
rest time;
hours stationary
rest time
hours stationary
rest time
stationary rest
time
(c) 2 night rest < 7 but not < 61/4 minor risk
stationary rest
time for a block
hours stationary
rest time for a
block
hours stationary
rest time for a
block
rest time for a
block

Schedule 2
Column 4
contravention
(d) 2 night rest < 7 but not < 61/4 minor risk
taken on stationary rest
days
hours stationary
rest time for a
block
hours stationary
rest time for a
block
rest time for a
block
Table 2 BFM hours—two-up driver of fatigue-regulated heavy vehicle
Column 4
Column 1
Total period
contravention
In any period of ... a driver must ...a driver must If in that period a ...the following
more than ... than... breach is
committed...

Schedule 2
Column 4
contravention
time
time
work time breach
82 hours 10 continuous < 10 but not < 91/4 minor risk

time
hours stationary
rest time
hours stationary
rest time
rest time
7 days 70 hours work > 70 hours but not minor risk
(168 hours) time > 711/2 hours breach
work time
work time
work time

Schedule 2
Column 4
Column 1
Total period
contravention
time breach
rest time;
hours stationary
rest time
hours stationary
rest time
stationary rest
time
(b) 24 hours < 24 but not < minor risk
stationary 231/4 hours breach
rest time in stationary rest
blocks of at time in total
least 7
continuous < 7 but not < 61/4 minor risk
hours continuous hours breach
stationary rest
time for a block
223/4 hours breach
stationary rest
time in total

Schedule 2
Column 4
contravention
hours stationary
rest time for a
block
221/2 hours breach
stationary rest
time in total
hours stationary
rest time for a
block
< 221/2 hours critical risk
stationary rest breach
time in total
rest time for a
block

time
time
time breach

Schedule 2
Column 4
Column 1
Total period
contravention
4 night rest < 7 but not < 61/4 minor risk
stationary rest
time for a block
hours stationary
rest time for a
block
hours stationary
rest time for a
block
rest time for a
block

Schedule 3
Schedule 3 Examples of concurrent

fulfilment of minimum rest time
requirements
section 22
Example 1
(1) A solo driver working under standard hours intends to work
the following 14 day schedule—
• work 6 consecutive days for 10 hours a day; then
• take 24 continuous hours of stationary rest on the 7th
day; then
• again work 6 consecutive days for 10 hours a day; then
• on the 14th day, take another 24 continuous hours of
stationary rest.
(2) Referring to Table 1 in Schedule 1, in addition to working for
no longer than the maximum work times in Column 2, a solo
driver under standard hours must have at least the following
rest times (Column 3)—
• the minimum rest required for periods of 51/2 hours, 8
hours and 11 hours;
• 7 continuous hours of stationary rest in every 24 hour
period;
• 24 continuous hours of stationary rest in every 7 days;
• 4 night rest breaks in every 14 days, 2 of which must be
on consecutive days.
(3) Section 5 of the Law states that a night rest break is either 7
continuous hours of stationary rest between 10pm on a day
and 8am on the next day, or 24 continuous hours of stationary
rest time.
(4) Under section 22, the driver will automatically meet a
requirement for 1 night rest break when the driver takes 24
Schedule 3
continuous hours or more of stationary rest, regardless of

whether the 24 hour period includes 7 continuous hours
between 10pm on a day and 8am on the next day.
(5) Therefore, the driver's schedule over the 14 day period will
meet the requirement for a minimum of 24 continuous hours
of stationary rest in every 7 days and 2 of the 4 required night
rest breaks.
(6) The driver—
(a) must take at least 2 additional night rest breaks over the
14 day period; and
(b) to fulfil the requirement that 2 night rest breaks be on
consecutive days, the driver may either—
(i) take the 2 additional night rest breaks on
consecutive days; or
(ii) take at least 1 of the additional night rest breaks on
a day that is consecutive to 1 of the periods of 24
continuous hours of stationary rest taken by the
driver.
(7) Section 22 also allows the driver to fulfil the minimum rest
time requirements in a number of additional ways, including,
for example—
(a) the minimum rest time requirements for Column 1
periods of 51/2 hours, 8 hours and 11 hours may be
fulfilled concurrently with any of the other minimum
rest time requirements for Column 1 periods of 51/2
hours, 8 hours, 11 hours, 24 hours, 7 days and 14 days;
and
(b) a night rest break requirement may be fulfilled
concurrently with the requirement for 7 continuous
hours of stationary rest in every 24 hour period, if the
rest period taken includes at least 7 continuous hours of
stationary rest between 10pm on a day and 8am on the
following day; and
(c) the requirement for 7 continuous hours of stationary rest
in every 24 hour period may be fulfilled concurrently
Schedule 3
with the requirement for 24 continuous hours of

stationary rest in every 7 day period.
Example 2
(1) A driver only works under a two-up driving arrangement
under BFM hours.
(2) Referring to Table 2 in Schedule 2, in addition to working for
no longer than the maximum work times in Column 2, the
driver must have at least the following rest time periods
(Column 3)—
• 10 continuous hours of stationary rest in every 82 hour
period (referred to in this example as requirement A);
• 24 continuous hours of stationary rest in every 7 days
(referred to in this example as requirement B);
• 24 hours of stationary rest in blocks of at least 7
continuous hours in every 7 days (referred to in this
example as requirement C); and
• 4 night rest breaks in every 14 days (referred to in this
example as requirement D).
(3) Section 22 allows the driver to fulfil these requirements in a
number of ways, including, for example—
(a) requirement A can be fulfilled concurrently with a block
of at least 10 hours under requirement C, and, if at least
7 hours of the rest period taken are between 10pm on a
day and 8am the next day, this can also fulfil the
requirement for 1 of the night rest breaks under
requirement D; or
(b) requirement B can be fulfilled concurrently with
requirement A and the requirement for 1 of the night
rests under requirement D.
(4) However, under section 22(3), the driver cannot fulfil
requirement B concurrently with requirement C.

Schedule 4
Schedule 4 Risk categories for

contraventions of AFM hours
section 11
Part 1 General
Table Categories of contraventions generally applicable
Column 2
Category of breach
Column 1 Circumstance of Circumstance of Risk category
Total period contravention contravention
relating to work relating to rest
time time
In any period of ... If a driver has If a driver has had ...the following
exceeded the less than the category of breach is
maximum work time minimum rest time committed...
by ... by ...
Less than 7 days ≤ 45 minutes work ≤ 45 minutes rest minor risk breach
time time
> 45 but ≤ 75 > 45 but ≤ 75 substantial risk
minutes work time minutes rest time breach
> 75 but ≤ 90 > 75 but ≤ 90 severe risk breach
minutes work time minutes rest time
> 90 minutes work > 90 minutes rest critical risk breach
time time
28 days, if the period ≤ 11/2 hours work minor risk breach
is 7 days or more time
> 11/2 but ≤ 21/2 substantial risk
hours work time breach
> 21/2 but ≤ 3 hours severe risk breach

work time
> 3 hours work time critical risk breach

Schedule 4
Part 2 Escalated risk contraventions
Table 1 Thresholds for escalated risk contraventions
Column 1 Column 2 Column 3

Total period Maximum work time Minimum rest time
In any period of ... ... a driver must not work for ... a driver must not rest for
more than ... less than...
24 hours 151/2 hours work time 7 continuous hours
stationary rest time (or in
the case of a driver who is a
party to a two-up driving
arrangement, 7 continuous
hours of stationary rest time
or rest time in an approved
sleeper berth while the
vehicle is moving)
14 days 154 hours work time 30 continuous hours
(336 hours) stationary rest time that
includes the periods 12am to
6 am on a day and 12am to 6
am on the following day,
using the time zone of the
driver’s base
28 days 288 hours work time
(672 hours)
Table 2 Categories of contraventions for escalated risk contraventions
Column 2
Category of breach
time time
maximum work time minimum rest time committed ...
by ... by ...

Schedule 4
Column 2
Category of breach
time time
Less than 7 days ≤ 15 minutes work ≤ 15 minutes rest substantial risk
time time breach
> 15 minutes but ≤ > 15 minutes but ≤ severe risk breach
30 minutes work 30 minutes rest time
time
> 30 minutes work > 30 minutes rest critical risk breach
time time
28 days, if the period ≤ 30 minutes work substantial risk
is 7 days or more time breach
> 30 minutes but ≤ 1 severe risk breach
hour work time
> 1 hour work time critical risk breach

Schedule 5
Schedule 5 Risk categories for

contraventions of exemption
hours
section 12
Table Exemption hours—categories of breaches
Column 2
Category of breach
time time
maximum work time minimum rest time committed ...
by ... by ...
Less than 7 days ≤ 45 minutes work ≤ 45 minutes rest minor risk
time time
> 45 but ≤ 75 > 45 but ≤ 75 substantial risk
> 75 but ≤ 90 > 75 but ≤ 90 severe risk
> 90 minutes work > 90 minutes rest critical risk
time time
28 days, if the period ≤ 11/2 hours work minor risk
is 7 days or more time
> 11/2 but ≤ 21/2 substantial risk
hours work time
> 21/2 but ≤ 3 hours severe risk
work time
> 3 hours work time critical risk


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Queensland

Heavy Vehicle National Law (Queensland)

Heavy Vehicle (Fatigue

Current as at 1 October 2018

National scheme legislation may not be entirely consistent with

Heavy Vehicle (Fatigue Management)

17 Recording of two-up driver details . . . . . . . . . . . . . . . . . . . . . . . . 15

Heavy Vehicle (Fatigue Management) National

Current as at 1 October 2018 Page 3

Part 2 Maximum work requirements

Division 1 Standard hours

5 Standard hours—solo drivers

Page 4 Current as at 1 October 2018

6 Standard hours—solo drivers of fatigue-regulated buses

7 Options about standard hours for solo driver of a

8 Standard hours—two-up drivers

Page 6 Current as at 1 October 2018

(3) A contravention of section 251(1) of the Law for any period

Division 2 BFM hours

9 BFM hours—solo drivers

10 BFM hours—two-up drivers

Page 8 Current as at 1 October 2018

(a) the period the driver works in excess of the maximum

Division 3 AFM hours

11 Risk category for contraventions of AFM hours

Current as at 1 October 2018 Page 9

Division 4 Exemption hours

12 Risk category for contraventions of exemption hours

Part 3 Work diary requirements

Division 1 Information to be included in work

14 How information requirements apply to a day

Page 10 Current as at 1 October 2018

15 Information to be recorded immediately after starting

AFM accreditation—the accreditation number for the

16 Information to be recorded in relation to a work and rest

Page 12 Current as at 1 October 2018

(ii) at a later time (the later time) becomes a day for

16A If the driver uses an electronic work diary

(a) the electronic work diary using GNSS functionality; or

17 Recording of two-up driver details

Current as at 1 October 2018 Page 15

(b) the other driver is recording information in a

18 Information to be recorded after change of base, record

(3) In this section—

18A Change between forms of work diary

Current as at 1 October 2018 Page 17

19 Recording of total work time and total rest time had on a

Division 2 How information must be recorded

21 Signing and dating daily work sheet

Part 4 Other provisions

22 Multiple minimum rest time requirements

(4) Examples of the operation of subsections (2) and (3) are in

23 Prescribed driver offence or fatigue duty under another

25 Matters authorised officer must have regard to in

Current as at 1 October 2018 Page 21

Schedule 1 Standard hours and risk

Table 1 Standard hours—solo driver of fatigue-regulated heavy vehicle

24 hours 12 hours work ≤ 123/4 hours minor risk

> 123/4 but not > substantial risk