Division 3Division 3 Duties relating to work and rest times
Subdivision 1 Key concepts for this Division
56 What is “work and rest hours option”
A driver’s work and rest hours option at any particular time is whichever one of the following applies to the driver at that time under this Part:(a) standard hours,(b) BFM hours,(c) AFM hours,(d) the hours specified in a work and rest hours exemption (whether or not granted in combination with an operator’s BFM or AFM accreditation).
(1) A driver’s work time is:(a) the time that the driver spends driving a regulated heavy vehicle, whether or not it is on a road or road related area, and(b) any other time that the driver spends doing tasks that are related to the operation of a regulated heavy vehicle, including (but not limited to) the following:(i) loading or unloading the vehicle,(ii) inspecting, servicing or repairing the vehicle,(iii) inspecting or attending to the load on the vehicle,(iv) attending to the passengers of a bus,(v) cleaning or refuelling the vehicle,(vi) performing marketing tasks in relation to the operation of the vehicle,(vii) helping with, or supervising, an activity mentioned in subparagraphs (i)–(vi),(viii) recording information, or completing a document, in accordance with this Part or otherwise, in relation to the operation of the vehicle.(2) In this clause:driving includes:
(a) being in the driver’s seat of a regulated heavy vehicle while its engine is running, and(b) being in a regulated heavy vehicle for the purpose of instructing or supervising the driver of the vehicle.marketing tasks includes:
(a) arranging for the transport of passengers or goods, and(b) canvassing for orders for the transport of passengers or goods.
Rest time of a driver is time that is not work time of the driver.
(1) A period during which the driver of a regulated heavy vehicle is in the driver’s seat of the vehicle while its engine is running counts as rest time if:(a) the vehicle is stationary during that period, and(b) the driver is not subject to work demands during that period, and(c) the period is at least 15 minutes or forms part of a period of rest time of at least 15 minutes.(2) This clause has effect despite paragraph (a) of the definition of driving in clause 57 (2).Note. Clause 60 provides for the manner in which periods of rest time are to be calculated.
58B Limited personal use on rest days
(1) In this clause, permitted activity means cleaning or refuelling a regulated heavy vehicle or driving a regulated heavy vehicle.(2) A rest period of at least 24 continuous hours of stationary rest time that is required to be taken by a driver under this Regulation may include a period of up to one continuous hour of permitted activity that is to be treated as part of that rest time, but only if:(a) the permitted activity is not done at the direction of the driver’s employer or for fee or reward, and(b) the beginning of the period of permitted activity occurs at least 3 hours after the beginning of the 24-hour rest period, and(c) the end of the period of permitted activity occurs at least 3 hours before the end of the 24-hour rest period.(3) This clause has effect despite clauses 57 and 58.
59 What is a “work and rest change”
A work and rest change for a driver is:(a) a change from work time to rest time, or(b) a change from rest time to work time, or(c) a change from being a solo driver to being a two-up driver, or(d) a change from being a two-up driver to being a solo driver.
60 Counting time, including work and rest time
(1) A period of work time of less than 15 minutes counts as 15 minutes work time.Note. Examples:• A period of working for 14 minutes counts as 15 minutes work time.• A period of working for 17 minutes counts as 30 minutes work time.• A period of working for 53 minutes counts as 1 hour work time.(2) A period of rest time is counted in blocks of time of no less than 15 minutes.Note. Examples:• A period of not working for only 14 minutes does not count as rest time (because 14 minutes is less than 15 minutes).• A period of not working for 17 minutes counts as 15 minutes rest time (because 17 minutes is more than 15 minutes, but is less than 2 lots of 15 minutes ie 30 minutes).• A period of not working for 53 minutes counts as 45 minutes rest time (because 53 minutes is more than 3 lots of 15 minutes ie 45 minutes, but is less than 4 lots of 15 minutes ie 60 minutes).(3) When counting time in a period, the time must not be counted from within rest time, but instead must be counted forward:(a) if one or more major rest breaks are relevant to the period, from the end of a relevant major rest break, or(b) in any other case, from the end of a relevant period of rest time.(4) If a driver undertakes a journey and is in a different time zone from the time zone of his or her base at the time when a period of time is relevant for the purposes of this Part, the period must be counted by reference to the time zone of the base.Note. Example: If it is necessary to determine the night hours of a driver with a base in Western Australia while the driver is in New South Wales on a journey, those night hours are the period between 12 midnight and 6 am in the Western Australian time zone in which the driver’s base is situated (even though those hours equate, for instance, to 3 am to 9 am Eastern Standard Summer Savings Time).(5) Subclauses (1) and (2) do not apply to work time and rest time of a driver in relation to the driving of a bus on a journey undertaken in accordance with a service contract entered into under Part 3 of the Passenger Transport Act 1990.
61 Counting time within the participating zone
In applying this Part to a driver, any time that is spent by the driver in another jurisdiction within the participating zone is to be treated in the same way as it would have been treated if the time had been spent in this jurisdiction.
62 Counting time from outside the participating zone
(1) This clause applies to a driver if the driver drives a regulated heavy vehicle into this jurisdiction from another jurisdiction within the non-participating zone.(2) If, within the last 7 days, the driver has spent any work time inside the participating zone, any time spent by the driver in the other jurisdiction within the non-participating zone is to be treated in the same way as it would have been treated if the time had been spent in this jurisdiction.(3) If, within the last 7 days, the driver spent work time only in the non-participating zone:(a) any time spent in the other jurisdiction before the start of the driver’s last major rest break before entering this jurisdiction is to be disregarded, and(b) any time spent in the other jurisdiction after the start of that major rest break is to be taken into account, and(c) any time spent by the driver in the non-participating zone (or another jurisdiction in the participating zone) after the start of that major rest break is to be treated in the same way as it would have been treated if the time had been spent in this jurisdiction.
(1) This Subdivision applies to the work and rest times for the driver of a regulated heavy vehicle, if the driver is not working under a BFM or AFM accreditation (the standard hours).(2) The solo driver of a bus has the option to drive under either (but not both):(a) the standard hours set out in clause 64, or(b) the standard hours set out in clause 65.
64 Standard hours—solo drivers
(1) The Table to this clause sets out the standard hours for the solo driver of a regulated heavy vehicle (including a bus).(2) In any period referred to in Column 1 of the Table to this clause, the solo driver:(a) must not work for more than the work time mentioned in Column 2 of that Table, and(b) must have the rest of that period off work, with at least the rest time mentioned in Column 3 of that Table.Maximum penalty:
(a) in relation to a minor risk offence—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence), or(b) in relation to a substantial risk offence—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), or(c) in relation to a severe risk offence—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), or(d) in relation to a critical risk offence—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).(3) A contravention of subclause (2) in relation to a period referred to in Column 1 of the Table to this clause is an offence of the risk category determined in accordance with Column 4 of the Table.(4) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.
Standard hours—Solo drivers of a regulated heavy vehicle
Column 1
Column 2
Column 3
Column 4
Total period
Maximum work time
Minimum rest time
Offence category
In any period of…
a driver must not work for more than…
and must have the rest of that period off work, with at least…
If in that period a driver has…
the following category of offence is committed…
5½ hrs
5¼ hrs work time
15 continuous mins rest time
> 5¼ hrs work time
minor risk
8 hrs
7½ hrs work time
30 mins rest time, in blocks of 15 continuous mins
> 7½ hrs work time
minor risk
11 hrs
10 hrs work time
60 mins rest time, in blocks of 15 continuous mins
≤ 10¾ hrs work time
minor risk
> 10¾ hrs work time
substantial risk
24 hrs
12 hrs work time
≤ 12 hrs ¾ work time
minor risk
> 12¾ but not > 13¼ hrs work time
substantial risk
> 13¼ but not > 13½ hrs work time
severe risk
> 13 ½hrs work time
critical risk
7 continuous hrs stationary rest time
< 7 but not < 6¼ continuous hrs stationary rest time
minor risk
< 6¼ but not < 5¾ continuous hrs stationary rest time
substantial risk
< 5¾ but not < 5½ continuous hrs stationary rest time
severe risk
< 5½ continuous hrs stationary rest time
critical risk
7 days (168 hrs)
72 hrs work time
≤ 73½ hrs work time
minor risk
> 73½ but not > 74½ hrs work time
substantial risk
> 74½ but not > 75 hrs work time
severe risk
> 75 hrs work time
critical risk
24 continuous hrs stationary rest time
< 24 but not < 23¼ continuous hrs stationary rest time
minor risk
< 23¼ but not < 22¾ continuous hrs stationary rest time
substantial risk
< 22¾ but not < 22½ continuous hrs stationary rest time
severe risk
< 22½ continuous hrs stationary rest time
critical risk
14 days (336 hrs)
144 hrs work time
≤ 145½ hrs work time
minor risk
> 145½ but not > 146½ hrs work time
substantial risk
> 146½ but not > 147 hrs work time
severe risk
> 147 hrs work time
critical risk
2 × night rest breaks, and
< 7 but not < 6¼ continuous hrs stationary rest time per block
minor risk
< 6¼ but not < 5¾ continuous hrs stationary of that rest time per block
substantial risk
< 5¾ but not < 5½ continuous hrs stationary of that rest time per block
severe risk
< 5½ continuous hrs stationary of that rest time per block
critical risk
2 × night rest breaks taken on consecutive days
< 7 but not < 6¼ continuous hrs stationary of that rest time per block
minor risk
< 6¼ but not < 5¾ continuous hrs stationary of that rest time per block
substantial risk
< 5¾ but not < 5½ continuous hrs stationary of that rest time per block
severe risk
< 5½ continuous hrs stationary of that rest time per block
critical risk
65 Standard hours—solo drivers of buses
(1) The Table to this clause sets out the standard hours for the solo driver of a bus.(2) In any period mentioned in Column 1 of the Table to this clause, the solo driver of a bus:(a) must not work for more than the work time mentioned in Column 2 of that Table, and(b) must have the rest of that period off work, with at least the rest time mentioned in Column 3 of that Table.Maximum penalty:
(a) in relation to a minor risk offence—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence), or(b) in relation to a substantial risk offence—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), or(c) in relation to a severe risk offence—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), or(d) in relation to a critical risk offence—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).(3) A contravention of subclause (2) in relation to a period referred to in Column 1 of the Table to this clause is an offence of the risk category determined in accordance with Column 4 of the Table.(4) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.
Standard hours—solo drivers of buses
Column 1
Column 2
Column 3
Column 4
Total period
Maximum work time
Minimum rest time
Offence category
In any period of…
a driver must not work for more than…
and must have the rest of that period off work, with at least…
If in that period a driver has…
the following category of offence is committed…
5½ hrs
5¼ hrs work time
15 continuous mins rest time
> 5¼ hrs work time
minor risk
8 hrs
7½ hrs work time
30 mins rest time, in blocks of 15 continuous mins
> 7½ hrs work time
minor risk
11 hrs
10 hrs work time
60 mins rest time, in blocks of 15 continuous mins
≤ 10¾ hrs work time
minor risk
> 10¾ hrs work time
substantial risk
24 hrs
12 hrs work time
≤ 12¾ hrs work time
minor risk
> 12¾ but not > 13¼ hrs work time
substantial risk
> 13¼ but not > 13½ hrs work time
severe risk
> 13½ hrs work time
critical risk
7 continuous hrs stationary rest time
< 7 but not < 6¼ continuous hrs stationary rest time
minor risk
< 6¼ but not < 5¾ continuous hrs stationary rest time
substantial risk
< 5¾ but not < 5½ continuous hrs stationary rest time
severe risk
< 5½ continuous hrs stationary rest time
critical risk
7 days (168 hrs)
6 × night rest breaks
< 7 but not < 6¼ continuous hrs stationary of that rest time per block
minor risk
< 6¼ but not < 5¾ continuous hrs stationary of that rest time per block
substantial risk
< 5¾ but not < 5½ continuous hrs stationary of that rest time per block
severe risk
< 5½ continuous hrs stationary of that rest time per block
critical risk
28 days (672 hrs)
288 hrs work time
≤ 289½ hrs work time
minor risk
> 289½ but not > 290½ hrs work time
substantial risk
> 290½ but not > 291 hrs work time
severe risk
> 291 hrs work time
critical risk
4 × 24 blocks continuous hrs stationary rest time
< 24 but not < 23¼ continuous hrs stationary rest time per block
minor risk
< 23¼ but not < 22¾ continuous hrs stationary rest time per block
substantial risk
< 22¾ but not < 22½ continuous hrs stationary rest time per block
severe risk
< 22½ continuous hrs stationary rest time per block
critical risk
66 Standard hours—two-up drivers
(1) The Table to this clause sets out the standard hours for a two-up driver of a regulated heavy vehicle, except when the two-up driver is working under a BFM or AFM accreditation.(2) In any period mentioned in Column 1 of the Table to this clause, the two-up driver:(a) must not work for more than the work time mentioned in Column 2 of that Table, and(b) must have the rest of that period off work, with at least the rest time mentioned in Column 3 of that Table.Maximum penalty:
(a) in relation to a minor risk offence—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence), or(b) in relation to a substantial risk offence—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), or(c) in relation to a severe risk offence—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence),(d) in relation to a critical risk offence—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).(3) A contravention of subclause (2) in relation to a period referred to in Column 1 of the Table to this clause is an offence of the risk category determined in accordance with Column 4 of the Table.(4) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.
Standard hours—Two-up drivers of a regulated heavy vehicle
Column 1
Column 2
Column 3
Column 4
Total period
Maximum work time
Minimum rest time
Offence category
In any period of…
a driver must not work for more than…
and must have the rest of that period off work, with at least…
If in that period a driver has…
the following category of offence is committed…
5½ hrs
5¼ hrs work time
15 continuous mins stationary rest time
> 5¼ hrs work time
minor risk
8 hrs
7½ hrs work time
30 mins stationary rest time, in blocks of 15 continuous mins
> 7½ hrs work time
minor risk
11 hrs
10 hrs work time
60 mins stationary rest time, in blocks of 15 continuous mins
≤ 10¾ hrs work time
minor risk
> 10¾ hrs work time
substantial risk
24 hrs
12 hrs work time
≤ 12¾ hrs work time
minor risk
> 12¾ but not > 13¼ hrs work time
substantial risk
> 13¼ but not > 13½ hrs work time
severe risk
> 13½ hrs work time
critical risk
5 continuous hrs stationary rest time, or 5 continuous hrs rest time in an approved sleeper berth while the vehicle is moving
< 5 but not < 4¼ continuous hrs of that rest time
minor risk
< 4¼ but not < 3¾ continuous hrs of that rest time
substantial risk
< 3¾ but not < 3½ continuous hrs of that rest time
severe risk
< 3½ continuous hrs of that rest time
critical risk
52 hrs
10 continuous hrs stationary rest time
< 10 but not < 9¼ continuous hrs stationary rest time
minor risk
< 9¼ but not < 8¾ continuous hrs stationary rest time
substantial risk
< 8¾ but not < 8½ continuous hrs stationary rest time
severe risk
< 8½ continuous hrs stationary rest time
critical risk
7 days (168 hrs)
60 hrs work time
> 60 but not > 61½ hrs work time
minor risk
> 61½ but not > 62½ hrs work time
substantial risk
> 62½but not > 63 hrs work time
severe risk
> 63 hrs work time
critical risk
24 continuous hrs stationary rest time, and
< 24 but not < 23¼ continuous hrs stationary rest time
minor risk
< 23¼ but not < 22¾ continuous hrs stationary rest time
substantial risk
< 22¾ but not < 22½ continuous hrs stationary rest time
severe risk
< 22½ continuous hrs stationary rest time
critical risk
24 hrs stationary rest time in blocks of at least 7 continuous hrs stationary rest time
< 24 but not < 23¼ hrs stationary rest time in total
minor risk
< 7 but not < 6¼ continuous hrs stationary rest time per block
< 23¼ but not < 22¾ hrs stationary rest time in total
substantial risk
< 6¼ but not < 5¾ continuous hrs stationary rest time per block
< 22¾ but not < 22½ hrs stationary rest time in total
severe risk
< 5¾ but not < 5½ continuous hrs stationary rest time per block
< 22½ hrs stationary rest time in total
critical risk
< 5½ continuous hrs stationary rest time per block
14 days (336 hrs)
120 hrs work time
> 120 but not > 121½ hrs work time
minor risk
> 121½ but not > 122½ hrs work time
substantial risk
> 122½ but not > 123 hrs work time
severe risk
> 123 hrs work time
critical risk
2 × night rest breaks, and
< 7 but not < 6¼ continuous hrs stationary rest time per break
minor risk
< 6¼ but not < 5¾ continuous hrs stationary of that rest time per break
substantial risk
< 5¾ but not < 5½ continuous hrs stationary of that rest time per break
severe risk
< 5½ continuous hrs stationary of that rest time per break
critical risk
2 × night rest breaks taken on consecutive days
< 7 but not < 6¼ continuous hrs stationary of that rest time per break
minor risk
< 6¼ but not < 5¾ continuous hrs stationary of that rest time per break
substantial risk
< 5¾ but not < 5½ continuous hrs stationary of that rest time per break
severe risk
< 5½ continuous hrs stationary of that rest time per break
critical risk
67 What this Subdivision is about
This Subdivision sets out the work and rest times that apply to the driver of a regulated heavy vehicle, if the driver is working under, and complying with, a BFM accreditation (the BFM hours).
(1) The Table to this clause sets out the BFM hours for a solo driver of a regulated heavy vehicle.(2) In any period mentioned in Column 1 of the Table to this clause, the solo driver:(a) must not work for more than the work time mentioned in Column 2 of that Table, and(b) must have the rest of that period off work, with at least the rest time mentioned in Column 3 of that Table.Maximum penalty:
(a) in relation to a minor risk offence—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence), or(b) in relation to a substantial risk offence—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), or(c) in relation to a severe risk offence—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), or(d) in relation to a critical risk offence—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).(3) A contravention of subclause (2) in relation to a period referred to in Column 1 of the Table to this clause is an offence of the risk category determined in accordance with Column 4 of the Table.(4) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.
BFM hours—solo drivers of a regulated heavy vehicle
Column 1
Column 2
Column 3
Column 4
Total period
Maximum work time
Minimum rest time
Offence category
In any period of…
a driver must not work for more than…
and must have the rest of that period off work, with at least…
If in that period a driver has…
the following category of offence is committed…
6¼ hrs
6 hrs work time
15 continuous mins rest time
> 6 hrs work time
minor risk
9 hrs
8½ hrs work time
30 mins rest time, in blocks of 15 continuous mins
> 8½ hrs work time
minor risk
12 hrs
11 hrs work time
60 mins rest time, in blocks of 15 continuous mins
≤ 11¾ hrs work time
minor risk
> 11¾ hrs work time
substantial risk
24 hrs
14 hrs work time
≤ 14¾ hrs work time
minor risk
> 14¾but not > 15¼ hrswork time
substantial risk
> 15¼ but not > 15½ hrs work time
severe risk
> 15½ hrs work time
critical risk
7 continuous hrs stationary rest time
< 7 but not < 6¼ continuous hrs stationary rest time
minor risk
< 6¼ but not < 5¾ continuous hrs stationary rest time
substantial risk
< 5¾ but not < 5½ continuous hrs stationary rest time
severe risk
< 5½ continuous hrs stationary rest time
critical risk
7 days (168 hrs)
36 hrs long and night work time
≤ 36¾ hrs long and night work time
minor risk
> 36¾ but not > 37¼ hrs long and night work time
substantial risk
> 37¼ but not > 37½ hrs long and night work time
severe risk
>37½ hrs long and night work time
critical risk
14 days (336 hrs)
144 hrs work time
≤ 145½ hrs work time
minor risk
> 145½ but not > 146½ hrs work time
substantial risk
> 146½ but not > 147 hrs work time
severe risk
> 147 hrs work time
critical risk
24 continuous hrs stationary rest time taken after no more than 84 hrs work time, and
< 24 but not < 23¼ continuous hrs stationary rest time
minor risk
< 23¼ but not < 22¾ continuous hrs stationary rest time
substantial risk
< 22¾ but not < 22½ continuous hrs stationary rest time
severe risk
< 22½ continuous hrs stationary rest time
critical risk
24 continuous hrs stationary rest time, and
< 24 but not < 23¼ continuous hrs stationary rest time
minor risk
< 23¼ but not < 22¾ continuous hrs stationary rest time
substantial risk
< 22¾ but not < 22½ continuous hrs stationary rest time
severe risk
< 22½ continuous hrs stationary rest time
critical risk
2 × night rest breaks, and
< 7 but not < 6¼ continuous hrs stationary rest time per break
minor risk
< 6¼ but not < 5¾ continuous hrs stationary of that rest time per break
substantial risk
< 5¾ but not < 5½ continuous hrs stationary of that rest time per break
severe risk
< 5½ continuous hrs stationary of that rest time per break
critical risk
2 × night rest breaks taken on consecutive days
< 7 but not < 6¼ continuous hrs stationary of that rest time per break
minor risk
< 6¼ but not < 5¾ continuous hrs stationary of that rest time per break
substantial risk
< 5¾ but not < 5½ continuous hrs stationary of that rest time per break
severe risk
< 5½ continuous hrs stationary of that rest time per break
critical risk
69 Defence for solo drivers relating to split rest breaks
If an offence under BFM hours could have been avoided if the driver had taken a 7 hours continuous rest break, it is a defence for the driver to prove:(a) that he or she was, at the relevant time, driving under BFM hours as a solo driver of a regulated heavy vehicle, and(b) that he or she took a 6 hour continuous rest break and a 2 hour continuous rest break within the same 24 hour period (a split rest break), and(c) that he or she had not taken a split rest break in the previous 24 hour period.Note. Example—a driver stops work to take a 7 hour continuous rest break, but cannot sleep, so the driver takes only 2 hours continuous rest and then drives on for a further 2 hours and takes a further 6 hours continuous rest at another place down the road.
(1) The Table to this clause sets out the BFM hours for a two-up driver of a regulated heavy vehicle.(2) In any period mentioned in Column 1 of the Table to this clause, the two-up driver:(a) must not work for more than the work time mentioned in Column 2 of that Table, and(b) must have the rest of that period off work, with at least the rest time mentioned in Column 3 of that Table.Maximum penalty:
(a) in relation to a minor risk offence—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence), or(b) in relation to a substantial risk offence—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), or(c) in relation to a severe risk offence—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), or(d) in relation to a critical risk offence—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).(3) A contravention of subclause (2) in relation to a period referred to in Column 1 of the Table to this clause is an offence of the risk category determined in accordance with Column 4 of the Table.(4) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.
BFM hours—two-up drivers of a regulated heavy vehicle
Column 1
Column 2
Column 3
Column 4
Total period
Maximum work time
Minimum rest time
Offence category
In any period of…
a driver must not work for more than…
and must have the rest of that period off work, with at least…
If in that period a driver has…
the following category of offence is committed…
24 hrs
14 hrs work time
≤ 14¾ hrs work time
minor risk
> 14¾ but not > 15¼ hrs work time
substantial risk
> 15¼ but not > 15½ hrs work time
severe risk
> 15½ hrs work time
critical risk
82 hrs
10 continuous hrs stationary rest time
< 10 but not < 9¼ continuous hrs stationary rest time
minor risk
< 9¼ but not < 8¾ continuous hrs stationary rest time
substantial risk
< 8¾ but not < 8½ continuous hrs stationary rest time
severe risk
< 8½ continuous hrs stationary rest time
critical risk
7 days (168 hrs)
70 hrs work time
> 70 but not > 71½ hrs work time
minor risk
> 71½ but not > 72½ hrs work time
substantial risk
> 72½ but not > 73 hrs work time
severe risk
> 73 hrs work time
critical risk
24 continuous hrs stationary rest time, and
< 24 but not < 23¼ continuous hrs stationary rest time
minor risk
< 23¼ but not < 22¾ continuous hrs stationary rest time
substantial risk
< 22¾ but not < 22½ continuous hrs stationary rest time
severe risk
< 22½ continuous hrs stationary rest time
critical risk
24 hrs stationary rest time in blocks of at least 7 continuous hrs
< 24 but not < 23¼ hrs stationary rest time in total
minor risk
< 7 but not < 6¼ continuous hrs stationary rest time per block
< 23¼ but not < 22¾ hrs stationary rest time in total
substantial risk
< 6¼ but not < 5¾ continuous hrs stationary rest time per block
< 22¾ but not < 22½ hrs stationary rest time in total
severe risk
< 5¾ but not < 5½ continuous hrs stationary rest time per block
< 22½ hrs stationary rest time in total
critical risk
< 5½ continuous hrs stationary rest time per block
14 days (336 hrs)
140 hrs work time
≤ 141½ hrs work time
minor risk
> 141½ but not > 142½ hrs work time
substantial risk
> 142½ but not > 143 hrs work time
severe risk
> 143 hrs work time
critical risk
4 × 7 continuous hrs stationary rest time between 10 pm on a day and 8 am on the next day, using the time zone of the base of the driver
< 7 but not < 6¼ continuous hrs stationary rest time per block
minor risk
< 6¼ but not < 5¾ continuous hrs stationary of that rest time per block
substantial risk
< 5¾ but not < 5½ continuous hrs stationary of that rest time per block
severe risk
< 5½ continuous hrs stationary of that rest time per block
critical risk
(1) The accreditation certificate issued for an AFM accreditation sets out the work and rest times that apply to the driver of a regulated heavy vehicle, if the driver is working under, and complying with, the accreditation (the AFM hours).(2) In any period specified in the AFM accreditation, the driver:(a) must not work for more than the maximum work time specified in the AFM hours, and(b) must have at least the minimum rest time specified in the AFM hours.Maximum penalty:
(a) in relation to a minor risk offence—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence), or(b) in relation to a substantial risk offence—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), or(c) in relation to a severe risk offence—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), or(d) in relation to a critical risk offence—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).(3) A contravention of subclause (2) in relation to a period referred to in Column 1 of the Table to this clause is an offence of the risk category determined in accordance with Column 4 of the Table.(4) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.
AFM hours—Penalties
Column 1
Column 2
Column 3
Column 4
Total period
Maximum work
Minimum rest time
Offence category
In any period of
If a driver has exceeded the maximum work time by…
If a driver had had less than the minimum rest time by…
…the following category of offence is committed…
Less than 7 days
≤ 45 mins work time
≤ 45 mins rest time
minor risk
> 45 but ≤ 75 mins work time
> 45 but ≤ 75 mins rest time
substantial risk
> 75 but ≤ 90 mins work time
> 75 but ≤ 90 mins rest time
severe risk
> 90 mins work time
> 90 mins rest time
critical risk
7 days or more
≤ 1½ hours work time
minor risk
> 1½ but ≤ 2½ hours work time
substantial risk
> 2½ but ≤ 3 hours work time
severe risk
> 3 hours work time
critical risk
(1) The Table to this subclause sets out the AFM outer limits for a driver of a regulated heavy vehicle.
AFM outer limits
Column 1
Column 2
Column 3
Total period
Maximum work time
Minimum rest time
In any period of…
a driver must not work for more than…
and must have the rest of that period off work, with at least…
24 hrs
15 hrs work time
6 continuous hrs stationary rest time (or in the case of a two-up driver, rest in an approved sleeper berth), or
8 hrs stationary rest time (or in the case of a two-up driver, rest in an approved sleeper berth) taken in no more than 2 blocks14 days (336 hrs)
154 hrs work time
2 × 7 continuous hrs stationary rest time between 10 pm on a day and 8 am on the next day, using the time zone of the base of the driver
28 days (672 hrs)
288 hrs work time
4 × 24 continuous hrs stationary rest time
(2) In any period listed in Column 1 of the Table to subclause (1), the driver:(a) must not work for more than the maximum work time specified in Column 2 of that Table for that period, and(b) must have at least the minimum rest time specified in Column 3 of that Table for that period.Maximum penalty:
(a) in relation to a minor risk offence—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence), or(b) in relation to a substantial risk offence—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), or(c) in relation to a severe risk offence—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), or(d) in relation to a critical risk offence—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).(3) In any period mentioned in Column 1 of the Table to this clause, the two-up driver:(a) must not work for more than the work time mentioned in Column 2 of that Table, and(b) must have the rest of that period off work, with at least the rest time mentioned in Column 3 of that Table.Maximum penalty:
(a) in relation to a minor risk offence—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence), or(b) in relation to a substantial risk offence—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), or(c) in relation to a severe risk offence—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), or(d) in relation to a critical risk offence—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).(4) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.(5) A contravention of subclause (2) or (3) in relation to a period referred to in Column 1 of the Table to this subclause is an offence of the risk category determined in accordance with Column 4 of that Table.
AFM outer limits—penalties
Column 1
Column 2
Column 3
Column 4
Total period
Maximum work
Minimum rest time
Offence category
In any period of
If a driver has exceeded the maximum work time by…
If a driver had had less than the minimum rest time by…
…the following category of offence is committed…
Less than 7 days
≤ 15 mins work time
≤ 15 mins rest time
substantial risk
> 15 but ≤ 30 mins work time
> 15 but ≤ 30 mins rest time
severe risk
> 30 mins work time
> 30 mins rest time
critical risk
7 days or more
≤ 30 mins work time
substantial risk
> 30 mins but ≤ 1 hour work time
severe risk
> 3 hours work time
critical risk
Subdivision 5 Changing work and rest hours option
73 Changing work and rest hours option
(1) A driver of a regulated heavy vehicle may drive under only one work and rest hours option at any one time.(2) However, a driver may change from one work and rest hours option to a different work and rest hours option.(3) A driver must not drive a regulated heavy vehicle after changing from one work and rest hours option to a different work and rest hours option unless:(a) if the change is from standard hours or BFM hours—either:(i) the driver is in compliance with all the work and rest time requirements of the work and rest hours option to which he or she has changed, or(ii) the driver has had a reset rest break, and(b) if the change is from AFM hours or the hours specified in a work and rest hours exemption—the driver has had a reset rest break, and(c) the driver complies with all other requirements of the work and rest hours option to which he or she has changed.Maximum penalty:
(a) in the case of an individual—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—75 penalty units (in the case of a first offence) or 150 penalty units (in the case of a second or subsequent offence).(4) If a driver has had a reset rest break between changing from one work and rest hours option to a different work and rest hours option, the period to which the new work and rest hours option applies must be counted forward from the end of the reset rest break.(5) The employer or prime contractor of a driver who changes from one work and rest hours option to a different work and rest hours option, the operator of any regulated heavy vehicle driven by the driver, and the driver’s scheduler, each must:(a) ensure that the driver does not drive a regulated heavy vehicle after making the change unless the driver has complied with subclauses (3) and (4), and(b) take whatever action is necessary to ensure that the driver can comply with his or her obligations in relation to the change.Maximum penalty:
(a) in the case of an individual—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—100 penalty units (in the case of a first offence) or 200 penalty units (in the case of a second or subsequent offence).(6) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.(7) A person accused of an offence under subclause (5) has the benefit of the reasonable steps defence.(8) A reset rest break means a rest break of at least 48 hours continuous rest.