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

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
		60 mins rest time, in blocks of 15 continuous mins	> 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
		6 × night rest breaks	< 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