Defence for NHVR work and rest hour breaches for truck drivers and transport operators across NSW
Received an NHVR infringement notice, under investigation for a fatigue breach, or facing court over work and rest hour allegations? You’re in the right place.
Fatigue offences are among the most heavily enforced offences under the Heavy Vehicle National Law. A fatigue breach can lead to significant fines, court proceedings and regulatory investigations, and for transport operators it can raise Chain of Responsibility questions about the whole business.
Eric will explain what you’ve been charged with, how the breach was worked out and what your options are.
Drivers of fatigue-regulated heavy vehicles must not work more than the maximum work hours, or rest less than the minimum rest hours, for their work and rest hours option. A fatigue offence generally involves:
The rules apply whether you work under standard hours, Basic Fatigue Management (BFM), Advanced Fatigue Management (AFM), Alternative Compliance Hours (ACH) or exemption hours.
Many fatigue breaches come from counting time wrongly. Under the NHVR’s rules, work time isn’t just driving. It includes any task relating to the use of the vehicle, such as:
Under standard hours, a solo truck driver must not work more than the maximum, and must rest at least the minimum, in any of these periods:
| In any period of | Maximum work time | Minimum rest time |
|---|---|---|
| 5½ hours | 5¼ hours | 15 continuous minutes |
| 8 hours | 7½ hours | 30 minutes |
| 11 hours | 10 hours | 60 minutes |
| 24 hours | 12 hours | 7 continuous hours of stationary rest |
Longer periods also apply, including night rest requirements. A night rest is 7 continuous hours of stationary rest taken between 10pm on one day and 8am the next. BFM, AFM and ACH each have their own limits.
Source: the NHVR’s National Driver Work Diary. The limits for buses and two-up drivers are different.
The NHVR treats fatigue breaches differently from many other traffic offences.
Unlike ordinary speeding or parking offences, fatigue offences are considered safety-critical because fatigue significantly increases the likelihood of:
The NHVR categorises work and rest breaches by risk: minor, substantial, severe and critical. Critical risk is used only for fatigue breaches. Where a breach falls depends on how far over the limit it was and which work and rest hours option applied.
The lowest category.
A minor breach usually occurs where work limits are exceeded or rest requirements are missed by a relatively small amount.
Even though it is called “minor”, it still remains an offence and can still attract significant penalties.
No demerit points.
A more serious breach involving greater departures from legal work and rest requirements.
No demerit points.
A severe risk breach occurs when fatigue requirements are exceeded to a level creating a substantial safety risk.
Severe risk breaches can attract:
3 demerit points.
The most serious fatigue category available under the HVNL. Fatigue is the only area of the HVNL with a “critical risk” category.
Critical risk breaches generally involve:
4 demerit points.
Demerit points from the NHVR’s schedule of penalties, 1 August 2026 to 30 June 2027.
The category decides the penalty you face, so checking how it was calculated is one of the first things Eric does.
This occurs when a driver works longer than permitted under:
Working longer than allowed in any 5½, 8, 11 or 24 hour period, or over longer periods, under your hours option.
The seriousness depends on how far the limit was exceeded.
Not taking the required rest breaks, or taking them in blocks that are too short.
Not taking the required 7 continuous hours of stationary rest between 10pm and 8am.
Driving while sleepy, tired, drowsy or exhausted, even if you’re within your hours.
Working outside the limits or conditions of your accreditation.
Not carrying a work diary, incomplete entries, or false or misleading entries.
Logbook OffencesOne of the biggest mistakes transport businesses make is assuming fatigue laws only apply to drivers. They don’t. Under Chain of Responsibility laws, the NHVR can investigate:
Every party in the Chain of Responsibility must take all reasonable steps to make sure a driver doesn’t drive while impaired by fatigue. It’s also an offence to make a request or contract that you know, or should reasonably know, would cause or encourage a driver to drive while fatigued.
For schedulers and employers, that means rosters, delivery times and contract terms can all be examined.
Not every allegation is proven. Depending on the facts, the issues Eric examines may include:
Whether you’ve received an infringement notice, a Court Attendance Notice or an NHVR investigation letter, the earlier you get advice, the more options you may have.
$2,250 in total fines.
$1,000 fine.
Case outcomes depend on the individual facts and circumstances of each matter. Past results do not guarantee or predict future outcomes.
See All Results for Truck Drivers →Practical guides from Eric Navea, written for transport businesses and drivers.
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It is a breach of the fatigue rules in the Heavy Vehicle National Law. Common examples are working more than the maximum work hours, resting less than the minimum rest hours for your work and rest hours option, or driving a heavy vehicle while impaired by fatigue.
A critical risk breach. The NHVR categorises breaches as minor, substantial, severe or critical, and the critical category is used only for fatigue breaches.
Work and rest breaches are graded by risk as minor, substantial, severe or critical. Where a breach falls depends on how far over the limit it was and which work and rest hours option applied. The category affects the penalty, so it is worth checking how it was calculated.
Yes. It is against the law to drive a heavy vehicle on a road while impaired by fatigue. The NHVR says the maximum work and minimum rest hours under each option are outer limits only, so staying within your hours does not mean you cannot be impaired by fatigue.
Work time is not just driving. It includes any task relating to the use of the vehicle, such as inspections, servicing or repairs, loading and unloading, attending to the load or passengers, cleaning or refuelling, and recording information in a work diary.
The options are standard hours, Basic Fatigue Management (BFM), Advanced Fatigue Management (AFM), Alternative Compliance Hours (ACH) under accreditation, and exemption hours under a permit or notice. Each has its own limits, so which option applied on the day matters.
Possibly. Every party in the Chain of Responsibility must take all reasonable steps to make sure a driver does not drive while impaired by fatigue. It is also an offence to make a request or contract that would cause or encourage a driver to drive while fatigued. Rosters, delivery times and contract terms can all be examined.
Not necessarily. The evidence needs to be examined carefully, including which hours option applied, how work and rest time were counted and whether the work diary and other records are accurate and complete. Get advice before you answer questions about your entries.
Usually, yes. An infringement notice lets you pay the penalty or elect to have the matter decided by a court, and you can also ask the NHVR to review it. More serious fatigue offences go straight to court. Get advice before you choose.
It depends on the charge and whether the matter goes to court. Once Eric has seen your fine, notice or court papers, he will explain the likely scope of work and costs before you commit.
If the NHVR has contacted you, issued an infringement notice, started an investigation or served you with court documents, getting advice early can make a real difference.
Your licence. Your livelihood. Your business. Send through what you’ve received and Eric will be in touch about next steps.
Call Eric 0401 937 269This page is general information only and does not replace legal advice about your specific matter. It was last reviewed in October 2026. The NHVR may update the law, penalties and policies from time to time, so check the NHVR's official publications at nhvr.gov.au.
