The short version
- Work and rest hours apply to fatigue-regulated heavy vehicles: generally over 12 tonnes, plus buses carrying more than 12 adults.
- From 1 August 2026, drivers of any heavy vehicle over 4.5 tonnes must not drive while fatigued or unfit to drive.
- Under standard hours, a solo driver can work a maximum of 12 hours and must have 7 continuous hours of stationary rest in any 24 hours.
- Work is not just driving. Loading, unloading and inspecting the truck also count.
- Fatigue breaches have 4 risk categories. A critical breach goes to court and carries 4 demerit points.
- Employers and schedulers can be charged too, under the chain of responsibility.
In this article
- Who Do the Fatigue Rules Apply To?
- New From 1 August 2026: The Unfit to Drive Duty
- Work and Rest Hours: Standard Hours for Solo Drivers
- What Counts as Work?
- Accredited Operators: BFM, AFM and Alternative Compliance Hours
- How Fatigue Breaches Are Categorised
- Fines and Demerit Points for Work and Rest Hours Breaches
- Driving While Fatigued or Unfit to Drive
- Work Diary Offences
- Employers and Schedulers Can Also Be Liable
- Common Ways Drivers Get Caught Out
- Why Early Advice Matters
- Frequently Asked Questions
- Speak With Eric Before You Respond
Fatigue is one of the biggest safety risks in the heavy vehicle industry. That is why the fatigue rules under the Heavy Vehicle National Law (HVNL) are strict, closely enforced and carry penalties that can include demerit points and court action.
This guide explains heavy vehicle fatigue offences in NSW: who the rules apply to, the work and rest limits, how breaches are categorised and what the penalties are.
Who Do the Fatigue Rules Apply To?
The work and rest hours rules apply to drivers of fatigue-regulated heavy vehicles. These are:
- a vehicle with a Gross Vehicle Mass (GVM) over 12 tonnes
- a combination where the total GVM or Gross Combination Mass (GCM) is over 12 tonnes
- a bus with a GVM over 4.5 tonnes fitted to carry more than 12 adults, including the driver.
New From 1 August 2026: The Unfit to Drive Duty
From 1 August 2026, the HVNL was amended. Drivers of any heavy vehicle over 4.5 tonnes must not drive while impaired by fatigue or while otherwise unfit to drive.
Previously, the fatigue duty only applied to fatigue-regulated heavy vehicles, generally those over 12 tonnes.
Being unfit to drive can include illness, injury, medication, mental health issues, drugs, alcohol or fatigue. The duty applies even if you are within your work and rest hours.
The change does not extend work diary requirements to vehicles between 4.5 and 12 tonnes.
Work and Rest Hours: Standard Hours for Solo Drivers
Standard hours apply to all drivers who do not hold accreditation for fatigue management. For a solo driver, the limits are:
In any 5½ hours
Maximum work: 5¼ hours
Minimum rest: 15 continuous minutes
In any 8 hours
Maximum work: 7½ hours
Minimum rest: 30 minutes, in blocks of at least 15 minutes
In any 11 hours
Maximum work: 10 hours
Minimum rest: 60 minutes, in blocks of at least 15 minutes
In any 24 hours
Maximum work: 12 hours
Minimum rest: 7 continuous hours of stationary rest
In any 7 days
Maximum work: 72 hours
Minimum rest: 24 continuous hours of stationary rest
In any 14 days
Maximum work: 144 hours
Minimum rest: 2 night rest breaks, plus 2 night rest breaks taken on consecutive days
Two-up drivers and bus drivers have their own tables of hours.
What Counts as Work?
Work is not just driving. It also includes other tasks relating to the use of the truck, such as loading and unloading, inspecting or servicing the vehicle, and sitting in the driver’s seat while the engine is running.
Many drivers get caught out because they only count their driving time.
Loading, unloading, inspecting the truck and sitting in the driver’s seat with the engine running all count as work.
Accredited Operators: BFM, AFM and Alternative Compliance Hours
Some operators can work under accredited hours that allow longer work periods, provided they manage fatigue risks.
From 1 August 2026, Basic Fatigue Management (BFM) and Advanced Fatigue Management (AFM) are being replaced by Alternative Compliance Hours (ACH) under the new Heavy Vehicle Accreditation scheme. Existing BFM and AFM accreditations remain valid until they expire, are cancelled or the operator transitions.
If you drive under an accreditation, you must follow its conditions and carry the required documents.
Received a notice for a fatigue offence?
Get advice before you respond. Fatigue cases often turn on how time was counted and what is in the work diary.
How Fatigue Breaches Are Categorised
Fatigue breaches are sorted into four risk categories:
- Minor risk
- Substantial risk
- Severe risk
- Critical risk
The critical risk category only exists for fatigue. It does not apply to mass, dimension or loading breaches.
The category depends on how far you went over your maximum work time, or how short you were on your minimum rest time, and over what period. The bigger the shortfall, the higher the category. The exact thresholds are set out in the Heavy Vehicle (Fatigue Management) National Regulation.
Fines and Demerit Points for Work and Rest Hours Breaches
These are the HVNL penalties for breaching standard hours (solo or two-up drivers) from 1 August 2026 to 30 June 2027.
Minor risk breach
Infringement fine: $423
Maximum court penalty: $4,230
Substantial risk breach
Infringement fine: $848
Maximum court penalty: $8,480
Severe risk breach
Infringement fine: $1,412
Maximum court penalty: $14,120
Demerit points: 3
Critical risk breach
Infringement fine: none – the matter must go to court
Maximum court penalty: $21,170
Demerit points: 4
Two critical breaches would add 8 points to your licence.
For a professional driver, demerit points matter as much as the fine.
Driving While Fatigued or Unfit to Drive
Driving a heavy vehicle while impaired by fatigue or while unfit to drive is a separate offence. It can apply even if your work diary shows you were within your hours.
Driving while fatigued or unfit to drive
Maximum court penalty: $28,230
Demerit points: 3
No on-the-spot fine. It must be dealt with by a court.
Work Diary Offences
Drivers of fatigue-regulated heavy vehicles often need to carry and fill in a work diary (logbook). Missing, incomplete or false entries are separate offences, and false or misleading entries carry some of the heaviest penalties in the fatigue rules.
Read more in our guide to logbook offences, or see how Eric defends logbook offences and fatigue offences.
Employers and Schedulers Can Also Be Liable
Fatigue is not just the driver’s responsibility. Under the chain of responsibility laws, everyone in the supply chain has a primary duty to ensure the safety of their transport activities, so far as reasonably practicable. This includes employers, operators, schedulers and loading managers.
It is also an offence to ask, direct or require a driver to do something that would breach the fatigue rules. The maximum penalty for prohibited requests and contracts is $28,230.
The maximum penalties for breaching the primary duty (1 August 2026 to 30 June 2027) are:
Category 1 offence
Individual: $436,850, 5 years imprisonment, or both
Corporation: $4,230,550
Category 2 offence
Individual: $212,090
Corporation: $2,120,880
Category 3 offence
Individual: $70,580
Corporation: $705,820
Unrealistic schedules, delivery deadlines and pay structures that reward long hours can all put a business at risk.
Common Ways Drivers Get Caught Out
- Counting only driving time and forgetting other work, such as loading and unloading
- Miscounting when a 24-hour period starts
- Taking rest breaks that are too short or not continuous
- Not taking a long enough stationary rest break
- Errors or gaps in the work diary
Why Early Advice Matters
Many NHVR matters are won or lost early, before they ever reach court. Fatigue cases often turn on detailed work diary records, how time was counted and what the driver said at the roadside.
It is also easy to give the NHVR more information than a notice legally requires. That information can later be used as evidence against you or your business.
Frequently Asked Questions
How many hours can a truck driver work in 24 hours in NSW?
Under standard hours, a solo driver can work a maximum of 12 hours in any 24-hour period and must have at least 7 continuous hours of stationary rest.
Do fatigue rules apply to trucks under 12 tonnes?
The work and rest hours rules apply to fatigue-regulated heavy vehicles, generally over 12 tonnes. However, from 1 August 2026, the duty not to drive while fatigued or unfit applies to all heavy vehicles over 4.5 tonnes.
What is a critical fatigue breach?
It is the most serious category of fatigue breach. It has no on-the-spot fine, must go to court and carries 4 demerit points.
Can my employer be fined if I breach my hours?
Yes. Employers, schedulers and others in the chain of responsibility can face separate charges if their business practices contributed to the breach.
Speak With Eric Before You Respond
Eric Navea is a former Senior Prosecutor at the NHVR. He understands how investigators assess fatigue and work diary breaches, when matters escalate and how prosecution cases are prepared.
As a heavy vehicle lawyer, Eric focuses on heavy vehicle and NHVR defence, acting for truck drivers and transport businesses across NSW. You’ll understand the allegations, your options and the recommended strategy before making important decisions.
Received an infringement notice, court attendance notice or NHVR notice for a fatigue offence? Speak with Eric before you respond.
Speak With Eric Before You RespondDisclaimer
This article is general information only and is not legal advice. Penalty amounts are from the NHVR schedule for 1 August 2026 to 30 June 2027 and are indexed each year. Case outcomes depend on the individual facts and circumstances of each matter.
Sources (accessed 22 October 2026)
- NHVR – Heavy Vehicle National Law changes from 1 August 2026
- NHVR – NHVR highlights fit for duty requirements (3 July 2026)
- NHVR – Fatigue management
- NHVR – Work and rest hours
- NHVR – Breach categorisation
- NHVR – HVNL Schedule of Infringement Penalties and Demerit Points, 1 August 2026 to 30 June 2027
- NHVR – Regulatory Advice: The Primary Duty
