Heavy Vehicle National Law

National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2025 (No.1)

1.      Purpose

1.      To exempt specified categories of permitted personal activity from the definition of work, with the intention that those activities are not counted as work time for a driver. This Notice operates in conjunction with the Guideline for the National Personal Use Work and Rest Hours Exemption published by the NHVR.

1.      This Notice combines and replaces the following exemption notices:

National Heavy Vehicle Work and Rest Hours Exemption (Personal use – Standard Hours) Notice 2024 (No.1) C2024G00090; and

National Heavy Vehicle Work and Rest Hours Exemption (Personal use – BFM and AFM Hours) Notice 2022 (No.1) C2022G01070

1.      Authorising Provision

This notice is made under sections 266 and 357 of the Heavy Vehicle National Law.

1.      Commencement

This notice commences on 1 November 2025.

1.      Expiry

This notice expires on 31 October 2028.

1.      Title

This notice may be cited as the National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2025 (No.1).

1.      Definitions

1.      Unless otherwise stated, words and expressions used in this Notice have the same meanings as those defined in the Heavy Vehicle National Law (HVNL).

1.      In this notice-

Guideline for the National Personal Use Work and Rest Hours Exemption (the Guideline) means the document of that name published by the National Heavy Vehicle Regulator, as amended from time to time.

Maximum work time requirements refer to the relevant table of hours associated with the relevant fatigue rule as defined in the Heavy Vehicle (Fatigue Management) National Regulation. See section 9 for further information.

Permitted Personal Activity means any work involving a fatigue-regulated heavy vehicle (FRHV) that is done for private, non-commercial reasons, and as specified the Guideline for the National Personal Use Work and Rest Hours Exemption.

Relevant BFM or AFM fatigue management system means a fatigue management system pursuant to Chapter 8 of the HVNL that applies to the driver of a fatigue-regulated heavy vehicle operating under this Notice.

Relevant Vehicle means the fatigue-regulated heavy vehicle that a driver is using for a Permitted Personal Activity.

1.      Application – Class of Driver

This Notice only applies to a solo driver of a fatigue-regulated heavy vehicle pursuant to the Heavy Vehicle (Fatigue Management) National Regulation (FM Regulation).

1.      Exemption – Maximum Work Time

1.      The driver of a fatigue regulated heavy vehicle operating under this Notice is exempted from counting time spent conducting Permitted Personal Activity toward maximum work time requirements under a relevant fatigue rule option as stated in the Heavy Vehicle (Fatigue Management) National Regulation (FM Regulation).

1.      This exemption is limited by the conditions in sections 10 to 14 of this document.

Note: This section specifically exempts drivers from the maximum work hours allowed under the FM Regulation. The required rest break requirement is not exempted.

1.      Exemption – Work diary requirements

When recording Permitted Personal Work Time, the driver of a fatigue-regulated heavy vehicle operating under this Notice is exempt from s301 (b) of the HVNL.

1. Conditions – Permitted personal activity under standard hours for solo drivers

1.      This section applies to a driver operating under standard hours for solo drivers pursuant to the following provisions of the FM Regulation:

1.      Part 2 Division 1 section 5; and
2.      Schedule 1.

1.      For the purposes of conducting Permitted Personal Activity a driver may drive, or perform any other task relating to a fatigue-regulated heavy vehicle, for up to one extra hour in a 24-hour total period under (Column 1) of Table 1 in Schedule 1 of the Regulation.

1.      The extra hour allowed in (2) does not count as work toward Maximum Work Time under Column 2 of Table 1 in Schedule 1 of the Regulation.

1.      The extra time provided in (2) must be taken in a single continuous period.

1.      Permitted Personal Activity cannot be conducted in:
   1.      the first hour of any 24-hour rest break; or
   2.      the last 3 hours of any 24-hour rest break.

1. Conditions – Permitted personal activity under BFM and AFM

1.      This section applies to a driver operating under basic fatigue management (BFM) or advanced fatigue management (BFM) for solo drivers pursuant to the following provisions of the FM Regulation:

1.      For BFM:
   1.       Part 2 Division 2 section 9; and
   2.       Schedule 2.

1.      for AFM
   1.       Part 2 Division 3 section 11; and
   2.       the relevant accredited AFM fatigue management system.

1.      The driver of a fatigue regulated heavy vehicle operating under this Notice may conduct Permitted Personal Activity for up to one hour in 24 continuous hours of stationary rest specified in:

1.      In the case of BFM, under Table 1 in Schedule 2 of the FM Regulation; or
2.      In the case of AFM, the work hours specified in the certificate of accreditation issued by the NHVR for an accredited AFM fatigue management system.

1.      The hour allowed in (2) does not count as work toward Maximum Work Time under Column 2 of Table 1 in Schedule 2 of the FM Regulation or the maximum work approved under AFM accreditation.

1.      The time allowed in (2) must be taken during a period of 24 continuous hours of stationary rest.

1.      Permitted Personal Activity cannot be conducted in:

1.      the first hour of any 24-hour rest break; or
2.      the last 3 hours of any 24-hour rest break.

1. Conditions – Consecutive 24-hour restriction

The extra one hour of Permitted Personal Activity allowed above may not be used in consecutive 24-hour periods.

1. Conditions – Recording Permitted Personal Activity

1.      If the work time allowed for Permitted Personal Activity is used on a given calendar day, the driver must record in the Comments Section of their current work diary for that day when that work took place.

1.      A record made under this section must include the following information:

1.      The words “Personal Use” to indicate that the record is being made as a condition of operation under this exemption; and
2.      The location of the Permitted Personal Activity; and
3.      The start and end time of the Permitted Personal Activity; and
4.      The odometer reading at the end of the Permitted Personal Activity.

1. Conditions - Limits on application of Permitted Personal Activity

1.      Driving a relevant vehicle for the extra hour allowed for Permitted Personal Activity can only be undertaken if the vehicle is not:

1.      carrying a load; or
2.      towing another vehicle.

Paul Daly

Director, Strategic Policy

National Heavy Vehicle Regulator