FAQs

The National Heavy Vehicle Regulator (NHVR) is responsible for issuing fatigue management exemptions and has strict approval criteria for exemption applications. The exemptions include:

• work and rest hours exemptions
• work diary/literacy exemptions
• record keeping exemptions

See the Fatigue management exemptions page for more information.

In some circumstances the record keeping requirements for record keepers and operators can be extremely difficult to comply with or can result in multiple record keeping systems being kept for different legislative obligations. In these cases, you can apply for a Fatigue Record Keeping Exemption (Permit) from the National Heavy Vehicle Regulator (NHVR).

See the Fatigue management exemptions page for more information.

You can apply for a Work and Rest Hours Exemption (Permit) from the National Heavy Vehicle Regulator.

To apply, an applicant has to:

• describe the work and rest hours they want
• describe the countermeasures and systems in place that make the hours safe
• explain why it is not possible to work under accreditation.

See the Work and rest hours exemptions page for more information.

The HVNL, s 265 and s 356 provide exemptions from work, rest and record-keeping work provisions to allow drivers acting for an emergency service to perform time-critical duties in emergency situations. The NHVR has also published the National Heavy Vehicle Emergency Services Work Diary and Record Keeping Exemption Notice 2026 (No.3).

Note: Sections 265 and 356 of the HVNL differ in some states or territories. Always check the HVNL as it applies in your state before using the HVNL exemption.

Outside of emergency situations, drivers of fatigue-regulated heavy vehicles must continue to comply with all fatigue management requirements in the HVNL.

All work performed in relation to a fatigue-regulated heavy vehicle, is subject to the Heavy Vehicle National Law (HVNL) in this area, even if some of that work (for example, refuelling or unloading the vehicle) is performed on private property.

If work which would otherwise be subject to the HVNL is mostly or entirely performed on private property, an application may be made to the National Heavy Vehicle Regulator (NHVR) for an exemption from its operation.

Drivers performing work within 100km of their driver base (whether on a private or public road), are not required to carry or complete a work diary for that work. However, the driver’s record-keeper still has obligations in relation to recording the work. Again, if the work is being performed mostly or entirely on private roads, an application may be made to the NHVR for an exemption from its operation.

WA fatigue management regulations require that there can be no more than 17 hours between breaks of at least 7 continuous hours of non-work time; also a Commercial Vehicle Driver must have 27 hours of non-work time in any 72 hour period. It is possible to work for 17 hours on two consecutive days but no more than 11 hours the next day.

There must be at least two periods of 24 continuous hours of non-work time in any 14 day period and a maximum of 168 working hours in any 14 day period. Working hours include driving hours and work incidental to driving, so time on a header operating other equipment (agricultural equipment, earthmoving equipment or a forklift) counts as working time therefore is included as part of the 17 hours.

All operators entering WA must be ensure their drivers meet the requirements of the WA Commercial Vehicle Driver Regulations in order to operate under the WA fatigue system. This includes completing the Worksafe WA online assessment. All operators of RAV combinations must be a member WAHVA (in addition to WA Commercial Vehicle Driver Regulations requirements) to use the WA fatigue system.

The Northern Territory does not regulate driving hours under transport law. The NT has adopted an outcome-based approach to managing driver fatigue. Under the NT Workplace Health and Safety Act, employers have an obligation to provide a safe workplace, which does not endanger workers or others. However operators complying with national regulations by adopting one of the National Heavy Driver Fatigue options (Standard, Basic and Advance), will ensure they are meeting their OH&S obligations in NT.

Drivers of heavy vehicles can only operate under one set of work and rest hours at a time; however, drivers can switch from one set of work and rest hours to another.

When switching between fatigue schedules, you need to either comply with the new schedule’s maximum work and minimum rest requirements or have taken a reset rest break of at least 48 continuous hours. The specifics depend on the nature of the new work and rest hours option you are changing to.

For more information, see Work and rest requirements.

The use of abbreviations may be considered acceptable if it is capable of being understood by a reasonable person and not designed to confuse or be misleading.

A decision to infringe, breach or otherwise penalise for an abbreviation will be made by an authorised officer based on the evidence available to them.

Bus drivers can operate under either Standard Hours OR Standard Bus and Coach Hours and can swap between them if they are fully compliant with the option they are changing into.

A spelling mistake made by a driver in completing a work diary may be considered acceptable if it is capable of being understood by a reasonable person and is not deliberate or designed to be misleading.

A decision to infringe, breach or otherwise penalise for a spelling mistake will be made by an authorised officer based on the evidence available to them.

If you are completing a work diary and travel to WA or the NT for less than 7 days, you must continue to complete your work diary in accordance with the Heavy Vehicle National Law (HVNL).

If your travel will last for more than 7 days, you only have to complete your work diary from the last major relevant rest break before you leave WA or the NT.

All hours of work and rest must be counted when you return from WA and NT, even if you don't have to keep your work diary.

The National Driver Work Diary contains instructions, advice on fatigue laws and examples to help you complete it.

For more information see the Work diaries page.

The National Driver Work Diary can be purchased for $31 from numerous locations around Australia.

See Locations to purchase.

If you have literacy problems or are have been diagnosed with a print media disability you can apply for a Work Diary Exemption (Permit).

When you apply you must:

• send us a statement from a qualified person (e.g., a doctor or psychologist) about your literacy problem
• tell us how you will record your work and rest without using the national driver work diary
• nominate a person who agrees to take your records and use them to fill in your work diary at the end of the trip.

If you are issued a Work Diary Exemption (Permit) you must abide by the conditions on the permit. Generally, these conditions will be:

• you must carry the permit when you are working
• you must make alternative record of your work and rest using the method described in your application
• you must give your alternative records to your nominee at the end of the trip and have them record your work and rest in your national driver work diary for you.

If your work diary is lost, stolen or destroyed, you must notify the NHVR within 2 business days if you can’t purchase a replacement work diary. To do so:

• Go to the contact us section of the NHVR website.
• Select the Supplementary work diary option enquiry type.
• Complete the details in all of the boxes (mandatory).
• Press 'Submit'.

When you notify the NHVR that you can’t purchase a replacement work diary, we will send you an acknowledgement email. You must carry this email with you when you work. A supplementary record must be treated the same way as your work diary. You must keep a copy of all supplementary records with you in the vehicle for 28 days and give a copy to your record keeper within 21 days.

Until you purchase a new work diary, you can use a Supplementary work diary record (PDF 274KB) as a temporary record and carry it with you like a work diary.

You can only use this supplementary record for up to 7 business days. By the end of this period, you must be using a work diary (even if this means you must stop working). 

See the Work Diary page for more information.

The Heavy Vehicle National Law (HVNL) clearly defines work as including any time spent driving a fatigue-regulated heavy vehicle, regardless of whether that vehicle is towing trailers or not. The law does not provide the NHVR with powers to overrule this definition.

The NHVR has asked the National Transport Commission (NTC) to consider this issue further as part of the legislative forward work program.

The National Driver Work Diary is a written document that contains a record of the driver's work/rest history as required under the relevant legislation. Drivers must complete daily sheets in their work diary according to the work diary instructions.

Drivers must carry their work diary, and produce it when requested by an authorised officer.

An approach to national adoption of EWDs is being developed by the National Heavy Vehicle Regulator (NHVR) and the National Transport Commission (NTC) for consideration by transport ministers at the Transport and Infrastructure Council.

See the Electronic Work Diaries page for more information.

The National Driver Work Diary can be purchased for $31 from numerous locations throughout Australia.

See Locations to purchase for further information.