Fatigue management exemptions

Fatigue management exemptions (permits and notices) allow operators and drivers to use alternative methods to manage their work and rest hours, work diaries and record-keeping obligations.

If you cannot reasonably work under legislated fatigue management requirements, an exemption provides a helpful way to comply with the objectives of the Heavy Vehicle National Law (HVNL) and maintain your road safety standards in a way that meets your needs.

To be eligible for a fatigue management exemption, you must meet our strict approval criteria and provide all requested supporting information in your application.

On this page

• Fatigue management exemption by a permit
  • Fatigue record-keeping exemption
  • Work and rest hours exemption
  • Work diary exemption
  • Submitting an application
  • Amend an exemption
  • Cancelling or replacing an exemption
  • Expiring exemption
  • Reviewing a decision
• Fatigue management exemption by a notice
  • National notices
  • State notices

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Fatigue management exemption by a permit

Managing driver fatigue is crucial for compliance with the HVNL and ensuring road safety. Managing fatigue work and rest hours, work diaries and record-keeping can be challenging for some heavy vehicle operators, who may apply for exemptions under specific conditions.
 
To apply for these exemptions, applicants must follow designated procedures, complete the necessary forms, and submit all required information to the NHVR via email or post. Exemption permits can be amended or cancelled as needed, and lost permits require a statutory declaration for replacement.

Fatigue record-keeping exemption

Fatigue record keeping is essential for managing driver fatigue, meeting Chain of Responsibility (CoR) requirements, and monitoring drivers’ activities. For some fatigue-regulated heavy vehicle operators, the HVNL record-keeping requirements can be very difficult to comply with and maintain. In such cases, operators can apply for a fatigue record-keeping exemption permit. 

Read the 'How to apply for a fatigue record-keeping exemption permit' and follow the steps to apply for an exemption.

Work and rest hours exemption

The HVNL sets out maximum work time limits and minimum rest time limits to prevent drivers from becoming impaired by fatigue or breaching road transport fatigue laws. Some fatigue-regulated heavy vehicle operators may have operational demands that reach beyond HVNL limits. In such cases, a work and rest hours exemption (permit) can be granted to allow greater flexibility.

To meet the detailed eligibility requirements of this permit, applicants must demonstrate that Advanced Fatigue Management (AFM) or Basic Fatigue Management (BFM) limits don’t suit their operational needs and complete a robust application process. 

Read the 'How to apply for a work and rest hours exemption permit' and follow the steps to apply for an exemption.

Work diary exemption

The National Driver Work Diary (also known as a log book) is used by drivers as evidence that their work and rest hours are compliant with the HVNL and that their fatigue is being managed. However, some drivers may have a reading, writing or numeracy impairment that makes using a work diary very difficult. In these cases, the drivers (or an operator acting on their behalf) may apply for a work diary exemption permit.

This exemption allows the driver or operator to suggest an alternative way to record work and rest details which can be transcribed into a work diary by a nominated person (scribe).

Read the 'How to apply for a work diary exemption permit' and follow the steps to apply for an exemption.

Submitting an application

Completed forms can be submitted via:

Email: Fatigue.Management@nhvr.gov.au
Post:
Fatigue management
National Heavy Vehicle Regulator
PO Box 492
Fortitude Valley QLD 4006

Amend an exemption

Fatigue record-keeping exemption

If you want to change your fatigue record-keeping exemption (Permit) you can change your:

• personal details,
• your alternative record-keeping arrangements; and
• your drivers’ list.

Complete the Amend work diary or record keeping exemption permit (PDF, 271KB)

Work and rest hours exemption

If you want to amend your alternative fatigue management practices in your work and rest hours exemption (Permit), the process is essentially the same as for a new application.

Complete the Amend work and rest hour exemption permit (PDF, 167KB)

Work diary exemption

If you want to change your work diary exemption (Permit), you can change your:

• personal details,
• alternative record-keeping practices
• or your nominated person for your exemption

Complete the Amend work diary or record keeping exemption permit (PDF, 271KB)

Please ensure that all of the requested information and attachments are supplied. You do not have to get a new report from a qualified person to make these changes.

Cancelling or replacing an exemption

If you have lost your fatigue exemption permit or it has been destroyed by accident, you must include a statutory declaration confirming that the fatigue exemption permit has been lost, stolen or defaced and a new exemption is required.

Penalties apply if you fail to notify the NHVR as soon as possible that your exemption has been defaced, lost or stolen. If defaced, lost or stolen, you can no longer use your alternative arrangements and must comply with the obligations set out in the HVNL.

Complete the Replace fatigue management exemption permit (PDF, 174KB)

If your circumstances change and you no longer need or would like to cancel a fatigue exemption permit, ensure your current exemption is attached before you submit your cancellation request and complete the below form.

Complete the Cancel fatigue management exemption permit (PDF, 174KB)

Expiring exemption

Fatigue exemption permits expire after three (3) years or earlier if nominated.

To continue using your alternative arrangements, you must apply for a new one (exemption permit) before the expiry date.

Reviewing a decision

Where a fatigue management exemption or work diary exemption permit application is refused, a company or person affected by the decision (a dissatisfied person) may seek an internal review of the NHVR decision.

For more information see Reviews and Appeals.

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Fatigue management exemption by a notice

A notice exempts a class of drivers, drivers carrying out a class of work, or record keepers of these drivers from having to comply with particular HVNL requirements for fatigue-regulated heavy vehicles.

The NHVR grants notices for:

• Fatigue record-keeping exemption
• Work and rest hours exemption
• Work diary exemption

To discuss your industry needs, please email the Fatigue management team at Fatigue.Management@nhvr.gov.au.

National notices

Title and description	Gazette reference	Application
National Heavy Vehicle Emergency Services Work Diary and Record Keeping Exemption Notice 2023 (No.2) Grants exemptions from work diary and record keeper requirements for drivers of vehicles operating for, or under the direction of, an emergency service. Please note the following supporting document has been developed as an example of a driver’s log that can be used whilst operating under this Notice: Heavy Vehicle Emergency Service Management Log (PDF, 225KB)	C2023G00112	ACT, NSW, QLD, SA, TAS, VIC
National Heavy Vehicle Concrete Agitator Work and Rest Hours Exemption Notice 2023 (No 2) Provides alternative short rest break requirements for drivers of fatigue-regulated heavy vehicles carrying pre-mixed concrete. Please note the following supporting document for this Notice: Short work breaks for agitator drivers (PDF, 212KB)	C2023G00113	ACT, NSW, QLD, SA, TAS, VIC
National Heavy Vehicle Work and Rest Hours Exemption (Personal Use – Standard Hours) Notice 2024 (No.1) Exempts 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 under Standard Hours. Please note the following supporting document for this Notice: Heavy Vehicle Advisory Publication - Personal use of fatigue-regulated heavy vehicles (PDF, 412KB)	C2024G00090	ACT, NSW, QLD, SA, TAS, VIC
National Heavy Vehicle Work and Rest Hours Exemption (Personal Use - BFM and AFM) Notice 2022 (No.1) Provides drivers under Basic Fatigue Management (BFM) and Advanced Fatigue Management (AFM) with up to one hour of additional work time in a 24 continuous hour stationary rest break to use a fatigue-regulated heavy vehicle for permitted personal activities. Please note the following supporting document for this Notice: Heavy Vehicle Advisory Publication - Personal use of fatigue-regulated heavy vehicles BFM and AFM (PDF, 232KB)	C2022G01070	ACT, NSW, QLD, SA, TAS, VIC
National Livestock Welfare Work and Rest Exemption Notice 2023 (No. 1) Exempts drivers of fatigue-regulated heavy vehicles carrying livestock from specified work time requirements if additional time is needed to respond to situations where the welfare of the livestock is or was at risk. Please note the following supporting document for this Notice: National Livestock Welfare Work and Rest Exemption Notice - Information sheet (PDF, 180KB)	C2023G00173	ACT, NSW, QLD, SA, TAS, VIC
National Primary Production Work Diary and Fatigue Record Keeping Exemption Notice 2024 (No.1) Exempts drivers who carry out primary production work within a 160km radius of their base from having to carry and complete a National Driver Work Diary. Please note the following supporting information for this Notice: National primary production work diary and fatigue record-keeping exemption - Information sheet Heavy vehicle fatigue management - primary producers Primary producers	C2024G00578	ACT, NSW, QLD, SA, TAS, VIC

State notices

• New South Wales
• Queensland
• South Australia
• Victoria

New South Wales

Queensland

South Australia

Victoria