This page explains the requirements of fatigue obligations under the Heavy Vehicle National Law (HVNL) for fatigue-regulated buses. It is designed to assist the bus industry in understanding and complying with these requirements.

What is a fatigue-regulated bus?

Under the HVNL, a fatigue-regulated bus is defined as a heavy motor vehicle that:

• is built or fitted to carry more than 12 adults (including the driver) AND
• weighs more than 4.5t.

Please note: In Victoria only, a light bus is also considered a fatigue-regulated bus for the purposes of applying the fatigue obligations in Chapter 6 of the HVNL. A light bus is defined as a motor vehicle which (together with any trailer attached to it) seats more than 12 adults (including the driver) and has a GVM of 4.5t or less.

What is 'work' in relation to a fatigue-regulated bus?

Work in relation to a fatigue-regulated bus includes:

• drive a fatigue-regulated bus
• instruct another person to drive, or supervise another person driving, a fatigue-regulated bus
• perform another task relating to the use of a fatigue-regulated bus, including, for example:
  • load things onto, or unload things from, the fatigue-regulated bus
  • inspect, service or repair the fatigue-regulated bus
  • attend to passengers on the fatigue-regulated bus
  • clean or refuel the fatigue-regulated bus.
  • perform marketing tasks in relation to the use of the fatigue-regulated bus, for example arranging for the transport of passengers or canvassing for orders for the transport of passengers
  • help another person to perform, or supervise another person performing, a task mentioned above
  • record information or complete a document as required under the HVNL or a corresponding fatigue law or otherwise, in relation to the use of the fatigue-regulated bus
• occupy the driver’s seat of a fatigue-regulated bus while its engine is running.

Fatigue requirements under the HVNL

A driver has a duty to not drive a fatigue-regulated bus on a road while impaired by fatigue. That general duty applies regardless of other fatigue requirements. In addition to this general duty, drivers must also comply with the following.

Work and Rest requirements

Drivers must comply with specified work and rest limits under one of the following options:

• Standard hours - Solo drivers. Solo drivers of fatigue-regulated buses may operate under either, but not both, of the following:
  • Standard hours for solo drivers.
  • Standard hours for solo drivers of fatigue-regulated buses.
• Standard hours - Two-up drivers
• Basic Fatigue Management (BFM) hours
• Advanced Fatigue Management (AFM) hours
• Exemption hours

Record keeping requirements

Drivers of a fatigue-regulated bus are required under the HVNL to keep a record of work and rest hours. The record keeper of a fatigue-regulated bus driver is also subject to additional record keeping requirements.

Work diary

A work diary may be in the form of a:

• Written Work Diary (known as the National Driver Work Diary) or
• Electronic Work Diary (EWD).

Work diary requirements apply when the driver of a fatigue-regulated bus:

1. is undertaking 100+km work under standard hours
2. was undertaking 100+km work under standard hours in the last 28 days
3. is working under BFM hours, AFM or Exemption hours
4. was working under BFM hours, AFM hours or Exemption hours in the last 28 days.

Where the work diary requirements apply, the driver of a fatigue-regulated bus must:

• keep a work diary
• ensure the driver’s work diary records the required information for each day in the previous 28 days
• ensure the driver’s work diary is in the driver’s possession while the driver is driving the vehicle.
• provide the records to their record keeper no later than 21 days from the day of driving a fatigue-regulated bus
• if the driver changes record keepers within the last 28 days, provide the information to all their record keepers. This includes any entry made in a supplementary record.

Where the work diary requirements apply, the driver’s record keeper must:

• record
  • the driver’s name and contact details
  • the driver’s current driver licence number and the jurisdiction in which the licence was issued
  • the driver’s rosters and trip schedules, including details of driver changeovers
• keep a copy of all duplicate pages, if any, and other copies of work diary entries, including any entry made in a supplementary record
• keep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work
• record the information required to be kept by the record keeper as a condition of the BFM accreditation or AFM accreditation under which the driver is operating if available
• record the information required to be kept by the record keeper under the BFM standards and business rules or AFM standards and business rules if available.

Local area records

Local area record keeping obligations apply when a driver is undertaking only 100km work under standard hours.

Please note: 100km work is where the driver is driving in an area with a radius of 100km or less from the driver’s base. A Distance Calculator by NTI can be used to determine the 100km radius.

Where local area record keeping requirements apply, the driver of a fatigue-regulated bus must:

• record work and rest information within 24 hours after the driver stops working on a day
• if the driver is not the record keeper, give the information to the record keeper within 21 days, and the record keeper must record the information as soon as possible after receiving the information.

Where local area record keeping requirements apply, the driver’s record keeper must record the following information:

• driver’s name and contact details
• driver’s current driver licence number and the jurisdiction in which the licence was issued
• dates on which the driver drives a fatigue-regulated heavy vehicle on a road
• registration number for each fatigue-regulated heavy vehicle the driver drives (in the case of a vehicle in a combination, the registration of the towing vehicle only is required)
• total of the driver’s work times and rest times on each day on which the driver drives a fatigue-regulated heavy vehicle
• total of the driver’s work times and rest times for each week during which the driver drives a fatigue-regulated heavy vehicle
• driver’s rosters and trip schedules, including details of driver changeovers
• location of the driver’s base
• if the location of the driver’s base changes, the date on which the location changes.
• keep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work.

State-based exemptions from fatigue requirements

New South Wales

Exemption for accredited service operators and their drivers

NSW accredited service operators and their bus drivers are exempt from the following requirements when applying for AFM or BFM accreditation through the National Heavy Vehicle Regulator (NHVR):

• declaring details of past convictions of the operator or its associates (including employed bus drivers).
• declaring past accreditation amendments, suspensions or cancellations of the operator or its associates (including employed bus drivers).
• providing specific health assessments of bus drivers required for AFM and BFM accreditation.
• carrying AFM and BFM accreditation documentation when operating within 100km from the driver’s base or while driving a regular bus service under a passenger service contract with TfNSW.

The exemption only applies to an accredited service operator, which means the bus operator must be accredited under the NSW bus operator accreditation scheme for a public passenger service in NSW.

Exemption for certain buses and private hire vehicles

Drivers of fatigue-regulated buses are exempt from Chapter 6 fatigue requirements (other than the requirement not to drive while impaired by fatigued). Fatigue-regulated bus drivers are only exempted if they do not provide a public passenger service.

Fatigue-regulated bus drivers are not exempted if they provide a public passenger service, which means the carriage of passengers for a fare or other consideration.

Counting periods of less than 15 minutes

Fatigue-regulated bus drivers who are on a journey in NSW undertaken under a passenger service contract with TfNSW are:

• exempted from recording work and rest time in 15-minute intervals.
• allowed to count work and rest periods of less than 15 minutes to the exact minute.

Occupying driver’s seat to count as rest time in certain circumstances

Fatigue-regulated bus drivers can count a period of time spent in the driver's seat while the engine is running as rest time, when:

• the vehicle is not moving during that period.
• the driver is not subject to work demands during that period (e.g., loading, unloading, or any other operational tasks)
• the period is at least 15 minutes, or it forms part of a period of rest time of at least 15 minutes.

Work diary exemption

The New South Wales Work Diary Exemption Notice 2023 (No.1) exempts drivers of fatigue-regulated heavy vehicles carrying out specified classes of work in New South Wales from the requirement to keep and record information in a work diary under specific conditions.

Fatigue-regulated bus drivers are exempted when carrying out the following work:

• providing an accredited bus service to replace a disrupted railway passenger service
• providing a contracted bus service under the Passenger Transport Act 2014 (NSW) or the Passenger Transport Act 1990 (NSW).

Record keepers of the bus driver must still comply with record keeping requirements for the exempted drivers as if the driver were undertaking only 100km work under standard hours when operating under the exemption.

Victoria

Rail replacement buses and buses responding to an emergency exemption

Drivers of fatigue-regulated buses and their record keepers are exempt from Chapter 6 fatigue requirements under the HVNL (other than the requirement not to drive while impaired by fatigued) if the driver:

• drives a rail replacement bus service and is responding to a rail disruption (rail disruption means the unplanned disruption of a rail service that is sufficiently serious to require the provision of a rail replacement bus service)
• drives a bus service to respond to an emergency (emergency means an event, or an anticipated event, that endangers, or may endanger life, property or the environment; or has disrupted, or may disrupt, communications, energy, water supply or sewerage services; or is declared to be an emergency or disaster).

Fatigue Management

Under the HVNL, the driver of a fatigue-regulated bus has a duty to ensure they do not operate a fatigue-regulated bus while impaired by fatigue (s228). Chain of Responsibility (CoR) provisions also apply. This means that not only the driver but also employers, operators, schedulers, and others in the supply chain must take reasonable steps to ensure that driver’s fatigue is properly managed.

Tips for fatigue-regulated bus drivers

• Ensure you are fit for work.
• Take breaks when you feel drowsy.
• Use a co-driver if possible.
• Communicate with your operator if you are feeling fatigued.
• Understand your legal obligations.

Tips for bus operators

• Develop fatigue management policies and educate drivers and other workers about recognising fatigue signs.
• Provide training on signs of fatigue.
• Conduct regular health checks on drivers.
• Use scheduling systems that allow for adequate rest periods.
• Regularly review and audit compliance with work/rest hour rules.
• Regular runs should be scheduled with sufficient rest time between shifts.
• After long excursions, adjust the scheduling system to accommodate the fatigue levels of the driver.