Fatigue Breaches: Work, Rest, Penalties Under HVNL Rules 2025

Fatigue breaches are violations of work-rest hours for heavy vehicle drivers as laid down by the Heavy Vehicle National Law (HVNL). These rules are very pivotal to the safety of the road and to the prevention of accidents caused by driver fatigue.

Negligence towards these rules and regulations can bring hefty fines and demerit points and seriously endanger public safety. Heavy vehicle drivers need to know the rules to avoid these severe repercussions.

The HVNL, with its changes and updates in 2025, emphasizes the need for comprehension of these rules.

This knowledge empowers heavy vehicle drivers to keep from being a recipient of harsh legal consequences, hence making the lives of the drivers and others safer on the road.

This article delves into the nuances of work and rest regulations, fatigue risk categories, and the implications of breaches for both solo and two-up drivers.

Fatigue Breaches and Contraventions of Standard Hours

Do you know how fatigue breaches? If drivers do not avoid driving while he is fatigued during any vehicle operations, then they have to pay the maximum penalty or infringement penalty up to $8000. Also, the demerit pints penalty will be 3 points.

In a nutshell, there are three work and rest options available:

• Standard Hours
• Basic Fatigue Management (BFM)
• Advanced Fatigue Management (AFM)

If you haven’t undertaken one of the units of competency mentioned above and gained fatigue management accreditation, you must only operate under the Standard hours fatigue breaches.

This also applies to drivers if the business they work for does not hold BFM or AFM accreditation. So, here’s some important points that every solo and two-up drivers needs to follow-up to save themselves from fatigue breaches and infringement.

Standard Hours for Solo Drivers

1. What if a Solo Driver Works More than the Standard Working Hours?

• Minor: if a solo driver works more than 5 ¼ hours in 5 ½ hours, or 7 ½ hours in 8 hours, 10 hours in 11 hours, or 12 hours and up to 12 ¾ hours in 24 hours, or 72 hours and up to 73 ½ hours in 7 days, or 144 hours and up to 145 ½ hours in 14 days – it is a minor fatigue risk breach.

• Substantial: if a solo driver works more than 10 ¾ hours in 11 hours, or 12 ¾ hours and up to 13 ¼ hours in 24 hours, or 73 ½ hours and up to 74 ½ hours in 7 days, or 145 ½ hours and up to 146 ½ hours in 14 days – it is a substantial fatigue risk breach.

• Severe: if a solo driver works more than 13 ¼ hours and up to 13 ½ hours in 24 hours, or 74 ½ hours and up to 75 hours in 7 days, or 146 ½ hours and up to 147 hours in 14 days – it is a severe fatigue risk breach.

• Critical: if a solo driver works more than 13 ½ hours in 24 hours, or 75 hours in 7 days, or 147 hours in 14 days – it is a critical fatigue risk breach.

2. What if a Solo Driver Continuously Rests Less than The Standard Hours?

• Minor: if a solo driver continuously rests less than 7 hours stationary rest in 24 hours, or 24 hours stationary rest in 7 days – it is a minor fatigue risk breach.

• Substantial: if a solo driver continuously rests less than 6 ¼ hours stationary rest in 24 hours, or 23 ¼ hours stationary rest in 7 days – it is a substantial fatigue risk breach.

• Severe: if a solo driver continuously rests less than 5 ¾ hours stationary rest in 24 hours, or 22 ¾ hours stationary rest in 7 days – it is a severe fatigue risk breach.

• Critical: if a solo driver continuously rests less than 5 ½ hours stationary rest in 24 hours, or 22 ½ hours stationary rest in 7 days – it is a critical fatigue risk breach.

3. What if a Solo Driver takes Night Rest Breaks with Less Than the Standard Hours?

• Minor: If a solo driver takes night rest breaks with less than 7 hours of stationary rest in 14 days – it is a minor fatigue risk breach.

• Substantial: If a solo driver takes night rest breaks with less than 6 ¼ hours of stationary rest in 14 days – it is a substantial fatigue risk breach.

• Severe: if a solo driver takes night rest breaks with less than 5 ¾ hours of stationary rest in 14 days – it is a severe fatigue risk breach.

• Critical: if a solo driver takes night rest breaks with less than 5 ½ hours of stationary rest in 14 days – it is a critical fatigue risk breach.

4. What if a Solo Driver takes Consecutive Night Rest Breaks with Less Than the Standard Hours?

• Minor: if a driver takes consecutive night rest breaks with less than 7 hours of stationary rest in 14 days – it is a minor fatigue risk breach.

• Substantial: if a driver takes consecutive night rest breaks with less than 6 ¼ hours of stationary rest in 14 days – it is a substantial fatigue risk breach.

• Severe: if a driver takes consecutive night rest breaks with less than 5 ¾ hours of stationary rest in 14 days – it is a severe fatigue risk breach.

• Critical: if a driver takes consecutive night rest breaks with less than 5 ½ hours of stationary rest in 14 days – it is a critical fatigue risk breach.

As Per HVNL Penalty and Infringement Laws for Driver Fatigue Breaches

Operating under Standard Hours – Solo Drivers

1. If there’s a minor fatigue risk breach, solo drivers have to pay $5,300 in maximum penalty and $530 in infringement penalty.
2. If there’s a substantial fatigue risk breach, solo drivers have to pay $8,000 in maximum penalty and $800 in infringement penalty.
3. If there’s a severe fatigue risk breach, solo drivers have to pay $13,310 in maximum penalty, $1,331 in infringement penalty and three demerit points penalty.
4. If there’s a critical fatigue risk breach, solo drivers have to pay $20,000 in maximum penalty and four demerit points penalty.

Standard Hours for Two-up Drivers

1. What if Two-Up Drivers Work More than the Standard Working Hours?

• Minor: if two-up drivers work more than 5 ¼ hours in 5 ½ hours, or 7 ½ hours in 8 hours, or 10 hours in 11 hours, or 12 hours and up to 12 ¾ hours in 24 hours, or 60 hours and up to 61 ½ hours in 7 days, or 120 hours and up to 121 ½ hours in 14 days – it is a minor fatigue risk breach.

• Substantial: if two-up drivers work more than 10 ¾ hours in 11 hours, or 12 ¾ hours and up to 13 ¼ hours in 24 hours, or 61 ½ hours and up to 62 ½ hours in 7 days, or 121 ½ hours and up to 122 ½ hours in 14 days – it is a substantial fatigue risk breach.

• Severe: if two-up drivers work more than 13 ¼ hours and up to 13 ½ hours in 24 hours, or 62 ½ hours and up to 63 hours in 7 days, or 122 ½ hours and up to 123 hours in 14 days – it is a severe fatigue risk breach.

• Critical: if two-up drivers work more than 13 ½ hours in 24 hours, or 63 hours in 7 days, or 123 hours in 14 days – it is a critical fatigue risk breach.

2. What if Two-Up Drivers Continuously Rest Less Than the Standard Hours?

• Minor: if two-up drivers continuously rest less than 5 hours stationary rest in 24 hours, or 10 hours stationary rest in 52 hours, or 24 hours stationary rest in 7 days – it is a minor fatigue risk breach.

• Substantial: if two-up drivers continuously rest less than 4 ¼ hours stationary rest in 24 hours, or 9 ¼ hours stationary rest in 52 hours, or 23 ¼ hours stationary rest in 7 days – it is a substantial fatigue risk breach.

• Severe: if two-up drivers continuously rest less than 3 ¾ hours stationary rest in 24 hours, or 8 ¾ hours stationary rest in 52 hours, or 22 ¾ hours stationary rest in 7 days – it is a severe fatigue risk breach.

• Critical: if two-up drivers continuously rest less than 3 ½ hours stationary rest in 24 hours, or 8 ½ hours stationary rest in 52 hours, or 22 ½ hours stationary rest in 7 days – it is a critical fatigue risk breach.

3. What if Two-Up Drivers Take Night Rest Breaks with Less Than the Standard Hours?

• Minor: if two-up drivers take night rest breaks with less than 7 hours of stationary rest in 14 days – it is a minor fatigue risk breach.

• Substantial: if two-up drivers take night rest breaks with less than 6 ¼ hours of stationary rest in 14 days – it is a substantial fatigue risk breach.

• Severe: if two-up drivers take night rest breaks with less than 5 ¾ hours of stationary rest in 14 days – it is a severe fatigue risk breach.

• Critical: if two-up drivers take night rest breaks with less than 5 ½ hours of stationary rest in 14 days – it is a critical fatigue risk breach.

4. What if Two-Up Drivers Take Consecutive Night Rest Breaks with Less Than the Standard Hours?

• Minor: if two-up drivers take consecutive night rest breaks with less than 7 hours of stationary rest in 14 days – it is a minor fatigue risk breach.

• Substantial: if two-up drivers take consecutive night rest breaks with less than 6 ¼ hours of stationary rest in 14 days – it is a substantial fatigue risk breach.

• Severe: if two-up drivers take consecutive night rest breaks with less than 5 ¾ hours of stationary rest in 14 days – it is a severe fatigue risk breach.

• Critical: if two-up drivers take consecutive night rest breaks with less than 5 ½ hours of stationary rest in 14 days – it is a critical fatigue risk breach.

Penalties for Two-Up Driver Fatigue Breaches

Operating under Standard Hours – Two-Up Drivers

1. Minor Fatigue Risk Breach: Two-up drivers are subject to a maximum penalty of $5,300 and an infringement penalty of $530.
2. Substantial Fatigue Risk Breach: Two-up drivers are subject to a maximum penalty of $8,000 and an infringement penalty of $800.
3. Severe Fatigue Risk Breach: Two-up drivers face a maximum penalty of $13,310, an infringement penalty of $1,331, and 3 demerit points.
4. Critical Fatigue Risk Breach: Two-up drivers face a maximum penalty of $20,000 and a four demerit points penalty.

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Understanding BFM Hours Fatigue Breaches and Contraventions

Managing drowsiness is critical for ensuring road safety, and fatigue breaches in BFM hours can have profound implications for drivers.

This guide explores the various categories of risk for solo and two-up drivers under the Heavy Vehicle National Law (HVNL).

Fatigue Breaches in BFM Hours

1. Exceeding the BFM Hours Limit

• Minor Breach: If a solo driver drives more than 6 hours in 6 ¼ hours, 8 ½ hours in 9 hours, 11 hours in 12 hours, or 14 hours to 14 ¾ hours in 24 hours, that would be considered a minor breach.
  
  It also includes working over 36 long/night hours in 7 days or 144 to 145 ½ hours in 14 days.

• Substantial Breach: If a driver works for over 11 three-quarter hours within 12 hours or over 14 three-quarter hours within a 15-quarter-hour time over a 24-hour space, we deem it as a substantial breach.
  
  Additionally, working over 36 ¾ long/night hours in 7 days or 145 ½ to 146 ½ hours in 14 days falls under this category.

• Severe Breach: If a solo driver works over 15 ¼ to 15 ½ hours in 24 hours, it is a severe breach. It includes working over 37 ¼ long/night hours in 7 days or 146 ½ to 147 hours in 14 days.

• Critical Breach: If a solo driver works over 15 ½ hours in 24 hours, 37 ½ long/night hours in 7 days, or 147 hours in 14 days, it constitutes a critical breach.

2. Insufficient Rest Leads to Driver Fatigue Breaches

• Minor Breach: If a solo driver takes less than 7 hours of stationary rest in 24 hours, it is a minor breach. It also applies to taking less than 24 hours of stationary rest after no more than 84 hours of work in 14 days.

• Substantial Breach: If a solo driver takes less than 6 ¼ hours of stationary rest in 24 hours or less than 23 ¼ hours of stationary rest in 14 days, it is a substantial breach.

• Severe Breach: If a solo driver takes less than 5 ¾ hours of stationary rest in 24 hours or less than 22 ¾ hours of stationary rest in 14 days, it is a severe breach.

• Critical Breach: If a solo driver takes less than 5 ½ hours of stationary rest in 24 hours or less than 22 ½ hours of stationary rest in 14 days, it is a critical breach.

3. Night Rest Breaks Result in Driver Fatigue Breaches

• Minor Breach: If a solo driver takes night rest breaks with less than 7 hours of stationary rest in 14 days, authorities classify it as a minor breach.

• Substantial Breach: If a solo driver takes night rest breaks with less than 6 ¼ hours of stationary rest in 14 days, it is a considerable breach.

• Severe Breach: If a solo driver takes night rest breaks with less than 5 ¾ hours of stationary rest in 14 days, it is a severe breach.

• Critical Breach: If a solo driver takes night rest breaks with less than 5 ½ hours of stationary rest in 14 days, it is a critical breach.

Penalties and Infringement Violation in BFM Hours

• Minor Breach: Drivers may face a maximum penalty of $5,300 and an infringement penalty of $530.

• Substantial Breach: Drivers may face a maximum penalty of $8,000 and an infringement penalty of $800.

• Severe Breach: Drivers may face a maximum penalty of $13,310, an infringement penalty of $1,331, and 3 demerit points.

• Critical Breach: Drivers may face a maximum penalty of $20,000 and 4 demerit points.

Fatigue Breaches in BFM Hours for Two-Up Drivers

1. What Happens after the BFM Hours Limit Exceeds?

• Minor Breach: If a two-up driver works more than 14 to 14 ¾ hours in 24 hours, authorities classify it as a minor breach. It also includes working over 70 to 71 ½ hours in 7 days or 140 to 141 ½ hours in 14 days.

• Substantial Breach: If two-up drivers work over 14 ¾ to 15 ¼ hours in 24 hours, it is a considerable breach. Additionally, working over 71 ½ to 72 ½ hours in 7 days or 141 ½ to 142 ½ hours in 14 days falls under this category.

• Severe Breach: If two-up drivers work over 15 ¼ to 15 ½ hours in 24 hours, it is a severe breach. It includes working over 72 ½ to 73 hours in 7 days or 142 ½ to 143 hours in 14 days.

• Critical Breach: If two-up drivers work over 15 ½ hours in 24 hours, 73 hours in 7 days, or 143 hours in 14 days, it constitutes a critical breach.

2. How Insufficient Rest Steers Driver Fatigue Breach?

• Minor Breach: If two-up drivers take less than 10 hours of stationary rest in 82 hours or less than 24 hours of stationary rest in 7 days, it is a minor breach.

• Substantial Breach: If two-up drivers take less than 9 ¼ hours of stationary rest in 82 hours or less than 23 ¼ hours of stationary rest in 7 days, it is a substantial breach.

• Severe Breach: If two-up drivers take less than 8 ¾ hours of stationary rest in 82 hours or less than 22 ¾ hours of stationary rest in 7 days, it is a severe breach.

• Critical Breach: If two-up drivers take less than 8 ½ hours of stationary rest in 82 hours or less than 22 ½ hours of stationary rest in 7 days, it is a critical breach.

What is Maximum Fines for Two-Up Drivers in BFM Hours?

1. Minor Breach: Drivers may face a maximum penalty of $5,300 and an infringement penalty of $530.
2. Substantial Breach: Drivers may face a maximum penalty of $8,000 and an infringement penalty of $800.
3. Severe Breach: Drivers may face a maximum penalty of $13,310, an infringement penalty of $1,331, and 3 demerit points.
4. Critical Breach: Drivers may face a maximum penalty of $20,000 and 4 demerit points.

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Risk Classification of Contraventions in AFM Hours

Thresholds for Escalated Risk Contraventions in AFM Hours

An elevated limit violation takes place when AFM hours go above a certain defined threshold. In addition, exceeding set threshold values for AFM hours indicates increased safety risks involved.

Within Any 24-Hour Period

• A driver is not allowed to work for more than 15 ½ hours of total work time within any 24 hours.

• Within 24 consecutive hours, a driver must receive at least 7 hours of uninterrupted period without motion. For the two-up driving arrangement, such a period might also include either seven continuous hours not spent moving or sleeping in an approved sleeper berth in a moving vehicle.

In Any 14-Day Period (336 Hours)

• A driver must not exceed 154 hours of total work time within any 14 days.

• A driver is required to take a stationary rest of 30 hours in every 14 days. The conditions of this rest are that it will include two consecutive nights during which there are two timeframes from midnight to 6:00 relative to the time zone of the base.

In 28-Day Period (672 Hours)

• A driver must not exceed 288 hours of total work time within any 28 days.

Contraventions for Escalated Risk in AFM Hours

In Any Period of Less Than 7 Days

If a driver works beyond the maximum allowable work time or rests less than the minimum required rest time:

• A substantial breach occurs when the driver exceeds the maximum work time by up to 15 minutes.
• A severe breach occurs when the driver exceeds the maximum work time by 15 to 30 minutes.
• A critical breach occurs when the driver exceeds the maximum work time by more than 30 minutes.

In Any Period of More Than 7 Days

If a driver exceeds the maximum work time:

• A substantial breach occurs when the driver exceeds the maximum work time by up to 30 minutes.
• A severe breach occurs when the driver exceeds the maximum work time by 30 minutes to 1 hour.
• A critical breach occurs when the driver exceeds the maximum work time by more than 1 hour.

Penalties and Infringement (As per HVNL Laws for Driver Fatigue Breaches)

• For a substantial breach, the driver is liable to pay a maximum penalty of $8,000 and an infringement penalty of $800.

• For a severe breach, the driver faces a maximum penalty of $13,310 and 3 demerit points on their record.

• For a critical breach, the driver is subject to a maximum penalty of $20,000 and 4 demerit points.

Other Contraventions in AFM Hours

Any Period of Less Than 7 Days

If a driver fails to meet the required rest time:

• A minor breach occurs when the driver misses the required rest time by up to 45 minutes.
• A substantial breach occurs when the driver misses the needed rest time by 45 to 75 minutes.
• A severe breach occurs when the driver misses the required rest time by 75 to 90 minutes.
• A critical breach occurs when the driver misses the time of necessary rest by more than 90 minutes.

Any Period of More Than 7 Days

If a driver exceeds the maximum allowable work time:

• A minor breach occurs when the driver exceeds the work time by up to 1 ½ hours.
• A substantial breach occurs when the driver exceeds the work time by 1 ½ to 2 ½ hours.
• A severe breach occurs when the driver exceeds the work time by 2 ½ to 3 hours.
• A critical breach occurs when the driver exceeds the work time by more than 3 hours.

Penalties and Infringement (As per HVNL Laws for Driver Fatigue Breaches)

• For a minor breach, the driver faces a maximum penalty of $5,300 and an infringement penalty of $530.
• For a substantial breach, the driver is liable to pay a maximum penalty of $8,000 and an infringement penalty of $800.
• For a severe breach, the driver faces a maximum penalty of $13,310 and 3 demerit points.
• For a critical breach, the driver is subject to a maximum penalty of $20,000 and 4 demerit points.

Exemption Hours in AFM

Any Period of Less Than 7 Days

In the event that a driver does not meet a minimum rest time requirement:

• A minor breach occurs when the driver is short of the required rest time by up to 45 minutes.
• A substantial breach occurs when the driver is short of the necessary rest time by 45 to 75 minutes.
• A severe breach occurs when the driver is short of the essential rest time by 75 to 90 minutes.
• A critical breach occurs when the driver is short of the necessary rest time by more than 90 minutes.

Any Period of More Than 7 Days

If a driver exceeds the maximum work time allowance:

• A minor breach occurs when the driver exceeds the maximum work time by up to 1 ½ hours.
• A substantial breach occurs when the driver exceeds the maximum work time by 1 ½ to 2 ½ hours.
• A severe breach occurs when the driver exceeds the maximum work time by 2 ½ to 3 hours.
• A critical breach occurs when the driver exceeds the maximum work time by more than 3 hours.

Penalties (As per HVNL Laws for Exemption Hours)

• For a minor breach, the driver faces a maximum penalty of $5,300 and an infringement penalty of $530.
• For a substantial breach, the driver is liable to pay a maximum penalty of $8,000 and an infringement penalty of $800.
• For a severe breach, the driver faces a maximum penalty of $13,310 and 3 demerit points.
• For a critical breach, the driver is subject to a maximum penalty of $20,000 and 4 demerit points.

The new HVNL fatigue management framework provides greater road safety and health for heavy vehicle operators. It is a must that drivers and operators understand these regulations to avert penalties, ensure compliance, and put public safety first.

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