The following information is to assist drivers and operators in understanding the definition of ‘work’ and what needs to be recorded as ‘work time’ under Heavy Vehicle National Law (HVNL). Understanding ‘work’ and ‘work time’ will allow drivers to accurately complete their work and rest records.

Who does this apply to?

This information applies to:

• drivers and operators of fatigue-regulated heavy vehicles
• record keepers.

What are my legal obligations?

Under the HVNL, you must not drive a fatigue-regulated heavy vehicle while impaired by fatigue or otherwise unfit to drive.

Even if you comply with work and rest hour limits, you may still be fatigued - your legal duty is to drive only when fit to do so. Fatigue can accumulate from any activities you perform during your shift, not just driving.

While it’s important to understand what counts as ‘work’ in relation to a heavy vehicle and to accurately record your work and rest hours, the primary focus must always be on safety and ensuring you are genuinely fit to drive. 

More information can be found on:

• record keeping requirements 
• work and rest hour options
• Chain of Responsibility (CoR). 

What is considered ‘work’ and ‘work time’ under the HVNL?

'Work' in relation to a fatigue-regulated heavy vehicle includes:

• Driving the fatigue-regulated heavy vehicle; or
• Instructing or supervising someone else driving the fatigue-regulated heavy vehicle.
• Performing another task relating to the use of a fatigue-regulated heavy vehicle, including, for example:
  • inspecting, servicing, or repairing the heavy vehicle
  • loading or unloading the heavy vehicle
  • checking or handling the load
  • cleaning and refuelling the heavy vehicle
  • promoting or marketing its use, for example, orders for the transport of freight
  • helping or supervising someone to perform the above tasks
  • recording information required by law, for example, completing a work diary entry.
• Occupying the driver’s seat of a fatigue-regulated heavy vehicle while the engine is running.
  • Note for New South Wales drivers: In New South Wales, time spent occupying the driver's seat with the engine running may count as rest rather than work if the vehicle is stationary, the driver is free from work demands, and the period is at least 15 minutes. See section 248A of the New South Wales HVNL. 

‘Work time’ for a driver of a fatigue-regulated heavy vehicle is any time a driver spends undertaking work in relation to the vehicle for the purpose of recording work and rest hours.

What is not considered ‘work’ under the HVNL?

Any time spent on activities that do not meet the definition of work is classified as ‘rest’. 

This means that if you are not doing anything connected to the operation, loading, maintenance, inspection, paperwork, marketing or supervision related to a fatigue‑regulated heavy vehicle, that time is considered rest, not work. 

Example scenarios that involve fatigue-regulated heavy vehicles when the activity is not considered ‘work’ under the HVNL include:

• A drilling rig that is a fatigue-regulated heavy vehicle is stationary on location and is being operated to undertake well servicing activities.
  
  Time spent by the driver operating the drilling rig equipment fitted to the vehicle is not ‘work’. Time spent by the driver travelling to and from the well site, or loading and unloading, is ‘work’ and must be recorded as ‘work time'.


• A driver loads a drum roller onto the back of a tilt truck, which is a fatigue-regulated heavy vehicle. They then drive the truck about 300 km from the depot to a highway construction site. When they arrive, the driver unloads the roller, parks the truck, and spends six hours operating the roller to compact the bitumen. After finishing the rolling work, the driver reloads the roller onto the tilt truck and drives back to the depot.
  
  Time spent operating the roller does not count as ‘work time’ because the roller is not a fatigue-regulated heavy vehicle. However, the time spent driving the tilt truck, loading and unloading the roller, completing the work diary, and refuelling does count as ‘work time’ and must be recorded by the driver as 'work'.


• A truck that is a fatigue-regulated heavy vehicle that is equipped with an elevated work platform, is stationary at the worksite, and the elevated platform is in use.
  
  Once parked on site, and the elevated work platform is in use there is no connection between the use of the elevated work platform and activities defined as work, therefore this is not considered work time. Time spent travelling to and from the work location or loading and unloading is ‘work’ and must be recorded as ‘work time’.


• A person working at a depot, using a forklift to load pallets onto fatigue-regulated heavy vehicles, would not be required to record work and rest times if their only task is loading the fatigue-regulated heavy vehicles. 

However, if within the same day they drive a fatigue-regulated heavy vehicle, then any time spent conducting the loading task will need to be recorded as ‘work time’.

Any time spent on activities not included in the definition of 'work' should be recorded as ‘rest’ – drivers and operators should still consider all activities when managing their overall fatigue levels.