What you need to know as a Driver

Recording work and rest requirements

Drivers of a fatigue-regulated heavy vehicle are required to ensure their work and rest hours are compliant with the Heavy Vehicle National Law (HVNL).

Drivers of a fatigue-regulated heavy vehicle, who operate under standard hours and drive 100km or more from their base, are required by law to record the time spent working and resting in a National Driver Work Diary.

The work diary is used as evidence that a driver’s work and rest hours are compliant with the HVNL requirements and that their fatigue is being managed.

Under certain circumstances, fatigue-regulated heavy vehicle drivers transporting primary produce are exempt from recording work and rest hours in a work diary.

What is the exemption for?

The National Primary Production Work Diary and Fatigue Record Keeping Exemption Notice 2024 (No.1) allows drivers of fatigue-regulated heavy vehicles who operate under standard hours to work within 160km of their base without having to carry and complete a work diary when transporting primary produce. Figure 1 shows the recording method and work diary requirements based on distance from the driver’s base under this Notice.

Who does it apply to?

The exemption applies to:

• drivers of fatigue-regulated heavy vehicles who are transporting primary produce
• drivers in a two-up arrangement who are transporting primary produce.

When can you use this exemption?

You can only use it when all journeys on a given day fall into one or more of these categories:

• driving unloaded to primary production facilities
• driving between primary production facilities
• driving between primary production facility and a point of distribution, sale or processing
• driving back empty/unloading after transporting primary produce.

Remember: Drivers must not drive while impaired by fatigue and must continue to comply with work and rest requirements. For more information, see Heavy vehicle fatigue management - primary producers.

What is considered primary produce?

Primary produce means:

• foodstuff intended for human consumption, including:
• grain, fruit, fungi and vegetables; and
• live animals grown or bred for food; and
• apiary products; and
• eggs, including fish roe; and
• dairy products
• feed intended for animal consumption
• feathers and hides for the production of goods
• derivatives from animals or plants used for use in medicines or cosmetics
• fibrous by-products of plants and animals used for the production of textiles.

What is considered a primary production facility?

Primary production facility means:

• a place of production or accumulation of primary produce, including:
• a farm, such as a crop or a dairy farm; and
• a feedlot or paddock; and
• a silo or picking shed; and
• an apiary.

Remember: The exemption does not apply if any non-qualifying journeys occur on the same day.

What do you need to do under this Notice?

• comply with maximum work and minimum rest requirements
• keep your own records for all journeys within 160km. You can use the NHVR Local Area Record Template
• provide details of work and rest times to your record keeper within 21 days after the relevant day
• only take direct return journeys. If the return journey is indirect (e.g. making multiple stops on the way back), the exemption does not apply
• if you work outside the 160km radius, you must record relevant information in a work diary and must also carry it with you for the next 28 days
• all journeys on a given day must qualify for the exemption. If you do any other type of driving on that day, the exemption does not apply, and you must record relevant information in a work diary.

Use the 'Checklist – National Primary Production Work Diary and Fatigue Record Keeping Exemption Notice 2024 (No. 1)' to confirm whether you meet the requirements to operate under this Notice.

Checklist – National Primary Production Work Diary and Fatigue Record Keeping Exemption Notice 2024 (No. 1)
Transporting primary produce
The journey is: driving unloaded to primary production facilities  OR between primary production facilities OR from a primary production facility to a point of sale, distribution or processing OR direct return journey even if unloaded with primary produce
The journey is within 160km from the base
All journeys on the day are qualified as transporting primary produce or direct returns
Keeping own records of all trips
Providing details of work and rest times to record keeper
Operating under standard hours
You may only use this exemption if you have checked all of the above boxes

Remember: Drivers are still required to keep their own records of all journeys while operating under this Notice.

What you need to know as a record keeper

Record-keeping obligations

Under this Notice exempt drivers do not need to carry and record information in a work diary, however, record keepers of fatigue-regulated heavy vehicle drivers are required to keep drivers records.

What records do I need to keep for the driver?

As a record keeper, you must keep the following records for the work carried out under this exemption for 3 years:

• 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
• 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
• the location of the driver’s base, including base changes and dates of the location changes
• a copy of payment records relating to the driver, including timesheet records of the driver I paid for time at work.

For more information on what records need to be kept, see Record keeping requirements.

Frequently asked questions

Do the fatigue management rules still apply when not using a National Driver Work Diary?

Although exempt drivers do not need to carry and record information in an official work diary, all other requirements of fatigue regulations still apply. Drivers must not drive while impaired by fatigue and must continue to comply with work and rest requirements.

Record keepers must continue to record driver details, including work and rest times.

The NHVR has a Heavy vehicle fatigue management - primary producers fact sheet which outlines which activities are deemed ‘rest’ and which are classed as ‘work’.

I am exempt from keeping a National Driver Work Diary under this Notice, what other records do I need to keep?

Drivers who are exempt from carrying and completing a National Driver Work Diary under this Notice must still record, and provide details of their work and rest times to their record keeper.

Is there an easy-to-use document I can use to keep records?

Yes. The NHVR has developed a Local Area Record Template.

What’s the difference between a National Driver Work Diary and my own local area driving record?

The National Driver Work Diary is the approved form for drivers to make work and rest declarations. All required recordings must be completed on the document. If the National Driver Work Diary is not completed correctly or in full, it may be considered a breach of the law.

To be eligible for the exemption, do I have to be a primary producer?

No. The exemption applies to all drivers undertaking a journey transporting primary produce as defined in the exemption notice.

Do I have to be driving a vehicle with primary producer registration?

No.

Do drivers have to carry a copy of the exemption?

No. Drivers working under the exemption do not have to carry a copy of the exemption Notice.

Does the work diary exemption apply to BFM or AFM?

No.

Does the work diary exemption apply if my base is in the Northern Territory or Western Australia?

Yes. Drivers based in the Northern Territory or Western Australia who perform classes of work covered by this exemption in a participating jurisdiction are exempt from having to keep and record information in their work diary.

What records do I need to keep if only part of my journey is exempt?

If you undertake a journey which is only partially covered by the National Primary Production Work Diary Exemption, you are required to keep a National Driver Work Diary entry for that entire day.

What happens if I work outside the 160km radius?

Drivers carrying out primary production work outside their 160km radius must record relevant information in a National Driver Work Diary or supplementary records for the entire day. This applies even if drivers have stopped work and had a major rest break during the day.

If I do more than 160km work in 28 days, do I need to continue recording in my National Driver Work Diary or carry it with me?

There are two separate requirements in the law. The first relates to when a driver has to carry a National Driver Work Diary. The second relates to when a driver has to make entries in (keep) their work diary. While the two are linked, they operate independently of each other and it’s possible for a driver to be required to carry a work diary without having to keep it.

A driver who has worked 160+km work in the last 28 days is required to carry their National Driver Work Diary with them when they work. They may not need to make records in the work diary if they are able to operate under an exemption (statutory or primary producer).

Does the work diary exemption apply to two-up driving?

Yes. Drivers carrying out primary production work who are operating in a two-up arrangement are exempted from having to keep and record information in the National Driver Work Diary provided they remain within their 160km radius.

Does this exemption apply to transport related to agricultural shows?

No.

I drive fruit and vegetables to supermarket chains. Does this exemption apply?

No. The National Primary Production Work Diary and Fatigue Record Keeping Exemption does not apply to primary production transport activities after the produce is delivered to the first wholesale or processing point (e.g. a distribution centre).

Does the work diary exemption cover me if I carry fertiliser on my return journey?

Only if your return journey is direct to your base, so it’s unlikely grain and fertiliser logistics would allow for this circumstance. If you deliver grain to a silo, then travel to a fertiliser depot, load fertiliser and make the return journey to your base, this is no longer deemed a ‘direct’ return trip and as you are not carrying primary produce, you are no longer covered by the Notice.

Does the return journey need to be unloaded?

No. For the direct return journey a driver can carry any load. However, if the return journey is indirect (e.g. making two or three stops on the way home) the exemption does not apply.

Am I covered for the trip from my depot?

Yes. If you are undertaking a class of work as defined in the exemption notice, the trip from a driver’s base is included.

Does the work diary exemption apply to non-primary production transport?

No. The notice applies to transportation of primary produce on the outbound journey and direct return journeys only. Other transport tasks are not covered.

What support is available for drivers with literacy issues?

Drivers who have problems with English literacy can contact the NHVR to apply for an individual Fatigue management exemption by a permit.