Split rest breaks

A split rest break is a period of continuous stationary rest taken in two blocks - i.e. taking 8 hours of stationary rest as 6 continuous hours at one time, then 2 hours of continuous rest at another time within a 24-hour period. Split rest breaks are only allowable in certain situations, as outlined below.

Split rest under BFM

Basic Fatigue Management (BFM) is a legacy accreditation under the Heavy Vehicle National Law (HVNL) that operators can remain using until it expires. Split rest breaks provide a defence in law for offence proceedings for heavy vehicle drivers operating under Basic Fatigue Management (BFM) – Solo.

The defence only applies if the driver had at least the required 7 continuous hours of rest in the previous 24-hour period and did not schedule the split rest.

In a proceeding for an offence relating to a solo driver failing to have the required 7 continuous hours of stationary rest time, it is a defence for the driver to prove that:

This section applies if, at a particular time, the driver of a fatigue-regulated heavy vehicle is required under section 254 to have 7 continuous hours of stationary rest time in a period of 24 hours.

In a proceeding for an offence against section 254 for a solo driver of a fatigue-regulated heavy vehicle relating to the driver failing to have the 7 continuous hours of stationary rest time, it is a defence for the driver to prove that—

  1. at the relevant time, the driver was operating under BFM hours as a solo driver of a fatigue-regulated heavy vehicle; and
  2. during  the 24-hour period in which the 7 continuous hours of stationary rest time was required, the driver had 6 continuous hours of stationary rest time and 2 continuous hours of stationary rest time (a split rest break); and
  3. the driver had not had a split rest break in the previous 24-hour period.

Example of when the defence applies

The driver of a fatigue-regulated heavy vehicle stops work to have 7 continuous hours of stationary rest time, but cannot sleep, so the driver has only 2 continuous hours of stationary rest time and then drives on for a further 2 hours, before having a further 6 continuous hours of stationary rest time at another place down the road. In the previous 24-hour period the driver had 7 continuous hours of stationary rest time.

Split rest under ACH

Operators accredited to operate under Alternative Compliance Hours (ACH) may apply for a condition on their accreditation certificate that permits the use of split rest breaks in certain circumstances. Not all ACH will have the condition, and without this condition split rest breaks cannot be taken.

If you hold ACH you should check the conditions of your Alternative Compliance Accreditation – Fatigue certificate to determine whether split rest provisions apply to you and if so what requirements must be met.

If you are unsure about the conditions of your accreditation, contact the NHVR for assistance.

Guidelines for taking a split rest break under BFM

Table 1: Guidelines for using a split rest break
1Split rest breaks cannot be scheduled or rostered under any circumstance.
2For BFM: Split rest breaks are for unplanned, irregular activity where a driver is unable to complete the required 7 hours continuous rest.
3For BFM: The split rest break is deemed to be taken as two periods of rest time within the 24-hour period when the 7 hours of continuous rest is due.
4For BFM: The rest periods must contain a minimum 6-hour continuous stationary rest part.
Note: The total combined continuous stationary rest must be a minimum of 8 hours.
5For BFM: The driver must not have utilised a split rest break in the previous 24 hours.
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