Split rest breaks (BFM)

A split rest break is a period of continuous stationary rest taken in two blocks.

The Heavy Vehicle National Law (HVNL) s255 states that split rest breaks are a defence in law for offence proceedings under HVNL s254 for heavy vehicle drivers operating under Basic Fatigue Management (BFM) – Solo.

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

What are split rest breaks?

A split rest break is a period of continuous stationary rest taken in two blocks - i.e. taking 6 continuous hours of rest at one time, then 2 hours of continuous rest at another time within a 24-hour period (instead of the standard 7 hours of continuous rest).

It is an offence to take less than 7 continuous hours of rest in a 24-hour period for (BFM) – Solo drivers.

Split rest breaks are for unplanned, irregular activity where a driver is unable to complete the required 7 hours of continuous rest.

Page 34 of the National Driver Work Diary also answers the split rest query.

What does the HVNL say about split rest breaks?

HVNL s255: Defence for solo drivers operating under BFM hours relating to split rest breaks

  1. 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.
  2. 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 time the driver was required to have the 7 continuous hours of stationary rest time, the driver was operating under BFM hours as a solo driver of a fatigue-regulated heavy vehicle; and
    2. during the period of 24 hours for which the 7 continuous hours of stationary rest time was required to be had, 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 and has 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.

Fatigue penalties for breaches

If a driver is found to be in breach of the BFM rest requirement, the potential maximum penalties under HVNL s254 are:

  • Minor risk breach—$4000
  • Substantial risk breach—$6000
  • Severe risk breach—$10,000
  • Critical risk breach—$15,000.

It may be categorised as per Schedule 2, Table 1 of the Heavy Vehicle (Fatigue Management) National Regulations.

A driver may elect to contest an Infringement Notice and have the case heard by a Magistrate, where they can explain the circumstances.

Guidelines for taking a split rest break

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