The National Heavy Vehicle Regulator (NHVR) has recently fixed and reissued the National Heavy Vehicle Concrete Agitator Work and Rest Hours Exemption Notice and has included Alternative Work and Rest Hours that match the allowable hours under Standard and BFM closing the loophole that was allowing drivers to have a rest early in the day and then not rest again until they finished their shift.

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Derogations in the Heavy Vehicle National Law 

Since the inception of the Heavy Vehicle National Law (HVNL) there have been exemptions from or relaxation of the law (derogations) made by various States.

Two well known examples are sections 248A and 248B in NSW which are related to “what is work time”.

Section 248A allows NSW drivers to rest in the driver’s seat with the engine running and 248B allows for “permitted personal use”. 

The NHVR has at various times published exemption notices aimed at giving drivers in other states the same benefits that NSW drivers have under 248A and 248B.

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Concrete Agitator Work and Rest Hours Exemption 

National Heavy Vehicle Concrete Agitator Work and Rest Hours Exemption Notice is another example of such derogations. It allows drivers to record a “short work break” under certain circumstances

Short work break means a period of at least 15 minutes during which:

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a)      the vehicle is stationary; and

b)      the driver of the vehicle occupies the driver’s seat while the engine is running; and

c)       the driver of the vehicle does no work within the meaning of the Heavy Vehicle National   Law, other than remaining in the driver’s seat while the engine is running. 

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Under the original - National Heavy Vehicle Concrete Agitator Work and Rest Hours Exemption Notice (No. 1) the drivers had a different set of driving hours meaning that, in effect, they did not have to follow the Standard or Basic Fatigue Management (BFM) for their short work breaks.

This meant that even in NSW there was an advantage to operating under the exemption and recording short work breaks instead of rest.

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Notes:

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Remember there are certain conditions that must be met for drivers to use the short work breaks and there are different record keeping obligations as well.

National Heavy Vehicle Concrete Agitator Work and Rest Hours Exemption Notice 2023 (No.2) 

Short work breaks for agitator drivers – Information sheet

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