Document ID: chunk:federal_register_of_legislation:F2016C00697:schedule:1:p10
Version: federal_register_of_legislation:F2016C00697
Segment Type: schedule
Provision Reference: sch 1 (pt 10/19)
Character Range: 25121–27800

diary.".

26.  Qualification of defence for solo drivers relating to split rest breaks
  In section 50 –
 (a) omit "hat the driver took";
 (b) for paragraphs (a) and (b) substitute –
 "(a) that he or she was, at the relevant time, driving under BFM hours as a solo driver of a regulated heavy vehicle"; and
 (b) that he or she took a 6 hour continuous rest break and a 2 hour continuous rest break within the same 24 hour period (a split rest break); and
 (c) that he or she had not taken a split rest break in the previous 24 hour period.".

27.  AFM hours
  In section 52(1), for Note 2 substitute –
"Note 2: Section 84 deals with the granting of AFM accreditation.  Among other things, it requires that for the Authority to approve particular AFM hours, it must be satisfied that they appear to provide a safe balance between work, rest, risk management and fatigue countermeasures.".

28.  Insertion of section 52A
"52A  AFM outer limits
 (1) The following table sets out the AFM outer limits for a driver of a regulated heavy vehicle working under AFM hours.

AFM outer limits

Column 1              Column 2                                      Column 3

Total period          Maximum work time                             Minimum rest time
In any period of ...  ... a driver must not work for more than ...  ... and must have the rest of that period off work, with at least ...
24 hrs                16 hrs work time                              6 continuous hrs stationary rest time (or in the case of a two‑up driver, rest in an approved sleeper berth), or
                                                                    8 hrs stationary rest time (or in the case of a two‑up driver, rest in an approved sleeper berth) taken in no more than 2 blocks
14 days               154 hrs work time                             2 x 7 continuous hrs stationary rest time between 10 pm on a day and 8 am on the next day, using the time zone of the base of the driver
(336 hrs)
28 days               288 hrs work time                             4 x 24 continuous hrs stationary rest time
(672 hrs)

Note: In addition to providing the absolute limits for drivers under AFM hours that are enforced under this section, these AFM outer limits are also relevant to the work and rest hour limits that the Authority may approve in granting AFM accreditation – see section 84(5).
 (2) In any period listed in column 1 of the table in subsection (1), the driver:
 (a) must not work for more than the maximum work time specified in column 2 of the table in subsection (1) for that period; and
 (b) must have at least the minimum rest time specified in column 3 of the table in subsection