Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_49:p1
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 49 (pt 1/3)
Character Range: 84006–87770

49  BFM hours—solo drivers
 (1) The table at the end of this section sets out the BFM hours for a solo driver of a regulated heavy vehicle.
Note: Sections 44, 45 and 52 explain the hours for solo drivers under standard hours and AFM accreditation.
 (2) In any period mentioned in column 1, the solo driver:
 (a) must not work for more than the work time mentioned in column 2; and
 (b) must have the rest of that period off work, with at least the rest time mentioned in column 3.

Penalty: the penalty for the category of offence mentioned in column 4.
Note: Section 106 explains how an offence is specified as a minor risk offence, a substantial risk offence, a severe risk offence or a critical risk offence. Section 110 sets out the penalties for each category of offence.
 (3) A party in the chain of responsibility for the regulated heavy vehicle must ensure the solo driver does not contravene subsection (2).

Penalty: the penalty for the category of offence mentioned in column 4.
Note: Section 106 explains how an offence is specified as a minor risk offence, a substantial risk offence, a severe risk offence or a critical risk offence. Section 110 sets out the penalties for each category of offence.
 (4) An offence against subsection (2) or (3) is an offence of absolute liability.
 (5) However, a party charged with an offence against subsection (2) or (3) has the benefit of the reasonable steps defence.
Note: Section 24 explains the reasonable steps defence.
 (6) In this section, a reference to a column by number is a reference to the column of that number in the following table:

BFM hours—Solo drivers of a regulated heavy vehicle

Column 1                                                                               Column 2                                                                 Column 3                                                               Column 4
Total period                                                                           Maximum work time                                                        Minimum rest time                                                      Offence category
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 ...  If in that period a driver has …  … the following category of offence is committed…
6¼ hrs                                                                                 6 hrs work time                                                          15 continuous mins stationary rest time                                > 6 hrs work time                 minor risk
9 hrs                                                                                  8½ hrs work time                                                         30 mins stationary rest time, in blocks of 15 continuous mins          > 8½ hrs work time                minor risk
12 hrs                                                                                 11 hrs work time                                                         60 mins stationary rest time, in blocks of 15 continuous mins           11¾ hrs work time               minor risk
> 11¾ hrs work time                                                                    substantial risk
24 hrs                                                                                 14 hrs work time                                                                                                                                 14¾ hrs work time               minor risk
> 14¾ but not > 15¼ hrs work time                                                      substantial