Heavy vehicles

What is a heavy vehicle?

​A heavy vehicle is any vehicle weighing more than 4.5 tonnes or any vehicle with a trailer if the overall weight of the vehicle and trailer (including its load) is more than 4.5 tonnes.

What is the National Heavy Vehicle Regulator?

The National Heavy Vehicle Regulator (NHVR) is the regulator for all heavy vehicles in Australia. It administers the Heavy Vehicle National Law (NSW) (HVNL), which is the law that applies to all heavy vehicles.

Are there different risk categories for breaches of the Heavy Vehicle Natio​nal Law?

Yes. Breaches of the Heavy Vehicle National Law (NSW)(HVNL) are categorised as:

• minor
• substantial
  
• severe, or
• critical.
  

The penalty a person may get will depend on the risk category of the alleged offence.

What is the National Heavy Vehicle Accreditation Scheme?

The National Heavy Vehicle Accreditation Scheme (NHVAS) allows drivers and operators of heavy vehicles to work with some flexibility regarding the HVNL. You can get accreditation under the following schemes:

• Mass Management
• Maintenance Management
• Fatigue Management - Basic Fatigue Management 
  
• Fatigue Management - Advanced Fatigue Management.
  

To apply for an accreditation you must meet certain criteria, fill out a form and pay a fee. The fee varies depending on the accreditation you are applying for.

For more information, see National Heavy Vehicle Accreditation Scheme on the National Heavy Vehicle Regulator website.

I have received a Notice to Produce. What does that mean?

A Notice to Produce is a legal document issued by Transport for NSW (TfNSW).

The notice requires you to produce the requested information or documents so TfNSW can investigate an alleged offence.

It is an offence not to comply with a Notice to Produce. If you have received a Notice to Produce, you should get legal advice.

Who can register a heavy vehicle?

A heavy vehicle can be registered in the name of one person (if the person is over 18 years old) or an organisation that is incorporated, such as company or incorporated association.

The person or organisation named on the Certificate of Registration is legally responsible for the vehicle.

Does my trailer have to be registered?​

Yes. If the trailer is on a road for any purpose it must be registered with Transport for NSW or a fine can be issued.

Is the speed limit diffe​rent for heavy vehicles?

Yes. Heavy vehicles must not travel more than 100 km per hour. In NSW certain heavy vehicles must be fitted with a speed limiter. A speed limiter is an electronic device which can limit the speed of a vehicle.

You can contact the National Heavy Vehicle Regulator to check if your heavy vehicle should be fitted with a speed limiter. 

For more information, see Speed limits for heavy vehicles on the NSW Government website.​ 

What is a fatigue regulated heavy vehicle?

A fatigue-regulated heavy vehicle is a:

• vehicle or combination with a gross vehicle mass (GVM) of more than 12 tonnes
• bus of more than 4.5 tonnes fitted to carry more than 12 adults, including the driver.

A fatigue-regulated heavy vehicle is not a:

• vehicle built or modified to operate as machinery or equipment off-road which is not capable of carrying goods or passenger by road
• motorhome.
  

Do I have to comply with fatigue laws?

If you drive a fatigue regulated heavy vehicle you must comply with the laws regarding fatigue management. A fatigue regulated heavy vehicle is any:

• motor vehicle or a motor vehicle and trailer combination with a Gross Vehicle Mass (GVM) of more than 12 tonnes
• bus with a GVM of more than 4.5 tonnes that seats more than 12 adults (including the driver)
  
• truck or a combination including a truck, with a GVM of more than 12 tonnes with a machine or implement attached.
  

For more information, see Fatigue management on the National Heavy Vehicle Regulator website.

What are the work and rest hour requirements?

Your work and rest hour requirements will depend on whether you are working standard hours, Basic Fatigue Management (BFM) hours or Advanced Fatigue Management (AFM) hours and whether you are driving by yourself or sharing the driving with another driver. 

You can only work BFM hours or AFM hours if you are accredited under the National Heavy Vehicle Accreditation Scheme.

For more information about standard hours, see Standard hours on the National Heavy Vehicle Regulator (NHVR) website.

For more information about BFM hours, see Basic Fatigue Management (BFM) on the NHVR website.

For more information about AFM hours, see Advanced Fatigue Management (AFM) on the NHVR website.

What is the maximum work time in a 24 hour period?

Unless you are accredited under the National Heavy Vehicle Accreditation Scheme (NHVAS), you cannot work for more than 12 hours at a time. This means that you cannot work more than 12 hours within a 24 hour period.

If you work for a continuous period of 12 hours, there are other requirements, for example, you must take a continuous break of seven hours. If you are sleeping in a stationary heavy vehicle, the sleeper berth must be approved.

The rules are different for two-up drivers. Two-up drivers share the driving. They must each take a continuous break of five hours. If they are sleeping in a heavy vehicle, the sleeper berth must be approved. The heavy vehicle can be either stationary or moving when the breaks are taken.

A 24 hour period starts from the time you begin driving, for example, if you begin driving at 6am, the 24 hour period will end at 6am the next day.

For more information about standard work and rest times, see Standard hours on the National Heavy Vehicle Regulator (NHVR) website.

I can't work the standard work and rest hours. What can I do?

If you need more flexible work and rest hours you can apply for accreditation under the National Heavy Vehicle Accreditation Scheme (NHVAS). 

Under the NHVAS there are two options:

• Basic Fatigue Management (BFM) which allows drivers to work up to 14 hour shifts
  
• Advanced Fatigue Management (AFM) which allows even more flexibility than BFM. 
  

For more information about the NHVAS, see Work and rest requirements on the National Heavy Vehicle Regulator (NHVR) website. 

If you can't work under the NHVAS, you can apply for a Work and Rest Hours Exemption (Permit). You will need to outline:

• what work and rest hours you want
  
• a safety case describing the systems you have in place to make your work hours safe
  
• why you cannot work under the BFM or AFM hours.

For more information about applying for a Work and Rest Hours Exemption (Permit), see Fatigue management exemptions on the NHVR website.

What is the maximum penalty for breaching the fatigue laws?

You can be fined different amounts for different breaches.

The amount of the fine also depends on whether you received a fine notice or you went to court.

The maximum court penalty for breaching the fatigue laws depends on the risk category of the breach. The level of breach is worked out by the number of minutes (measured in 15 minute intervals) by which the person has exceeded their maximum work time.

The maximum penalty (as at 1 July 2024) that a Court can impose for a solo driver working more than the maximum work time, or less than the minimum rest time, when operating under the standard hours for:

• ​minor risk breach is $5,300
  
• substantial risk breach is $8,000
  
• severe risk breach is $13,310 and 3 demerit points
  
• critical risk breach is $20,000 and 4 demerit points.
  

The maximum fine you can receive through a fine notice is 10% of the maximum court imposed penalty. If you choose to take the fine to court, you can be fined the maximum court imposed penalty. 

If you have received a fine or been charged with a fatigue related offence, you should get legal advice. 

What is the National Driver Work Diary?

The National Driver Work Diary is a written record of a heavy vehicle driver's work and rest times. The diary has daily timesheets which drivers must fill out.

When do I have to complete a work diary?

If you are a driver of a fatigue regulated heavy vehicle and you are travelling more than 100km from your base, you must carry a National Driver Work Diary (work diary) unless you have been granted a work diary exemption. 

Drivers working within 100km of their base must still meet their maximum work and minimum rest requirements for their work and rest hour options. 

For more information, see Work diary on the National Heavy Vehicle Regulator website.

You must be able to produce your driving records for the last 28 days.

Where can I get a work diary from?

You can get a National Driver Work Diary (work diary) from a Service NSW service centre for $30.00 (as at 1 July 2024).

For more information about the service centres, see Find a Service NSW location on the Service NSW website. 

I am having trouble filling in my work diary. Can anyone help me?

If you are having trouble filling in your work diary, for example, because you have difficulty reading and writing, you or an operator acting on your behalf can apply to the National Heavy Vehicle Regulator (NHVR) for a work diary exemption (permit). To apply for this permit, you must fill out an Establish work diary or record keeping exemption (permit) form. 

For a copy of the form, see Fatigue record keeping exemption on the NHVR website.

Your application should also include a letter explaining the reasons why you are applying for the permit. This letter could be from a doctor, speech pathologist or psychologist. You must also tell the NHVR how you will record your work and rest times without a diary.

If you are granted a permit, you will be able to nominate someone to fill in your work diary for you. 

For more information, see Work diary on the  NHVR website.

If you have been granted an exemption you must always carry your permit with you when you are working.

Can I use an electronic work diary?

An electronic work diary is an electronic system of recording your work and rest times. You can use an electronic work diary but you must still record your work and rest times in a written work diary.  

I lost my work diary. What can I do?

If you lost your work diary you must tell the National Heavy Vehicle Regulator (NHVR) within two business days. You can use a supplementary work diary record for up to seven days until you buy a new work diary.

To download a supplementary work diary, see Work diary on the NHVR website.

What is work time?

Work time is everything that you do to operate a heavy vehicle. This includes tasks such as driving, inspecting, servicing or cleaning the vehicle, refuelling the vehicle, loading and unloading the vehicle, making deliveries, supervising another driver and recording information in your work diary.

How do I calculate my work and rest times?

Work time is always rounded up to the next 15 minute interval and rest time is always rounded down to the last 15 minute interval. 

For example, a work period of more than 30 minutes but less than 45 minutes will be counted as 45 minutes work and a rest period of less than 45 minutes but more than 30 minutes will be counted as 30 minutes rest. 

The law also requires that work time is counted:

• from the end of a rest break, or
  
• from the end of a 'relevant major rest break' for periods for 24 hours or longer.
  

A 'relevant major rest break' is your longest continuous rest break.

The rules about counting time can be complicated. If you are not sure whether you are counting your work and rest times correctly, see Counting time on the NHVR website.

How do I calculate my work and rest times if I am driving interstate? 

If you are travelling interstate between different time zones, you should calculate your work and rest times according to the time zone of your home base. Your base is where your heavy vehicle is usually located.

For example, if your base is in NSW and you travel to Queensland, you should schedule your work periods and rest breaks according to NSW time.

Can I get in trouble for not recording my work and rest times properly?

Yes. Making a false entry in your work diary and/or not recording your work and rest times is a criminal offence. You can be fined a maximum penalty of $13,310 (as at 1 July 2024).

If you have been charged with making a false or misleading entry, you should get legal advice.

Do heavy vehicles have height restrictions?

Yes. Generally, the maximum height of a heavy vehicle (loaded or unloaded) should be 4.3 metres. There are some exceptions to this rule, for example, two-deck livestock or vehicle carriers and double-decker buses, if the driver has a special permit or the vehicle is operating under a 4.6 metre High Vehicle Notice issued by the National Heavy Vehicle Regulator (NHVR).

For more information about height restrictions, see General mass and dimension limits on the National Heavy Vehicle Regulator (NHVR) website.

What is the maximum width of a heavy vehicle?

The maximum width for all heavy vehicles is 2.5 metres.

Safer Freight Vehicles which are fitted with specific safety features can exceed this width requirement and measure a maximum of 2.55 metres width.

If a blind spot information system is fitted to the heavy vehicle, the overall width including the system must not be more than 2.6m.

You don't need to include external rear vision mirrors, signalling devices, or side-mounted lamps and reflectors when measuring the width of a heavy vehicle, provided that the overall width is less than 2.55 meters. Some other features may also be excluded when measuring the width.

If removable load restraint equipment is fitted with the vehicle it’s not included in the width, if the overall width is not more than 2.55 meters.

For more information, see General mass and dimensions limits on the National Heavy Vehicle Regulator website. If you are unsure what rules apply to your heavy vehicle, you should get legal advice.

What is the maximum length of a heavy vehicle?

Generally the maximum length of a heavy vehicle is 19 metres, but this depends on the type of vehicle. 

B-doubles and road train prime movers can have greater lengths provided they meet certain conditions and if they are eligible vehicles. Buses generally have a 14.5 metre length limit depending on the type of vehicle. There are different length requirements for trailers, and vehicle or livestock carriers, depending on the type.

You don't need to include an indirect vision device or a front blind spot fitted to the heavy vehicle unless it projects more than 150mm beyond the overall length. External front end devices, cross-view mirrors or monitoring devices which extend less than 250mm off the front end, are also disregarded

For more information about length restrictions, see General mass and dimension limits on the National Heavy Vehicle Regulator (NHVR) website. 

How can I check if a road train prime mover is eligible for a dimension and mass exemption?

In NSW, certain road train prime mover vehicles are exempt from the mass and dimension requirements set by Heavy Vehicle (Mass, Dimension and Loading) National Regulation.

Eligible vehicles in NSW include 3-axle prime movers with registration code MC3 and 4-axle prime movers with registration code MC4. 

To confirm eligibility, you can check your registration configuration charging code which you can find on:

• the registration papers
• Check a vehicle registration on the Service NSW website, or
• National Heavy Vehicle Regulator (NHVR) Registration Checker app.
  

For more information about the exemption Notice, see National Class 3 Road Train Prime Mover Dimension and Mass Exemption Notice 2021 on the NHVR website.

Are there are any specific restrictions for heavy vehicles carrying livestock?

Yes. Any trailer carrying livestock should not have more than 12.5 metres of its length allocated to the livestock. In a B-Double, the two semi-trailers should not have more than 18.8 metres of their combined length for carrying the livestock.

For more information about length restrictions, see General mass and dimension limits on the National Heavy Vehicle Regulator (NHVR) website.

Are there any rules about projecting loads?

Yes. A projecting load is when the objects carried extend past the front, back or side of the vehicle. The vehicle should not be loaded in a way that makes it unstable or unsafe and the load should be secured so it does not fall or come off the vehicle.

The following loads must display a warning notice at the back of the load:

• ​​projects more than 1.2 metres to the front or back of the vehicle
• projects more than 15 cm to the side of the vehicle
• overhangs so that the end of the load cannot be seen from behind
• is on a pole-type trailer​.

For more information about length restrictions, see General mass and dimension limits on the National Heavy Vehicle Regulator (NHVR) website.

Are there any rules about how loads should be restrained?

Yes. A load should be restrained in a way that makes the vehicle safe and prevents the load from moving. 

For more information about how loads should be restrained, see Load Restraint Guide on the National Transport Commission website.

What is the difference between General Mass Limits, Concessional Mass Limits and Higher Mass Limits?

The General Mass Limit (GML) is the maximum weight for heavy vehicles unless they are operating under an accreditation or exemption issued by the National Heavy Vehicle Regulator (NHVR).

The GML varies according to the type of heavy vehicle.

For information about the GML for your heavy vehicle, see General mass and dimension limits on the NHVR website.

Concessional Mass Limits (CML) allow operators to operate above the GML if they have an accreditation under the National Heavy Vehicle Accreditation Scheme (NHVAS). The CML is limited to 5% above the GML.

Higher Mass Limits (HML) allow operators to operate above the CML provided they have a special accreditation under the NHVAS and meet other conditions.

For more information about mass limits for heavy vehicles, see the Mass, dimension and loading on the NHV​R website.

There are significant penalties for overloading a heavy vehicle. If you have been charged with an overloading offence, you should get legal advice.

How are the maximum penalties for overloading a heavy vehicle worked out?

The maximum penalty for overloading a heavy vehicle depends on a number of things such as the risk category of the offence (for example, whether it is a minor, substantial or severe breach).

The amount of the fine also depends on whether you received a fine notice or you went to court.

For more information, see Penalties and infringements on the National Heavy Vehicle Regulator (NHVR) website. 

If you have been charged with an overloading offence, you should get legal advice.

What is a Heavy Vehicle Safety Station?

A Heavy Vehicle Safety Station (HVSS) is a facility provided by the National Heavy Vehicle Regulator where heavy vehicles weighing more than eight tonnes may be inspected to check if they comply with road transport laws. They are usually located along major transport routes.

Do I have to stop at a Heavy Vehicle Safety Station?

Yes. It as an offence not to stop at a Heavy Vehicle Safety Station (HVSS) if you are asked or directed to do so by the signs at the front of the HVSS. If you do not stop at a HVSS, a Safe-T-Cam will take a photo of your number plate and you are likely to receive a Court Attendance Notice requiring you to attend court.

What is the Chain of Responsibility?

The Chain of Responsibility (CoR) laws recognise that the driver and other people involved in the heavy vehicle offence can all be held responsible.

Under CoR laws, if you have influence over any transport task, you are part of the transport supply chain and have a legal responsibility to ensure that the Heavy Vehicle National Law is complied with. For example, if a driver of a vehicle is fined for not recording their work time properly, the driver's employer may also be fined if they did not provide adequate training to the driver about how work time should be recorded.

For more information, see About Chain of Responsibility on the National Heavy Vehicle Regulator (NHVR) website.

What is the reasonable steps defence?

If a person is charged with a heavy vehicle offence under the Chain of Responsibility (CoR) laws, they may be able to raise the reasonable steps defence. Under this defence, the person may avoid legal responsibility if they can prove that they:

• did not know or could not reasonably be expected to have known that a breach may have occurred, and
  
• took all reasonable steps to prevent the breach or there were no steps the person could reasonably be expected to have taken to prevent the breach. 

If you have been charged with a heavy vehicle offence under CoR laws, you should get legal advice. 

I am the owner of a truck company. D​o I have any record keeping obligations? 

Yes. For each driver that your truck company employs you must keep:​

• the driver's name, licence number and contact details
• the dates the driver drove any fatigue regulated heavy vehicle
• the daily total of the driver's work and rest times
• copies of the driver's daily work diary sheets, and
• the registration details of any vehicles driven.

You must keep copies of your drivers' work and rest records for at least three years.