Personal time in your 24 hour rest break

We all know that work time is driving or doing anything with the truck such as load checking, tyres, fuelling, cleaning etc. This is particularly galling for owner/drivers who during their 24 hour break, might want to change a headlight or tail light bulb, give the truck a quick wash or even take the kids for a ride to the servo to fuel the truck ready for work.

Well there is a little known piece of legislation regulation, unfortunately only applicable in NSW that allows that and still counts the time as rest time.

Under Section 248B, certain personal activities may be counted as part of rest time in NSW

(1) A rest period of at least 24 continuous hours of stationary rest time that is required to be taken by a driver of a fatigue-regulated heavy vehicle under this Chapter may include a period of up to one continuous hour of permitted personal activity that is to be treated as part of that rest time, but only if—

(a) the permitted personal activity is not done at the direction of the driver’s employer or for fee or reward; and

(b) the beginning of the period of permitted personal activity occurs at least 3 hours after the beginning of the 24-hour rest period; and

(c) the end of the period of permitted personal activity occurs at least 3 hours before the end of the 24-hour rest period.

(2) A permitted personal activity means any of the following—

(a) cleaning or refuelling a fatigue-regulated heavy vehicle;

(b) driving a fatigue-regulated heavy vehicle.

(3) This section has effect despite the definitions of rest and work in section 221.

Yes it’s only one hour and legally must occur within a certain timeframe, but it’s something and it’s something the other States don’t have.

Notify of
Inline Feedbacks
View all comments
Rod Hannifey
5 years ago

I asked for this personal time for well over 5 years and then Philip Crook from Toll, among others also pushed for it and it became law. I have since spoken with NHVR and as you specify, it is only in NSW currently, but is still law. In the US they have personal use and I have asked this to become both national and a bit more flexible and to be included with an EWD legislation and all who agree, should do something to help make this happen. Contact the NHVR and ask them to make it happen, the more… Read more »

5 years ago

So if you use that 1 hour do you have to put it in your logbook?

4 years ago

Do you have to put it in the dairy for that 1 hr personal time

2 years ago

NHVR is National right. Then why only NSW. Can’t even get that right. So NHVR does what exactly?