Rest time sitting behind the wheel with the engine running

As with the previous blog on personal activity, there is another provision that is applicable only to NSW. Under this legislation, a driver sitting in the drivers seat with the engine running may count this time as rest time under certain conditions.

Section 248A states: Occupying driver’s seat to count as rest time in certain circumstances [NSW]

(1)  A period during which the driver of a fatigue-regulated heavy vehicle occupies the driver’s seat of the vehicle while its engine is running counts as rest time rather than work time if—

(a)  the vehicle is stationary during that period; and

(b)  the driver is not subject to work demands during that period; and

(c)  the period is at least 15 minutes or forms part of a period of rest time of at least 15 minutes.

(2)  This section has effect despite paragraph (d) of the definition of work in section 221.

Now we’re not sure how this provision could be utilized but there may be some drivers out there that could enlighten the rest of us. How could you use this? Sitting at red lights or in traffic doesn’t count.

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Peter brain
5 years ago

I claimed a rest break, when i stopped for a piss, and my mate rang up. Anyway after 30 mins chatting i finally got my piss and got going, motor running whole time

Murray Charters
5 years ago

This is a help to long distance Coach Drivers. It allows them to keep the passengers in air conditioned comfort during part of a break. Helps most in the last 5 or 10 minutes of a break in summer heat.

5 years ago

So can we count this if we are waitng at roadworks/accident for period longer than 15+ mins in NSW ??

2 years ago

Our work are trying to say

That while onsite parked on dock getting unloaded it’s a break

While there getting paid want to not pay driver over break