1. Do I need to take a rest break at the 15 minute mark of a clock?
A rest break can start at any time (ie. 10:03am) and does not need to be synchronised at a clock's 15 minute intervals.
2. Do I need to take an exact 15 minute, or 30 minute rest break or can I take real time rest?
As long as each rest break is a minimum of 15 minutes, all rest time above this is counted towards your legal rest requirement. So for example, you can take three 20 minute rests instead of four 15 minute rest breaks to legally meet a 1 hour rest break.
3. What is the 8 minute work extension for an approved EWD’s only?
During any work shift, a driver is given a total of 8 minutes additional work, before any fatigue breaches are recorded in the drivers EWD. For example; a driver needs to work another 8 minutes to find the next rest area to park after they have worked 5hrs 15mins under Standard hours. This would not trigger a minor breach when an approved EWD is used and is available only once each full shift.
4. Does the EWD provide warnings of legally required upcoming rest break?
Yes, the EWD shows a panel indicating that a rest break is required in 45, 15 and 5 minutes prior to onset of a breach. The warnings also provide a voice output so the driver needs to ensure that the ringtones and other volumes for the app are at maximum so as to be heard in a moving vehicle.
5. Can a driver use an EWD for split rest breaks under BFM?
Yes, split rest breaks under BFM apply in the same way it would with a Written Work Diary (WWD).
A split rest is where a driver takes 6 continuous hours at one time and 2 continuous hours another time in a 24-hour period, rather than the required 7 continuous hours of rest.
Split rests are not encouraged because they can impact on the quality of a driver’s sleep. However, the HVNL does provide a defence if you take a split rest under BFM. The defence only applies if you had at least the required 7 continuous hours of rest in the previous 24-hour period and you did not schedule the split rest.
As a split rest break is a defence and not an option that can be scheduled to, so EWDs will display this as a breach. It is up to the driver to prove they meet the requirements of the split rest break defence.
6. How much rest do I need to take when I change the Work Rest Option from BFM to Standard hours?
Drivers who change from BFM to Standard Hours, or vice versa, must not drive a fatigue-regulated heavy vehicle unless:
- the driver is compliant with all the work and rest requirements of the new work and rest option (i.e. Standard Hours), or
- the driver has had 48 continuous hours of rest.