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Understanding How Counting Periods Work Under Fatigue Laws

In Australia’s fatigue management law, drivers and operators often ask the same question: “When does a 7-day or 14-day period actually start?” This detail matters because the Electronic Work Diary (EWD) automatically applies the correct rule from the legislation — even when that rule isn’t written in plain language. Understanding this helps drivers see why the Logmaster EWD calculates periods exactly as the NHVR and Heavy Vehicle National Law require.

The Law Behind Counting Periods

The Heavy Vehicle (Fatigue Management) National Regulation 2013 sets out how time is counted for work and rest limits. The key rule is found in Section 247 – Time to be counted after rest time ends:

“When counting time in a period, the time must not be counted from within rest time, but instead must be counted forward from—
(a) if one or more major rest breaks are relevant to the period—the end of a relevant major rest break; or
(b) in any other case—the end of a relevant period of rest time.”
— Heavy Vehicle (Fatigue Management) National Regulation 2013, s 247

This means every rolling period — 7 days, 14 days, or 24 hours — is always counted forward from the end of a relevant major rest break.

The Table of Hours (Column 3)

The Regulation includes the Table of Maximum Work and Minimum Rest Hours. The third column of that table tells you what the “relevant major rest break” is for each scheme:

Scheme Period Counting starts from
Standard Hours – 7 Day
7 days
End of a 24-hour rest break
Standard Hours – 14 Day
14 days
End of a night rest or 24-hour rest break
BFM – 14 Day
14 days
End of a night rest or 24-hour rest break
BFM – 7 Day (solo)
7 days
No entry listed → defaults to end of 5-hour relevant major rest break

Why BFM Solo Uses 5 Hours

Under BFM rules, a major rest break is defined as at least 5 continuous hours. Because the table has no entry for the BFM solo 7-day period, the rule in Section 247 applies by default. That means if there’s no 24-hour or night rest to count from, the system counts forward from the last 5-hour major rest break. This is why the Logmaster EWD rolls the BFM 7-day window from each 5-hour rest — exactly as the legislation requires.

Why It Matters

The EWD isn’t choosing an interpretation — it’s following the Regulation literally. The NHVR expects EWDs to calculate fatigue windows consistently with the legislated counting logic, not by a driver’s preference or opinion.

By applying these definitions automatically:
– Drivers stay compliant without needing to calculate windows manually.
– Operators can rely on accurate rolling 7-day and 14-day totals.
– Enforcement outcomes align exactly with the law.

In Summary

  • Section 247 says all counting must start after rest ends — from the end of a relevant major rest break.
    • The Table of Hours defines those breaks for each fatigue option.
    • BFM solo drivers have no 24-hour or night rest listed, so the 5-hour rest is the relevant major rest break.
    • The Logmaster EWD applies this logic automatically, ensuring every fatigue period is compliant and traceable.

 

For anyone who wants to check the source, the legislation is public and can be read here:
https://www.legislation.nsw.gov.au/view/html/inforce/current/sl-2013-245a#sec.247

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