Under Chain of Responsibility (CoR), fatigue is everyone’s duty — not just the driver’s. The Heavy Vehicle National Law (HVNL) makes each party in the supply chain, from schedulers and operators to consignors and consignees, legally responsible for ensuring transport activities don’t cause, encourage or require a driver to exceed work-and-rest limits or drive while fatigued. A delivery deadline that forces a breach can make the customer liable, not just the driver.
Key facts at a glance
- Fatigue is a shared CoR duty. Under HVNL s26A the safety of transport activities is the shared responsibility of every party, and under s26B more than one party can hold the primary duty at the same time.
- Standard hours (solo driver): a maximum of 12 hours work in any 24-hour period, with required rest including 7 continuous hours of night rest.
- Work diary required when driving a fatigue-regulated heavy vehicle (over 12t GVM) more than 100 km from the driver’s base.
- Consignees and schedulers can be prosecuted for demanding delivery times that require a driver to breach their hours.
- HVNL reform commences 1 August 2026: the NHVAS accreditation scheme will be replaced by the Heavy Vehicle Accreditation (HVA) scheme, and Alternative Compliance Hours (ACH) will replace the old BFM/AFM modules. Core fatigue obligations are unchanged.
- The defence is “reasonably practicable” steps — documented systems, realistic scheduling and trained staff. Accredited CoR training builds that evidence. CoR training is delivered online, nationwide.
What is “fatigue management” under Chain of Responsibility?
The HVNL treats driver fatigue as a safety risk that the whole chain helps create — and must help prevent. A driver who is pressured into an impossible run is fatigued because of decisions made upstream: a tight schedule, a late loading slot, a consignee’s “be here by 6am or lose the contract”. CoR makes those upstream decision-makers legally accountable. Every party must take all reasonably practicable steps to ensure their conduct doesn’t cause a driver to drive while fatigued or to breach the work-and-rest rules.
Who in the chain has a fatigue duty?
The primary duty applies to each party whose actions can influence whether a driver is safe to drive. Importantly, the same activity can have several duty-holders at once.
| Party | How they affect driver fatigue |
|---|---|
| Driver | Must not drive while fatigued and must comply with work-and-rest limits and the work diary |
| Scheduler | Must build schedules and rosters that are physically achievable within legal hours |
| Operator / employer | Must have fatigue policies, monitor compliance, and not reward or require breaches |
| Consignor / consignee | Must not set pick-up or delivery times that force a driver to breach hours; must avoid loading/queuing delays that eat into rest |
| Loaders & loading managers | Must avoid delays that compress a driver’s available driving and rest time |
| Prime contractor / executives | Officers must exercise due diligence to ensure the business meets its fatigue duty |
What are the standard work and rest hours?
Standard hours apply to every driver who doesn’t operate under an accreditation. They set maximum work times and minimum rest, counted in blocks across rolling periods. For a solo driver of a fatigue-regulated heavy vehicle:
| Limit | Standard hours (solo) |
|---|---|
| Maximum work in any 24-hour period | 12 hours |
| Minimum rest in any 24-hour period | Rest balancing the work, including night rest |
| Night rest requirement | 7 continuous hours stationary rest between 10pm and 8am (driver’s base time zone), or 24 continuous hours stationary rest |
| Work diary | Required when operating more than 100 km from base |
Note: A “fatigue-regulated heavy vehicle” generally means a vehicle (or combination) with a Gross Vehicle Mass over 12 tonnes. Operators accredited under fatigue-management arrangements can access more flexible hours — but only where the risk of fatigue is properly managed and documented.
What changes on 1 August 2026?
The long-running HVNL reform commences on 1 August 2026. For fatigue, the key structural change will be the accreditation framework: the National Heavy Vehicle Accreditation Scheme (NHVAS) will be progressively replaced by the new Heavy Vehicle Accreditation (HVA) scheme, and Alternative Compliance Hours (ACH) will replace the previous Basic Fatigue Management (BFM) and Advanced Fatigue Management (AFM) modules. The transition will be phased — existing NHVAS operators can continue under their current accreditation until it expires.
The Written Work Diary format was also simplified (for example, drivers no longer mark the day of the week on each daily sheet). Crucially, the fundamental fatigue obligations did not change: every fatigue-regulated driver must still keep an accurate record of work and rest, and every party in the chain still owes the same primary duty.
How do parties actually comply?
The HVNL doesn’t expect perfection — it expects all reasonably practicable steps. In practice that means a documented fatigue-management system, schedules verified as achievable within legal hours, realistic loading and delivery windows agreed with customers, a process for drivers to refuse or report unsafe tasks without penalty, and records that prove the system is used. When something goes wrong, regulators look for that evidence — its absence is what turns an incident into a prosecution.
Training is the foundation. Everyone who influences a transport task should understand their CoR duties. FMS Training delivers Chain of Responsibility training online and nationwide: the CoR Awareness course for broad team understanding, and the nationally recognised, accredited TLIF0009 — Ensure the safety of transport activities for staff who need a Statement of Attainment as evidence of competence.
Frequently asked questions
Is fatigue management part of Chain of Responsibility?
Yes. Fatigue is one of the core safety areas the HVNL’s Chain of Responsibility covers. Every party whose actions can affect a driver’s fatigue shares a legal duty to prevent breaches.
Can a business be fined for a driver’s fatigue breach?
Yes. If a scheduler, operator, consignor or consignee caused or allowed the breach — for example by setting an impossible deadline — they can be prosecuted alongside or instead of the driver.
What are the standard work hours for a solo heavy vehicle driver?
Under standard hours, a solo driver may work a maximum of 12 hours in any 24-hour period and must take the required rest, including 7 continuous hours of night rest between 10pm and 8am or a 24-hour continuous stationary rest break.
When is a work diary required?
A National Driver Work Diary is required when driving a fatigue-regulated heavy vehicle (over 12t GVM) more than 100 km from the driver’s base.
What changes for fatigue under the 1 August 2026 HVNL reform?
The NHVAS accreditation scheme will be replaced by the Heavy Vehicle Accreditation (HVA) scheme, and Alternative Compliance Hours (ACH) will replace the old BFM and AFM modules. The Written Work Diary is being simplified, but the core obligations to manage fatigue and keep accurate records remain.
What does “reasonably practicable” mean for fatigue?
It means doing what is reasonably able to be done to manage fatigue risk — weighing the likelihood and severity of harm against the cost and effort of control. Realistic scheduling, fatigue policies, trained staff and good records are the practical core.
Does Chain of Responsibility apply to consignees who don’t touch the truck?
Yes. A consignee who demands a delivery time that forces a driver to breach work-and-rest limits can be a duty-holder under CoR, even though they never drive or load.
Who should do Chain of Responsibility training?
Anyone who influences a transport task — drivers, schedulers, allocators, loading staff, managers and executives. Accredited TLIF0009 suits those who need formal evidence of competence; Awareness training suits broader teams.
Related reading: Who Is Liable Under Chain of Responsibility Laws? · HVNL Reform 2026: What Changes on 1 August · What is Chain of Responsibility? (2026 Explainer)
Sources: NHVR — Work and rest requirements, Chain of Responsibility FAQs, and HVNL reform implementation.
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