Should I allow my drivers to change between Work and Rest Hours Rule Options?

This is a difficult question for many companies however the simple answer is that once a driver is on BFM, they should only ever drive to the BFM rules and avoid changes to their "work and rest hours option". 

This is due to the following reasons:

• Avoid driver confusion between Rule requirements;
• Avoid breaches over 7- and 14-day periods;
• Negate the need for 48-hour breaks between changes;

• To comply with the requirements of Chapter 6, Section 263 of The Heavy Vehicle National Law:

263 Operating under new work and rest hours option after change 

(1)  The driver of a fatigue-regulated heavy vehicle must not drive the vehicle after changing from 1 work and rest hours

option to a different work and rest hours option unless—

(a)  if the change is from standard hours or BFM hours, either the driver—

(i) is in compliance with all the maximum work requirements and minimum rest requirements under the work and rest hours option to which the driver has changed; or
(ii) has had a reset rest break; and

Examples for the purposes of paragraph (a)—

1 If the driver of a fatigue-regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have a longer rest time than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the longer rest time or a reset rest break.
 

2 If the driver of a fatigue-regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have rest time earlier than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the earlier rest time or a reset rest break.

(b) if the change is from AFM hours or exemption hours, the driver has had a reset rest break; and
(c) the driver complies with all other requirements of the work and rest hours option to which the driver has changed.

(2) If the driver of a fatigue-regulated heavy vehicle has had a reset rest break between changing from 1 work and rest hours option to a different work and rest hours option, the period to which the new work and rest hours option applies must be counted forward from the end of the reset rest break.
 

(5) In this section—
reset rest break means a period of rest time of at least 48 continuous hours.

LogChecker will always assess Fatigue Rules in line with the above.