NHVR issues exemption notice allowing short work breaks for concrete agitator drivers

The National Heavy Vehicle Regulator (NHVR) has issued an exemption notice allowing concrete agitator drivers to take short work breaks while sitting in the driver's seat of a loaded truck and not working.

Summary: This exemption notice allows drivers of regulated heavy vehicle agitators to count short rest periods differently, addressing a common transport industry problem where drivers wait at sites without being able to properly log genuine rest. The change delivers both safety and productivity benefits for concrete transport operators nationally.

What the Exemption Notice Allows

National Heavy Vehicle Concrete Agitator Work and Rest Hours Exemption Notice 2022 (No 1) came into effect on 1 January 2022.

The notice allows drivers to take a short work break while remaining seated in a loaded truck, provided they aren't performing any work duties during that time. This exemption provides an alternative to standard short rest break requirements for this segment of the transport sector.

Why NHVR Introduced This Safety Measure

NHVR CEO Sal Petroccitto said the exemption notice offers a practical solution to work and rest management that benefits the trucking industry.

"After consulting with industry and conducting a successful trial, we can continue to offer a sensible and safe answer to the common problem of drivers using their work hours for what is effectively rest, when they are held up at a site."

"The exemption notice provides both safety and productivity improvements for this important and busy sector."

Implications for Transport Operators

Concrete agitator operators should review how this exemption affects their existing work and rest hours arrangements. Key considerations include:

• Confirming drivers understand when the short work break provisions apply
• Updating internal fitness for work policies and procedures to reflect the exemption
• Ensuring site delays don't compromise driver safety or compliance obligations
• Training relevant transport staff on correct application of the notice

Businesses operating concrete trucks should also review related safety documentation, including a Concrete Truck Safe Work Method Statement, alongside supporting procedures such as a Concrete Formwork Safe Work Method Statement and a Concrete Vibrator Safe Work Method Statement, to maintain consistent safety standards across sites.

Supporting Broader Safety Compliance

This exemption sits alongside other national regulatory efforts to improve safety outcomes across the transport industry. Operators should stay informed of ongoing compliance activities, such as those outlined in our article on NHVR targets truck drivers in work diary blitz.

Be sure to check out our Chain of Responsibilities Management Plan.

Find the exemption notice here.