New South Wales Consolidated Regulations New South Wales Consolidated RegulationsIf an offence under BFM hours could have been avoided if the driver had taken a 7 hours continuous rest break, it is a defence for the driver to prove:
(a) that he or she was, at the relevant time, driving under BFM hours as a solo driver of a regulated heavy vehicle, and
(b) that he or she took a 6 hour continuous rest break and a 2 hour continuous rest break within the same 24 hour period (a "split rest break"), and
(c) that he or she had not taken a split rest break in the previous 24 hour period.
Note: Example-a driver stops work to take a 7 hour continuous rest break, but cannot sleep, so the driver takes only 2 hours continuous rest and then drives on for a further 2 hours and takes a further 6 hours continuous rest at another place down the road.