Guidelines for preparing an alternative fatigue management scheme (AFMS 2)

Transcription

1 Guidelines for preparing an alternative fatigue management scheme (AFMS 2) NZ Transport Agency July 2010 ISBN (online)

2 Copyright information This publication is copyright NZ Transport Agency. Material in it may be reproduced for personal or in-house use without formal permission or charge, provided suitable acknowledgement is made to this publication and the NZ Transport Agency as the source. Requests and enquiries about the reproduction of material in this publication for any other purpose should be made to: Manager, Information NZ Transport Agency Private Bag 6995 Wellington 6141 The permission to reproduce material in this publication does not extend to any material for which the copyright is identified as being held by a third party. Authorisation to reproduce material belonging to a third party must be obtained from the copyright holder(s) concerned. Disclaimer The NZ Transport Agency has endeavoured to ensure material in this document is technically accurate and reflects legal requirements. However, the document does not override governing legislation. The NZ Transport Agency does not accept liability for any consequences arising from the use of this document. If the user of this document is unsure whether the material is correct, they should refer directly to the relevant legislation and contact the NZ Transport Agency. More information NZ Transport Agency July 2010 ISBN (online) If you have further queries, call our contact centre on or write to us: NZ Transport Agency Private Bag 6995 Wellington 6141 This document is available on the NZ Transport Agency s website at

3 Page 3 Contents Introduction 5 What is an alternative fatigue management scheme? 5 Purpose of these guidelines 5 Good practice fatigue management 5 Legal basis for an AFMS 6 The Land Transport Act 1998 (The Act) 6 Work Time and Logbooks Rule 6 What are alternative fatigue management schemes (AFMS)? 7 Description 7 How does an AFMS relate to the management of driver fatigue? 7 Benefits and costs 8 AFMS standards 8 Key elements of a AFMS 8 Good practice fatigue prevention 9 Operating limits 9 Countermeasures 9 The AFMS application process 10 Step 1: Decide if an AFMS will benefit you 10 Step 2: Appoint a project manager 10 Step 3 - Register your interest 10 Step 4: The NZTA's actions 10 ROI approved? - decide whether to go ahead 10 ROI declined? - Review your current practices 11 Developing your application for assessment and approval of an AFMS 11 Step 1: Review existing systems 11 Step 2: Define operational limits and countermeasures 11 Step 3: Consult with driver representatives 12 Step 4: Submit your application 12 Joint management application 13 Further information to support your application 13 Approved or declined? 13

4 Page 4 Operating under an AFMS 14 Notices of approval 14 Training key staff 14 Record keeping 14 Complying with the AFMS 15 Changes to persons involved with the AFMS 15 Reviews 16 Renewal of an AFMS approval 16 Glossary 17

5 Page 5 Introduction What is an alternative fatigue management scheme? An alternative fatigue management scheme (AFMS) is a risk management scheme that, once approved by the NZ Transport Agency (NZTA) allows commercial operators greater flexibility in their operations. In an AFMS each operator develops systems and processes that manage work and rest time limits for their drivers whilst ensuring that fatigue is proactively managed. Purpose of these guidelines These guidelines explain how to develop an AFMS and submit this for approval by the NZTA. Good practice fatigue management The NZTA has developed a good practice guide for fatigue prevention in the commercial road transport sector, Preventing fatigue in the commercial road transport industr: A good practice guide ('the guide'). This guide provides practical advice and guidance to the transport industry on the prevention of fatigue and how to comply with the legislation 1. The guide helps define driver fatigue, identifies the risk factors and suggests the best ways to prevent fatigue and is available at 1 The Land Transport Act 1998 and Land Transport Rule: Work time and Logbooks.

6 Page 6 Legal basis for an AFMS The Land Transport Act 1998 (The Act) Section 30ZA of the Act provides for the NZTA to approve an alternative fatigue management scheme. Work Time and Logbooks Rule Section 6 of the Work Time and Logbooks Rule 2007 (the Rule) specifies the requirements for an AFMS. Once the AFMS has been approved it is able to be used in place of standard work time requirements 2.. Before approving an AFMS, certain criteria in the Rule must be met. This includes undertaking a full hazard analysis and developing documentation detailing how driver fatigue will be managed. 2 As specified in Part 4b of the Land Transport Act 1998.

7 Page 7 What are alternative fatigue management schemes (AFMS)? Description An AFMS is a risk management programme. Operators are given the opportunity to manage work and rest limits in a way that addresses the specific needs of their business, while also ensuring that driver fatigue is proactively managed. Fatigue can be an issue for anyone at anytime. Just because a person is complying with the requirements of the Rule it does not mean that they will not suffer the effects of fatigue. Operating an AFMS may benefit operators who need flexibility for recurring situations that do not necessarily fit in the legal, prescribed, work time hours. An AFMS must not be seen as an opportunity to make drivers work longer hours. The use of an AFMS is a move away from a one size fits all regulatory regime. It takes a broad approach which includes scheduling, rostering, operating limits, fitness for duty, health, management practices, workplace conditions, training and record keeping. How does an AFMS relate to the management of driver fatigue? Driver fatigue in the commercial transport area is managed by compliance to prescribed work time hours. An AFMS permits variations to the prescribed work time hours. AFMS 2 Variation, with extension, to prescribed hours but not exceeding 70 hours in any cumulative work period. AFMS 1 Variation to, but not exceeding, prescribed hours. (13 hours work time in a cumulative work day and 10 hours rest between cumulative work days). Basic Compliance with prescribed work time hours and rest breaks as described in the Land Transport Act and Work time and Logbooks Rule.

8 Page 8 Benefits and costs Potential benefits to an operator of an AFMS include: reduced driver fatigue and fatigue related crashes improved business efficiency (eg lowered costs, improved safety and improvement of the quality of the service provided by the operator in terms of reliability and punctuality) a cultural shift in the company in the approach to managing fatigue a fatigue/risk management approach consistent with the principles of the Health and Safety in Employment Act 1992 and duty-of-care requirements. The costs to operators of implementing an AFMS potentially include: the NZTA application fee management and staff resources used to develop a AFMS initial and on-going training of drivers, supervisors and others who may influence the actions of drivers those resources necessary to ensure processes and procedures are in place to meet all AFMS standards on-going monitoring and documenting compliance with fatigue management standards while operating under the AFMS. AFMS standards Operators operating under an AFMS must demonstrate their ability to meet fatigue management standards to ensure the potential for driver fatigue is proactively managed. A standard is a means to ensure consistency of quality and safety outcomes. It is often expressed as good practice. By applying a set of standards to the management and operation of an AFMS the potential for the associated increased safety risk is controlled. Persons with responsibility for the management of the scheme as well as those operating within the scheme are provided with and must comply with, clear accountabilities and guidelines to work to. The five standards are: Performance standard 1 Performance standard 2 Performance standard 3 Performance standard 4 Performance standard 5 Operator commitment and management of AFMS Information, training and supervision Driver fitness for duty Scheduling and rostering Workplace conditions AFMS 2 standards and self-audit sheets can be found at Key elements of a AFMS There are three key elements in an AFMS: Good practice fatigue prevention. Operating limits. Countermeasures.

9 Page 9 Good practice fatigue prevention Good practice is based upon the concept that there is a technique, method, process, activity, which is more effective at delivering a particular outcome than any other technique, method or process. The principle being that with proper processes, checks, and regular planned reviewing, a desired and consistent outcome can be delivered with fewer problems and unforeseen complications. A guide to good practice fatigue prevention in the commercial road transport industry is available from Operating limits Operating limits are the limits within which operators and drivers can plan, monitor and manage driving, work, rest and recovery times to minimise the impact of fatigue. They form the core of an AFMS. A driver working under an approved AFMS will be permitted to work outside the prescribed maximum work time limits but within the operating limits approved by the NZTA for the operator. Normal limits The normal operating limits are the current work time limits that are prescribed in the Land Transport Act Schedules and rosters should be planned within the normal limits where possible. An operator working under an approved AFMS can specify their own, maximum, normal limits, but these must not exceed the prescribed work time limits. Flexible limits The flexible limits are those which allow for time working beyond the normal limit. These may be the maximum limits prescribed in law or a lesser amount set by the operator. Operators with an AFMS may be approved to operate within the flexible limits granted by the Agency. Because working in the flexible limits increases the potential for fatigue, the risk of fatigue must be assessed and agreed countermeasures set in place to mitigate that risk (see below). Critical risk range The flexible limit must never be exceeded. Working outside the flexible limit will put a driver into a critical risk range and could result in revocation of the AFMS approval. If the maximum flexible limits are ever reached, the only acceptable countermeasure is for a driver to pull over and sleep. Countermeasures Countermeasures are actions taken to provide recovery time and reduce fatigue whenever a driver exceeds the normal limit and works within the flexible range. Examples of countermeasures include; high quality sleep, (night sleep as opposed to day sleep), a shorter shift, or an extended rest break.

10 Page 10 The AFMS application process Step 1: Decide if an AFMS will benefit you Before starting the application process, it would be sensible to give some thought to the value of an AFMS to your business. If you are operating within normal work time hours and driver fatigue is not generally an issue then there may be no benefit to getting approval to operate under an AFMS. Examples of when an AFMS may assist your business: 1. If you are regularly on call to unload ships and have to meet deadlines before the ship leaves port, then you may need more flexibility to allow drivers to work beyond normal work time hours in controlled situations; or 2. Allowing a driver to finish a trip that might otherwise mean an overnight stay due to an unexpected holdup may be an advantage to your business and the driver. Step 2: Appoint a project manager If you decide to go ahead, it is recommended you appoint a project manager to lead the development and management of the AFMS. The project manager should be a person who understands the importance of preventing driver fatigue, your systems and processes for scheduling and rostering, the way your business operates and who has the time to manage the AFMS processes. Step 3 - Register your interest Complete and submit a Registration of Interest (ROI) form available from for consideration by the NZTA. If you want to register to operate an AFMS that has already been approved then you will still need to complete the ROI process. Information on joint management applications can be found later in this document. Step 4: The NZTA's actions The NZTA must consider your registration of interest. This will include taking into account your current safety record, your operator safety rating (if any), the extent of your existing fatigue prevention and monitoring programme and general compliance including compliance with current work time requirements. If you have a poor safety record or receive frequent work time infringements, it could be an indication that your schedules are unrealistic and that you are not managing driver fatigue optimally. The NZTA may ask you to provide further information to support your ROI. You will be advised in writing of the outcome of your ROI. ROI approved? - decide whether to go ahead If your ROI is approved, you need to decide whether you still want to carry on. If so, the next step is to gather the information you need for the application for assessment and approval.

11 Page 11 ROI declined? - Review your current practices If your ROI is declined, this could be an opportunity to look at your current fatigue management policy and review your practices against the fatigue management standards, the code of practice and against the ACC guides for developing safe working practices. You can also contact the NZTA for advice with developing systems and processes for managing work time hours, fatigue hazards etc. Developing your application for assessment and approval of an AFMS Step 1: Review existing systems Review your current operational systems and processes. Step 2: Define operational limits and countermeasures Aim for normal operating limits where possible Normal operating limits should apply to most trips most of the time and should be based on the normal schedules and patterns you identified in the review of your operations. They will be specific to your business. They should be used to prevent fatigue in planned and foreseeable situations. They may be less that the current legal limits but must never exceed them. Define flexible operating limits Flexible operating limits allow drivers to exceed normal limits to deal with special circumstances provided that the AFMS standards are met and fatigue related risk is managed. Flexible limits may also be used for specific, pre-planned trips, which cannot reasonably be completed within normal operating limits. Using the flexible limits in a planned situation allows a driver to complete a trip and reach a point where good quality sleep can be taken. For example, the normal shift length might be 12 hours and feedback from drivers is that flexibility to extend that by an hour and a half will allow them to complete a trip and unload and then get better quality sleep. Thirteen and a half hours could therefore become your flexible limit. The flexible limits should be used sparingly and operators who consistently push the flexible limits to their maximum will need to be able to justify this by way of an updated risk assessment. Risk must be assessed and agreed countermeasures set in place to ensure the fatigue risk is managed when the flexible range is used. The maximum flexible operating limit that is likely to be approved is 15 hours work time in any cumulative work day. Consult drivers and other staff when considering flexible limits. You also need to determine the frequency at which a driver can use the flexible operating range for example, once a week. Countermeasures You must develop and document countermeasures to be taken every time a driver operates in the flexible range.

12 Page 12 The NZTA will consider the countermeasures you propose when considering your AFMS proposal. The NZTA must be satisfied that the countermeasures will be effective in managing fatigue before approving your proposal. Once agreed, you will be audited against the countermeasures in your AFMS. It is important to recognise that fatigue can still occur when operating within normal limits, and all activities require careful management and the use of appropriate countermeasures. The general rule is that where you reduce the opportunity for sleep or rest in one period this must be balanced by increased opportunities in the next period. The greater the flexibility, the more stringent the relevant countermeasure will need to be. Record your countermeasure proposals in the table in the application form in Appendix 3 including the frequency of using the flexible range and add any other conditions or restrictions that will apply. Your AFMS proposal should include one or more countermeasures for each operating parameter. Example: countermeasures and operating limits Prescribed hours in cumulative work day Work time extended by (hours) Total work time in a cumulative work day (hours) Next rest break extended by (hours) Next work period reduced by (hours) Comment Where the work period starts or finishes in period or the period of work includes work during this period the period of rest required before the next work period commences must be extended by an additional hour to that shown in the table. 2. Does not apply if the rest break immediately following the extended work period is at least 24 hours in duration. Step 3: Consult with driver representatives It is a requirement of the Act that you consult with representatives of your drivers, for example the unions. If they are not under a union, you must consult with the drivers and contractors themselves. Having a consensus on the schedules and rosters that make up your AFMS will give a better chance of your AFMS being approved by the NZTA by ensuring that the AFMS can realistically manage driver fatigue to the satisfaction and safety of your drivers and other road users. Step 4: Submit your application An application form is provided at Your application must include: a. a statement of your driver fatigue management policy

13 Page 13 b. the name, title and contact details of the person with overall responsibility for managing the scheme and ensuring compliance with it c. the titles and names of persons who are to manage and supervise the scheme as well as a summary of their duties and responsibilities d. the names and driver licence details of all drivers operating under the scheme e. the names, driver licence and transport service licence details of any contractors who you are permitting to apply to establish a AFMS under joint management f. details of your AFMS, including: a definition of normal limits to hours of work, operating limits and countermeasures incident and accident reporting and investigation procedures education and training requirements, and procedures to record education and training internal review procedures to verify that the scheme is being complied with and to ensure effective corrective and preventative actions are taken when required. Joint management application There is the ability to have other operators with whom you have contracts (other than employment contracts) to also operate under your approved AFMS via a joint management provision. When you complete your application for assessment and approval you need to formally notify the NZTA that you give permission for these operators to work under your AFMS and include information on these contracts. The application must detail the responsibilities of each party involved to ensure that the integrity of the AFMS is not compromised in any way and must include detail of any contractual arrangements that exist between the parties. The contractors will each have to complete a Registration of Interest form of their own, but can apply to use your operating limits and countermeasures while they are providing transport services for you. It is expected that the management of the AFMS will be undertaken by you on behalf of the contractor. Therefore, the contractor will only be able to utilise the AFMS approval when providing transport services to you (the holder of the scheme). Further information to support your application Before approval, you may be asked to provide further information or make changes to your AFMS and resubmit the documentation. The NZTA may ask you to make an oral submission in support of your application to help them to understand how your company is operated and how an AFMS will work for you. An entry review of your policies and procedures associated with the AFMS may also be carried out by the NZTA. The purpose of this review is to ensure that you have robust systems and processes in place to manage your AFMS. The NZTA will be able to provide you with assistance and advice on any matters that need more work. Approved or declined? The NZTA will assess the suitability of your proposed AFMS and will advise you in writing if your application is approved or declined. If you are declined, talk to NZTA for advice A notice of your approval to operate an AFMS will be placed in the New Zealand Gazette stating who has been approved and the terms of the approval.

14 Page 14 Operating under an AFMS Notices of approval For operators Once your application has been approved, a letter of approval will be issued to your organisation which sets out the specific variations to the Rule, those drivers who have been approved to work under the AFMS, any specific conditions and the period for which the approval is valid. Prior to the letter of approval being sent, evidence of induction training of key staff involved with the day to day operation of the AFMS will be required by the NZTA refer Training for key staff below. The approval will be valid for a maximum period of five years but may be less. An approval may be revoked in writing by the NZTA if the operator fails to meet the conditions of the approval or demonstrates an inability to maintain adequate vehicle and/or driver standards including AFMS standards. The approval will also be suspended or revoked if the associated transport service licence is suspended or revoked. For drivers Drivers must carry a copy an approval notice/letter with them in their vehicle. The notice will be personalised to each driver and well include the conditions of the AFMS and contact details of the holder of the AFMS. Drivers must present this along with the log book whenever they are asked to do so by an enforcement officer. If the driver leaves the company, they must surrender their approval notice/letter to the NZTA via the person the operator has nominated as being responsible for the AFMS. Training key staff In order to have the AFMS operate safely and efficiently it is important that all key staff receive training in the AFMS and its requirements, as well as fatigue prevention and management. This introductory training must be provided prior to all staff operating within the AFMS environment. As a guide a fatigue training course must cover the following as a minimum: Is driver fatigue a problem? How biology affects fatigue. How fatigue affects driving. Alertness management strategies. Periodic refresher training in fatigue management should also be provided to staff who will be working within the AFMS environment. Evidence of the completion of this training will be required to be produced during any reviews. Record keeping Sections 6.6(2) and 6.6(3) of the Rule outline the various records which a holder of an AFMS must maintain, and include the following: The holder of an approved AFMS has ongoing responsibilities under the Work Time and Logbooks Rule. They must:

15 Page 15 maintain accurate records of each employee or contractor covered by the scheme and any scheme under joint management, including the details of relevant experience, qualifications, training and refresher training of each employee or contractor covered by the scheme, and maintain all operational records specified in the approval, including, but not limited to, internal reviews, noncompliance reports, incident and accident reports, schedules and rosters, trip records and fatigue countermeasures adopted, and retain these records kept for at least one year after the AFMS has expired or cancelled, including revocation by the NZTA. In addition an operator operating an AFMS is required to keep the records required by section 30ZD of the Land Transport Act 1998, specifically: time records, wage records, and other related employment records for the driver, and accommodation records and receipts for the driver that are relevant to the driver's transport service or transport service vehicle, and fuel records and receipts for the relevant transport service vehicles. The operator must: keep each record for 12 months from the date it is made, and make all relevant time records, fuel records and receipts, accommodation records and receipts, wage records, and other related employment records in the possession or control of that person available for immediate inspection on demand at any reasonable time by an enforcement officer. Complying with the AFMS All drivers and contractors covered by the AFMS must comply with the prescribed work time hours, or comply with the operating limits and counter measures described in your AFMS whichever is applicable at the time. This includes keeping the required records and carrying the Approval Notice. An operator cannot change any conditions of the AFMS without written approval of the NZTA. Changes to persons involved with the AFMS An operator operating an approved AFMS must advise the NZTA of: any change in the person or person managing the scheme, or their contact details the name and driver licence number of any driver who has left the scheme or who is to be added to its coverage. An operator who wishes to add a driver or contractor to operate under their AFMS must complete the application form and send this to the Agency. Application from are available at A driver must not operate under AFMS conditions until they have received written approval from the NZTA and appropriate fatigue management training has been completed A contractor must not operate under the AFMS conditions until they have received written permission from the NZTA.

16 Page 16 Reviews It is expected that you have internal review systems in place which are providing self checks of your processes and systems on an ongoing basis. The NZTA may carry out reviews if there are any issues identified that need to be investigated further, eg departure from the agreed AFMS, an increase in fatigue related incidents. Each time a review is undertaken you will be contacted first and a suitable time agreed. Renewal of an AFMS approval An application for renewal must be made not less than 60 days before the expiry date of the scheme.

17 Page 17 Glossary ACC: Accident Compensation Corporation administers New Zealand s accident compensation scheme, which provides personal injury cover for all New Zealand citizens, residents and temporary visitors to New Zealand. In return people do not have the right to sue for personal injury, other than for exemplary damages. AFMS standards: are fatigue management standards that have been recognised by fatigue experts as best practice, they cover scheduling, rostering, operating limits, readiness for duty, management practices, training, record keeping, health, workplace conditions and internal review. There are five AFMS standards. Alternative fatigue management scheme (AFMS): a systematic process for monitoring and managing driver fatigue that is undertaken by a transport service operator and approved by the NZTA in accordance with section 30ZA(1)(c) of the Act. Chain of responsibility: recognises that all the people who influence drivers behaviour and compliance must be held accountable. This includes agents of companies. Under chain of responsibility, responsibility is shared it is not transferred. Refer to the Land Transport Act Commercial vehicle: is any vehicle used under a transport service licence and includes a vehicle that is used to carry goods for hire or reward. Countermeasures: the measures taken to provide recovery time and reduce fatigue. Cumulative work day: a period during which work occurs that does not exceed 24 hours and begins after a continuous period of rest time of at least 10 hours Cumulative work period: is a set of cumulative work days between continuous periods of rest time of at least 24 hours. CVIU: Commercial Vehicle Investigation Unit of the NZ Police. A nationally managed unit responsible for monitoring all areas of the commercial vehicle industry, including trucks, buses, taxis, couriers, mobile cranes, and mobile homes. Duty of care: in the workplace environment, duty of care means that all people will pay constant attention to, and be aware of, the possible consequences of their actions. Driver: means a driver of a commercial vehicle, whether or not that person is licensed or required to hold a licence to drive such a vehicle. Emergency: means (a) a state of emergency, or (b) an incident attended by an emergency vehicle, or (c) an event requiring immediate action to save life or prevent serious injury. Fatigue: feelings of tiredness or lack of energy resulting in a desire to rest and/or sleep. Fatigue causes lethargy, loss of strength, yawning, a lessened capacity for work and reduced efficiency. Fatigue varies in degree, frequency and duration. Fatigue hazard: is a condition or situation that has the potential for injury or incident (eg long driving shift without breaks). Fatigue risk: is the likelihood that a fatigue hazard will result in injury or incident and the possible consequences (eg death, serious injury, asset and road damage). Flexible limit: represents the range of time that extends beyond the normal limits. Flexible limits must not to be exceeded because further driving or work would pose an unacceptable fatigue risk. Corresponding countermeasures to manage fatigue must be implemented and recorded when drivers use the flexible limits. The number of times a driver may work within these limits is prescribed in the frequency rates outlined in the approved AFMS operating limits. Heavy vehicle: motor vehicle having a gross laden weight exceeding 3500kg.

18 Page 18 Joint management AFMS: the situation where the principal in a contract can permit a contractor to operate under their AFMS while providing transport services to the principal. Approval must be provided by the NZTA. Natural day: is a period of 24 hours that begins on midnight on one day and ends on midnight on the following day. Night sleep: is sleep taken between the hours from midnight to 6am (as a minimum), and ideally incorporating the period from 11pm to 7am. (See unrestricted night sleep.) Night-time: is used in the calculation of fatigue countermeasures and refers to the period between 10 pm and 6am. Night work:: is any driving or work undertaken between midnight and 6am. Normal limit: are the maximum work time hours permitted by the Land Transport Act These limits guide the scheduling and rostering of drivers work and rest times. In general, operations must be planned and organised within normal limits. Operating limits: is the collective term used to refer to normal limits and flexible limits. These limits are proposed by the operator and approved by NZTA in an AFMS. Operator: means the person driving or using the commercial vehicle on the road, or the person causing or permitting the vehicle to be on the road or to be driven on the road, whether or not the person is present with the vehicle. OSH: Occupational Safety and Health Service is part of the Department of Labour. It is charged with administering the Health and Safety in Employment Act 1992 and provides best practice information and guidance to assist New Zealand businesses with health and safety in the workplace. Review: means an assessment of the use of an AFMS and the application of the conditions approved by the Agency and compliance with the conditions. Rest break: a period of rest time taken within a cumulative work day. Rest time: means all time that (a) is not work time, and (b) is at least 30 minutes in duration, and (c) is not spent in a moving vehicle associated with work. Risk assessment: the process of identifying hazards, assessing the risks associated with any hazards, and bringing risks under control by applying prevention measures. Shift: is the period of driving and/or work time between two periods of sleep opportunity. A shift is considered to have started at the end of the last sleep opportunity and finishes at the beginning of the next sleep opportunity. Short rest break: is any break during a shift that is at least 15 minutes but less than an hour in duration. A short rest break is time at work provided for rest and meals and does not include non-driving work time. Sleep opportunity: is a continuous break to allow for good quality sleep. In normal circumstances this break should be long enough to allow a minimum of six hours continuous sleep. Transport service: means any goods service, passenger service, rental service, or vehicle recovery service operating under a transport service licence. Transport service licence: a licence issued under the Land Transport Act Unrestricted night sleep: the opportunity for uninterrupted sleep from 10pm to 6am. Work time variation: is any change to, or extension of, the work time limits set by the Act approved by the NZTA. Work time: all time spent performing work-related duties, including, (but not limited to) (a) driving, (b) loading and unloading, (c) maintenance and cleaning of vehicles (d) administration or recording, (e) any paid employment (other than paid leave or paid breaks of at least 30 minutes duration), whether or not related to transport activities.