Heavy Vehicle National Law - National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2018 (No 1)

Overview

The National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2018 (No 1) was introduced to address the gap in record-keeping requirements for drivers of fatigue-regulated heavy vehicles employed by electricity entities and involved in activities on the works of an electricity entity. This notice was enacted by the National Heavy Vehicle Regulator under Section 378 of the Heavy Vehicle National Law as in force in Queensland, with the policy objective of providing specific exemptions from certain record-keeping requirements while ensuring that adequate records are maintained to manage fatigue effectively. The notice came into effect on 16 July 2018 and will expire three years after its publication, unless otherwise extended. It applies to record keepers for drivers of fatigue-regulated heavy vehicles employed by electricity entities listed in Schedule 1, who are involved in activities on the works of an electricity entity. The notice exempts these entities from specified record-keeping provisions under Division 3 of Part 6.4 of Chapter 6 of the Heavy Vehicle National Law, provided certain conditions are met, such as maintaining records of the entity’s Fatigue Management System, informing the Regulator of any substantive changes, and reporting reportable fatigue-related events.

Scope and Application

The National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2018 (No 1) is designed to provide a specific exemption from certain record-keeping requirements under the Heavy Vehicle National Law for record keepers of drivers employed by specified electricity entities when carrying out activities on the works of these entities. This notice applies to record keepers for drivers of fatigue-regulated heavy vehicles who are employed by an electricity entity listed in Schedule 1 of the notice and are involved in activities on the works of the entity. The exemption is conditional, requiring the record keeper to be an employee of the electricity entity and to maintain records of the entity’s Fatigue Management System, including any changes, and records of drivers trained in the system. Additionally, the electricity entity must inform the Regulator of any substantive changes to its Fatigue Management System and report any reportable fatigue-related events promptly. The notice specifies that the exemption is applicable for a period of three years from its commencement date of 16 July 2018.

Key Provisions

The main operative sections of this Notice, the National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2018, provide an exemption from specific record-keeping requirements under the Heavy Vehicle National Law for record keepers of fatigue-regulated heavy vehicles employed by Electricity Entities listed in Schedule 1 when carrying out activities on the Works of the Electricity Entity (section 8). The Notice also specifies conditions under which the exemption applies and details the obligations of the entities and record keepers (sections 9 and 10). The exemption and the conditions are intended to streamline compliance processes while ensuring that certain critical records are still maintained to manage fatigue-related risks effectively. Under this Notice, record keepers for drivers of fatigue-regulated heavy vehicles employed by Electricity Entities listed in Schedule 1 must adhere to several obligations when operating under this exemption. They must maintain records of the Electricity Entity’s Fatigue Management System, including any changes made to the system, as well as records of drivers trained in the system (section 9(2)). Additionally, they must keep the information specified in section 319(1) of the Heavy Vehicle National Law for each driver operating under this Notice. Furthermore, the Electricity Entity must inform the Regulator in writing of any substantive changes to its Fatigue Management System and report any reportable fatigue-related events as soon as practicable after they come to the Entity's knowledge (section 9(3) and (4)). When requested by an authorised officer, the record keeper must provide the names and details of drivers of fatigue-regulated heavy vehicles employed by the Electricity Entity (section 9(5)). Finally, the Electricity Entity must audit its Fatigue Management System six months after commencing operations under this Notice, annually thereafter, and provide the results of those audits to the Regulator or an authorised officer upon request (section 9(6)). The Notice outlines specific offences and penalties for breaches of its conditions. Although the Notice does not explicitly state penalties, breaches of the Heavy Vehicle National Law, under which this Notice operates, can result in significant civil and criminal consequences. Civil penalties for non-compliance can include substantial fines. For instance, under the Heavy Vehicle National Law, an individual or body corporate can face fines up to $16,500 for a basic offence, escalating to higher amounts for serious or repeated offences. Criminal penalties can include imprisonment, with the maximum penalty depending on the severity of the breach. Additionally, failure to comply with reporting requirements or providing false information can lead to further penalties, including extended fines and imprisonment. In summary, the National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2018 provides specific exemptions and conditions for record keepers of fatigue-regulated heavy vehicles employed by Electricity Entities when carrying out activities on the Works of the Electricity Entity. It imposes obligations on record keepers and Electricity Entities to maintain certain records and report changes and incidents to the Regulator. While the Notice itself does not detail specific penalties for breaches, the overarching Heavy Vehicle National Law provides for significant civil and criminal penalties for non-compliance, underscoring the importance of adhering to the conditions set out in the Notice.