Heavy Vehicle National Law - National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2018 (No. 1)

Overview

The National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2018 (No. 1) was enacted to address the need for exemptions to certain work and rest hour requirements for drivers of fatigue-regulated heavy vehicles employed by electricity entities in Queensland. This exemption was introduced to allow these drivers to respond to unplanned urgent circumstances that arise in the course of their work, such as fault response or restoration of electricity supply in emergency situations. This Notice was made under Section 266 of the Heavy Vehicle National Law as in force in Queensland. It applies to drivers employed by electricity entities listed in Schedule 1, who are required to undertake urgent, unplanned work activities in compliance with statutory obligations under the Electrical Safety Act 2002. The policy objective of this Notice is to ensure the safety and efficiency of heavy vehicle operations in the electricity sector while allowing flexibility for emergency responses. The Notice provides exemptions from the work and rest hour requirements stipulated in the Heavy Vehicle National Law, subject to certain conditions. Drivers must be employed by a listed electricity entity, maintain a copy of the Notice, adhere to their entity's Fatigue Management System, and provide relevant information when requested by an authorised officer. Additionally, the responsible person for the Fatigue Management System must maintain records of drivers operating under this exemption, risk assessments, and fatigue-related incidents. The Notice specifies maximum work times and minimum rest periods, with additional requirements for risk assessments and control measures in extended work scenarios. The Notice commenced on 16 July 2018 and will expire three years after its publication.

Scope and Application

The National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2018 applies to drivers of fatigue-regulated heavy vehicles employed by an electricity entity listed in Schedule 1 of the notice, who are carrying out activities on the works of that entity in urgent, unplanned circumstances. The exemption allows these drivers to operate outside the standard work and rest arrangements outlined in Part 6.3 Division 2 of the Heavy Vehicle National Law, but only when responding to statutory obligations under the Electrical Safety Act 2002, such as fault response to dangerous situations or the restoration of electricity supply to essential services. This exemption applies within Queensland and is made under Section 266 of the Heavy Vehicle National Law as in force in the state. However, the notice does not extend to drivers not employed by listed electricity entities or those not operating in unplanned urgent circumstances. The notice includes specific conditions such as the requirement for drivers to be trained in the electricity entity’s Fatigue Management System and to keep a copy of the notice in their possession. The exemption is set to expire three years after its publication on 16 July 2018.

Key Provisions

The main operative sections of the National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2018 (No. 1) focus on providing exemptions to drivers of fatigue-regulated heavy vehicles employed by listed electricity entities, when they are carrying out activities on the works of the entity in unplanned urgent circumstances (section 7). This exemption exempts such drivers from the requirements of Part 6.3 Division 2 Standard Work and Rest Arrangements of the Heavy Vehicle National Law (section 8). The Notice specifies the conditions under which the exemption applies, including the need for drivers to be trained and to comply with the entity's Fatigue Management System (sections 9 and 10). It also sets out specific work and rest hour limits for drivers operating under this exemption (section 10). The obligations imposed by the Notice on the parties it governs are multifaceted. Firstly, drivers of fatigue-regulated heavy vehicles must be employed by an electricity entity listed in Schedule 1 and must carry a copy of the Notice (section 9). They must also be trained to the standards required by the entity's Fatigue Management System and comply with it (section 9). When requested by an authorised officer, drivers must identify the entity they work for and provide contact details for the person responsible for the Fatigue Management System (section 9). The person responsible for the Fatigue Management System must maintain records of drivers operating under this exemption, the risk assessments they have conducted, and any fatigue-related incidents (section 9). Additionally, drivers must adhere to the work and rest hour limits specified in Table 1, including completing risk assessments prior to exceeding certain work hours (section 10). The Notice sets out specific consequences for breaches of its provisions. Under Section 267 of the Heavy Vehicle National Law, any breach of the Notice may lead to both civil and criminal penalties. The exact nature and severity of these penalties are not detailed within the Notice itself but would be governed by the applicable provisions of the Heavy Vehicle National Law and any relevant Queensland legislation. Typically, penalties for such breaches could include fines, imprisonment, or both, depending on the severity and frequency of the breach. It is important for drivers and electricity entities to be fully aware of these potential consequences to ensure compliance with the Notice. In summary, the National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2018 (No. 1) provides a clear framework for exempting certain heavy vehicle drivers from specific work and rest hour requirements, provided they are employed by listed electricity entities and are working under urgent, unplanned circumstances. It imposes significant obligations on both drivers and the entities they work for, including training, record-keeping, and adherence to specified work and rest hour limits. Failure to comply with the Notice could result in both civil and criminal penalties, underscoring the importance of strict adherence to its provisions.