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

Overview

The National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption Notice 2018 (No.1) was introduced to address the need for exemptions from the requirement to carry and complete a National Driver Work Diary for drivers of fatigue-regulated heavy vehicles operating within the works of an Electricity Entity. Enacted under Section 357 of the Heavy Vehicle National Law as in force in Queensland, this Notice was issued by the National Heavy Vehicle Regulator and aims to streamline record-keeping processes for these drivers, ensuring they are compliant with specific conditions related to their employment and the Fatigue Management System of the Electricity Entity. This exemption applies to drivers employed by Electricity Entities listed in Schedule 1 and carrying out activities on the works of such Entities, provided they adhere to the stipulated conditions, including maintaining a copy of this Notice and ensuring their names are listed with the employing Electricity Entity.

Scope and Application

The National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption Notice 2018 (No. 1) applies specifically to drivers of fatigue-regulated heavy vehicles who are employed by an Electricity Entity listed in Schedule 1 and are involved in activities on the works of an Electricity Entity. The exemption is granted under Section 357 of the Heavy Vehicle National Law as in force in Queensland and is designed to alleviate the burden of carrying and completing a National Driver Work Diary for these drivers. This notice, which commenced on 16 July 2018, exempts eligible drivers from the work diary requirements stipulated in Part 6.4 Division 2 of the Heavy Vehicle National Law, but only under certain conditions. These conditions include the driver being employed by an Electricity Entity specified in Schedule 1, possessing a copy of this notice, being trained and complying with the Electricity Entity’s Fatigue Management System, having their name listed with the employing Electricity Entity, and being able to provide relevant details about the entity and its Fatigue Management System when requested by an authorised officer. The exemption expires three years after publication unless otherwise extended.

Key Provisions

The main operative sections of the National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption Notice 2018 (No. 1) (sections 1 to 9) establish the purpose, authorisation, title, commencement, expiry, definitions, application, exemption, and conditions for the exemption. Specifically, section 1 outlines the purpose of the exemption, which is to relieve drivers of fatigue-regulated heavy vehicles engaged in activities on the works of an Electricity Entity from the requirement to carry and complete a National Driver Work Diary. Section 2 authorises the notice under Section 357 of the Heavy Vehicle National Law as in force in Queensland. Section 3 titles the notice as the National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption Notice 2018, while section 4 specifies that it commences on 16 July 2018. Section 5 states that the notice expires three years after publication. Section 6 provides definitions for terms used in the notice, such as 'Distribution Authority', 'Electricity Entity', 'Fatigue Management System', and 'Works of an Electricity Entity', ensuring clarity and consistency with other relevant legislation. Section 7 applies the notice to drivers of fatigue-regulated heavy vehicles employed by an Electricity Entity listed in Schedule 1 and carrying out activities on the works of an Electricity Entity. Section 8 grants the exemption from the requirement under Part 6.4 Division 2 Work Diary Requirements of the Heavy Vehicle National Law. Section 9 sets out the conditions for the exemption, including employment by an Electricity Entity listed in Schedule 1, possession of a copy of the notice, training under the Electricity Entity's Fatigue Management System, and compliance with that system. The National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption Notice 2018 (No. 1) imposes several obligations and requirements on the parties it governs. Firstly, section 9(1) requires drivers of fatigue-regulated heavy vehicles operating under this exemption to be employed by an Electricity Entity listed in Schedule 1. Secondly, section 9(2) mandates that these drivers must keep a copy of this notice in their possession. Thirdly, section 9(3) stipulates that drivers must be trained to the standards required by the Electricity Entity's Fatigue Management System and comply with that system. Fourthly, section 9(4) requires drivers to ensure that their name is listed with the Electricity Entity they are employed by as operating under this notice. Finally, section 9(5) imposes an obligation on drivers to nominate the Electricity Entity they are working for and provide the name and contact details for the person nominated by that Electricity Entity as responsible for the Fatigue Management System when requested by an authorised officer. Breach of the obligations and requirements set out in the National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption Notice 2018 (No. 1) may lead to various offences, penalties, or civil/criminal consequences. However, the notice itself does not specify any particular offences, penalties, or consequences for breach. Instead, the Heavy Vehicle National Law, under which this notice is made, provides the legal framework for addressing breaches of its provisions. For instance, section 357 of the Heavy Vehicle National Law allows for the imposition of civil penalties, including fines, for breaches of the law. Additionally, section 360 of the Heavy Vehicle National Law empowers authorised officers to take enforcement actions, such as issuing infringement notices or initiating prosecutions, for breaches of the law. Therefore, while the notice does not explicitly outline the consequences for breach, the broader legal framework provides mechanisms for addressing non-compliance with the obligations and requirements it sets out.