Heavy Vehicle National Law - National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2018 (No.1)

Overview

The National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2018 (No.1) was introduced to address the issue of work and rest hours for drivers of fatigue-regulated heavy vehicles engaging in permitted personal activities. Enacted under section 266 of the Heavy Vehicle National Law, this notice was designed to provide flexibility for drivers who need to use their vehicles for personal purposes, such as visiting family or running errands. This exemption is applicable only to solo drivers operating under Standard Hours as specified in the Heavy Vehicle (Fatigue Management) National Regulation. The primary policy objective is to allow drivers to conduct certain personal activities without these activities counting as work time, thereby not impacting their maximum work hours, while still requiring adherence to the necessary rest break requirements. The notice commenced on 1 February 2018 and is set to expire on 31 January 2021, providing a temporary measure to balance the needs of drivers with safety regulations.

Scope and Application

The National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2018 (No.1) applies to solo drivers of fatigue-regulated heavy vehicles operating under Standard Hours as defined in section 5 of the Heavy Vehicle (Fatigue Management) National Regulation. The Notice exempts such drivers from the maximum work hours allowed under Standard Hours when they engage in specified permitted personal activities, which are detailed in the Heavy Vehicle Advisory Publication - Personal Use of Fatigue-Regulated Heavy Vehicles. This exemption is intended to allow drivers to conduct certain personal activities without these activities counting towards their work time, while still ensuring that they comply with the required rest break requirement. The Notice does not apply to drivers who are operating under any other work and rest hours exemption or work and rest option. The exemption is available for a maximum of one extra hour in a 24-hour period, provided that the extra hour is not used in consecutive 24-hour periods and the vehicle is not carrying a load or towing another vehicle at the time of the permitted personal activity. The Notice includes conditions for recording the use of the extra hour for permitted personal activity and specifies that the exemption does not apply to activities conducted in the first and last three hours of any 24-hour rest break. This Notice is made under section 266 of the Heavy Vehicle National Law and it commenced on 1 February 2018, expiring on 31 January 2021.

Key Provisions

The National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2018 (No.1) (the Notice) was made under section 266 of the Heavy Vehicle National Law (HVNL) (section 2). It applies to solo drivers of fatigue-regulated heavy vehicles who are operating under the Standard Hours conditions outlined in section 5 of the Heavy Vehicle (Fatigue Management) National Regulation (the Regulation) (section 7). The Notice exempts such drivers from the maximum work hours permitted under Standard Hours (section 8), allowing them to engage in additional work activities for personal use, referred to as Permitted Personal Activity, for up to an extra hour within a 24-hour period (section 9). This extra hour is not counted towards the maximum work time under Standard Hours but must be taken in a single continuous period and is not applicable during the first and last three hours of any 24-hour rest break (section 9). The extra hour may not be used in consecutive 24-hour periods, and if used, must be recorded in the driver's work diary (sections 10 and 11). The exemption does not apply if the vehicle is carrying a load or towing another vehicle (section 12). Drivers operating under this Notice must comply with the Standard Hours requirements but are allowed an additional hour of work for Permitted Personal Activity, which is specified in the Heavy Vehicle Advisory Publication - Personal Use of Fatigue-Regulated Heavy Vehicles (section 9). The Notice specifies that the extra hour must be recorded in the driver's work diary if used, and the exemption cannot be used in the first and last three hours of any 24-hour rest break. The Notice also stipulates that the extra hour cannot be used in consecutive 24-hour periods and must be taken in a single continuous period (section 10). Additionally, drivers must ensure that the vehicle is not carrying a load or towing another vehicle when engaging in Permitted Personal Activity (section 12). There are no specific offences, penalties, or civil/criminal consequences outlined in the Notice itself for breaching its provisions. However, general compliance with the HVNL and the Regulation may lead to penalties if the driver does not adhere to the work and rest hour requirements. Violations of the HVNL or the Regulation could result in civil penalties, including fines, or criminal charges, depending on the severity and nature of the breach. The maximum penalties for breaches of the HVNL are set out in the Act, which may include substantial fines and imprisonment terms. For instance, under section 229 of the HVNL, a person who contravenes a provision of the Act can be fined up to 300 penalty units or, in the case of a corporation, up to 1,500 penalty units. Additionally, under section 229A, a person who is found guilty of an offence involving gross negligence may be subject to imprisonment for up to five years. The Notice itself primarily serves to clarify and provide specific exemptions within the broader framework of the HVNL and the Regulation.