Heavy Vehicle National Law - National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2021 (No.1)

Overview

The National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2021 (No.1) was enacted to address the issue of solo drivers of fatigue-regulated heavy vehicles engaging in personal activities that fall outside the standard work hours but within the scope of activities that might be considered work under the Heavy Vehicle (Fatigue Management) National Regulation. This notice was formulated under section 266 of the Heavy Vehicle National Law and came into effect on 5 February 2021, with an expiration date of 4 February 2024. The primary objective of this notice is to exempt certain personal activities from being counted as work time, thereby allowing drivers an additional hour in a 24-hour period for these activities without affecting their maximum work hours. This exemption is contingent on specific conditions, such as not applying to activities conducted during the first and last three hours of a rest break, and ensuring that the extra hour is not used in consecutive 24-hour periods. The notice also mandates that drivers record the time spent on permitted personal activities in their work diaries, ensuring compliance and transparency in their work and rest schedules.

Scope and Application

The National Heavy Vehicle Work and Rest Hours Exemption (Personal Use) Notice 2021 (No.1) applies specifically to solo drivers of fatigue-regulated heavy vehicles who operate under the Standard Hours prescribed by section 5 of the Heavy Vehicle (Fatigue Management) National Regulation. This exemption is intended for drivers who are otherwise subject to the Standard Hours regime but need to conduct certain personal activities that are defined as Permitted Personal Activity. Notably, the exemption does not extend to drivers operating under other work and rest hours exemptions or work and rest options. The Notice allows an additional hour of work in a 24-hour period for Permitted Personal Activity, provided the activity is not performed during the first and last three hours of any 24-hour rest break and is taken as a single continuous period. However, this extra hour does not count towards the Maximum Work Time under the Regulation. Additionally, the use of this extra hour is restricted to non-consecutive 24-hour periods, ensuring that drivers transition back to Standard Hours on subsequent days. Drivers must record the use of this exemption in their work diary under the Comments Section for the respective day. The Notice is made under section 266 of the Heavy Vehicle National Law and commenced on 5 February 2021, expiring on 4 February 2024.

Key Provisions

The main operative sections of this notice, commencing on 5 February 2021 and expiring on 4 February 2024, establish exemptions for certain personal use activities from the definition of work for solo drivers of fatigue-regulated heavy vehicles under the Heavy Vehicle National Law (HVNL). The Notice, made under section 266 of the HVNL, specifies that solo drivers can engage in permitted personal activities without these activities counting as work time under Standard Hours, as per section 5 of the Heavy Vehicle (Fatigue Management) National Regulation. These permitted activities are outlined in the Heavy Vehicle Advisory Publication - Personal Use of Fatigue-Regulated Heavy Vehicles. Drivers may drive or perform tasks related to their vehicle for up to an additional one hour in a 24-hour period for permitted personal activities, but this extra hour does not count towards the maximum work time limit. This extra hour must be taken in a single continuous period and cannot be used in consecutive 24-hour periods, nor during the first or last three hours of a 24-hour rest break. The obligations imposed by this notice require drivers to comply with Standard Hours requirements, but with the allowance for one extra hour of driving for permitted personal activities. Drivers must record in their work diary when they use this extra hour, and the use of this extra hour is contingent upon the vehicle not carrying a load or towing another vehicle. The notice also mandates that drivers must always nominate the exemption as their work and rest options arrangement when operating under the notice. Breaching the conditions of this notice may lead to legal consequences, although the specific penalties are not detailed in the notice itself. However, it is reasonable to infer that violations could result in penalties under the HVNL, which includes potential fines and other enforcement actions as prescribed by the law. Drivers must ensure compliance with all terms and conditions outlined in the notice to avoid any adverse outcomes or penalties.