HEAVY VEHICLE NATIONAL LAW
National Heavy Vehicle Work Diary (COVID-19 Relief) Exemption Notice 2020 (No.1)
- Purpose
The purpose of this Notice is to allow a driver of a fatigue-regulated heavy vehicle who is unable to use the driver’s written work diary because it is filled up, destroyed, lost or stolen and is unable to get a replacement work diary due to service disruptions created by the Australian Human Biosecurity Emergency (COVID-19) to use supplementary records for up to 30 days.
2. Authorising Provision
This Notice is made under Section 357 of the Heavy Vehicle National Law as in force in participating jurisdictions.
3. Title
This Notice may be cited as the National Heavy Vehicle Work Diary (COVID-19 Relief) Exemption Notice 2020.
4. Commencement
This Notice commences on 1 April 2020.
5. Expiry
This Notice expires on 30 June 2020.
6. Definitions
Unless otherwise stated, words and expressions used in this Notice have the same meaning as those defined in the Heavy Vehicle National Law.
7. Application
1) This Notice applies to the driver of a fatigue-regulated heavy vehicle:
a) who is required to keep a work diary under Part 4.6 of the Heavy Vehicle National Law; and
b) whose written work diary has been filled up, destroyed, lost or stolen; and
c) who is unable to get a replacement due to closures or restrictions at an official location to purchase a written work diary, caused by the Australian Human Biosecurity Emergency (COVID-19).
8. Exemption
1) The driver of a fatigue regulated heavy vehicle to whom s7 applies is exempt from the requirements of s305 relating to the maximum time for which supplementary records may be used, to the extent that a reference to ‘7 business days’ means ’30 business days’; and
2) The driver of a fatigue regulated heavy vehicle to whom s7 applies is exempt from the requirements of s306 relating to the notification of the Regulator if a work diary is filled up, to the extent that a reference to ‘approved form’ also means ‘approved form or Regulator’s website’.
Note: under s306 of the HVNL, a driver must notify the Regulator that a work diary is filled up using an approved form. An approved form is normally only available from an official outlet or another work diary. For the purposes of this Notice, an approved form also means a form that may be found on the Regulator’s website.
9. Conditions
1) Drivers of fatigue-regulated heavy vehicles operating under this exemption must carry a copy the acknowledgement email issued by the Regulator after the receipt of notification under s306.
2) When requested by an authorised officer, a driver of a fatigue regulated heavy vehicle operating under this exemption must present the acknowledgement email issued by the Regulator.
Greg Fill
Director (Safety Assurance)
National Heavy Vehicle Regulator
Overview
The Heavy Vehicle National Law (COVID-19 Relief) Exemption Notice 2020 (No.1), enacted under the authority of Section 357 of the Heavy Vehicle National Law, was introduced to provide relief for drivers of fatigue-regulated heavy vehicles facing disruptions due to the COVID-19 pandemic. This legislation was necessary to address the practical difficulties these drivers encountered in obtaining a replacement work diary due to the emergency situation, which led to closures and restrictions at official locations. The Notice allows such drivers to use supplementary records for an extended period of up to 30 business days, rather than the usual 7 business days, and exempts them from certain notification requirements, thereby easing compliance burdens during a period of significant operational challenges.
This Notice, which comes into effect on 1 April 2020 and expires on 30 June 2020, was formulated to support the broader policy objective of ensuring road safety during the pandemic by accommodating the exceptional circumstances faced by drivers. The National Heavy Vehicle Regulator, in its capacity as the authorising body, issued this exemption to provide flexibility and support to the heavy vehicle industry during a time of unprecedented disruption.
Scope and Application
The National Heavy Vehicle Work Diary (COVID-19 Relief) Exemption Notice 2020 (No.1) applies to drivers of fatigue-regulated heavy vehicles who are unable to use their written work diaries due to them being filled up, destroyed, lost, or stolen, and who cannot obtain a replacement diary because of service disruptions caused by the Australian Human Biosecurity Emergency (COVID-19). This exemption is made under Section 357 of the Heavy Vehicle National Law as in force in participating jurisdictions, and it is designed to allow affected drivers to use supplementary records for up to 30 business days. The exemption extends the period within which supplementary records can be used and modifies the requirement to notify the Regulator about the loss or destruction of a work diary, allowing for notification via the Regulator's website in addition to the usual approved form. This Notice commences on 1 April 2020 and expires on 30 June 2020, providing temporary relief during the COVID-19 pandemic.
Key Provisions
The main sections of the National Heavy Vehicle Work Diary (COVID-19 Relief) Exemption Notice 2020 (No. 1) (sections 7 to 9) outline the application criteria, the exemptions provided, and the conditions under which these exemptions apply. Section 7 specifies that the Notice applies to drivers of fatigue-regulated heavy vehicles who have exhausted their written work diaries, and are unable to obtain replacements due to COVID-19 disruptions. Section 8 provides the exemptions, extending the period for using supplementary records from seven to 30 business days, and allowing the use of online forms for notifying the Regulator when a work diary is filled up. Section 9 sets out the conditions, requiring drivers to carry and present an acknowledgement email from the Regulator when requested by an authorised officer.
The obligations imposed on the parties governed by this Act include maintaining supplementary records for up to 30 business days instead of the usual seven (section 8(1)). Drivers must also carry a copy of the acknowledgement email sent by the Regulator after notifying them of the filled work diary, and present this email if requested by an authorised officer (section 9). The Notice also mandates the use of an approved form or the Regulator’s website for notifying the Regulator, expanding the means of notification beyond the usual physical forms (section 8(2)).
The Notice does not explicitly detail specific offences, penalties, or consequences for breaches within its text. However, it is reasonable to infer that breaches of the Heavy Vehicle National Law, of which this Notice is a part, could result in penalties as prescribed by that Law. Typically, such breaches could lead to civil penalties, fines, and potential criminal charges depending on the severity and nature of the breach. The Heavy Vehicle National Law would provide the specific details on penalties and consequences for non-compliance with the regulations it governs.