Heavy Vehicle National Law - National Livestock Welfare Work and Rest Exemption Notice 2020 (No. 1)

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Legislation au C2020G00131 In force Gazette

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Heavy Vehicle National Law

National Livestock Welfare Work and Rest Exemption Notice 2020 (No. 1)

1         Purpose

 

To exempt drivers of fatigue-regulated heavy vehicles carrying livestock from specified work time requirements if additional time is needed to respond to situations where the welfare of the livestock is or was at risk.

 

Note: This Notice replaces the National Livestock Welfare Work and Rest Exemption Notice 2017.

 

2         Authorising Provision(s)

This notice is made under Section 266 of the Heavy Vehicle National Law as in force in participating jurisdictions.

3         Title

This notice may be cited as the National Livestock Welfare Work and Rest Exemption Notice 2020.

4         Commencement

This notice commences on 10 February 2020.

5         Expiry

This notice expires on 9 February 2023.

6         Definitions

(1) Unless otherwise stated, words and expressions used in this Notice have the same meaning as those defined in the Heavy Vehicle National Law.

(2) In this Notice—

Livestock means animals of a class of cattle, sheep, goats, pigs, horses, poultry, emus, ostrich, alpaca, deer, camel or buffalo.

Note:-  the above definition is drawn from the set of animals with welfare rights under the Australian Animal Welfare Standards and Guidelines – Land Transport of Livestock, published by the Australian Government Department of Agriculture, Fisheries and Forestry.

Livestock welfare incident means a reasonably unforeseeable event or set of circumstances arising in the course of a journey that adversely impacts on the welfare of livestock carried as part of a vehicle’s load.

 

 

7         Application

(1)    This Notice applies to the solo drivers of fatigue-regulated heavy vehicles who are operating under standard hours or the BFM hours, where:

(a)     the load of the vehicle is livestock; and

(b)     a livestock welfare incident occurs in the course of a journey; and

(c)      the driver takes action to correct or mitigate the incident or circumstances; and

(d)     as a result of taking that action the driver will exceed maximum work hours before the livestock can be unloaded at the livestock’s designated point of delivery.

(2)    This Notice also applies when a solo driver of a fatigue-regulated heavy vehicle reasonably believes that compliance with standard hours or BFM hours work and rest limits will result in a livestock welfare incident, and that using this exemption will remove or reduce the risk of that incident.

8         Exemption

(1)    This notice provides an exemption for maximum work requirements and minimum work requirements in the following instances:

(a)    If the driver is operating under standard hours, s5(1) and (2) of the Heavy Vehicle (Fatigue Management) National Regulation; or

(b)    if the driver is operating under Basic Fatigue Management Accreditation, s9(1) and (2) of the Heavy Vehicle (Fatigue Management) National Regulation.

9         Conditions- Maximum Work Limits

(1)    The maximum work times that apply to a driver operating under this exemption are as follows:

(a)    a driver operating under standard hours may work a maximum of:

  1. 13 hours in any period of 24 hours; and
  2. 73 hours in any period of 7 days, only when this exemption applies during the last 24 hours in the 7 day period; and
  3. 146 hours in any period of 14 days, only when this exemption applies during the last 24 hours in the 14-day period.

(b)    a driver operating under BFM hours may work a maximum of:

  1. 15 hours in any period of 24 hours; and
  2. 145 hours in any period of 14 days, only when this exemption applies during the last 24 hours in the 14-day period.

 

 

 

 

 

10     Conditions- Minimum Rest Limits

(1)    The minimum rest times that apply to a driver operating under this exemption are as follows:

(a)    a driver operating under Standard hours must have a period of continuous stationary rest time of at least 7 hours plus twice the amount of time the driver worked in excess of 12 hours on the day the driver operated in accordance with this exemption, between finishing work on the day the driver worked in accordance with this exemption and resuming work; or

(b)    a driver operating under BFM hours must have a period of continuous stationary rest time of at least 7 hours plus twice the amount of time the driver worked in excess of 14 hours on the day the driver operated in accordance with this exemption, between finishing work on the day the driver worked in accordance with this exemption and resuming work.

11     Conditions – Record Keeping

(1)    The driver must, as soon as practicable after becoming aware they will be working under the exemption, make a record which includes the following information:

(a)    the amount of time spent working under this exemption; and

(b)    the circumstances which resulted in risks to the welfare of the livestock; and

(c)     the time, date and location when the driver became aware of these circumstances.

(2)    The written record required to be made by the driver must:

(a)    in the case of a driver who is required to record information in a work diary on the day on which the driver operated in accordance with this exemption – be made in the driver’s work diary, on the relevant daily sheet and provided to the driver’s record keeper within 21 days; or

(b)    in any other case – be made in writing and provided to the driver’s record keeper as soon as practicable, but no later than 21 days.

(c)     The record keeper of the driver must keep the record for 3 years after they it is created.

 

Geoff Casey

Executive Director (Safety Standards and Assurance)

National Heavy Vehicle Regulator

Overview

The National Livestock Welfare Work and Rest Exemption Notice 2020 (No. 1) was enacted to address the problem of drivers of fatigue-regulated heavy vehicles carrying livestock being unable to meet work time requirements due to unforeseen circumstances impacting the welfare of the livestock during transport. This notice, made under Section 266 of the Heavy Vehicle National Law, aims to provide exemptions from certain work and rest requirements to allow drivers to take necessary actions to safeguard livestock welfare. The notice was introduced by the National Heavy Vehicle Regulator and is designed to balance the need for livestock welfare with the regulatory requirements of drivers' work hours. It commenced on 10 February 2020 and will expire on 9 February 2023 unless otherwise amended. The policy objective is to ensure that drivers can act in the best interest of the animals without being unduly penalised by fatigue regulations, while also maintaining safety and welfare standards within the heavy vehicle transport industry.

Scope and Application

The National Livestock Welfare Work and Rest Exemption Notice 2020 (No. 1) applies to solo drivers of fatigue-regulated heavy vehicles who are transporting livestock and find themselves in situations where the welfare of the livestock is at risk. This notice is specifically designed for drivers operating under standard hours or the Basic Fatigue Management (BFM) hours when they must exceed their maximum work hours to address a livestock welfare incident or to prevent such an incident from occurring. This exemption is granted under Section 266 of the Heavy Vehicle National Law as in force in participating jurisdictions. The exemption covers the extended work hours required to address unforeseeable events or circumstances impacting the welfare of livestock during transportation, as defined in the Australian Animal Welfare Standards and Guidelines. This notice does not apply to drivers who are not operating under standard hours or BFM hours, nor does it apply in cases where the driver does not take action to correct or mitigate a livestock welfare incident or reasonably believe that such action is necessary. The notice sets out specific maximum work and minimum rest limits for drivers operating under this exemption and requires drivers to maintain records of the time spent working under the exemption and the circumstances that necessitated it.

Key Provisions

The main operative sections of the National Livestock Welfare Work and Rest Exemption Notice 2020 (No. 1) (the "Notice") outline its purpose, application, and the specific exemptions and conditions for drivers of fatigue-regulated heavy vehicles carrying livestock. Section 1 states the purpose of the Notice, which is to exempt drivers from certain work time requirements when responding to situations where livestock welfare is at risk. Section 7 details the application of the Notice to solo drivers operating under standard hours or Basic Fatigue Management (BFM) hours when a livestock welfare incident occurs, or when the driver reasonably believes compliance with work and rest limits will lead to a welfare incident. Section 8 provides the exemptions from maximum work requirements and minimum rest limits, while Section 9 and Section 10 detail the specific maximum work and minimum rest conditions that apply under the exemption. Section 11 sets out the record-keeping requirements for drivers, including the information to be recorded and the timeframes for doing so. The obligations and requirements imposed by the Notice include the need for drivers to take action to correct or mitigate livestock welfare incidents and to exceed work hours if necessary, as well as to reasonably believe that compliance with work and rest limits will result in a welfare incident. Section 7(1)(b) requires the driver to reasonably believe that using the exemption will remove or reduce the risk of a livestock welfare incident. Section 9 and Section 10 set out the specific maximum work and minimum rest conditions that apply under the exemption. Section 11 requires the driver to make a record of the time spent working under the exemption, the circumstances which resulted in risks to livestock welfare, and the time, date, and location when the driver became aware of these circumstances. The driver must provide this record to their record keeper within 21 days, and the record keeper must keep the record for 3 years. The Notice also outlines the potential consequences for breach. While the Notice itself does not explicitly state offences, penalties, or civil/criminal consequences for breach, breaches of the Heavy Vehicle National Law (HVNL) or the Heavy Vehicle (Fatigue Management) National Regulation (HVFMNR), which this Notice is made under, may result in penalties. For example, under the HVNL, an individual may be fined up to $16,500 for an offence related to fatigue management, and a corporation may be fined up to $82,500. Additionally, under the HVFMNR, an individual may be fined up to $11,000 for an offence related to fatigue management, and a corporation may be fined up to $55,000. The specific penalties will depend on the nature and severity of the breach, as well as any relevant mitigating or aggravating factors.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.