Heavy Vehicle National Law - New South Wales Fatigue Record-Keeping Exemption Notice 2019 (No. 1)

Overview

The Heavy Vehicle National Law New South Wales Fatigue Record-Keeping Exemption Notice 2019 (No. 1) was introduced to address the specific need to exempt record keepers for drivers of fatigue-regulated heavy vehicles from the requirement to maintain records of driver work and rest time in certain circumstances within New South Wales. Enacted under Section 378 of the Heavy Vehicle National Law as in force in participating jurisdictions, this Notice was made by the National Heavy Vehicle Regulator, with Geoff Casey, Executive Director (Productivity and Safety), serving as the authorising body. The policy objective behind this exemption is to alleviate administrative burdens on record keepers while ensuring that drivers of fatigue-regulated heavy vehicles still adhere to the broader safety standards set out by the Heavy Vehicle National Law. The Notice is effective from 10 February 2019 and will expire on 9 February 2022, carrying forward the exemptions and conditions of its predecessor, the New South Wales Fatigue Record-Keeping Exemption Notice 2017 (No. 2).

Scope and Application

The New South Wales Fatigue Record-Keeping Exemption Notice 2019 applies to record keepers for drivers of fatigue-regulated heavy vehicles that are engaged in specific classes of work within New South Wales. This exemption, which came into effect on 10 February 2019 and will remain in force until 9 February 2022, is made under Section 378 of the Heavy Vehicle National Law as it applies in participating jurisdictions. It exempts these record keepers from the requirement to keep records of driver work and rest time, a requirement that is otherwise imposed under Division 3 of Part 6.4 of Chapter 6 of the Heavy Vehicle National Law. The exemption applies to drivers engaged in work within a radius of 100 km or less from their base if the primary purpose of the business is motor dealing, repair, inspection, maintenance or testing, manufacturing heavy vehicles, or the hire and rental of heavy vehicles. It also applies to drivers working within a radius of 160 km or less from their base for the purpose of primary production, which includes activities such as the cultivation of land for sale, maintenance of animals or bees for sale, and the transportation of animals or produce in connection with their sale. The notice carries forward the exemptions and conditions from the previous New South Wales Fatigue Record-Keeping Exemption Notice 2017 (No. 2), which expired on 9 February 2019.

Key Provisions

The New South Wales Fatigue Record-Keeping Exemption Notice 2019 (No. 1) (the "Notice") aims to exempt certain record keepers from the requirement to keep records of driver work and rest time for fatigue-regulated heavy vehicles. This Notice applies to drivers engaged in specified classes of work within New South Wales, as detailed in Section 7 (1). It exempts record keepers from the record-keeping obligations set out in Division 3 of Part 6.4 of Chapter 6 of the Heavy Vehicle National Law (Section 8). The Notice comes into effect on 10 February 2019 and will expire on 9 February 2022 (Sections 4 and 5). The definition of primary production in the Notice is given in Section 6 (2) and includes activities such as cultivating land, maintaining animals, and transporting animals or produce in connection with their sale. Under this Notice, the obligations for record keepers are limited to the exempted activities specified in Section 7 (1). For instance, if a driver of a fatigue-regulated heavy vehicle is engaged in motor dealing, repair, inspection, maintenance or testing, or the manufacture of heavy vehicles, or if they are hired for the rental of heavy vehicles within a 100km radius of their base, or if they are involved in primary production within a 160km radius of their base, the record keeper is exempt from the usual record-keeping requirements. These exemptions apply specifically to the classes of work and geographical limitations outlined in Section 7 (1)(a) and (b). The Notice does not create specific offences or penalties for non-compliance, as it primarily functions to exempt certain activities from record-keeping requirements. However, if a record keeper fails to comply with the general obligations of the Heavy Vehicle National Law outside the scope of this exemption, they may be subject to the penalties and consequences outlined in the primary legislation. These could include fines, imprisonment, or other civil or criminal consequences, as detailed in the Heavy Vehicle National Law.