Heavy Vehicle National Law
New South Wales Work Diary Exemption Notice 2020 (No. 1)
1 Purpose
The purpose of this Notice is to exempt drivers of fatigue-regulated heavy vehicles carrying out specified classes of work in New South Wales from the requirement to keep and record information in a work diary and to specify the conditions of the exemption under this Notice.
2 Authorising Provision(s)
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 New South Wales Work Diary 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—
Disrupted railway passenger service means a rail passenger service operated by a NSW entity which is subject to an unplanned disruption which is sufficiently serious to require the provision of one or more rail replacement bus services.
Rail replacement bus service means a bus service provided by an accredited operator (as provided for under the Passenger Transport Act 1990 (NSW) or the Passenger Transport Act 2014 (NSW) whichever is operative at the relevant time) for the purpose of carrying passengers, and persons who were proposing to be passengers, of a disrupted railway passenger service.
Contracted bus service means a bus service of the type referred to in section 39 of the Passenger Transport Act 2014 (NSW) and provided under a passenger services contract as required under that section or a regular bus service as defined in the Passenger Transport Act 1990 (NSW) and provided under a contract as required by section 16 of the Passenger Transport Act 1990 (NSW) which is still valid.
7 Application
(1) This Notice applies to drivers of fatigue-regulated heavy vehicles carrying out the following classes of work in New South Wales—
(a) driving a bus that is providing a contracted bus service; or
(b) driving a bus that is providing a rail replacement bus service; or
(c) driving a heavy vehicle in the course of employment with a local government authority within the boundaries of that local government authority.
8 Exemption
This notice provides an exemption from the requirement to comply with Subdivisions 1 to 5 of Division 2 of Part 6.4 of the Heavy Vehicle National Law.
9 Conditions
This Notice applies on the condition that the record keeper for the driver records and keeps the information specified in section 319 of the HVNL in respect of the classes of work to which this Notice applies.
Geoff Casey
Executive Director (Safety Standards and Assurance)
National Heavy Vehicle Regulator
Overview
The Heavy Vehicle National Law New South Wales Work Diary Exemption Notice 2020 (No. 1) was enacted to address the issue of fatigue management among drivers of certain heavy vehicles operating in New South Wales. This Notice was made under Section 357 of the Heavy Vehicle National Law and is intended to exempt drivers of fatigue-regulated heavy vehicles involved in specific types of work within the state from the requirement to maintain and record information in a work diary. The Notice specifies the conditions under which this exemption applies, including the need for the record keeper to retain the information required by section 319 of the Heavy Vehicle National Law (HVNL) for the exempted classes of work. The policy objective is to provide flexibility in fatigue management for certain heavy vehicle operations, ensuring they comply with broader safety standards while addressing specific operational needs in New South Wales. This exemption is effective from 10 February 2020 and will remain in force until 9 February 2023, subject to the conditions specified in the Notice.
Scope and Application
The New South Wales Work Diary Exemption Notice 2020 applies specifically to drivers of fatigue-regulated heavy vehicles who are engaged in certain classes of work within New South Wales. This includes drivers operating buses that provide contracted bus services or rail replacement bus services, as well as drivers working for local government authorities within their respective boundaries. The exemption provided by this Notice is limited to the specified classes of work and is subject to the condition that the record keeper for the driver must record and retain the information as outlined in section 319 of the Heavy Vehicle National Law. The Notice does not alter the definition of terms used unless specifically stated and draws on definitions provided in the Heavy Vehicle National Law for other terms. This Notice was made under Section 357 of the Heavy Vehicle National Law as it applies in participating jurisdictions and commenced on 10 February 2020, expiring on 9 February 2023.
Key Provisions
The main sections of the New South Wales Work Diary Exemption Notice 2020 (No. 1) focus on exempting certain drivers from the requirement to keep and record information in a work diary. Specifically, Section 7 details the classes of work and vehicles that are subject to this exemption. These include drivers operating buses that provide contracted bus services (Section 7(1)(a)), those driving buses that serve as rail replacement bus services (Section 7(1)(b)), and drivers of heavy vehicles employed by local government authorities within their jurisdictional boundaries (Section 7(1)(c)). The Notice exempts these drivers from the obligations specified in Subdivisions 1 to 5 of Division 2 of Part 6.4 of the Heavy Vehicle National Law (Section 8).
The Notice imposes several obligations on the entities and individuals it governs. Primarily, it requires the record keeper for the driver to ensure that the information specified in Section 319 of the Heavy Vehicle National Law is recorded and maintained for the exempted classes of work (Section 9). This means that while drivers are exempt from keeping a work diary, the entity responsible for maintaining the driver’s records must still ensure that all relevant information is properly documented and kept on file.
The Notice also outlines potential consequences for non-compliance. While the document does not explicitly list specific offences, penalties, or civil/criminal consequences, it is clear that any breach of the conditions outlined in the Notice could lead to legal repercussions. Given that the Notice is made under Section 357 of the Heavy Vehicle National Law, any failure to comply with the terms of the exemption could result in enforcement actions under the overarching legislative framework. This might include fines, legal proceedings, or other regulatory actions as deemed necessary by the authorities.
In summary, the New South Wales Work Diary Exemption Notice 2020 (No. 1) exempts certain drivers from diary-keeping requirements but places the onus on record keepers to ensure compliance with documentation standards. The Notice operates under the broader Heavy Vehicle National Law, meaning any breaches could attract penalties or other enforcement actions as stipulated in that legislation.