Heavy Vehicle National Law - South Australia Emergency Services Fatigue Exemption Notice 2017 (No. 1)

Heavy Vehicle National Law

South Australia Emergency Services Fatigue Exemption Notice 2017 (No. 1)

1         Purpose

The purpose of this Notice is to exempt drivers of fatigue-regulated heavy vehicles carrying out specified types of emergency work in South Australia from certain fatigue management record keeping requirements under this Notice.

Note: This notice replaces the Road Traffic (Heavy Vehicle Driver Fatigue) (Emergencies) Notice 2011 published in the South Australian Government Gazette on 22 September 2011, and that expired on 9 February 2017.

This notice extends the exemptions in the previous South Australian Notice in the same terms, in particular with regard to the following;

1. the definition of emergency; and
2. special record keeping requirements.

2         Authorising Provision(s)

(1)    This notice is made under the following provisions of the Heavy Vehicle National Law as in force in South Australia:

(a)     s266- Regulator’s power to exempt class of drivers from particular maximum work requirements and minimum rest requirements;

(b)     s357- Regulator’s power to exempt particular drivers from work diary requirements; and

(c)      s378- Regulator’s power to exempt record keepers from fatigue record keeping requirements.

3         Title

This notice may be cited as the South Australia Emergency Services Fatigue Exemption Notice 2017.

4         Commencement

This notice commences on 10 February 2017.

5         Expiry

This notice expires on 9 February 2018.

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—

Emergency means an event that causes, or threatens to cause:

(a)     an event that causes injury to any person; or

(b)     a flood, fire, explosion, natural disaster or similar event; or

(c)      a disruption to essential services.

Note: This definition is identical to the definition in the expired Road Traffic (Heavy Vehicle Driver Fatigue) (Emergencies) Notice 2011.

Emergency Service means

(a)     the South Australian Metropolitan Fire Service; or

(b)     South Australia Police; or

(c)      SA Ambulance Service Inc; or

(d)     the South Australian State Emergency Service; or

(e)     an organisation in another jurisdiction corresponding to an organisation referred to in a preceding paragraph; or

(f)       any other organisation declared by the Minister by notice in the Gazette to be included in the ambit of this definition.

Note: This definition is identical to the definition in regulation 57 of the repealed Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008 (South Australia).

7         Application

(1)    This Notice applies to drivers of fatigue regulated heavy vehicles that are:

(a)     urgently required in response to an emergency; or

(b)     under the direction of a supervisor of an emergency service who is controlling or assisting in the response to an emergency; or

(c)      required in relation to the provision of an essential service, or for the repair or replacement of infrastructure related to an essential service.

(2)    This Notice applies to drivers of fatigue regulated heavy vehicles to which s7(1) applies under the following circumstances:

(a)     travelling to an emergency; or

(b)     being used in the course of, or in relation to, an emergency; or

(c)      returning from an emergency (the driver of the vehicle having ceased to be involved in the emergency).

Note: Application is identical to the application of the expired Road Traffic (Heavy Vehicle Driver Fatigue) (Emergencies) Notice 2011

8         Exemption

(1)    This notice provides an exemption from the following requirements of the Heavy Vehicle National Law:

(a)     For drivers operating in circumstances set out in s7(2)(a) and (b), Chapter 6 of the Heavy Vehicle National Law except Part2 Divisions 1 and 2; or

(b)     For drivers operating in circumstances set out in s7(2)(c), the following provisions of Chapter 6, Part 4- Requirements about record keeping:

1. Division 2- Work diary requirements
2. Division 3- Records relating to drivers.

9         Conditions

(1)    An exemption conferred by s8(b) of this notice is subject to the following conditions:

(a)     the driver of the relevant vehicle must, before commencing the return journey, have had not less than 10 hours of rest time (including not less than 6 continuous hours of stationary rest time) during the 24 hours preceding commencement of the return journey; and

(b)     the driver of the relevant vehicle must make—

1. the following written records, to be made before commencing the return journey:
   1. a description of the emergency;
   2. an estimate of the driver's work time and rest time during the 24 hours preceding commencement of the return journey;
   3. the driver's name and driver's licence number, and the State or Territory in which the licence was issued; and

ii.            the following written records, to be made at the end of each day on which the driver drove a regulated heavy vehicle during the return journey:

1. the registration number of the regulated heavy vehicle;
2. the date for that day;
3. an estimate of the driver's work time and rest time during that day;
4. an estimate of the distance travelled on that day; and

(c)      the driver of the relevant vehicle must keep a record referred to in paragraph (b) for a period of not less than 3 years after it is created (however this condition will be taken to have been complied with if the record keeper for the driver keeps the record for that period).

Note: This condition is identical to the condition under clause 6 of the expired Road Traffic (Heavy Vehicle Driver Fatigue) (Emergencies) Notice 2011

Dated:  8 February 2017

Sal Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator