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

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2017G00172 In force Gazette

Legislation content

 

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

 

Overview

The South Australia Emergency Services Fatigue Exemption Notice 2017 (No. 1) was enacted to address the need for fatigue-regulated heavy vehicle drivers involved in emergency services to be exempt from certain fatigue management record-keeping requirements under the Heavy Vehicle National Law. This notice, made under the authority of the Heavy Vehicle National Law as in force in South Australia, provides specific exemptions to drivers of heavy vehicles engaged in emergency services, including those responding to incidents causing injury, natural disasters, or disruptions to essential services. The notice is a replacement for the expired Road Traffic (Heavy Vehicle Driver Fatigue) (Emergencies) Notice 2011 and maintains the same exemptions with regard to the definition of emergency and special record-keeping requirements. The policy objective is to facilitate swift and effective emergency responses while ensuring that certain record-keeping requirements are still met to maintain safety standards. This notice, which commenced on 10 February 2017 and expires on 9 February 2018, applies to drivers of fatigue-regulated heavy vehicles who are urgently required in response to an emergency, under the direction of an emergency service supervisor, or involved in providing essential services. The exemptions provided by this notice allow for reduced administrative burdens on drivers during emergencies, subject to conditions such as mandatory rest periods and detailed record-keeping post-emergency. This ensures that while operational flexibility is granted, the safety and regulatory frameworks remain upheld.

Scope and Application

The South Australia Emergency Services Fatigue Exemption Notice 2017 applies to drivers of fatigue-regulated heavy vehicles who are involved in specified types of emergency work in South Australia, including those urgently required in response to an emergency, under the direction of a supervisor of an emergency service, or required for the provision of an essential service or the repair or replacement of infrastructure related to an essential service. The Notice exempts such drivers from certain fatigue management record-keeping requirements under the Heavy Vehicle National Law. The exemption extends to drivers who are travelling to an emergency, being used in the course of or in relation to an emergency, or returning from an emergency. The Notice is made under specific sections of the Heavy Vehicle National Law, including sections 266, 357, and 378, which grant the Regulator power to exempt certain drivers from particular maximum work requirements, minimum rest requirements, work diary requirements, and fatigue record-keeping requirements. The Notice replaces the Road Traffic (Heavy Vehicle Driver Fatigue) (Emergencies) Notice 2011, which expired on 9 February 2017, and extends the exemptions in the previous Notice in the same terms. The Notice commences on 10 February 2017 and expires on 9 February 2018.

Key Provisions

The main operative sections of the South Australia Emergency Services Fatigue Exemption Notice 2017 (No. 1) provide exemptions from fatigue management record keeping requirements under the Heavy Vehicle National Law for drivers of fatigue-regulated heavy vehicles carrying out specified types of emergency work in South Australia. Section 8 of the Notice exempts such drivers from certain provisions of Chapter 6 of the Heavy Vehicle National Law, as well as specific record keeping requirements in Part 4 of Chapter 6. These exemptions are contingent on the drivers meeting certain conditions, such as ensuring they have had adequate rest before commencing a return journey and maintaining written records detailing their work time, rest time, and other relevant information. The Notice also includes a definition of "emergency" and "emergency service" which are integral to understanding the scope of the exemptions. The obligations and requirements imposed by the Notice include ensuring that drivers of fatigue-regulated heavy vehicles have at least 10 hours of rest, including 6 continuous hours of stationary rest, within the 24 hours preceding the commencement of a return journey. Additionally, drivers must maintain specific written records detailing their activities before the return journey and at the end of each day during the journey. These records must be kept for a period of not less than three years, either by the driver or the driver’s record keeper. The records should include details such as the description of the emergency, estimates of work and rest times, the driver’s personal information, and the vehicle’s registration number, date, and distance travelled. Failure to comply with the conditions outlined in the Notice may result in civil or criminal consequences. Although specific penalties are not mentioned in the Notice itself, it is important to note that breaches of the Heavy Vehicle National Law can lead to penalties as prescribed by the law. These penalties may include fines and other sanctions that could vary depending on the nature and severity of the breach. Drivers and record keepers are expected to adhere to the Notice to avoid any legal repercussions.

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Area of Law
Commercial Law
Instrument
Notice
Concepts
Definitions & Interpretation
Regulatory Standards
Exemptions & Exclusions
Catchwords
Emergency Services Fatigue

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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.