Heavy Vehicle National Law - South Australian Country Fire Service Fatigue Exemption Notice 2017 (No. 1)

Heavy Vehicle National Law

South Australian Country Fire Service Fatigue Exemption Notice 2017 (No. 1)

1         Purpose

The purpose of this Notice is to exempt drivers of fatigue-regulated heavy vehicles conducting certain operations for, or on behalf of, the South Australian Country Fire Service from work and rest hours requirements, and the requirement to keep and record information in a work diary under the Heavy Vehicle National Law.

Note: This notice replaces the Road Traffic (Heavy Vehicle Driver Fatigue) (SACFS) Notice 2011 published in the South Australian Government Gazette on 21 April 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 the definition of emergency is the same as regulation 57 of the repealed Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008 (South Australia); and
2. it has special application to the South Australian Country Fire Service.

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 Australian Country Fire Service 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)     the death of, or injury or other damage to the health of, any person; or

(b)     the destruction of, or damage to, any property; or

(c)      a disruption to essential services or to services usually enjoyed by the community; or

(d)     harm to the environment, or to flora or fauna.  

Note: This definition is identical to the definition in regulation 57 of the repealed Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008 (South Australia).

SAFCS means South Australian Country Fire Service.

7         Application

(1)    This Notice applies to drivers of fatigue regulated heavy vehicles used by, or on behalf of, SACFS in the following circumstances—

(a)     the return of a vehicle from an emergency, or from a place at which activities related to an emergency were undertaken;

(b)     the use of a vehicle for a purpose related to an official function or duty of the SACFS, other than in circumstances where the exemption conferred under s265 of the Heavy Vehicle National Law applies.

Note: Application is identical to the application of the expired Road Traffic (Heavy Vehicle Driver Fatigue) (SACFS) Notice 2011, transitioning a reference in regulation 57 of the repealed Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008 (SA) to the equivalent HVNL provision.

(2) It is a condition of an exemption conferred by this notice that SACFS and any person driving a regulated heavy vehicle pursuant to the exemption must each comply with any policy prepared or adopted by SACFS relating to the management of fatigue in drivers of heavy vehicles.

Note: Section 164B of the Road Traffic Act 1961 provides that if a person contravenes or fails to

comply with a condition specified in an exemption, the exemption does not, while the 

contravention or non-compliance continues, operate in that person's favour.

8         Exemption

(1)    This notice provides an exemption from the following requirements of Chapter 6 of the Heavy Vehicle National Law:

(a)     Part 3- Requirements relating to work and rest time; and

(b)     Part 4- Requirements about record keeping:

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

Dated:  8 February 2017

Sal Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator