HEAVY VEHICLE NATIONAL LAW
Heavy Vehicle New South Wales Work Diary Exemption Notice 2026 (No.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.
Note: This Notice replaces the New South Wales Work Diary Exemption Notice 2023 (No.1) on its expiry.
- Authorising Provision(s)
This notice is made under Section 357 of the Heavy Vehicle National Law as in force in participating jurisdictions.
- Title
This notice may be cited as the Heavy Vehicle New South Wales Work Diary Exemption Notice 2026 (No.1).
- Commencement
This notice commences on 10 February 2026.
- Expiry
This notice expires on 9 February 2029.
- Definitions
- Unless otherwise stated, words and expressions used in this Notice have the same meaning as those defined in the Heavy Vehicle National Law.
- 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.
- Application
- This Notice applies to drivers of fatigue-regulated heavy vehicles carrying out the following classes of work in New South Wales:
- driving a bus that is providing a contracted bus service; or
- driving a bus that is providing a rail replacement bus service; or
- driving a heavy vehicle in the course of employment with a local government authority within the boundaries of that local government authority.
- 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.
- 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.
Paul Daly
Director, Strategic Policy
National Heavy Vehicle Regulator
Overview
The Heavy Vehicle New South Wales Work Diary Exemption Notice 2026 (No.1) was enacted to address a specific operational gap for drivers of fatigue-regulated heavy vehicles in New South Wales, providing an exemption from certain record-keeping requirements under the Heavy Vehicle National Law. This notice, made under Section 357 of the Heavy Vehicle National Law, replaces the previous exemption notice from 2023, aiming to streamline the regulatory requirements for certain classes of work while ensuring compliance with safety standards. The exemption applies to drivers carrying out work such as providing contracted or rail replacement bus services and operating heavy vehicles for local government authorities within their jurisdictional boundaries. The policy objective of this Notice is to facilitate smoother operations for these drivers while maintaining the necessary safety oversight by requiring record keepers to maintain specified records.
Scope and Application
The Heavy Vehicle New South Wales Work Diary Exemption Notice 2026 (No.1) applies to drivers of fatigue-regulated heavy vehicles who are engaged in specific types of work within New South Wales. These include drivers operating buses that provide contracted bus services, those providing rail replacement bus services, and drivers employed by local government authorities to operate heavy vehicles within their jurisdictional boundaries. This Notice aims to exempt these drivers from the obligation to maintain and record information in a work diary as stipulated under the Heavy Vehicle National Law (HVNL). The exemption is contingent upon the condition that the record keeper for the driver maintains the specified information as outlined in section 319 of the HVNL. This Notice is made under Section 357 of the HVNL as it applies in participating jurisdictions and is effective from 10 February 2026, expiring on 9 February 2029.
Key Provisions
The Heavy Vehicle New South Wales Work Diary Exemption Notice 2026 (No.1) (section 3) applies to drivers of fatigue-regulated heavy vehicles engaged in specific classes of work within New South Wales. These classes include driving buses providing contracted bus services (section 4(a)), rail replacement bus services (section 4(b)), and operating heavy vehicles for local government authorities within their jurisdictional boundaries (section 4(c)). This Notice serves to exempt these drivers from the general requirement to maintain and record information in a work diary, as stipulated in Subdivisions 1 to 5 of Division 2 of Part 6.4 of the Heavy Vehicle National Law. However, the exemption is contingent on the condition that the record keeper for the driver must still record and retain the information specified in section 319 of the Heavy Vehicle National Law (HVNL) for the mentioned classes of work (section 5).
The obligations imposed by this Notice are primarily administrative and record-keeping focused. For the exempted drivers, the primary obligation is that their employers or record keepers must ensure that the necessary information, as outlined in section 319 of the HVNL, is accurately recorded and maintained. This requirement underscores the importance of ensuring that, despite the exemption from work diary obligations, the essential data regarding driver hours, rest periods, and other relevant fatigue management metrics are still documented and preserved (section 5). Such records are crucial for compliance with broader fatigue management regulations and for ensuring the safety and well-being of both drivers and the public.
In terms of consequences for non-compliance, the Notice does not explicitly detail specific offences or penalties within its text. However, the overarching Heavy Vehicle National Law under which this Notice is made does provide a framework for potential penalties. Violations of the Heavy Vehicle National Law can result in both civil and criminal penalties, with the specifics of these penalties depending on the nature and severity of the breach. Civil penalties may include fines, while criminal penalties could potentially involve imprisonment, reflecting the serious nature of non-compliance with road safety and fatigue management regulations (section 357). The precise penalties would be determined in accordance with the provisions of the Heavy Vehicle National Law and any relevant state or territory legislation.