Heavy Vehicle New South Wales Work Diary Exemption Notice 2026 (No.2)

Overview

The Heavy Vehicle New South Wales Work Diary Exemption Notice 2026 (No.2) was enacted to address the issue of fatigue management for drivers operating heavy vehicles in New South Wales. This Notice was introduced under the authority of section 357 of the Heavy Vehicle National Law as in force in participating jurisdictions and is administered by the National Heavy Vehicle Regulator. The primary policy objective of this Notice is to exempt certain drivers of fatigue-regulated heavy vehicles from the mandatory requirement to keep and record information in a work diary. This exemption applies specifically to drivers who are engaged in contracted bus services, rail replacement bus services, or employed by a local government authority within the boundaries of that authority. Despite the exemption, it is important to note that the exemption does not relieve drivers from their obligation to avoid driving while fatigued, as stipulated under section 228 of the Heavy Vehicle National Law. This Notice serves to streamline record-keeping requirements for certain classes of work while maintaining safety standards for heavy vehicle operations in New South Wales.

Scope and Application

The Heavy Vehicle New South Wales Work Diary Exemption Notice 2026 (No.2) applies to drivers of fatigue-regulated heavy vehicles engaged in specified classes of work within New South Wales. These classes of work include operating buses that provide contracted bus services, buses that operate as rail replacement services due to disrupted railway passenger services, and heavy vehicles employed by local government authorities within their respective jurisdictional boundaries. This exemption is designed to relieve these drivers from the obligation to maintain and record information in a work diary as stipulated in the Heavy Vehicle National Law (HVNL). It is important to note that this exemption does not alleviate the drivers' responsibility to adhere to the fatigue management requirements outlined in section 228 of the HVNL. The Notice revokes the previous exemption notice, the New South Wales Work Diary Exemption Notice 2026 (No.1), and incorporates the same exemptions and conditions. This Notice, which is made under section 357 of the HVNL, is effective from 1 August 2026 and will expire on 9 February 2029, unless otherwise extended or amended by subordinate instruments.

Key Provisions

The Heavy Vehicle New South Wales Work Diary Exemption Notice 2026 (No.2) primarily exempts certain drivers of fatigue-regulated heavy vehicles from the requirement to keep and record information in a work diary when carrying out specific classes of work in New South Wales. This includes drivers operating buses providing contracted bus services (section 39 of the Passenger Transport Act 2014) or rail replacement bus services, as well as drivers employed by local government authorities within their respective boundaries (sections 16 and 39 of the Passenger Transport Act 1990 and 2014). The exemption applies to the obligations set out in Subdivisions 1 to 5 of Division 2 of Part 6.4 of the Heavy Vehicle National Law (HVNL), which typically require the maintenance of work diaries detailing driving hours and rest periods. However, it is crucial to note that this exemption does not relieve drivers of their duty to avoid driving while fatigued, as per section 228 of the HVNL. This Notice imposes specific obligations on the record keepers of the drivers who benefit from the exemption. They must ensure that the information specified in section 319 of the HVNL is recorded and kept for the classes of work covered by this exemption. This includes maintaining records of the driver's work activities, such as hours of service and rest periods, even though the drivers themselves are exempt from maintaining a work diary. The Notice stipulates that this record-keeping must be carried out in accordance with the requirements of the HVNL. Failure to comply with the obligations set out in this Notice can result in both civil and criminal consequences. Breaches of the Heavy Vehicle National Law, including the failure to accurately record the specified information as required by section 319, can lead to enforcement actions. Under the HVNL, penalties for non-compliance can include fines and other sanctions, with the severity of the penalties depending on the nature and extent of the breach. It is essential for record keepers and drivers to understand and adhere to the requirements of this Notice to avoid potential legal repercussions.