Heavy Vehicle Victoria Police (Special Operations Group) Work Diary and Record Keeping Exemption 2026 (No.2)

Overview

The Heavy Vehicle Victoria Police (Special Operations Group) Work Diary and Record Keeping Exemption 2026 (No.2) was issued under the Heavy Vehicle National Law (HVNL) by the National Heavy Vehicle Regulator to address the need for flexibility in work diary and record keeping requirements for drivers who are members of Victoria Police attached to the Special Operations Group (SOG) while they perform their police duties. This exemption does not relieve the driver from their duty to not drive while fatigued, nor does it exempt them from work and rest requirements or any safety duties under the HVNL. This Notice revokes a previous exemption issued in 2026 and carries forward the same exemptions and conditions. It is effective from 1 August 2026 and will expire on 14 September 2028, applying to all participating jurisdictions. The exemptions granted under this Notice are contingent on the eligible drivers and record keepers adhering to the work record management practices of the Special Operations Group, Victoria Police.

Scope and Application

The Heavy Vehicle Victoria Police (Special Operations Group) Work Diary and Record Keeping Exemption 2026 (No.2) applies to members of Victoria Police who are attached to the Special Operations Group (SOG) and who are drivers of fatigue-regulated heavy vehicles performing their police duties. This Notice grants exemptions from the work diary and record-keeping requirements stipulated in the Heavy Vehicle National Law (HVNL) for these drivers, as well as for sworn officers or employees of Victoria Police who serve as record keepers for these drivers. Importantly, this exemption does not relieve these drivers from their obligations under section 228 of the HVNL to avoid driving while fatigued, nor does it exempt them from work and rest requirements under Part 6.3 of the HVNL, or from any safety duties under Chapter 1A of the HVNL. The exemption applies across all participating jurisdictions and is contingent upon compliance with the work record management practices of the Special Operations Group, Victoria Police. This Notice revokes the previous Heavy Vehicle Victoria Police (Special Operations Group) Work Diary and Record Keeping Exemption 2026 (No.1), carrying forward the exemptions and conditions in the same terms, and will be in effect from 1 August 2026 until 14 September 2028.

Key Provisions

The Heavy Vehicle Victoria Police (Special Operations Group) Work Diary and Record Keeping Exemption 2026 (No. 2) provides specific exemptions from certain work diary and record-keeping requirements for particular drivers and record keepers. Under section 2(1)(a), drivers who are members of Victoria Police's Special Operations Group (SOG) and who are performing their police duties are exempt from the work diary requirements set out in Subdivisions 1 to 5 of Division 2 of Part 6.4 of the Heavy Vehicle National Law (HVNL). This exemption applies on the condition that the drivers adhere to the work record management practices of the SOG, Victoria Police (section 2(1)(a)). Similarly, under section 2(1)(b), sworn officers or employees of Victoria Police who are, or would otherwise be, the record keepers for these eligible drivers are exempt from the record-keeping requirements outlined in Division 3 of Part 6.4 of the HVNL (section 2(1)(b)). This exemption is also contingent upon compliance with the work record management practices of the SOG, Victoria Police (section 2(1)(b)). It is important to note that these exemptions do not relieve the drivers of their duty to avoid driving while fatigued, as stipulated in section 228 of the HVNL, nor do they exempt the drivers from the work and rest requirements under Part 6.3 of the HVNL or any safety duties under Chapter 1A of the HVNL. This Notice imposes specific obligations on the parties it governs. Eligible drivers, who are members of Victoria Police's Special Operations Group and performing police duties, must comply with the work record management practices of the SOG, Victoria Police to benefit from the exemption from work diary requirements (section 2(1)(a)). Likewise, eligible record keepers, who are sworn officers or employees of Victoria Police responsible for maintaining records for eligible drivers, must adhere to the work record management practices of the SOG, Victoria Police to be exempt from record-keeping requirements (section 2(1)(b)). Failure to comply with these practices would mean that the exemptions do not apply, and the drivers and record keepers would be subject to the full requirements of the HVNL. Breaches of the requirements outlined in this Notice may lead to various consequences. While the Notice itself does not explicitly state specific penalties for non-compliance, the Heavy Vehicle National Law (HVNL) provides a framework within which such breaches could be addressed. Under the HVNL, non-compliance with work diary and record-keeping requirements can result in significant penalties. For example, section 373 of the HVNL imposes a maximum penalty of 1,111 penalty units (approximately AUD 200,000 as of 2023) for failing to keep a work diary or for providing false or misleading information in a work diary. Similarly, section 376 of the HVNL imposes a maximum penalty of 556 penalty units (approximately AUD 100,000 as of 2023) for failing to comply with record-keeping requirements. These penalties reflect the importance of adhering to the statutory obligations set out in the HVNL and the exemptions provided under this Notice.