Heavy Vehicle Victoria Police (Special Operations Group) Work Diary and Record Keeping Exemption (No.1)

Overview

The Heavy Vehicle Victoria Police (Special Operations Group) Work Diary and Record Keeping Exemption (No.1) was introduced in 2023 to address the need for flexibility in compliance with work diary and record-keeping requirements for certain members of Victoria Police. Enacted under the authority of the Heavy Vehicle National Law (HVNL), this Notice was issued by the National Heavy Vehicle Regulator to streamline the administrative processes for eligible drivers and record keepers within the Special Operations Group (SOG) of Victoria Police, thereby enhancing operational efficiency without compromising safety standards. The Notice specifically exempts eligible drivers and record keepers from specified sections of the HVNL, provided they adhere to the internal record management practices of the SOG. This exemption does not, however, relieve drivers of the overarching duty to avoid driving while fatigued or from other safety duties as stipulated in the HVNL.

Scope and Application

This Notice, which commences on 15 February 2023 and expires on 14 February 2026, is issued under the Heavy Vehicle National Law (HVNL) and applies to specific members of the Victoria Police. The Notice grants exemptions from work diary and record keeping requirements for drivers of fatigue-regulated heavy vehicles who are members of Victoria Police's Special Operations Group (SOG) and are performing duties in the course of their police work. Additionally, it exempts sworn officers or employees of Victoria Police who are record keepers for such drivers from fatigue record keeping requirements. The exemptions apply only if the drivers and record keepers comply with the work record management practices of the SOG, Victoria Police. Importantly, the exemptions do not relieve drivers from the duty to avoid driving while fatigued or from any work and rest requirements or safety duties under the HVNL. This exemption applies within Victoria and the definitions used in this Notice align with those in the HVNL and its regulations.

Key Provisions

The key provisions of this Notice include exemptions from work diary and record keeping requirements for certain drivers and record keepers. Under section 2(1)(a) of the Notice, an eligible driver is exempt from complying with subdivisions 1 to 5 of Division 2 of Part 6.4 of the Heavy Vehicle National Law (HVNL). This exemption applies to a driver who is a member of Victoria Police attached to the Special Operations Group (SOG) and who is performing a function in the course of their police duties. The exemption only applies if the driver complies with the work record management practices of the Special Operations Group, Victoria Police. Under section 2(1)(b) of the Notice, an eligible record keeper is exempt from complying with Division 3 of Part 6.4 of the HVNL. This exemption applies to a record keeper who is a sworn officer or employee of Victoria Police and who is, or would otherwise be, the record keeper for an eligible driver. The exemption only applies if the record keeper complies with the work record management practices of the Special Operations Group, Victoria Police. The Notice imposes obligations on eligible drivers and record keepers to comply with the work record management practices of the Special Operations Group, Victoria Police. Eligible drivers must ensure that they comply with the relevant practices when performing their police duties. Eligible record keepers must also ensure that they comply with the relevant practices when maintaining records for eligible drivers. The Notice does not provide any exemptions from work and rest requirements under Part 6.3 of the HVNL or from any safety duty that may apply under Chapter 1A of the HVNL. There are no specific offences, penalties, or civil/criminal consequences outlined in the Notice for breach of its provisions. However, it is important to note that the exemption does not relieve the driver of a fatigue regulated heavy vehicle from the duty to avoid driving while fatigued, pursuant to section 228 of the HVNL. Any breach of this duty may result in criminal or civil liability under the HVNL. Additionally, any failure to comply with the work record management practices of the Special Operations Group, Victoria Police may result in disciplinary action or other consequences under the relevant police regulations or policies.