HEAVY VEHICLE NATIONAL LAW
National Heavy Vehicle Emergency Services Work Diary and Record Keeping Exemption Notice 2026 (No.1)
- Purpose
- This Notice grants exemptions from work diary and record keeper requirements for drivers of vehicles operating for, or under the direction of, an emergency service.
Note: Nothing in this exemption relieves the driver of a fatigue regulated heavy vehicle from the duty to avoid driving while fatigued, pursuant to section 228 of the Heavy Vehicle National Law (HVNL).
- This Notice does not provide an exemption to 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.
2. Authorising Provisions
- This Notice is issued under the following provisions of the Heavy Vehicle National Law (HVNL):
a) section 357 - Regulator’s power to exempt particular drivers from work diary requirements
b) section 378 - Regulator’s power to exempt record keepers from fatigue record keeping requirements
3. Title
This Notice may be cited as the National Heavy Vehicle Emergency Services Work Diary and Record Keeping Exemption Notice 2026 (No.1).
4. Commencement
This Notice commences on 1 February 2026.
5. Expiry
This Notice expires on 31 January 2029.
6. Definitions
- Unless stated otherwise, words and expressions used in this Notice have the same meaning as in the HVNL and its regulations.
2) In this Notice:
Emergency service has the meaning provided under section 265 of the HVNL.
Work record management system means a system to record eligible driver’s work and rest hours maintained by an emergency service in compliance with another law, or under its own standards and procedures.
7. Application – class of work, participating jurisdictions, and eligible persons
1) This notice applies to the driver of a fatigue regulated heavy vehicle who is a member, officer, employee or volunteer to perform work for or under the direction of an emergency service. A driver must be enrolled, inducted or otherwise a member of an emergency service organisation and has been issued with a member identification number by the emergency service organisation.
Note: in this section work has the same meaning as in s221 of the HVNL.
- This notice applies to the record keeper of a fatigue regulated vehicle who is the record keeper for a driver to whom 1) applies.
3) This Notice applies in all participating jurisdictions.
4) A driver to whom this Notice applies is an eligible driver.
5) A record keeper to whom this Notice applies is an eligible record keeper.
8. Exemption – work diary requirements
1) Pursuant to section 2(1) of this Notice, an eligible driver is exempt from complying with subdivisions 1 to 5 of Division 2 of Part 6.4 of the HVNL, and
2) The exemption in 1) only applies to the extent that an eligible driver complies with the work record management system of the emergency service for which the relevant work is being performed.
9. Exemption – record keeper requirements
1) Pursuant to section 2(1) of this Notice, an eligible record keeper is exempt from complying with Division 3 of Part 6.4 of the HVNL, and
2) The exemption in 1) only applies to the extent that an eligible record keeper complies with the work record management system of the emergency service for which the relevant work is being performed.
Paul Daly
Director, Strategic Policy
National Heavy Vehicle Regulator
Overview
The National Heavy Vehicle Emergency Services Work Diary and Record Keeping Exemption Notice 2026 (No.1) was enacted to address the need for flexibility in record-keeping requirements for drivers and record keepers of heavy vehicles employed by emergency services. This legislation is a response to the unique operational demands faced by emergency services, which often require rapid deployment and may not always align with strict work diary and record-keeping schedules. Issued under the authority of the Heavy Vehicle National Law (HVNL), the Notice aims to streamline compliance for emergency service personnel while ensuring that safety standards are maintained. The Notice exempts eligible drivers and record keepers from certain work diary and record-keeping requirements, provided they adhere to their emergency service's work record management system. Notably, this exemption does not relieve drivers from their duty to avoid driving while fatigued or from compliance with work and rest requirements or safety duties. This legislative measure seeks to balance the operational needs of emergency services with the overarching goal of maintaining road safety.
Scope and Application
The National Heavy Vehicle Emergency Services Work Diary and Record Keeping Exemption Notice 2026 (No. 1) applies to drivers of fatigue-regulated heavy vehicles who are members, officers, employees, or volunteers of an emergency service. This includes those who have been enrolled, inducted, or otherwise recognised as members of an emergency service organisation and have been issued with a member identification number. Additionally, the Notice applies to record keepers responsible for these drivers in their capacity with the emergency service. This exemption is effective across all participating jurisdictions and is subject to the drivers and record keepers adhering to the work record management systems maintained by their respective emergency services. These systems must comply with either other applicable laws or the internal standards and procedures of the emergency service. Importantly, while the Notice exempts eligible drivers and record keepers from certain work diary and record-keeping requirements, it does not relieve them from the broader obligations to avoid driving while fatigued or to comply with work and rest requirements and safety duties under the Heavy Vehicle National Law.
Key Provisions
The National Heavy Vehicle Emergency Services Work Diary and Record Keeping Exemption Notice 2026 (No.1) provides specific exemptions from work diary and record keeping requirements for drivers of vehicles operating for, or under the direction of, an emergency service (section 7). Eligible drivers are those who are members, officers, employees, or volunteers of an emergency service, and must be enrolled and issued a member identification number by the emergency service organisation (section 7(1)). The Notice exempts these drivers from complying with subdivisions 1 to 5 of Division 2 of Part 6.4 of the Heavy Vehicle National Law (HVNL) (section 8(1)). However, this exemption only applies if the driver adheres to the work record management system of the emergency service (section 8(2)).
The Notice also exempts the record keepers of these vehicles from complying with Division 3 of Part 6.4 of the HVNL, provided they comply with the work record management system of the emergency service (section 9). These exemptions do not relieve drivers of their duty to avoid driving while fatigued or from work and rest requirements under Part 6.3 of the HVNL, or from any safety duty under Chapter 1A of the HVNL (section 1).
The obligations imposed by this Notice include adherence to the emergency service’s work record management system. Eligible drivers must ensure their work and rest hours are recorded in accordance with this system. Similarly, eligible record keepers must manage the drivers’ records within this system. The Notice requires that these obligations are met to maintain the exemptions provided.
There are no specific offences, penalties, or civil/criminal consequences outlined in this Notice for breaches of its provisions. However, it is important to note that the Notice explicitly states that it does not relieve drivers from the duty to avoid driving while fatigued, or from work and rest requirements under Part 6.3 of the HVNL. Breaches of these duties could result in penalties under the HVNL, including fines and potential disqualification from driving.