National Heavy Vehicle Law - Queensland Electricity Entity Work and Rest Hours Exemption Notice 2019 (No.1)

HEAVY VEHICLE NATIONAL LAW

National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2019 (No.1)

1         Purpose

(1)     The purpose of this Notice is to exempt drivers of fatigue-regulated heavy vehicles carrying out activities on the works of an Electricity Entity in unplanned urgent circumstances from the requirement of the Heavy Vehicle National Law Part 6.3 Division 2 Standard Work and Rest Arrangements.

(2)     This Notice revokes and replaces the National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2018 (No.1)

2         Authorising Provision(s)

This notice is made under Section 266 of the Heavy Vehicle National Law as in force in Queensland.

3         Title

This notice may be cited as the National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2018.

4         Commencement

This notice commences on 01 July 2019.

5         Expiry

This notice expires 30 June 2022.

6         Definitions

(1) Unless otherwise stated, words and expressions used in this Notice have the same meaning as those defined in the Heavy Vehicle National Law.

(2) In this Notice:

Distribution authority means a current distribution authority that is issued to electricity entities, pursuant to Part 5 of the Electricity Act 1994 (Qld).

Electricity Entity as defined in the Electrical Safety Act 2002 (Qld).

Fatigue Management System means the auditable system of records, policies, standards and procedures maintained by an electricity entity for the purpose of fatigue management in the course of operations.

Works of an Electricity Entity as defined in the Electrical Safety Act 2002 (Qld).

Night hours as defined in the Electricity Entity’s Fatigue Management System.

7         Application

(1)     This Notice applies to:

a)       drivers of fatigue-regulated heavy vehicles employed by an Electricity Entity listed in Schedule 1;

b)       carrying out activities on the works of the Electricity Entity;

c)       for urgent unplanned circumstances required to comply with the Electricity Entity’s statutory obligations under the Electrical Safety Act 2002, including but not limited to:

1. fault response, rectifying life threatening / dangerous situations that pose an electrical safety risk  such as live wires below statutory height or on ground; or
2. restoration of electricity supply to essential services such as hospitals, water and sewage services, and customers relying on medical equipment; or
3. restoration of electricity supply to maintain compliance with the Electricity Entities Distribution Authority’s Minimum Service Standards (MSS) and Service Target Performance Incentive Scheme (STPIS) as set by the Australian Electricity Regulator.

8         Exemption

This Notice provides an exemption from the requirement under Part 6.3 Division 2 Standard Work and Rest Arrangements of the Heavy Vehicle National Law.

9         Conditions- General

(1)     A driver of a fatigue-regulated heavy vehicle operating under this exemption must be employed by an Electricity Entity listed in Schedule 1.

(2)     A driver of a fatigue-regulated heavy vehicle operating under this exemption must keep a copy of this notice in his or her possession.

(3)     A driver of a fatigue-regulated heavy vehicle operating under this exemption must be trained to the standards required by the Electricity Entity’s Fatigue Management System and comply with this System.

(4)     When requested by an authorised officer, a driver of a fatigue-regulated heavy vehicle operating under this exemption must nominate the Electricity Entity they are employed by and the name and contact details for the person nominated by that Electricity Entity as responsible for the Fatigue Management System.

(5)     The person responsible for the Electricity Entity’s Fatigue Management System must keep records of:

a)       drivers operating under this notice; and

b)       risk assessments required under this notice, and

c)       information in relation to the cause and outcome of fatigue related incidents.

10     Conditions – Work and rest hours

(1)     Table 1 specifies the maximum work times and minimum rest times for drivers operating under this exemption. 

Table 1 – Exemption hours

(2)     In the total period specified in Column 1, a driver of a fatigue-regulated heavy vehicle operating under this exemption must not rest less than the minimum rest hours specified in Column 3.

(3)     A driver of a fatigue-regulated heavy vehicle operating under this exemption who has implemented the control measures specified in the EQL Fatigue Standard or Fatigue Risk Management Systems must not work more than the upper work time specified in Column 2.

(4)     A driver of a fatigue-regulated heavy vehicle operating under this notice must not work night hours unless they have completed a risk assessment in accordance with the relevant Electricity Entity’s Fatigue Management System.

(6)     An Electricity Entity must audit its Fatigue Management System:

a)       annually; and

b)       provide the results of those audits to the Regulator or an authorised officer on request.

Dated 10 June 2018

Geoff Casey

Executive Director (Safety Standards and Assurance)

National Heavy Vehicle Regulator

SCHEDULE 1 Table of Electrical Entities