National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2021 (No.1)

Overview

The Heavy Vehicle National Law National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2021 (No. 1) was enacted to address the need for a streamlined approach to fatigue management record keeping for heavy vehicle drivers employed by specific electricity entities in Queensland. This Notice, made under Section 378 of the Heavy Vehicle National Law, provides exemptions from certain record-keeping requirements for designated electricity entities while ensuring that essential safety and regulatory standards are maintained. It aims to alleviate the administrative burden on these entities while maintaining stringent safety oversight by the National Heavy Vehicle Regulator. The Notice came into effect on 16 July 2021 and will remain in force until 15 July 2024, during which time it applies to record keepers for drivers of fatigue-regulated heavy vehicles employed by listed electricity entities and operating on the works of these entities. The policy objective is to balance operational efficiency with the imperative of ensuring road safety by effectively managing driver fatigue.

Scope and Application

The National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2021 (No 1) applies specifically to record keepers for drivers of fatigue-regulated heavy vehicles employed by electricity entities listed in Schedule 1 of the Notice. These entities must be carrying out activities on the works of an electricity entity as defined in the Electrical Safety Act 2002 (Qld). The exemption provided by this Notice pertains to the compliance requirements under Division 3 of Part 6.4 of Chapter 6 of the Heavy Vehicle National Law, concerning record-keeping provisions. The Notice specifies that to operate under this exemption, a record keeper must be an employee of an electricity entity listed in Schedule 1, and must keep detailed records of the entity's Fatigue Management System, trained drivers, and information specified in section 319(1) of the Heavy Vehicle National Law. Additionally, electricity entities are required to inform the National Heavy Vehicle Regulator of any substantive changes to their Fatigue Management System and any reportable fatigue-related events. These entities must also audit their Fatigue Management System six months after commencing operations under this Notice and annually thereafter, providing audit results to the Regulator upon request. This Notice commences on 16 July 2021 and will expire on 15 July 2024, unless otherwise extended or repealed.

Key Provisions

The key operative sections of this Notice, the National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2021 (No 1), include the exemption from the record-keeping requirements under Division 3 of Part 6.4 of Chapter 6 of the Heavy Vehicle National Law for record keepers for drivers of fatigue-regulated heavy vehicles carrying out activities on the works of an Electricity Entity (sections 7 and 8). It also details the conditions that apply under this exemption (section 9). These sections establish the scope of the exemption and the specific requirements that must be met by record keepers and electricity entities. Under this Notice, record keepers and electricity entities are required to adhere to several obligations. Record keepers must be employees of the specified electricity entities and must keep records of the entity's Fatigue Management System, including any changes to the system, the drivers trained in the system, and the information specified in section 319(1) of the Heavy Vehicle National Law for each driver operating under this Notice (section 9(2)). Electricity entities are required to inform the Regulator of any substantive changes to their Fatigue Management System and must report any reportable fatigue-related events as soon as practicable (section 9(3) and (4)). Additionally, electricity entities must audit their Fatigue Management System six months after commencing operations under this Notice, annually thereafter, and provide the results of these audits to the Regulator or an authorised officer upon request (section 9(6)). The Notice does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within its text. However, breaches of the Heavy Vehicle National Law or any associated regulations could potentially lead to penalties as prescribed by those laws. For instance, under the Heavy Vehicle National Law, breaches of record-keeping requirements can result in significant fines and other penalties. Therefore, while this Notice itself does not detail penalties, compliance with the conditions set out within it is crucial to avoid the broader legal repercussions associated with non-compliance under the overarching Heavy Vehicle National Law.