National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2024 (No.1)

Overview

The Heavy Vehicle National Law National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2024 (No.1) was enacted to address the specific needs of record keepers for drivers of fatigue-regulated heavy vehicles employed by Electricity Entities in Queensland. This Notice, which was made under Section 378 of the Heavy Vehicle National Law as in force in Queensland, aims to streamline the record-keeping requirements for these drivers when they are engaged in activities on the works of an Electricity Entity. It is important to note that while this Notice provides an exemption from certain record-keeping provisions, it does not exempt the record keepers from any safety duties under Chapter 1A of the Heavy Vehicle National Law. The Notice comes into effect on 16 July 2024 and will expire on 15 July 2027, offering a temporary adjustment to the regulatory framework. The Notice specifies that it applies to record keepers for drivers of fatigue-regulated heavy vehicles who are employed by Electricity Entities listed in Schedule 1 and who are involved in activities on the works of the Electricity Entity. The key exemption provided is from the record-keeping requirements under Part 6.4 Division 3 of the Heavy Vehicle National Law, with the condition that record keepers must maintain specific records regarding the Electricity Entity’s fatigue management system, the drivers trained in that system, and the information specified in section 319 (1) of the Heavy Vehicle National Law for each driver. Additionally, the Notice mandates that any reportable fatigue-related events must be communicated to the Regulator as soon as practicable. This exemption aims to alleviate some administrative burdens while ensuring safety and compliance within the specified parameters.

Scope and Application

The National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2024 (No.1) applies specifically to record keepers for drivers of fatigue-regulated heavy vehicles employed by certain Electricity Entities in Queensland who are carrying out activities on the works of these entities. The Notice exempts these record keepers from the requirement to comply with specific provisions in Part 6.4 Division 3 of the Heavy Vehicle National Law (HVNL), although it is important to note that this exemption does not extend to any safety duties that may apply under Chapter 1A of the HVNL. This exemption is provided under Section 378 of the HVNL as in force in Queensland, and the Notice commences on 16 July 2024, expiring on 15 July 2027. The record keepers must still maintain records of the Electricity Entity’s fatigue management system, any changes made to the system, and information on drivers trained in the system and operating under this Notice. Additionally, they must inform the Regulator of any reportable fatigue-related events as soon as practicable. This Notice applies to specific entities listed in Schedule 1, which includes entities issued a Distribution Authority under the Electricity Act 1994 (Qld) and other specified entities.

Key Provisions

The main operative sections of the National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2024 (No.1) are Sections 7 and 9. Section 7 details the application of the Notice, specifying that it applies to record keepers for drivers of fatigue-regulated heavy vehicles employed by an Electricity Entity listed in Schedule 1, and who are carrying out activities on the works of the Electricity Entity. Section 9 outlines the conditions under which the exemption operates, requiring record keepers to maintain certain records and report specified fatigue-related events to the Regulator as soon as practicable. This Act imposes specific obligations on record keepers. Firstly, they must maintain records of the Electricity Entity’s fatigue management system, including any changes made to that system. Secondly, they must keep records of the drivers who have been trained in the Electricity Entity’s fatigue management system. Lastly, they must also keep the information specified in section 319(1) of the Heavy Vehicle National Law for each driver operating under this Notice. Additionally, the record keeper must ensure that the Regulator is informed, or the Electricity Entity informs the Regulator, of any reportable fatigue-related events as soon as practicable after becoming aware of such events. There are no specific offences or penalties outlined within the Notice itself; however, it is important to note that the Notice does not exempt from any safety duties under Chapter 1A of the Heavy Vehicle National Law. Any breach of these safety duties could result in civil or criminal consequences, including fines and imprisonment, as prescribed by the relevant provisions of the Heavy Vehicle National Law. The exact penalties for such breaches would be determined in accordance with the broader legislative framework of the Heavy Vehicle National Law.