National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2026 (No.1)

Overview

The National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2026 (No. 1) was enacted in 2026 to address a specific issue within the regulation of fatigue management for drivers operating heavy vehicles in Queensland. The Notice exempts record keepers for drivers of fatigue-regulated heavy vehicles employed by Energy Queensland Limited, who are engaged in activities on the works of an Electricity Entity in Queensland, from certain record-keeping provisions of Part 6.4 Division 3 of the Heavy Vehicle National Law (HVNL). This exemption is made under Section 378 of the HVNL as it applies in Queensland. The primary purpose of this legislation is to streamline the record-keeping requirements for these specific drivers while ensuring compliance with other safety duties outlined in Chapter 1A of the HVNL. This Notice, which commences on 15 June 2026 and expires on 15 July 2027, aims to provide clarity and reduce administrative burdens for record keepers while maintaining safety standards.

Scope and Application

This Notice applies specifically to record keepers for drivers of fatigue-regulated heavy vehicles who are employees of Energy Queensland Limited and are engaged in activities on the works of an Electricity Entity in Queensland. The exemption granted under this Notice applies to the provisions of Part 6.4 Division 3 of the Heavy Vehicle National Law (HVNL), concerning record-keeping requirements. However, it is crucial to note that this exemption does not extend to any safety duties that may be applicable under Chapter 1A of the HVNL. The Notice is authorised under Section 378 of the HVNL as it operates in Queensland. The Notice comes into effect on 15 June 2026 and will supersede the National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2024 (No.1), expiring on 15 July 2027. Despite the exemptions, record keepers must maintain records of the Fatigue Management System, any changes made to the system, and the drivers trained in the system. Additionally, they must document the information specified in section 319(1) of the HVNL for each driver operating under this Notice. The record keeper is also required to promptly inform, or arrange for the Electricity Entity to inform, the Regulator of any reportable fatigue-related event.

Key Provisions

The National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2026 (No.1) primarily exempts certain record keepers from the record-keeping requirements under Part 6.4 Division 3 of the Heavy Vehicle National Law (HVNL) (sections 378). This exemption applies specifically to drivers of fatigue-regulated heavy vehicles who are employed by Energy Queensland Limited and who are carrying out activities under the direction of an electricity entity listed in Schedule 1 of the Notice. This Notice is designed to streamline compliance for these specific circumstances, while still ensuring that all safety duties remain in effect. The obligations imposed by this Notice on the parties it governs include maintaining detailed records of the Fatigue Management System, including any changes made to the system, and the drivers trained in this system. Record keepers must also keep the information specified in section 319(1) of the HVNL for each driver operating under this exemption. Additionally, record keepers are required to inform the Regulator of any reportable fatigue-related events as soon as practicable after they come to the record keeper's knowledge. This ensures that the Regulator is promptly aware of any incidents that may have safety implications. While this Notice provides specific exemptions from certain record-keeping requirements, it does not exempt any party from their safety duties under Chapter 1A of the HVNL. Therefore, all safety obligations remain in full effect, and failure to comply with these could result in serious consequences. Breaches of safety duties can lead to both civil and criminal penalties, depending on the severity and nature of the breach. The Notice itself does not detail specific penalties, but penalties under the HVNL can include fines and imprisonment, with the exact penalties depending on the specific breach and the jurisdiction in which it occurs. This Notice commences on 15 June 2026 and will supersede the National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption Notice 2024 (No.1). It will remain in effect until 15 July 2027, after which it will expire. During its operation, it is crucial for all relevant parties to ensure they are fully aware of and comply with its provisions, as well as the broader obligations under the HVNL.