National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2024 (No.1)

Overview

The Heavy Vehicle National Law National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2024 (No. 1) was enacted to address the specific challenges faced by drivers of fatigue-regulated heavy vehicles who are required to carry out urgent and unplanned activities on the works of electricity entities in Queensland. This exemption notice was created to allow flexibility in work and rest hours for these drivers while ensuring they adhere to a fatigue management system implemented by the electricity entity. This legislative instrument aims to balance operational needs with safety considerations, particularly in situations where immediate action is necessary to address electrical safety risks or restore essential services. Authorised under Section 266 of the Heavy Vehicle National Law as in force in Queensland, the notice provides a clear framework for exemptions from standard work and rest arrangements, ensuring that drivers remain vigilant against fatigue while allowing for necessary operational flexibility. This exemption notice, which commences on 16 July 2024 and expires on 15 July 2027, applies to drivers of fatigue-regulated heavy vehicles employed by specified electricity entities listed in Schedule 1. The notice stipulates specific work and rest hours, ensuring that drivers can respond to urgent and unplanned circumstances without contravening the Heavy Vehicle National Law. It also emphasises the importance of adhering to the fatigue management systems of the respective electricity entities, which are designed to mitigate fatigue risks. Importantly, this exemption does not relieve drivers of their duty to avoid driving while fatigued or from any safety duties under Chapter 1A of the Heavy Vehicle National Law.

Scope and Application

The National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2024 (No. 1) applies specifically to drivers of fatigue-regulated heavy vehicles who are employed by an Electricity Entity listed in Schedule 1 and are engaged in activities on the works of the Electricity Entity in urgent and unplanned circumstances. These circumstances include fault response, rectifying life-threatening or dangerous situations that pose an electrical safety risk, and restoring electricity supply to essential services and maintaining compliance with Minimum Service Standards and Service Target Performance Incentive Scheme as set by the Australian Electricity Regulator. While this Notice provides exemptions from certain work and rest requirements under Part 6.3 Division 2 of the Heavy Vehicle National Law, it does not exempt drivers from their duty to avoid driving while fatigued or from any safety duties under Chapter 1A of the HVNL. Eligible drivers must adhere to the Fatigue Management System implemented by the Electricity Entity and comply with specified work and rest hours outlined in Table 1 of the Notice. This Notice does not extend to situations outside urgent and unplanned circumstances and does not relieve drivers of their obligations under the HVNL or other applicable safety duties.

Key Provisions

The key provisions of the Heavy Vehicle National Law National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2024 (No. 1) (the "Notice") can be found in sections 1 through 10. Section 1 outlines the purpose of the Notice, which is to exempt drivers of fatigue-regulated heavy vehicles carrying out activities on the works of an Electricity Entity in Queensland from certain work and rest hour requirements under Part 6.3 Division 2 of the Heavy Vehicle National Law (HVNL) in urgent and unplanned circumstances (s 1). Section 2 provides the authorising provision under section 266 of the HVNL, while section 3 provides the title of the Notice. Section 4 specifies that the Notice commences on 16 July 2024, and section 5 indicates it will expire on 15 July 2027. Section 6 contains definitions for terms used in the Notice, with many having the same meaning as those defined in the HVNL. Section 7 outlines the application of the Notice to drivers employed by an Electricity Entity listed in Schedule 1 carrying out activities on the works of the Electricity Entity for urgent unplanned circumstances. Section 8 specifies the exemption from the work and rest hour requirements under Part 6.3 Division 2 of the HVNL. Section 9 sets out general conditions that eligible drivers must comply with, while section 10 specifies the work and rest hours that apply under the exemption. The Notice imposes several obligations and requirements on parties governed by it. Eligible drivers must be employed by an Electricity Entity listed in Schedule 1 (s 9(1)). They must keep a copy of the Notice in their possession (s 9(2)) and comply with the Electricity Entity's Fatigue Management System (s 9(3)). When requested by an authorised officer, eligible drivers must nominate the Electricity Entity they are carrying out activities on the works for (s 9(4)). Under the exemption, eligible drivers must comply with the work and rest hour requirements specified in section 10 and Table 1 of the Notice (s 10). Failure to comply with the Notice may result in civil or criminal consequences. However, the Notice does not specify any specific offences, penalties, or consequences for breach. It is noted that nothing in the exemption relieves drivers of their duty to avoid driving while fatigued pursuant to section 228 of the HVNL (s 1(2)). Additionally, the Notice does not provide an exemption from any safety duties that may apply under Chapter 1A of the HVNL (s 1(2)). Therefore, any breach of the Notice may be subject to the general offences, penalties, and consequences set out in the HVNL and related legislation.