National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2026 (No.1)

Overview

The National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2026 (No. 1) was introduced to provide an exemption from certain work and rest hour requirements of the Heavy Vehicle National Law (HVNL) for drivers of fatigue-regulated heavy vehicles employed by Energy Queensland Limited. This exemption is intended to allow these drivers to respond effectively to urgent and unplanned circumstances on the works of an Electricity Entity in Queensland, such as rectifying life-threatening electrical safety risks or restoring electricity to essential services. The exemption was enacted by the National Heavy Vehicle Regulator, under section 266 of the HVNL, and is aimed at balancing the need for urgent response with the imperative to manage driver fatigue effectively. The exemption does not, however, relieve drivers of the responsibility to avoid driving while fatigued or from any applicable safety duties under the HVNL. The Notice specifies the work and rest hours that eligible drivers must adhere to, which are outlined in a table within the document. Eligible drivers must also comply with the Fatigue Management System implemented by the Electricity Entity. This exemption is designed to ensure that while responding to critical situations, the drivers maintain a level of safety and compliance that mitigates the risk of fatigue-related incidents. The Notice commenced on 15 June 2026 and will expire on 15 July 2027.

Scope and Application

The National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2026 (No.1) applies to drivers of fatigue-regulated heavy vehicles employed by Energy Queensland Limited who are involved in urgent and unplanned activities on the works of an electricity entity in Queensland, as listed in Schedule 1. These drivers must comply with the work and rest hours outlined in the Notice and the Fatigue Management System implemented by the Electrical Entity in accordance with the Electricity Act 1994 (Qld). Notably, this exemption does not relieve drivers from their duty to avoid driving while fatigued, as stipulated under section 228 of the Heavy Vehicle National Law (HVNL), nor does it exempt them from any safety duties under Chapter 1A of the HVNL. The Notice operates under section 266 of the HVNL as in force in Queensland and comes into effect on 15 June 2026, superseding the National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2024 (No.1), and will expire on 15 July 2027.

Key Provisions

The National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2026 (No. 1) primarily exempts drivers of fatigue-regulated heavy vehicles from certain work and rest requirements outlined in Part 6.3 Division 2 of the Heavy Vehicle National Law (HVNL) when carrying out urgent and unplanned activities on the works of an Electricity Entity in Queensland. These exemptions are contingent upon the drivers complying with specified work and rest hours and the Fatigue Management System implemented by the Electricity Entity (section 1). The Notice applies to drivers employed by Energy Queensland Limited who are engaged in activities such as fault response or restoration of essential services under the direction of an electricity entity listed in Schedule 1 (section 3). The Notice imposes several obligations on the parties it governs. Eligible drivers must ensure they possess a copy of the Notice at all times (section 4(a)). Additionally, they must adhere to the Fatigue Management System implemented by the Electricity Entity, which includes policies, standards, and procedures related to fatigue management (section 4(b)). When requested by an authorised officer, eligible drivers must identify the specific Electricity Entity they are working for (section 4(c)). The Notice mandates that eligible drivers must not exceed the maximum work times specified and must ensure compliance with the minimum rest periods outlined in the Notice (section 7). Moreover, drivers must not undertake work during a post-work continuous rest period and must complete a risk assessment before working night hours, as per the Fatigue Management System (section 8). Breaching the provisions of this Notice can lead to various consequences. While the Notice does not explicitly state penalties for non-compliance, breaches may result in civil or criminal actions under the HVNL. Under section 228 of the HVNL, drivers have a duty to avoid driving while fatigued, and any failure to comply with this duty could result in significant penalties. The specific penalties for breaches of the HVNL can include fines and potential imprisonment, depending on the severity and circumstances of the breach. It is important to note that the exemption does not relieve drivers from their broader safety duties under the HVNL, which could also incur penalties if violated.