National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption Notice 2021 (No.1)

Overview

The National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption Notice 2021 (No.1) was enacted to address the issue of fatigue management for drivers of heavy vehicles operating on the works of Electricity Entities. This Notice, made under Section 357 of the Heavy Vehicle National Law as in force in Queensland, aims to provide a streamlined approach to managing fatigue for these drivers by exempting them from the requirement to carry and complete a National Driver Work Diary. This was enacted by the National Heavy Vehicle Regulator and its purpose is to ensure that the Fatigue Management Systems of the Electricity Entities are sufficient to manage driver fatigue without the need for the additional work diary requirement. The Notice applies specifically to drivers employed by Electricity Entities listed in Schedule 1 who are engaged in activities on the works of an Electricity Entity, and it sets out certain conditions that must be met, including the need for the driver to be trained and to comply with the Electricity Entity's Fatigue Management System.

Scope and Application

The National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption Notice 2021 (No.1) applies to drivers of fatigue-regulated heavy vehicles who are employed by an Electricity Entity listed in Schedule 1 and who are carrying out activities on the works of an Electricity Entity. The notice is made under Section 357 of the Heavy Vehicle National Law as in force in Queensland, and its purpose is to exempt such drivers from the requirement to carry and complete a National Driver Work Diary. The notice applies nationally and provides an exemption from the work diary requirements under Part 6.4 Division 2 of the Heavy Vehicle National Law. However, the exemption is subject to certain conditions, including that the driver must be employed by an Electricity Entity listed in Schedule 1, must keep a copy of the notice in their possession, must be trained to the standards required by the Electricity Entity’s Fatigue Management System and comply with that System, and must ensure that their name is listed with the Electricity Entity they are employed by as operating under this notice. The notice commences on 16 July 2021 and expires on 15 July 2024. The notice exempts certain drivers of fatigue-regulated heavy vehicles from the requirement to carry and complete a National Driver Work Diary, subject to certain conditions. It applies to drivers employed by an Electricity Entity listed in Schedule 1 who are carrying out activities on the works of an Electricity Entity. The notice applies nationally and extends or restricts application through subordinate instruments, such as the Heavy Vehicle National Law and the Electrical Safety Act 2002 (Qld). However, there are no stated exclusions or exemptions in the notice. The notice provides an exemption from the work diary requirements under Part 6.4 Division 2 of the Heavy Vehicle National Law, but the exemption is subject to certain conditions, including that the driver must be trained to the standards required by the Electricity Entity’s Fatigue Management System and comply with that System.

Key Provisions

The key sections of the National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption Notice 2021 (No.1) are Sections 2 to 9, which outline the notice's purpose, authorising provisions, title, commencement, expiry, definitions, application, exemption, and conditions. This notice, made under Section 357 of the Heavy Vehicle National Law, exempts certain drivers from the requirement to carry and complete a National Driver Work Diary. The notice applies to drivers of fatigue-regulated heavy vehicles employed by an Electricity Entity listed in Schedule 1 and carrying out activities on the works of an Electricity Entity. The exemption from the Work Diary Requirements is contingent upon several conditions, including that the driver must be employed by an Electricity Entity listed in Schedule 1, keep a copy of the notice, be trained in the Entity's Fatigue Management System, ensure their name is listed with the Entity as operating under this notice, and provide the required information when requested by an authorised officer. The obligations imposed by the notice are primarily on drivers of fatigue-regulated heavy vehicles operating under this exemption. They must be employed by an Electricity Entity listed in Schedule 1 and carry out activities on the works of that Entity. These drivers are required to maintain a copy of the notice in their possession, be trained in the Entity's Fatigue Management System, ensure their name is listed with the Entity as operating under this notice, and provide the requested information to authorised officers. These obligations are designed to ensure that drivers are aware of and comply with the conditions of the exemption while also maintaining appropriate fatigue management practices. The notice also specifies certain consequences for breaches of its provisions. While the notice does not explicitly state offences or penalties, breaches of the conditions outlined in Section 9 could potentially lead to enforcement actions under the Heavy Vehicle National Law. This could include actions such as fines, disqualification from driving heavy vehicles, or other regulatory measures. The maximum penalties for breaches of the Heavy Vehicle National Law are not specified in the notice itself, but they can be found in the relevant legislation. It is important for drivers and Electricity Entities to be aware of these potential consequences and to ensure compliance with the notice's conditions.