National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption Notice 2026 (No.1)

Overview

The National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption Notice 2026 (No.1) was enacted to address a specific operational need for drivers of fatigue-regulated heavy vehicles who are employed by Energy Queensland Limited. This legislation was introduced to streamline work practices and reduce administrative burdens for drivers who are working on the electricity infrastructure in Queensland, while still maintaining safety standards. The Notice exempts these drivers from the requirement to complete and carry a National Driver Work Diary under the Heavy Vehicle National Law (HVNL) when performing duties on the works of an Electricity Entity in Queensland. This exemption does not, however, exempt drivers from the obligation to avoid driving while fatigued or from any safety duties applicable under the HVNL. The Notice was authorised under Section 357 of the HVNL as in force in Queensland and is set to commence on 15 June 2026, replacing a previous exemption notice. It will remain in effect until 15 July 2027. Eligible drivers must keep a copy of the Notice with them, adhere to the Fatigue Management System, and identify the relevant Electricity Entity when requested by an authorised officer. This legislative instrument aims to balance operational efficiency with the paramount importance of road safety.

Scope and Application

The National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption Notice 2026 (No.1) applies to drivers of fatigue-regulated heavy vehicles employed by Energy Queensland Limited who are carrying out activities on the works of an Electricity Entity in Queensland. These drivers are exempt from the requirements of Part 6.4 Division 2 Subdivisions 1-4 of the Heavy Vehicle National Law (HVNL) to complete and carry a National Driver Work Diary, provided they comply with the conditions of this Notice. Importantly, this exemption does not relieve these drivers from their duty to avoid driving while fatigued or from any safety duties under Chapter 1A of the HVNL. The Notice also stipulates that an eligible driver must keep a copy of the Notice in their possession, comply with the Fatigue Management System, and be able to nominate the Electricity Entity for which they are working when requested by an authorised officer. This Notice commences on 15 June 2026, supersedes the National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption Notice 2024 (No.1), and expires on 15 July 2027.

Key Provisions

The National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption Notice 2026 (No.1) (the "Notice") primarily exempts drivers of fatigue-regulated heavy vehicles who are employees of Energy Queensland Limited and are carrying out activities on the works of an Electricity Entity in Queensland from the requirement to complete and carry a National Driver Work Diary. This exemption applies to drivers working under the direction of an electricity entity listed in Schedule 1, and it is contingent on the driver complying with the conditions outlined in the Notice. Under section 357 of the Heavy Vehicle National Law (HVNL), the Notice is designed to streamline compliance for eligible drivers while still ensuring they do not operate while fatigued. Importantly, this exemption does not absolve drivers of their duty to avoid driving while fatigued, as stipulated in section 228 of the HVNL, nor does it exempt them from any safety duties under Chapter 1A of the HVNL. The Notice imposes specific obligations on eligible drivers. Firstly, they must keep a copy of the Notice in their possession at all times. Secondly, they must adhere to the Fatigue Management System maintained by Energy Queensland Limited. This system includes the auditable records, policies, standards, and procedures established to manage fatigue among employees. Thirdly, when requested by an authorised officer, eligible drivers must identify the Electricity Entity on whose works they are carrying out activities. These obligations are designed to ensure that while the work diary requirement is relaxed, other measures are in place to monitor and manage driver fatigue effectively. Failure to comply with the conditions of the Notice can result in significant consequences. Although the Notice itself does not specify particular penalties, breaches of the HVNL, such as operating a heavy vehicle while fatigued or failing to comply with safety duties, can lead to criminal charges and substantial fines. Under the HVNL, the maximum penalty for driving a heavy vehicle while fatigued can be a fine of up to $16,500 for an individual or $82,500 for a body corporate, along with potential disqualification from driving. Similarly, breaches of safety duties under Chapter 1A of the HVNL can also incur significant penalties, including fines and imprisonment. Therefore, while the Notice provides certain exemptions, it is crucial for eligible drivers to remain vigilant about their fatigue management and overall compliance with the HVNL.