HEAVY VEHICLE NATIONAL LAW
National Heavy Vehicle South Australia Electricity Entity Record Keeper Exemption Notice 2026 (No.1)
- Purpose
This Notice exempts record keepers of fatigue-regulated heavy vehicles who are working for a specified electricity entity from the requirements under Division 3 of Part 6.4 of the Heavy Vehicle National Law (HVNL) regarding keeping work diary records. Those record keepers may instead comply with the Fatigue Risk Management System implemented by that entity in compliance with its requirements under the Electricity Act 1996 (SA).
Note: Nothing in this exemption relieves the driver of a fatigue regulated heavy vehicle from the duty to avoid driving while fatigued, pursuant to section 228 of the Heavy Vehicle National Law (HVNL).
This Notice does not provide an exemption to work and rest requirements under Part 6.3 of the HVNL, or from any safety duty that may apply under Chapter 1A of the HVNL.
This Notice replaces the National Heavy Vehicle South Australia Electricity Entity Record Keeper Exemption Notice 2023 (No.1). The substantial exemptions and conditions of the Notice are unchanged.
- Authorising Provision(s)
- This Notice is made under the following provision of the HVNL:
- Section 378 - Regulator’s power to exempt record keepers from fatigue record keeping requirements
- Title
This Notice may be cited as the National Heavy Vehicle South Australia Electricity Entity Record Keeper Exemption Notice 2026 (No.1).
- Commencement
This Notice commences on 10 April 2026.
- Expiry
This Notice expires on 9 April 2029.
- Definitions
- Unless otherwise stated, words and expressions used in this Notice have the same meaning as those defined in the Heavy Vehicle National Law (HVNL).
- In this Notice:
Electricity entity has the same meaning as in the Electricity Act 1996 (SA).
Fatigue risk management system means the auditable system of records, policies, standards and procedures maintained by an electricity entity for the purpose of fatigue management in the course of operations, kept in compliance with the Electricity Act 1996 (SA) or as required under other laws.
- Application
- The exemption in section 2(1)(a) of this Notice applies to the record keeper for a driver of a fatigue-regulated heavy vehicle employed by an electricity entity listed in Schedule 1 who is doing work for that entity in compliance with the Electricity Act 1996 (SA).
- Pursuant to s381(1)(a) of the HVNL, the work specified under 1) is the class of work to which this Notice applies.
- The exemption on section 2(1)(a) of this Notice only applies to the extent to which conditions are provided under this Notice.
- A record keeper to whom this section applies and who complies with all of the conditions of this Notice is an eligible record keeper.
- Conditions – compliance with an electricity entity’s fatigue risk management system
- An eligible record keeper must be employed by an electricity entity listed in Schedule 1.
- While operating under this Notice a record keeper must keep records of:
- the electricity entity’s fatigue management system including any changes made to the system; and
- the drivers trained in the electricity entity’s fatigue risk management system; and
- the information specified in section 319 (1) of the Heavy Vehicle National Law for each driver operating under this Notice.
- An eligible record keeper must inform, or arrange for the electricity entity to inform, the Regulator in writing of any substantive changes to its fatigue risk management system.
- When requested by an authorised officer, a record keeper operating under this Notice must provide the names and details of drivers of fatigue-regulated heavy vehicles employed by the electricity entity.
- An eligible record keeper must be trained to the standards required by the electricity entity’s fatigue risk management system and must maintain work and rest records that are compliant with this system.
Paul Daly
Director, Strategic Policy
National Heavy Vehicle Regulator
Schedule 1 Electricity entities for the purposes of eligibility
Pursuant to section 7 and 8 of this Notice, only a named entity, or named parts or divisions of that entity, listed in the following table are relevant for the purposes of eligibility under this exemption.
For example, in the case of a listed division of a larger entity only work done for the named division is relevant to determining eligibility under this exemption.
Table of electricity entities
SA Power Networks Group Enerven Distribution Services, as a division of Enerven Energy Infrastructure Pty Ltd (which is a member company of the SA Power Networks Group) |
Overview
The National Heavy Vehicle South Australia Electricity Entity Record Keeper Exemption Notice 2026 (No.1) was enacted to address the specific record-keeping requirements for record keepers of fatigue-regulated heavy vehicles who are employed by specified electricity entities in South Australia. This exemption allows these record keepers to comply with their employer's Fatigue Risk Management System, as mandated by the Electricity Act 1996 (SA), rather than the general work diary record-keeping requirements under Division 3 of Part 6.4 of the Heavy Vehicle National Law (HVNL). This Notice was authorised by the Heavy Vehicle National Law and was made under section 378, which grants the Regulator the power to exempt record keepers from fatigue record-keeping requirements. It was introduced to streamline record-keeping processes for eligible entities while maintaining the overarching goal of preventing fatigued driving. The Notice is set to commence on 10 April 2026 and will expire on 9 April 2029, unless otherwise extended or repealed.
Scope and Application
The National Heavy Vehicle South Australia Electricity Entity Record Keeper Exemption Notice 2026 (No.1) applies to record keepers of fatigue-regulated heavy vehicles employed by specific electricity entities in South Australia. These entities include SA Power Networks Group and Enerven Distribution Services, as a division of Enerven Energy Infrastructure Pty Ltd, a member company of the SA Power Networks Group. The Notice exempts eligible record keepers from the work diary record-keeping requirements under Division 3 of Part 6.4 of the Heavy Vehicle National Law (HVNL) but mandates that these record keepers comply with the Fatigue Risk Management System implemented by their respective electricity entities. This system must adhere to the requirements of the Electricity Act 1996 (SA) or other applicable laws. This exemption does not relieve drivers from the obligation to avoid driving while fatigued under section 228 of the HVNL, nor does it exempt them from the work and rest requirements under Part 6.3 of the HVNL or any safety duties under Chapter 1A of the HVNL. The Notice comes into effect on 10 April 2026 and will expire on 9 April 2029. It is made under the authority provided by Section 378 of the HVNL and is subject to conditions that ensure compliance with the specified fatigue risk management systems.
Key Provisions
The main operative sections of the National Heavy Vehicle South Australia Electricity Entity Record Keeper Exemption Notice 2026 (No. 1) focus on exempting record keepers of fatigue-regulated heavy vehicles employed by specific electricity entities from the work diary record-keeping requirements under Division 3 of Part 6.4 of the Heavy Vehicle National Law (HVNL). Specifically, section 2(1)(a) of the Notice states that eligible record keepers may comply with the fatigue risk management system of the electricity entity they work for, as stipulated under the Electricity Act 1996 (SA). This exemption applies to record keepers employed by entities listed in Schedule 1 of the Notice who are performing work in compliance with the Electricity Act 1996 (SA). Furthermore, the Notice clarifies that the exemption does not relieve drivers of the duty to avoid driving while fatigued, nor does it exempt them from the work and rest requirements under Part 6.3 of the HVNL or any safety duties under Chapter 1A of the HVNL.
The Notice imposes several obligations on the parties it governs. Firstly, eligible record keepers must be employed by an electricity entity listed in Schedule 1 and must adhere to the conditions outlined in the Notice. These conditions include keeping records of the entity's fatigue management system, any changes to that system, and the information specified in section 319(1) of the HVNL for each driver operating under the Notice. Record keepers must also ensure they are trained to the standards required by the electricity entity's fatigue risk management system and maintain work and rest records compliant with this system. Additionally, they must inform the Regulator in writing of any substantive changes to the fatigue risk management system and provide the names and details of drivers upon request from an authorised officer.
The Notice includes specific provisions for any breaches of its conditions. While the Notice does not explicitly outline penalties, breaches of the HVNL or related Acts may result in civil or criminal consequences. For instance, under section 18 of the Heavy Vehicle National Law, drivers who fail to comply with fatigue management requirements could face penalties, including fines of up to $11,000 and imprisonment for up to two years for individuals, or $55,000 for bodies corporate. Similarly, record keepers who fail to comply with their obligations may also face penalties under relevant sections of the HVNL or other applicable legislation. It is essential for all parties involved to ensure strict compliance with the Notice and the broader legal framework governing heavy vehicle operations.