HEAVY VEHICLE NATIONAL LAW
National Heavy Vehicle South Australia Electricity Entity Record Keeper Exemption Notice 2026 (No.2)
- 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 heavy vehicle from the duty to not drive 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 revokes the National Heavy Vehicle South Australia Electricity Entity Record Keeper Exemption Notice 2026 (No.1). This Notice carries forward the previous exemptions and conditions in the same terms.
- 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.2).
- Commencement
This Notice commences on 1 July 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 section 381(1)(a) of the HVNL, the work specified under 1) is the class of work to which this Notice applies.
- The exemption in 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.
- An eligible record keeper must inform, or arrange for the electricity entity to inform, the Regulator of a reportable fatigue related event as soon as practicable after the event comes to their knowledge.
- 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 sections 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.2) was enacted to address the specific record-keeping requirements for fatigue-regulated heavy vehicles operated by entities in the electricity sector in South Australia. This Notice was issued under section 378 of the Heavy Vehicle National Law (HVNL), granting the Regulator the authority to exempt certain record keepers from the general record-keeping obligations under Division 3 of Part 6.4 of the HVNL. The policy objective of this exemption is to streamline compliance processes for electricity entities by allowing them to adhere to their own Fatigue Risk Management Systems (FRMS) as mandated under the Electricity Act 1996 (SA). This approach aims to reduce administrative burdens while ensuring that safety standards are maintained. The Notice exempts eligible record keepers from the need to maintain work diary records, provided they comply with the conditions outlined in the Notice and the FRMS of their employing entity. It is important to note that this exemption does not relieve drivers of their duty to avoid driving while fatigued or affect work and rest requirements or safety duties under the HVNL.
Scope and Application
The National Heavy Vehicle South Australia Electricity Entity Record Keeper Exemption Notice 2026 (No. 2) is an exemption notice that applies to record keepers of fatigue-regulated heavy vehicles employed by specified electricity entities in South Australia. This notice exempts these record keepers from certain fatigue record-keeping requirements under the Heavy Vehicle National Law (HVNL) and allows them to comply with the Fatigue Risk Management System (FRMS) implemented by their respective electricity entities in accordance with the Electricity Act 1996 (SA). It is crucial to note that this exemption does not relieve drivers of heavy vehicles from the duty to not drive while fatigued, nor does it exempt them from work and rest requirements or any safety duties under the HVNL. The notice revokes the previous exemption notice and carries forward its exemptions and conditions in the same terms. The exemption applies to record keepers employed by electricity entities listed in Schedule 1 of the Notice, who are performing work for those entities in compliance with the Electricity Act 1996 (SA). This Notice was made under section 378 of the HVNL, which grants the Regulator the power to exempt record keepers from fatigue record-keeping requirements. It commences on 1 July 2026 and expires on 9 April 2029. The Notice also outlines conditions that eligible record keepers must adhere to, such as maintaining records of the electricity entity's FRMS, informing the Regulator of any substantive changes to the FRMS, and reporting reportable fatigue-related events.
Key Provisions
The National Heavy Vehicle South Australia Electricity Entity Record Keeper Exemption Notice 2026 (No.2) provides exemptions to certain record keepers of fatigue-regulated heavy vehicles from specific record-keeping requirements under Division 3 of Part 6.4 of the Heavy Vehicle National Law (HVNL) (section 2(1)(a)). These exemptions are available to record keepers employed by specified electricity entities listed in Schedule 1 who are working for those entities in compliance with the Electricity Act 1996 (SA). Instead of keeping work diary records, these record keepers must comply with the Fatigue Risk Management System (FRMS) implemented by the electricity entity. However, it is important to note that this exemption does not relieve drivers from their obligation to not drive while fatigued, as stipulated under section 228 of the HVNL, nor does it exempt them from work and rest requirements under Part 6.3 of the HVNL or any safety duties under Chapter 1A of the HVNL.
Under this Notice, eligible record keepers must meet several obligations. Firstly, they must be employed by an electricity entity listed in Schedule 1 (section 2(1)(a)). Secondly, they must maintain records of the electricity entity's FRMS, including any changes made to the system, and records of drivers trained in the FRMS and the information specified in section 319(1) of the HVNL for each driver operating under this Notice (section 4(1)). Additionally, they must inform, or arrange for the electricity entity to inform, the Regulator in writing of any substantive changes to the FRMS (section 4(2)(a)). Record keepers must also inform, or arrange for the electricity entity to inform, the Regulator of a reportable fatigue-related event as soon as practicable after the event comes to their knowledge (section 4(2)(b)). Furthermore, when requested by an authorised officer, they must provide the names and details of drivers of fatigue-regulated heavy vehicles employed by the electricity entity (section 4(3)). Lastly, record keepers must be trained to the standards required by the electricity entity's FRMS and must maintain work and rest records that are compliant with this system (section 4(4)).
Failure to comply with the obligations and conditions set out in the Notice may result in legal consequences. However, the Notice itself does not explicitly state the penalties for non-compliance. Typically, breaches of the Heavy Vehicle National Law (HVNL) or related regulations may result in fines and other sanctions as prescribed by the HVNL or other relevant laws. The penalties can vary depending on the nature and severity of the breach. It is essential for record keepers and their employers to ensure compliance with the requirements to avoid any potential legal repercussions.