National Heavy Vehicle South Australia Electricity Entity Work Diary Exemption Notice 2023 (No.1)

Overview

The Heavy Vehicle National Law National Heavy Vehicle South Australia Electricity Entity Work Diary Exemption Notice 2023 (No.1) was enacted to address a gap in the Heavy Vehicle National Law (HVNL) concerning the work diary requirements for drivers of fatigue-regulated heavy vehicles who are employed by an electricity entity in South Australia. The notice was introduced by the National Heavy Vehicle Regulator and aims to provide an exemption for these drivers from the work diary requirements, allowing them to comply instead with the Fatigue Risk Management System implemented by their respective electricity entities in accordance with the Electricity Act 1996 (SA). This exemption was designed to streamline compliance for drivers employed by electricity entities while maintaining the overarching safety objectives of the HVNL, including the avoidance of driving while fatigued. The notice, which comes into effect on 10 April 2023 and expires on 9 April 2026, applies to eligible drivers employed by listed electricity entities who perform work for those entities in compliance with the Electricity Act 1996 (SA). Eligible drivers must be trained according to their employer’s Fatigue Risk Management System and must produce relevant documents upon request by authorised officers or police officers. This exemption does not relieve drivers of their duty to avoid driving while fatigued or from any work and rest requirements or safety duties under the HVNL.

Scope and Application

The National Heavy Vehicle South Australia Electricity Entity Work Diary Exemption Notice 2023 (No.1) provides a specific exemption for drivers of fatigue-regulated heavy vehicles who are employed by an electricity entity in South Australia from the requirements of keeping a work diary as stipulated under Division 2 of Part 6.4 of the Heavy Vehicle National Law (HVNL). This exemption allows these drivers to comply instead with the Fatigue Risk Management System implemented by their employing electricity entity, provided it adheres to the requirements under the Electricity Act 1996 (SA). It is crucial to note that this exemption does not relieve these drivers of the obligation to avoid driving while fatigued as outlined in 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 applies to drivers employed by entities specifically listed in Schedule 1 and working in compliance with the Electricity Act 1996 (SA). This exemption extends to the extent that the conditions of this Notice are met, and it replaces the previous National Heavy Vehicle South Australia Electricity Entity Work Diary Exemption Notice 2020 (No.1) with unchanged conditions.

Key Provisions

The key provision of this notice is section 2(1)(a) which exempts drivers of fatigue-regulated heavy vehicles who are employed by a specified electricity entity from the work diary requirements under Division 2 of Part 6.4 of the Heavy Vehicle National Law (HVNL), instead permitting them to comply with the fatigue risk management system implemented by the entity (section 7). This exemption applies to drivers who are working for an entity listed in Schedule 1 and doing work in compliance with the Electricity Act 1996 (SA) (section 8). The notice sets out the conditions that must be met in order for the exemption to apply, including that the driver must be trained to the standards required by the entity’s fatigue risk management system and be compliant with that system (section 9). The obligations imposed by the notice on the parties it governs include that the driver must be employed by an electricity entity listed in Schedule 1, and must ensure that their name is listed with the entity as operating under the exemption (section 8). Additionally, the driver must produce certain documents when requested by an authorised officer or a police officer, including a copy of the exemption notice and the name and contact details for the person responsible for the entity’s fatigue risk management system (section 9). There are no explicit offences, penalties, or consequences for breach stated in the notice itself. However, it is noted that the exemption does not relieve the driver of their duty to avoid driving while fatigued, pursuant to section 228 of the HVNL (Purpose). Any breach of this duty may result in criminal or civil penalties under the HVNL or other relevant legislation. The notice also makes it clear that it 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. The notice is made under section 357 of the HVNL, which grants the Regulator the power to exempt particular drivers from work diary requirements. The notice commences on 10 April 2023 and expires on 9 April 2026, replacing the National Heavy Vehicle South Australia Electricity Entity Work Diary Exemption Notice 2020 (No.1). The exemptions and conditions of the notice are largely unchanged from the previous version. The notice applies to drivers employed by an electricity entity listed in Schedule 1 who are doing work for that entity in compliance with the Electricity Act 1996 (SA). The notice sets out the conditions that must be met in order for the exemption to apply, including that the driver must be trained to the standards required by the entity’s fatigue risk management system and be compliant with that system. When requested by an authorised officer or a police officer, an eligible driver must produce a copy of the exemption notice and nominate the electricity entity they are employed by, as well as the name and contact details for the person responsible for the entity’s fatigue risk management system.