HEAVY VEHICLE NATIONAL LAW
National Heavy Vehicle South Australia Electricity Entity Work Diary Exemption Notice 2026 (No.1)
- Purpose
This Notice exempts drivers of fatigue-regulated heavy vehicles who are working for an electricity entity from the requirements under Division 2 of Part 6.4 of the Heavy Vehicle National Law (HVNL) regarding keeping a work diary. Those drivers 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 Work Diary 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 357 - Regulator’s power to exempt particular drivers from work diary requirements.
- Title
This Notice may be cited as the National Heavy Vehicle South Australia Electricity Entity Work Diary 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.
- 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 driver of a fatigue-regulated heavy vehicle employed by an electricity entity listed in Schedule 1 and who is doing work for that entity in compliance with the Electricity Act 1996 (SA).
- Pursuant to s357 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 driver to whom this section applies and who complies with all of the conditions of this Notice is an eligible driver.
- Conditions – compliance with an electricity entity’s fatigue risk management system
- An eligible driver must be employed by an Electricity Entity listed in Schedule 1.
- An eligible driver must be trained to the standards required by the Electricity Entity’s Fatigue Risk Management System and be compliant with this system.
- An eligible driver operating under this exemption must ensure that their name is listed with the electricity entity they are employed by as operating under this exemption.
- Conditions – production of documents
- When requested by an authorised officer or a police officer, an eligible driver must produce:
- a copy of this exemption and nominate the electricity entity they are employed by; and
- the name and contact details for the person nominated by that electricity entity as responsible for the electricity entity’s fatigue risk management 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 Work Diary Exemption Notice 2026 (No.1) was enacted to address the need for flexibility in the enforcement of work diary requirements for drivers of heavy vehicles within the electricity sector in South Australia. This Notice was introduced to streamline compliance processes for drivers who are subject to fatigue management systems already in place within their employing electricity entities, as defined under the Electricity Act 1996 (SA). The Notice is made under section 357 of the Heavy Vehicle National Law (HVNL) and was issued by the National Heavy Vehicle Regulator, with a clear policy objective to enhance operational efficiency while maintaining safety standards. The Notice exempts eligible drivers from the need to keep a work diary, allowing them to comply instead with the Fatigue Risk Management Systems implemented by their employers, provided they meet the specified conditions. This exemption does not, however, extend to relieving drivers from their obligation to avoid driving while fatigued or from complying with 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 2026 (No.1) applies to drivers of fatigue-regulated heavy vehicles who are employed by an electricity entity listed in Schedule 1 and are working in compliance with the Electricity Act 1996 (SA). This Notice exempts these drivers from the work diary requirements under Division 2 of Part 6.4 of the Heavy Vehicle National Law (HVNL) but mandates compliance with the Fatigue Risk Management System implemented by the electricity entity. This exemption does not relieve drivers from their duty to avoid driving while fatigued under section 228 of the HVNL, nor does it exempt them from work and rest requirements under Part 6.3 or any safety duties under Chapter 1A of the HVNL. The Notice replaces the previous exemption notice from 2023, maintaining the same exemptions and conditions. The Notice is made under section 357 of the HVNL, which grants the Regulator the power to exempt particular drivers from work diary requirements. It commences on 10 April 2026 and expires on 9 April 2029. Eligible drivers must be employed by an entity listed in Schedule 1, trained according to the entity's Fatigue Risk Management System, and ensure their name is listed with the entity as operating under this exemption. They must also produce specified documents when requested by an authorised officer or police officer.
Key Provisions
The National Heavy Vehicle South Australia Electricity Entity Work Diary Exemption Notice 2026 (No.1) primarily exempts certain drivers of fatigue-regulated heavy vehicles from the requirement to keep a work diary under Division 2 of Part 6.4 of the Heavy Vehicle National Law (HVNL) (s2(1)(a)). Instead, these drivers can comply with the Fatigue Risk Management System (FRMS) implemented by their electricity entity, provided they meet specific conditions (s2(1)(b)-(d)). The Notice applies to drivers employed by an electricity entity listed in Schedule 1 and working for that entity under the Electricity Act 1996 (SA). This exemption does not relieve drivers of the duty to avoid driving while fatigued, nor does it exempt them from work and rest requirements or any safety duties under the HVNL.
Entities and drivers subject to the Notice have several obligations. Eligible drivers must be employed by an entity listed in Schedule 1 and must be trained and compliant with the entity’s FRMS (s2(1)(b)-(d)). Additionally, drivers must ensure their name is listed with their employer as operating under this exemption. When requested by an authorised officer or a police officer, drivers must produce a copy of the exemption, identify their employer, and provide the contact details of the person responsible for the employer's FRMS (s2(1)(c)-(d)). These obligations ensure that drivers are both aware of and comply with the specific conditions of the exemption.
Breaching the conditions of the Notice can lead to various consequences. While the Notice does not explicitly state penalties for non-compliance, breaches of the HVNL or related laws may incur penalties under those provisions. For example, failing to comply with the duty to avoid driving while fatigued under section 228 of the HVNL could result in significant fines and imprisonment. Additionally, failure to produce required documents or comply with the FRMS when requested by an authorised officer could lead to enforcement actions under the HVNL, potentially including fines and other penalties as prescribed by law. It is crucial for drivers and entities to adhere to the conditions of this exemption to avoid these potential consequences.