HEAVY VEHICLE NATIONAL LAW
National Heavy Vehicle South Australia Electricity Entity Work Diary Exemption Notice 2026 (No.2)
- 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 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 National Heavy Vehicle South Australia Electricity Entity Work Diary 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 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.2).
- Commencement
This Notice commences on 1 August 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
- 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 section 361 of the HVNL, the work specified under 1) is the class of work to which this Notice applies.
- 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.2) was enacted to address the need for a streamlined approach to fatigue management for drivers of fatigue-regulated heavy vehicles employed by electricity entities in South Australia. The Notice was introduced to alleviate the administrative burden of maintaining work diaries for these drivers while ensuring that they comply with the safety and regulatory requirements under the Heavy Vehicle National Law (HVNL). This Notice was enacted by the National Heavy Vehicle Regulator and is intended to allow drivers to adhere to their employer's Fatigue Risk Management System as an alternative to the mandatory work diary requirements. Importantly, this exemption does not absolve drivers from their duty to avoid driving while fatigued, nor does it exempt them from the broader work and rest requirements and safety duties under the HVNL. The Notice will commence on 1 August 2026 and will expire on 9 April 2029 unless otherwise amended or revoked.
Scope and Application
The National Heavy Vehicle South Australia Electricity Entity Work Diary Exemption Notice 2026 (No.2) applies to drivers of fatigue-regulated heavy vehicles who are employed by specified electricity entities and are working for these entities in accordance with the Electricity Act 1996 (SA). This exemption allows these drivers to forgo the work diary requirements under Division 2 of Part 6.4 of the Heavy Vehicle National Law (HVNL) while complying with the Fatigue Risk Management System implemented by their respective electricity entities. The Notice is confined to South Australia and is intended to streamline the regulatory requirements for these drivers without compromising safety. It is important to note that this exemption does not relieve drivers from the obligation to avoid driving while fatigued, as stipulated under section 228 of the HVNL, nor does it exempt them from the work and rest requirements in Part 6.3 of the HVNL or any applicable safety duties in Chapter 1A of the HVNL. The exemption is in effect from 1 August 2026 until 9 April 2029, replacing the previous exemption notice and continuing the same terms and conditions.
Key Provisions
The National Heavy Vehicle South Australia Electricity Entity Work Diary Exemption Notice 2026 (No.2) outlines specific provisions that exempt drivers of fatigue-regulated heavy vehicles, who are working for an electricity entity, from the work diary requirements stipulated in Division 2 of Part 6.4 of the Heavy Vehicle National Law (HVNL) (sections 357, 361). Instead, these drivers are required to comply with the Fatigue Risk Management System (FRMS) implemented by the electricity entity, as long as the entity adheres to the requirements of the Electricity Act 1996 (SA). It is crucial to note that this exemption does not relieve the drivers of their duty to avoid driving while fatigued, which is mandated by section 228 of the HVNL. Additionally, the exemption does not exempt drivers from the work and rest requirements under Part 6.3 of the HVNL or any safety duties applicable under Chapter 1A of the HVNL.
This Notice imposes certain obligations and requirements on the parties it governs. Firstly, eligible drivers must be employed by an electricity entity listed in Schedule 1 and must comply with all conditions specified in the Notice. They must be trained to the standards required by the entity's FRMS and must ensure their name is listed with the entity as operating under this exemption. When requested by an authorised officer or a police officer, these drivers must produce a copy of the exemption, nominate the electricity entity they are employed by, and provide the name and contact details of the person responsible for the entity’s FRMS.
Breaches of the obligations and requirements set forth in this Notice may lead to civil or criminal consequences. While the Notice itself does not explicitly state penalties, violations of the Heavy Vehicle National Law (HVNL) or related Acts could result in penalties such as fines and potential imprisonment. The specific penalties would depend on the nature and severity of the breach and would be governed by the relevant provisions in the HVNL and other applicable legislation. It is essential for drivers and electricity entities to comply strictly with the requirements to avoid any legal repercussions.