National Heavy Vehicle South Australian Electricity Entity Record Keeping Exemption Notice 2020 (No.1)

HEAVY VEHICLE NATIONAL LAW

National Heavy Vehicle South Australian Electricity Entity Record Keeping Exemption Notice 2020 (No.1)

1         Purpose

The purpose of this Notice is to exempt record keepers for drivers of fatigue-regulated heavy vehicles carrying out activities on the works of an Electricity Entity from the requirement to comply with stated provisions of Division 3 of Part 6.4 of Chapter 6 of the Heavy Vehicle National Law.

2         Authorising Provision(s)

This notice is made under Section 378 of the Heavy Vehicle National Law as in force in participating jurisdictions.

3         Title

This notice may be cited as the National Heavy Vehicle South Australia Electricity Entity Record Keeping Exemption Notice 2020.

4         Commencement

This notice commences on 9 April 2020.

5         Expiry

This notice expires three years after publication.

6         Definitions

(1) Unless otherwise stated, words and expressions used in this Notice have the same meaning as those defined in the Heavy Vehicle National Law.

(2) In this Notice—

Distribution authority means a current distribution authority that is issued to electricity entities, pursuant to Part 1 of the Electricity Act 1996 (SA).

Electricity Entity as defined in 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.

Reportable fatigue related event means any incident or accident that involves a fatigue-regulated heavy vehicle that must also be reported under the Work Health and Safety Act 2012 (SA) or any other relevant South Australian or Commonwealth legislation.

Works of an Electricity Entity as described in the Electricity Act 1996 (SA) and Electricity (General) Regulations 2012 (SA).

7         Application

(1)    This Notice applies to:

(a)     Record keepers of the drivers of fatigue-regulated heavy vehicles employed by an Electricity Entity listed in Schedule 1;

(b)     carrying out activities of the Electricity Entity;

8         Exemption

This Notice provides an exemption from the requirement under Chapter 6 Part 6.4 Division 3 Requirements About Record Keeping of the Heavy Vehicle National Law.

9         Conditions

(1)    A Record Keeper operating under this exemption must be employed by an Electricity Entity listed in Schedule 1.

(2)    While operating under this notice a Record Keeper must keep records of:

(a)     the Electricity Entity’s Fatigue Management System including any changes made to the system; and

(b)     the drivers trained in the Electricity Entity’s Fatigue Risk Management System; and

(c)      the information specified in section 319 (1) of the Heavy Vehicle National Law for each driver operating under this notice.  

(3)    An Electricity Entity operating under this notice must inform the Regulator in writing of any substantive changes to its Fatigue Risk Management System.

(4)    An Electricity Entity operating under this notice must inform the Regulator of a reportable fatigue related event as soon as practicable after the event comes to the knowledge of the Electricity Entity.

(5)    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.

(6)    An Electricity Entity must audit its Fatigue Risk Management System:

(a)     six months after commencing operations under this notice; and

(b)     thereafter annually; and

(c)      provide the results of those audits to the Regulator or an authorised officer on request

Greg Fill

Director (Safety Assurance)

National Heavy Vehicle Regulator

Schedule 1 Table of Electricity Entities