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

Overview

The National Heavy Vehicle South Australian Electricity Entity Record Keeping Exemption Notice 2020 (No.1) was enacted to address the need for streamlined record-keeping requirements for fatigue-regulated heavy vehicles involved in activities on the works of an Electricity Entity in South Australia. This notice was made under Section 378 of the Heavy Vehicle National Law as in force in participating jurisdictions, and it commenced on 9 April 2020. The purpose of the notice is to exempt record keepers for drivers of fatigue-regulated heavy vehicles employed by specified Electricity Entities from certain provisions of Division 3 of Part 6.4 of Chapter 6 of the Heavy Vehicle National Law, while ensuring that certain record-keeping responsibilities are maintained. The notice aims to balance the need for streamlined record-keeping with the importance of maintaining safety and compliance standards in the heavy vehicle industry. This exemption is intended to support the efficient operation of Electricity Entities while ensuring that safety and regulatory requirements are met.

Scope and Application

The National Heavy Vehicle South Australian Electricity Entity Record Keeping Exemption Notice 2020 applies to record keepers of drivers employed by specified electricity entities, as listed in Schedule 1, who operate fatigue-regulated heavy vehicles engaged in activities on the works of an electricity entity. This Notice is made under Section 378 of the Heavy Vehicle National Law as it applies in participating jurisdictions and provides an exemption from the record-keeping requirements outlined in Division 3 of Part 6.4 of Chapter 6 of the Heavy Vehicle National Law. The entities covered are those defined under the Electricity Act 1996 (SA), with the Notice applying to record keepers employed by these entities who are managing the drivers of fatigue-regulated heavy vehicles. The Notice stipulates specific conditions, including maintaining records of the entity’s Fatigue Risk Management System, the drivers trained under this system, and the information required under the Heavy Vehicle National Law for each driver. Additionally, the electricity entities must report any substantive changes to their Fatigue Risk Management System to the Regulator and notify the Regulator of any reportable fatigue-related events as soon as practicable. The Notice also mandates that the entity’s Fatigue Risk Management System be audited six months after the commencement of operations and annually thereafter, with the results made available to the Regulator or an authorised officer upon request.

Key Provisions

The National Heavy Vehicle South Australian Electricity Entity Record Keeping Exemption Notice 2020 (No. 1) primarily targets the record keepers of drivers employed by specific electricity entities to provide an exemption from certain record-keeping requirements under the Heavy Vehicle National Law (sections 1 and 8). This exemption applies to record keepers of drivers of fatigue-regulated heavy vehicles working on the infrastructure of listed electricity entities (section 7(1)(a)). The exemption is conditional, meaning that while certain requirements are waived, other obligations remain in place (section 9). For instance, record keepers must maintain records related to the electricity entity’s Fatigue Risk Management System, including any modifications to this system, and the drivers trained in this system (section 9(2)(a) and (b)). Additionally, they must retain information specified in section 319(1) of the Heavy Vehicle National Law for each driver (section 9(2)(c)). The Notice imposes specific obligations on both record keepers and the electricity entities. Record keepers must adhere to the conditions outlined in section 9, ensuring they keep detailed and accurate records as stipulated. Electricity entities are also required to inform the Regulator of any significant changes to their Fatigue Risk Management System in writing (section 9(3)) and must report any reportable fatigue-related events as soon as they become aware of them (section 9(4)). Furthermore, upon request from an authorised officer, record keepers must disclose the names and details of drivers of fatigue-regulated heavy vehicles employed by the electricity entity (section 9(5)). The electricity entities are mandated to audit their Fatigue Risk Management System six months after commencing operations under this Notice and annually thereafter, providing the audit results to the Regulator or an authorised officer upon request (section 9(6)). Failure to comply with the requirements and conditions set out in this Notice may lead to various legal consequences. Although the Notice does not explicitly detail specific offences, penalties, or civil/criminal consequences, non-compliance with the Heavy Vehicle National Law or related regulations could result in penalties as prescribed by the law. These penalties can include fines and other sanctions that may be stipulated in the Heavy Vehicle National Law or other relevant legislation. The specific penalties would depend on the nature and severity of the breach, as well as any additional provisions within the Heavy Vehicle National Law.