National Heavy Vehicle South Australian Electricity Entity Work and Rest Hours Exemption Notice 2020 (No.1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2020G00293 In force Gazette

Legislation content

HEAVY VEHICLE NATIONAL LAW

National Heavy Vehicle South Australian Electricity Entity Work and Rest Hours Exemption Notice 2020 (No.1)

1         Purpose

The purpose of this Notice is to exempt drivers of fatigue-regulated heavy vehicles carrying out activities on the works of an Electricity Entity in unplanned urgent circumstances from the requirement of the Heavy Vehicle National Law Part 6.3 Division 2 Standard Work and Rest Arrangements.

2         Authorising Provision(s)

This notice is made under Section 266 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 Work and Rest Hours 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.

 

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

Risk Assessment as defined in the Electricity Entity’s Fatigue Risk Management System.

7         Application

(1)    This Notice applies to:

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

b)      carrying out activities of the Electricity Entity;

c)       for urgent unplanned circumstances required to comply with the Electricity Entity’s statutory obligations under the Electricity Act 1996 (SA), including but not limited to:

  1. fault response, rectifying life threatening / dangerous situations that pose an electrical safety risk  such as live wires below statutory height or on ground; or
  2. restoration of electricity supply to essential services such as hospitals, water and sewage services, and customers relying on medical equipment; or
  3. restoration of electricity supply to maintain compliance with the Electricity Entities Distribution Authority’s Minimum Service Standards (MSS) and Service Target Performance Incentive Scheme (STPIS) as set by the Australian Electricity Regulator.

8         Exemption

This Notice provides an exemption from the requirement under Part 6.3 Division 2 Standard Work and Rest Arrangements of the Heavy Vehicle National Law.

9         Conditions- General

(1)    A driver of a fatigue-regulated heavy vehicle operating under this exemption must be employed by an Electricity Entity listed in Schedule 1.

(2)    A driver of a fatigue-regulated heavy vehicle operating under this exemption must be trained to the standards required by the Electricity Entity’s Fatigue Risk Management System and comply with this System.

(3)    When requested by an authorised officer, a driver of a fatigue-regulated heavy vehicle operating under this exemption must 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 Fatigue Risk Management System.

 

 

 

(4)    The person responsible for the Electricity Entity’s Fatigue Management System must keep records of:

a)      drivers operating under this notice; and

b)      risk assessments required under this notice, and

c)       information in relation to the cause and outcome of fatigue related incidents.

10     Conditions – Work and rest hours

(1)    Table 1 specifies the maximum work times and minimum rest times for drivers operating under this exemption. 

Table 1 – Exemption hours

Column 1

Time Period

Column 2

Upper Work Limit

Column 3

Minimum Rest Hours

In any period of…

A driver must not work more than a maximum of…

And must have the rest of that period off work with at least a minimum rest break of…

5 hours 30 minutes

5 ¼ hours

15 minutes continuous rest time

24 hours

16 hours

8 hours continuous stationary rest time

18 days

256 hours

48 hours continuous stationary rest time

28 days

256 hours

4 periods of 24 hours continuous stationary rest time

 

(2)    In the total period specified in Column 1, a driver of a fatigue-regulated heavy vehicle operating under this exemption must not rest less than the minimum rest hours specified in Column 3.

(3)    A driver of a fatigue-regulated heavy vehicle operating under this exemption who has implemented the control measures specified in the Electricity Entity’s Fatigue Risk Management Systems must not work more than the upper work time specified in Column 2.

(4)    A driver of a fatigue-regulated heavy vehicle operating under this notice must complete risk assessments in accordance with the relevant Electricity Entity’s Fatigue Risk Management System.

 

Greg Fill

Director (Safety Assurance)

National Heavy Vehicle Regulator

 

 

 

 

 

 

Schedule 1 Table of Electricity Entities

Electricity Entity

Electricity Act 1996 (SA)

 

SA Power Networks Group

 

Overview

The National Heavy Vehicle South Australian Electricity Entity Work and Rest Hours Exemption Notice 2020 (No.1) was enacted to address the need for flexibility in work and rest hours for drivers of heavy vehicles involved in urgent, unplanned activities for electricity entities. This notice, made under Section 266 of the Heavy Vehicle National Law as in force in participating jurisdictions, was developed to accommodate the critical nature of work carried out by these drivers, such as responding to faults or restoring essential services, where immediate attention is required and cannot always comply with standard work and rest arrangements. This exemption applies to drivers employed by specified electricity entities, ensuring they are trained and compliant with the respective entity's fatigue risk management systems. The notice aims to balance operational necessity with safety, allowing flexibility in work hours while maintaining strict adherence to fatigue management protocols.

Scope and Application

The National Heavy Vehicle South Australian Electricity Entity Work and Rest Hours Exemption Notice 2020 applies specifically to drivers of fatigue-regulated heavy vehicles employed by an Electricity Entity listed in Schedule 1 of the Notice, who are engaged in activities for such an entity in urgent, unplanned circumstances. These circumstances include fault response, rectifying life-threatening or dangerous electrical safety situations, and restoring electricity supply to essential services or in compliance with statutory obligations under the Electricity Act 1996 (SA). This Notice serves to exempt these drivers from the standard work and rest arrangements outlined in Part 6.3 Division 2 of the Heavy Vehicle National Law. However, it imposes certain conditions, such as requiring the drivers to be trained according to the Electricity Entity's Fatigue Risk Management System, and mandating the keeping of records by the entity's Fatigue Management System responsible person. The Notice also stipulates specific maximum work times and minimum rest periods that must be adhered to, as outlined in Table 1 of the Notice. The exemption is effective across participating jurisdictions under Section 266 of the Heavy Vehicle National Law, and it will remain in force for three years following its publication on 9 April 2020.

Key Provisions

This Notice, made under Section 266 of the Heavy Vehicle National Law, aims to exempt drivers of fatigue-regulated heavy vehicles from certain work and rest requirements when they are involved in urgent, unplanned activities for an Electricity Entity in South Australia (section 1). The exemption applies to drivers employed by specific Electricity Entities as listed in Schedule 1 of the Notice, who are working on activities such as responding to faults, restoring electricity to essential services, or maintaining compliance with service standards (section 7). The obligations imposed by this Notice include that the drivers must be trained in the relevant Fatigue Risk Management System of the Electricity Entity they are employed by and must comply with that System (section 9(2)). Furthermore, the person responsible for the Fatigue Risk Management System must maintain records of drivers operating under this exemption, the required risk assessments, and details of any fatigue-related incidents (section 9(4)). Additionally, drivers must adhere to specified work and rest periods outlined in Table 1 of the Notice (section 10). Breaches of this Notice may result in civil or criminal penalties. While the Notice does not explicitly detail the penalties, it is important to note that under the Heavy Vehicle National Law, breaches of certain provisions can result in significant fines and potential criminal charges. The precise penalties would depend on the specific nature of the breach and the relevant provisions of the Heavy Vehicle National Law. The Notice is designed to balance the need for rapid response to urgent situations with the importance of managing driver fatigue to ensure safety. By specifying detailed conditions and exemptions, the Notice seeks to provide a legal framework that allows for necessary emergency responses while maintaining safety standards as much as possible.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.