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

Overview

The Heavy Vehicle National Law National Heavy Vehicle South Australian Electricity Entity Work Diary Exemption Notice 2020 (No. 1) was enacted to address the need for a streamlined approach to the management of fatigue-regulated heavy vehicle drivers working for entities involved in the electricity distribution sector in South Australia. This Notice was made under Section 357 of the Heavy Vehicle National Law, as in force in participating jurisdictions, and it seeks to provide an exemption from the requirement to carry and complete a National Driver Work Diary for specified drivers. The policy objective is to facilitate more efficient fatigue management within the electricity sector by allowing reliance on the Fatigue Risk Management Systems maintained by electricity entities, thereby reducing administrative burdens while maintaining safety standards. The Notice applies to drivers of fatigue-regulated heavy vehicles employed by electricity entities listed in Schedule 1, who are engaged in the activities of those entities, and it exempts them from certain work diary requirements under the Heavy Vehicle National Law, subject to specific conditions.

Scope and Application

The National Heavy Vehicle South Australian Electricity Entity Work Diary Exemption Notice 2020 (No.1) applies specifically to drivers of fatigue-regulated heavy vehicles who are employed by an Electricity Entity as defined in the Electricity Act 1996 (SA) and are listed in Schedule 1 of the Notice. The Notice exempts these drivers from the requirement to carry and complete a National Driver Work Diary as stipulated under Part 6.4 Division 2 of the Heavy Vehicle National Law. This exemption is contingent upon the drivers being trained according to the standards set by the Electricity Entity’s Fatigue Risk Management System and complying with that system. Additionally, the driver must ensure that their name is listed with their employing Electricity Entity as operating under this exemption and must provide the relevant details when requested by an authorised officer. The Notice applies within the jurisdictions participating in the Heavy Vehicle National Law and comes into effect on 9 April 2020, expiring three years after its publication.

Key Provisions

The National Heavy Vehicle South Australian Electricity Entity Work Diary Exemption Notice 2020 (No.1) provides an exemption from certain work diary requirements for drivers of fatigue-regulated heavy vehicles employed by specific electricity entities in South Australia. Section 7 specifies that the notice applies to drivers working for entities listed in Schedule 1, which are carrying out activities for the listed electricity entities. These drivers are exempted from the requirement to carry and complete a National Driver Work Diary under Part 6.4 Division 2 of the Heavy Vehicle National Law, as outlined in section 8. Section 9 outlines the conditions that must be met for the exemption to apply. First, the driver must be employed by an electricity entity listed in Schedule 1 (section 9(1)). Second, the driver must be trained according to the standards of the electricity entity's Fatigue Risk Management System and comply with that system (section 9(2)). Third, the driver must ensure that their name is listed with the electricity entity as operating under this exemption (section 9(3)). Lastly, the driver must provide the name, contact details of the person responsible for the Fatigue Risk Management System, and the name of the electricity entity they work for when requested by an authorised officer (section 9(4)). Failure to comply with the conditions outlined in section 9 of the Notice may result in enforcement actions. While the Notice itself does not explicitly state the penalties for non-compliance, breaches of the Heavy Vehicle National Law can lead to various civil and criminal consequences. Civil penalties may include fines up to $13,200 for individuals and $66,000 for corporations, as per section 235 of the Heavy Vehicle National Law. Additionally, criminal offences under the Heavy Vehicle National Law may result in penalties of up to $220,000 for individuals and $1,100,000 for corporations, as well as potential imprisonment terms, depending on the severity of the breach.