National Heavy Vehicle Standards (Queensland Electricity Entity Fatigue Record Keeping) Exemption Notice 2015 (No. 1)

Overview

The National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption (Notice) 2015 (No 1) was enacted to address the gap in the current record-keeping requirements for drivers of fatigue-regulated heavy vehicles employed by electricity entities in Queensland. This Notice was authorised under Section 378 of the Heavy Vehicle National Law as in force in Queensland. It provides an exemption from the record-keeping requirements under Chapter 6 Part 6.4 Division 3 of the Heavy Vehicle National Law for certain entities while specifying conditions for their operation. The Notice applies to record keepers for drivers of fatigue-regulated heavy vehicles employed by an Electricity Entity listed in Schedule 1, who are carrying out activities on the works of the Electricity Entity. The primary policy objective of this Notice is to streamline record-keeping processes for specified entities while ensuring safety and compliance with relevant legislation. The Notice stipulates that a record keeper operating under this exemption must be an employee of an Electricity Entity listed in Schedule 1. Additionally, they must maintain records of the Electricity Entity's Fatigue Management System, any changes to the System, and the drivers trained in the System. The Electricity Entity must also inform the Regulator of any substantive changes to its Fatigue Management System and report any reportable fatigue-related events as soon as practicable. The Notice further mandates that the Electricity Entity must audit its Fatigue Management System six months after commencing operations under this Notice, and annually thereafter, providing the results to the Regulator upon request. This Notice aims to balance the need for efficient record-keeping with the imperative of maintaining high safety standards in the operation of fatigue-regulated heavy vehicles.

Scope and Application

The National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption (Notice) 2015 (No 1) applies to record keepers for drivers of fatigue-regulated heavy vehicles employed by an Electricity Entity listed in Schedule 1 who are carrying out activities on the Works of the Electricity Entity. The Notice exempts these record keepers from certain record-keeping requirements under Division 3 of Part 6.4 of Chapter 6 of the Heavy Vehicle National Law, but specifies conditions that must be met. It is made under Section 378 of the Heavy Vehicle National Law as in force in Queensland and applies to designated entities operating within the state, as defined by the Electricity Act 1994 (Qld) and the Electrical Safety Act 2002 (Qld). The Notice commences on the date of its publication in the Commonwealth Gazette and expires three years later. It allows for the application to be extended or restricted through subordinate instruments as necessary.

Key Provisions

The key operative sections of the National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption (Notice) 2015 (No 1) (the "Notice") include its purpose (section 1), the authorising provisions (section 2), the definitions (section 6), the application (section 7), the exemption (section 8), and the conditions (section 9). Section 1 explains that the purpose of the Notice is to exempt certain record keepers from specific provisions of the Heavy Vehicle National Law, while section 2 clarifies that it is made under section 378 of that Law. Section 6 defines key terms used in the Notice, such as "distribution authority," "electricity entity," "fatigue management system," "reportable fatigue related event," and "works of an electricity entity." Section 7 states that the Notice applies to record keepers for drivers of fatigue-regulated heavy vehicles employed by an electricity entity listed in Schedule 1, carrying out activities on the works of that entity. Section 8 exempts these record keepers from certain record-keeping requirements, while section 9 outlines the conditions that must be met for this exemption to apply. The Notice imposes several obligations and requirements on the parties it governs. First, a record keeper operating under this Notice must be an employee of an electricity entity listed in Schedule 1 (section 9(1)). Second, they must maintain records of the electricity entity’s fatigue management system, including any changes made to it, the drivers trained in that system, and the information specified in section 319(1) of the Heavy Vehicle National Law for each driver operating under this Notice (section 9(2)). Third, an electricity entity must inform the Regulator in writing of any substantive changes to its fatigue management system (section 9(3)). Fourth, it 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 (section 9(4)). Fifth, when requested by an authorised officer, a record keeper must provide the names and details of drivers of fatigue-regulated heavy vehicles employed by the electricity entity (section 9(5)). Lastly, an electricity entity must audit its fatigue management system six months after commencing operations under this Notice, and thereafter annually, and provide the results of those audits to the Regulator or an authorised officer on request (section 9(6)). The Notice also outlines potential offences, penalties, and civil or criminal consequences for breach. However, the specific penalties or consequences for breaching the conditions outlined in the Notice are not stated within the text of the Notice itself. It is likely that breaches of the Heavy Vehicle National Law, of which this Notice is a part, could result in civil or criminal penalties as outlined in that Law. For instance, under section 387 of the Heavy Vehicle National Law, a person who contravenes certain provisions of the Law may be liable to a fine of up to 120 penalty units (currently AUD 13,320) for an individual and up to 600 penalty units (currently AUD 66,600) for a body corporate. More serious offences may result in higher penalties, including imprisonment. However, it is important to consult the Heavy Vehicle National Law and any relevant Queensland or Commonwealth legislation for specific information on penalties and consequences for breach.