National Heavy Vehicle Standards (Queensland Electricity Entity Work Diary) Exemption Notice 2015 (No. 1)

Overview

The National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption (Notice) 2015 (No 1) was enacted to provide an exemption from carrying and completing a National Driver Work Diary for drivers of fatigue-regulated heavy vehicles operating for specific electricity entities in Queensland. The Notice was made under Section 357 of the Heavy Vehicle National Law, as in force in Queensland, and commenced on the date of publication in the Commonwealth Gazette. The primary objective of this Notice is to streamline compliance requirements for drivers of fatigue-regulated heavy vehicles who are employed by electricity entities and are engaged in activities on the works of these entities. This exemption aims to reduce administrative burdens while ensuring that fatigue management is effectively maintained through the entities’ own fatigue management systems. The Notice applies to drivers employed by listed electricity entities and stipulates conditions such as the need for these drivers to be trained according to their employer's fatigue management system and to carry a copy of the Notice.

Scope and Application

The National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption (Notice) 2015 (No 1) applies to drivers of fatigue-regulated heavy vehicles who are employed by an Electricity Entity as defined in the Electrical Safety Act 2002 (Qld) and are carrying out activities on the works of an Electricity Entity. These drivers are exempt from the requirement to carry and complete a National Driver Work Diary under the Heavy Vehicle National Law as in force in Queensland. The exemption is contingent on the driver being employed by an Electricity Entity listed in Schedule 1 of the Notice and complying with the conditions set out in the Notice, such as maintaining a copy of the Notice, being trained in the Electricity Entity’s Fatigue Management System, and ensuring their name is listed with the relevant Electricity Entity. The Notice, which is made under Section 357 of the Heavy Vehicle National Law, commenced on the date of publication in the Commonwealth Gazette and will expire three years later. Any extensions or restrictions of application are to be determined through subordinate instruments as required.

Key Provisions

The primary sections of the National Heavy Vehicle Queensland Electricity Entity Work Diary Exemption (Notice) 2015 (No 1) (the "Notice") outline the exemption from work diary requirements for drivers of fatigue-regulated heavy vehicles carrying out activities on the works of an Electricity Entity (section 7). The Notice applies to drivers employed by an Electricity Entity listed in Schedule 1, who are conducting activities on the works of an Electricity Entity (section 7(1)). This exemption is specifically granted under Part 6.4 Division 2 Work Diary Requirements of the Heavy Vehicle National Law (section 8). However, several conditions must be met for this exemption to apply. The Notice imposes several obligations on drivers of fatigue-regulated heavy vehicles. Firstly, the driver must be employed by an Electricity Entity listed in Schedule 1 (section 9(1)). Secondly, the driver must carry a copy of this notice (section 9(2)). Thirdly, the driver must be trained in accordance with the standards of the Electricity Entity's Fatigue Management System and comply with that system (section 9(3)). Additionally, the driver must ensure their name is listed with their employing Electricity Entity as operating under this Notice (section 9(4)). Finally, upon request by an authorised officer, the driver must provide the name and contact details of the person nominated by the Electricity Entity as responsible for the Fatigue Management System (section 9(5)). The Notice does not explicitly state any offences, penalties, or consequences for breach. However, any breach of the conditions set out in the Notice could potentially lead to enforcement actions under the Heavy Vehicle National Law. The penalties for breaches of this law could include fines and other civil or criminal consequences, depending on the severity of the breach and the specific provisions of the Heavy Vehicle National Law that are contravened. The maximum penalties for breaches of the Heavy Vehicle National Law are set out in the various state and territory laws that give effect to the National Law, and could include fines of up to $13,320 for individuals and $66,600 for bodies corporate, as well as potential criminal convictions.