National Livestock Welfare Work and Rest Exemption Notice 2017 (No. 1)

Overview

The National Livestock Welfare Work and Rest Exemption Notice 2017 (No. 1) was enacted to address the problem of drivers of heavy vehicles carrying livestock needing to exceed work time requirements to respond to situations where the welfare of the livestock is at risk. This statutory instrument was introduced under Section 266 of the Heavy Vehicle National Law, as in force in participating jurisdictions, by the National Heavy Vehicle Regulator, with the policy objective of ensuring the welfare of livestock during transportation. The Notice allows for exemptions from specified work time requirements for drivers of fatigue-regulated heavy vehicles in circumstances where a livestock welfare incident occurs or is reasonably believed to be likely, thereby allowing drivers to take necessary actions to protect the welfare of livestock without breaching work time regulations. This exemption is designed to balance the need for driver fatigue management with the imperative to protect animal welfare in transit.

Scope and Application

The National Livestock Welfare Work and Rest Exemption Notice 2017 applies to solo drivers of fatigue-regulated heavy vehicles who are operating under standard hours or the Basic Fatigue Management (BFM) hours and are carrying livestock as their load. The exemption is applicable when a livestock welfare incident occurs during a journey, and the driver takes action to correct or mitigate the incident, resulting in exceeding maximum work hours before the livestock can be unloaded at their designated point of delivery. Additionally, the exemption applies if a driver reasonably believes that compliance with standard hours or BFM hours work and rest limits will result in a livestock welfare incident, and using this exemption will reduce or remove the risk of such an incident. The Notice, made under Section 266 of the Heavy Vehicle National Law as in force in participating jurisdictions, aims to provide flexibility for drivers to attend to livestock welfare incidents. The exemption applies nationally in jurisdictions participating in the Heavy Vehicle National Law and is subject to specified conditions on maximum work limits, minimum rest limits, and record-keeping requirements. The Notice came into effect on 10 February 2017 and will expire on 9 February 2020, unless otherwise extended or replaced.

Key Provisions

The National Livestock Welfare Work and Rest Exemption Notice 2017 (No. 1) (the "Notice") provides specific exemptions for drivers of fatigue-regulated heavy vehicles transporting livestock, allowing them to exceed certain work time requirements when the welfare of the livestock is at risk (sections 2, 7, and 8). This Notice is applicable to solo drivers operating under standard hours or Basic Fatigue Management (BFM) hours when transporting livestock and encountering unforeseen events or circumstances that threaten the welfare of the livestock during the journey (section 7). This includes instances where the driver reasonably believes that adhering to standard or BFM hours might result in a livestock welfare incident, and using the exemption will mitigate that risk (section 7(1)(b)). The exemptions allow drivers to work longer hours than normally permitted, but only under certain conditions and with specific limitations (section 9). For drivers operating under standard hours, the exemption permits a maximum of 13 hours of work in any 24-hour period, 73 hours in any 7-day period (only if the exemption applies during the last 24 hours of the 7-day period), and 146 hours in any 14-day period (only if the exemption applies during the last 24 hours of the 14-day period) (section 9(1)(a)). Similarly, for drivers operating under BFM hours, the exemption allows up to 15 hours of work in any 24-hour period and 145 hours in any 14-day period (only if the exemption applies during the last 24 hours of the 14-day period) (section 9(1)(b)). Drivers are obligated to adhere to certain conditions when using the exemption. These include maintaining a minimum rest period, which must be at least 7 hours plus twice the amount of time worked in excess of the maximum allowable hours on the day the exemption is applied (section 10). For example, a driver operating under standard hours must have at least 7 hours of rest plus twice the amount of time worked beyond 12 hours, whereas a driver operating under BFM hours must have at least 7 hours of rest plus twice the amount of time worked beyond 14 hours (section 10). Additionally, drivers are required to keep written records detailing the circumstances that necessitated the exemption, the amount of time worked under the exemption, and the time, date, and location when they became aware of the livestock welfare risks (section 11). These records must be made as soon as practicable and provided to the driver’s record keeper within 21 days, or in the case of a work diary, within 21 days of the relevant daily entry (section 11(1)). The record keeper must retain these records for three years (section 11(1)(c)). Failure to comply with the provisions of this Notice may result in penalties. While the Notice itself does not specify penalties for non-compliance, breaches of the Heavy Vehicle National Law and associated regulations, under which this Notice is made, can lead to civil and criminal penalties. For example, under the Heavy Vehicle National Law, drivers found in breach of work hour regulations may face fines and potential disqualification from driving heavy vehicles. The specific penalties can vary based on the nature and severity of the breach, and are detailed in the relevant regulations and laws.