National Livestock Welfare Work and Rest Exemption Notice 2023 (No.1)

Overview

The National Livestock Welfare Work and Rest Exemption Notice 2023 (No. 1) was enacted to address the issue of livestock welfare incidents that may arise during the transportation of livestock by fatigue-regulated heavy vehicles. This Notice, which was made under Section 266 of the Heavy Vehicle National Law as in force in participating jurisdictions, comes into effect on 10 February 2023 and will expire on 9 February 2026. The policy objective of this Notice is to allow drivers to exceed certain work time requirements when responding to unforeseeable events or circumstances that adversely affect the welfare of livestock in their care, ensuring that drivers can take the necessary steps to mitigate these incidents without being penalised for exceeding work hours. This Notice also applies when a driver reasonably believes that compliance with work and rest limits may result in a livestock welfare incident, providing an exemption that helps maintain the welfare of livestock during transport. The Notice specifies that solo drivers of fatigue-regulated heavy vehicles who are operating under standard hours or the BFM hours, and whose load consists of livestock, can be exempt from maximum and minimum work requirements if a livestock welfare incident occurs during a journey. This exemption allows for extended work hours up to 13 hours in any 24-hour period and 73 hours in any 7-day period, or 15 hours in any 24-hour period and 145 hours in any 14-day period for drivers operating under BFM hours. The exemption also requires drivers to maintain a minimum continuous stationary rest period, which must be documented in their work diary or provided to their record keeper within 21 days. The record keeper is then required to retain these records for three years.

Scope and Application

The National Livestock Welfare Work and Rest Exemption Notice 2023 (No.1) applies to solo drivers of fatigue-regulated heavy vehicles who transport livestock and are operating under standard hours or Basic Fatigue Management (BFM) hours, as defined in the Heavy Vehicle (Fatigue Management) National Regulation. This notice specifically targets situations where a livestock welfare incident occurs during a journey, necessitating additional time to manage or mitigate risks to the livestock's welfare. If such incidents arise, or if the driver reasonably believes that adhering to standard hours or BFM hours will compromise livestock welfare, the notice provides an exemption from certain work time requirements. This exemption allows drivers to exceed the standard maximum work hours if they take action to address livestock welfare incidents, ensuring that the driver can respond appropriately without penalising them for extended working hours. The notice applies nationally across participating jurisdictions under Section 266 of the Heavy Vehicle National Law. The exemption conditions include extended maximum work times, such as 13 hours in any 24-hour period for drivers operating under standard hours, and 15 hours in any 24-hour period for drivers operating under BFM hours, alongside specific rest requirements. The notice also mandates detailed record-keeping by the driver and their record keeper, ensuring compliance and accountability. This notice commenced on 10 February 2023 and will expire on 9 February 2026, replacing the previous exemption notice issued in 2020.

Key Provisions

The key operative sections of the National Livestock Welfare Work and Rest Exemption Notice 2023 (No.1) (the Notice) clarify when and how drivers of fatigue-regulated heavy vehicles carrying livestock may be exempt from certain work time requirements. Section 7 states that this exemption applies to solo drivers operating under standard hours or Basic Fatigue Management (BFM) hours when a livestock welfare incident occurs, necessitating action that would otherwise cause the driver to exceed their maximum work hours before livestock can be unloaded at the designated delivery point (section 7(1)). The exemption also applies if the driver reasonably believes that compliance with work and rest limits will result in a livestock welfare incident, and using this exemption will mitigate or prevent that incident (section 7(2)). Section 8 specifies the exemptions from maximum work requirements and minimum rest requirements under the Heavy Vehicle (Fatigue Management) National Regulation, depending on whether the driver is operating under standard hours or BFM hours. Section 9 outlines the conditions under which drivers can work longer hours or less rest time, while still complying with the Notice. These conditions include specific maximum work limits (section 9(1)) and minimum rest limits (section 9(2)) that must be adhered to. The Notice imposes certain obligations and requirements on the parties it governs. Drivers must ensure they are operating under standard hours or BFM hours when they encounter a livestock welfare incident (section 7). They must also take appropriate action to correct or mitigate the incident or circumstances (section 7(1)). Drivers must record details of the exemption in their work diary or written record, including the amount of time worked under the exemption, the circumstances that led to the livestock welfare incident, and the time, date, and location when they became aware of these circumstances (section 11(1)). The record must be provided to the driver’s record keeper within 21 days (section 11(2)), and the record keeper must keep the record for 3 years after it is created (section 11(3)). Breaches of the Notice may result in civil or criminal consequences. However, the Notice does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach. It is important to note that the Heavy Vehicle National Law and associated regulations may impose penalties for breaches of work time requirements and other related obligations. These penalties can include fines and, in some cases, imprisonment, depending on the nature and severity of the breach. It is advisable to refer to the Heavy Vehicle National Law and associated regulations for more detailed information on penalties for breaches of work time requirements and other related obligations.