National Livestock Welfare Work and Rest Exemption Notice 2026 (No.2)

Overview

The National Livestock Welfare Work and Rest Exemption Notice 2026 (No.2) was enacted to address the gap in existing legislation that did not adequately account for the unforeseen welfare needs of livestock being transported by heavy vehicles. The Notice was made under section 266 of the Heavy Vehicle National Law as in force in participating jurisdictions. It aims to provide exemptions for drivers of fatigue-regulated heavy vehicles carrying livestock, allowing them to deviate from specified work time requirements when livestock welfare is at risk. The exemption ensures that drivers can take necessary actions to safeguard the welfare of the livestock without being penalised for exceeding work hours, provided they adhere to the outlined conditions and record-keeping requirements. This Notice revokes its predecessor, the National Livestock Welfare Work and Rest Exemption Notice 2026 (No.1), maintaining the same substantial exemptions and conditions while ensuring compliance with the overarching duty not to drive while fatigued under section 228 of the HVNL.

Scope and Application

The National Livestock Welfare Work and Rest Exemption Notice 2026 (No.2) applies to solo drivers of fatigue-regulated heavy vehicles who are transporting livestock and who operate under standard hours or Basic Fatigue Management (BFM) hours, provided a livestock welfare incident occurs during their journey. The exemption is intended to allow drivers to take necessary actions to address unforeseen incidents that may affect the welfare of the livestock, such as illness or injury, without being constrained by the standard work and rest requirements set out in the Heavy Vehicle National Law (HVNL). This Notice applies across the participating jurisdictions in Australia and is made under section 266 of the HVNL, thus extending the application of the law through subordinate instruments. Notably, while the Notice provides relief from certain work time requirements, it does not absolve drivers from the overarching duty to avoid driving while fatigued as stipulated in section 228 of the HVNL. The exemption is subject to specific conditions regarding maximum work hours and minimum rest times, which vary depending on whether the driver is operating under standard hours or BFM hours. Additionally, drivers are required to maintain detailed records of their activities under the exemption, which must be retained by their record keeper for a period of three years.

Key Provisions

The key operative sections of the National Livestock Welfare Work and Rest Exemption Notice 2026 (No.2) (the Notice) provide exemptions for drivers of fatigue-regulated heavy vehicles transporting livestock from certain work time requirements under specific conditions (sections 1-3). The exemptions apply when a livestock welfare incident occurs, or is reasonably believed to occur, during a journey, and if action taken by the driver to correct or mitigate the incident will result in exceeding the maximum work hours before unloading livestock at the designated point of delivery (section 4). The exemptions also cover situations where compliance with standard or Basic Fatigue Management (BFM) hours would likely result in a livestock welfare incident, and using the exemption would reduce or remove that risk (section 4). Under the Notice, drivers of fatigue-regulated heavy vehicles transporting livestock must comply with the specified maximum work times and minimum rest requirements if they are operating under standard hours or BFM hours (sections 5-6). Drivers operating under standard hours can work up to 13 hours in any 24-hour period, 73 hours in any 7-day period (only when the exemption applies in the last 24 hours of the 7-day period), and 146 hours in any 14-day period (only when the exemption applies in the last 24 hours of the 14-day period) (section 5). Drivers operating under BFM hours can work up to 15 hours in any 24-hour period and 145 hours in any 14-day period (only when the exemption applies in the last 24 hours of the 14-day period) (section 5). Additionally, drivers must ensure they have adequate rest periods in accordance with the exemption, which include continuous stationary rest time of at least 7 hours plus twice the amount of time worked in excess of the relevant hours limit (section 6). Drivers of fatigue-regulated heavy vehicles who take advantage of the exemptions provided by the Notice must adhere to specific record-keeping requirements (section 7). This includes making a written record in their work diary on the same day they become aware they will be working under the exemption, detailing the amount of time spent working under the exemption, the circumstances that resulted in risks to the welfare of the livestock, and the time, date, and location when the driver became aware of these circumstances (section 7). The record must be provided to the driver’s record keeper within 21 days, and the record keeper must retain the record for a minimum of 3 years (section 7). Failure to comply with these record-keeping requirements may have civil or criminal consequences, including fines and imprisonment, as outlined in the Heavy Vehicle National Law (section 266). Failure to comply with the requirements or obligations of the Notice may result in civil or criminal penalties. Under the Heavy Vehicle National Law, a person who contravenes a provision of the Notice may be liable to a civil penalty of up to $1,650 for an individual and $8,250 for a body corporate (section 266). Additionally, a person who knowingly or recklessly contravenes a provision of the Notice may be guilty of an offence and liable to a criminal penalty of up to 12 months imprisonment or a fine of up to $50,000 for an individual and $250,000 for a body corporate (section 266). These penalties reflect the importance of adhering to the requirements of the Notice to ensure the welfare of livestock and the safety of drivers and other road users.