National Primary Production Work Diary and Fatigue Record Keeping Exemption Notice 2026 (No.1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2026G00438 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

National Primary Production Work Diary and Fatigue Record Keeping Exemption Notice 2026 (No.1)

  1.        Purpose
  1.       This Notice grants an exemption from work diary requirements for drivers of fatigue regulated heavy vehicles being used to transport primary produce within a 160km radius of the driver’s base between primary production facilities or from the place of production to a point of distribution, sale, or place of processing. The exemption is extended to direct return journeys. This Notice also grants an exemption from record keeping requirements for the record keepers of drivers operating under this Notice.

Note:  Nothing in this exemption relieves the driver of a heavy vehicle from the duty to not drive while fatigued, pursuant to section 228 of the Heavy Vehicle National Law (HVNL).

This Notice does not provide an exemption from any safety duty that may apply under Chapter 1A of the HVNL.

This Notices revokes National Primary Production Work Diary and Fatigue Record Keeping Exemption Notice 2024 (No.1). This Notice carries forward the previous exemptions and conditions in the same terms.

 

  1.        Authorising Provision(s)
  1.       This Notice is issued under the following provisions of the Heavy Vehicle National Law (HVNL):
  1.       section 357 - Regulator’s power to exempt particular drivers from work diary requirements.
  2.       section 378 - Regulator’s power to exempt record keepers from fatigue record keeping requirements.
  1.        Title

This Notice may be cited as the National Primary Production Work Diary and Fatigue Record Keeping Exemption Notice 2026 (No.1).

  1.        Commencement

This Notice commences on 1 August 2026.

  1.        Expiration

This Notice expires on 4 October 2029.

  1.        Definitions
  1.       Unless otherwise stated, words and expressions used in this Notice have the same meaning as those defined in the HVNL.
  2.       In this Notice —

Primary production facility means a place of production or accumulation of primary produce, including:

  1.       a farm, such as a crop or a dairy farm; and
  2.       a feedlot or paddock; and
  3.        a silo or picking shed; and
  4.       an apiary.

Primary produce means:

  1.       foodstuff intended for human consumption, including:
  1.             grain, fruit, fungi and vegetables; and
  2.             live animals grown or bred for food; and
  3.             apiary products; and
  4.             eggs, including fish roe; and
  5.             dairy products
  1.       feed intended for animal consumption
  2.        feathers and hides for the production of goods
  3.       derivatives from animals or plants used for use in medicines or cosmetics
  4.       fibrous by-products of plants and animals used for production of textiles.
  1.        Application – Classes of work
  1.       This Notice applies to the driver of a fatigue-regulated heavy vehicle undertaking the following classes of work within 160km of the driver’s base:
  1.       a journey transporting primary produce from a primary production facility to another primary production facility;
  2.       a journey transporting primary produce from a primary production facility to a point of distribution, sale or processing;
  3.        a direct return journey back to a primary production facility from a destination in a) or b).
  1.       This Notice only applies if all the journeys the driver undertakes on a given day are of a class set out in this section.
  1.        Exemption – Work diary requirements
  1.       The driver of a fatigue-regulated heavy vehicle to which this Notice applies is exempt from the requirements of Subdivisions 1 to 5 of Division 2, of Part 6.4 of the HVNL to the extent that a reference in those provisions:
  1.       to ‘100km’ in relation to 100km work means 160km; and
  2.       to ‘100+km’ in relation to 100+km work means 160+km.
  1.        Exemption – Record keeping requirements
  1.       The record keeper for a driver of a fatigue regulated heavy vehicle to which this Notice applies is exempt from the requirements of Subdivision 3, of Division 3 of Part 6.4 of the HVNL to the extent that a reference in those provisions:
  1.       to ‘100km’ in relation to 100km work means 160km; and
  2.       to ‘100+km’ in relation to 100+km work means 160+km.

 

 

Paul Daly

Director Strategic Policy

National Heavy Vehicle Regulator

 

Overview

The Heavy Vehicle National Law National Primary Production Work Diary and Fatigue Record Keeping Exemption Notice 2026 (No.1) was enacted to address the operational challenges faced by drivers of heavy vehicles involved in the transportation of primary produce within a specified radius. This Notice, issued under the authority of the Heavy Vehicle National Law (HVNL), aims to provide relief from certain administrative burdens while maintaining the overarching safety standards. This exemption is targeted at drivers whose work is confined within a 160km radius from their base, facilitating journeys between primary production facilities, points of distribution, sale, or processing, and direct return journeys. The Notice, which revokes the previous exemption from 2024, continues to exclude these drivers from the stringent work diary and fatigue record-keeping requirements, provided that the drivers do not compromise on safety by operating while fatigued. The Notice was authorised by the Parliament and is intended to streamline operations for primary produce transportation without undermining safety and regulatory compliance.

Scope and Application

The National Primary Production Work Diary and Fatigue Record Keeping Exemption Notice 2026 (No.1) applies to drivers of fatigue-regulated heavy vehicles engaged in the transport of primary produce within a 160km radius of the driver’s base between primary production facilities or from the place of production to a point of distribution, sale, or place of processing, as well as direct return journeys. This exemption extends to record keepers of drivers operating under this Notice. This Notice specifically exempts these drivers and record keepers from certain work diary and record-keeping requirements under the Heavy Vehicle National Law (HVNL). However, it is crucial to note that this exemption does not relieve drivers from their obligation to avoid driving while fatigued, nor does it exempt them from any safety duties under Chapter 1A of the HVNL. The Notice revokes the previous exemption Notice from 2024, carrying forward its exemptions and conditions with the same terms. The Notice is issued under section 357 of the HVNL, granting the Regulator’s power to exempt particular drivers from work diary requirements, and section 378, which allows exemption from fatigue record-keeping requirements for record keepers.

Key Provisions

The National Primary Production Work Diary and Fatigue Record Keeping Exemption Notice 2026 (No.1) exempts drivers of fatigue-regulated heavy vehicles transporting primary produce within a 160km radius of the driver’s base from certain work diary and record-keeping requirements. Specifically, section 6 of the Notice exempts drivers from the work diary requirements of Subdivisions 1 to 5 of Division 2, Part 6.4 of the Heavy Vehicle National Law (HVNL) (sections 250 to 254). Similarly, section 7 exempts record keepers for these drivers from the record-keeping requirements of Subdivision 3, Division 3 of Part 6.4 of the HVNL (section 256). These exemptions only apply to journeys transporting primary produce between primary production facilities or from the place of production to a point of distribution, sale, or processing, and include direct return journeys. The Notice imposes specific obligations on the parties it governs. Under section 6, drivers of fatigue-regulated heavy vehicles must ensure that all journeys they undertake on a given day fall within the classes of work specified in section 4 of the Notice. This means that all work must be related to the transport of primary produce within the specified radius. Under section 7, record keepers must comply with the exemptions provided, which involves adjusting the distance thresholds from 100km to 160km, and from 100+km to 160+km, in accordance with the Notice. Importantly, these exemptions do not relieve drivers from their duty not to drive while fatigued, as stated in section 228 of the HVNL. There are no specific offences, penalties, or civil/criminal consequences outlined in this Notice for breaches of its provisions. However, the Notice explicitly states that it does not relieve drivers from the duty not to drive while fatigued, pursuant to section 228 of the HVNL. Breaches of this duty could result in criminal penalties under the HVNL, including fines and imprisonment. Additionally, the Notice does not exempt drivers from any safety duties that may apply under Chapter 1A of the HVNL, which could also lead to penalties if breached. The Notice revokes the previous exemption notice from 2024 and carries forward the previous exemptions and conditions in the same terms.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.