HEAVY VEHICLE NATIONAL LAW
NATIONAL PRIMARY PRODUCTION WORK DIARY EXEMPTION (NOTICE) 2015 (No. 1)
Purpose
- The purpose of this Notice is to exempt drivers of fatigue-regulated heavy vehicles carrying out primary production work from the requirement to keep and record information in a National Driver Work Diary if the driver is driving in an area within a radius of 160 kilometers or less from the driver’s base, and to specify the conditions of the exemption under this Notice.
Authorising Provision
2. This Notice is issued in accordance with Section 357 of the Heavy Vehicle National Law (HVNL).
Definitions
3. Unless otherwise stated, words and expressions used in this notice have the same meaning as those defined in the HVNL.
4. In this Notice—
primary production means—
a) the cultivation of land for the purpose of selling the produce of the land; or
b) the maintenance of animals (including birds), whether wild or domesticated, for the purpose of selling them or their natural increase or bodily produce; or
c) the keeping of bees for the purpose of selling their honey or other apiary products; or
d) transporting animals or produce in connection with the sale of the animals or produce.
Title
5. This Notice may be cited as the National Primary Production Work Diary Exemption (Notice) 2015.
Commencement
6. This Notice commences on 6 February 2015 in Tasmania, South Australia and the Australian Capital Territory.
7. This Notice commences on 4 May 2015 in New South Wales and Queensland.
Expiration
8. This Notice expires on 31 December 2017 in all participating jurisdictions in which the Notice applies.
Application
9. This Notice applies to drivers of fatigue-regulated heavy vehicles carrying out the following class of work—
(a) working in relation to or driving a fatigue-regulated heavy vehicle on a journey for the purpose of primary production within a radius of not more than 160 kilometres of the driver’s base.
10. This Notice applies if the driver only carries out work of the class specified in Section 9 (and does not undertake any work outside of this class) on a given day.
Condition
11. This Notice applies on the condition that the record keeper for the driver complies with Section 319 of the HVNL in relation to the recording and keeping of the information specified in that section in respect of the class of work to which this notice applies.
Declaration
I, Sal Petroccitto, delegate of the National Heavy Vehicle Regulator exempt drivers of fatigue-regulated heavy vehicles carrying out the class of work specified in Section 9 of this Notice from the requirement to comply with Subdivisions 1 to 5 of Division 2 of Part 6.4 of Chapter 6 the HVNL for the work, subject to the condition specified in Section 11 of this Notice.
Dated 4 February 2015
Salvatore Petroccitto
Chief Executive Officer
National Heavy Vehicle Regulator