National Primary Production Work Diary Exemption (Notice) 2015 (No. 2)

Overview

The Heavy Vehicle National Law National Primary Production Work Diary Exemption (Notice) 2015 (No. 2) was issued by the National Heavy Vehicle Regulator under section 357 of the Heavy Vehicle National Law (HVNL) to address a gap in the record keeping obligations for drivers of fatigue-regulated heavy vehicles transporting primary produce. This notice specifically extends the 100km work record-keeping obligations to drivers undertaking journeys of up to 160km. It aims to streamline and rationalise the administrative burden on drivers engaged in transporting primary produce within a 160km radius from their base. The Notice came into effect on 5 October 2015 in several Australian states and territories and will remain in force until 4 October 2018, subject to compliance with specified record-keeping requirements.

Scope and Application

The National Primary Production Work Diary Exemption (Notice) 2015 (No. 2) extends the record-keeping obligations for drivers of fatigue-regulated heavy vehicles engaged in transporting primary produce within a specific range and context, as defined under the Heavy Vehicle National Law (HVNL). This exemption applies to drivers conducting journeys transporting primary produce from a primary production facility to another such facility or to a point of distribution, sale, or processing, and vice versa, provided these activities constitute all the work performed by the driver on a given day. The exemption modifies the distance threshold from 100km to 160km for the purposes of record keeping. This Notice applies to the Australian Capital Territory, New South Wales, Queensland, South Australia, Tasmania, and Victoria and came into effect on 5 October 2015, expiring on 4 October 2018. Notably, this Notice does not alter the fundamental definition of work as per section 221 of the HVNL but requires adherence to record-keeping stipulations under section 319 of the HVNL by the record keeper for the driver. Additionally, this exemption is subject to the terms and definitions outlined in the HVNL, with specific definitions provided for 'primary production facility' and 'primary produce' within the Notice itself. The primary production facility encompasses locations such as farms, feedlots, silos, and apiaries, while primary produce includes foodstuffs, animal feed, and other derivatives from animals or plants. The Notice also stipulates that its application is contingent on the record keeper complying with the record-keeping requirements as specified under section 319 of the HVNL. This regulatory measure is aimed at easing administrative burdens for drivers involved in specific transport activities within the primary production sector.

Key Provisions

This Notice (2015 No. 2) operates to modify the record-keeping obligations that apply to drivers undertaking work over 100km to now include those drivers of heavy vehicles that are subject to fatigue regulations and who transport primary produce. Specifically, the exemption applies to journeys that are made from a primary production facility to another primary production facility or to a point of distribution, sale, or processing. It also applies to direct return journeys to a primary production facility from such locations (sections 1, 7 and 8). The Notice is issued under section 357 of the Heavy Vehicle National Law (HVNL) (section 2). The key definitions used in the Notice are those found in the HVNL, with some specific terms defined for the purposes of this Notice. In this case, primary produce is defined as foodstuffs intended for human consumption, feed intended for animal consumption, feathers and hides for the production of goods, derivatives from animals or plants used for use in medicines or cosmetics, and fibrous by-products of plants and animals used for production of textiles (section 3). The Notice is effective from 5 October 2015 in the Australian Capital Territory, New South Wales, Queensland, South Australia, Tasmania and Victoria, and it will expire on 4 October 2018 (sections 5 and 6). The Notice requires that the record-keeping obligations in the HVNL apply as if the reference to ‘100km’ means ‘160km’ and a reference to ‘100+km’ means ‘160+km’ (section 7). The Notice applies only if the driver is undertaking journeys as specified in section 8 on any given day (section 8(2)). The Notice is conditional upon the record keeper for the driver complying 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 (section 9(1)). There are no specific offences, penalties, or consequences outlined in this Notice for breach of its provisions. However, the Notice is issued under the HVNL, which does include offences and penalties for non-compliance with its provisions. For example, a person who contravenes section 319 of the HVNL may be liable to a civil penalty of up to $22,200 for an individual and $111,000 for a body corporate, as well as criminal penalties for serious or repeated breaches.