HEAVY VEHICLE NATIONAL LAW
National Primary Production Work Diary Exemption Notice 2021 (No. 1)
- Purpose
The purpose of this Notice is to extend the record keeping obligations ordinarily applying to a driver undertaking 100km work to the driver of a fatigue-regulated heavy vehicle transporting primary produce between a primary production facility and a point of sale, processing or distribution within 160km of the driver’s base. This exemption extends to return journeys.
Note: This Notice replaces the National Primary Production Work Diary Exemption Notice 2018 (No. 1). It includes clarifications to the operation of the exemption, but no change to the conditions or effect of the Notice.
2. Authorising Provisions
1) This Notice is issued under the following provisions of the Heavy Vehicle National Law (HVNL):
a) section 357 - Regulator’s power to exempt particular drivers from work diary requirements
b) section 378 - Regulator’s power to exempt record keepers from fatigue record keeping requirements
3. Title
This Notice may be cited as the National Primary Production Work Diary Exemption Notice 2021 (No.1).
4. Commencement
This Notice commences on 5 October 2021.
5. Expiration
This Notice expires on 4 October 2024.
6. 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:
a) a farm, such as a crop or a dairy farm; and
b) a feedlot or paddock; and
c) a silo or picking shed; and
d) an apiary.
Primary produce means:
a) foodstuff intended for human consumption, including:
- grain, fruit, fungi and vegetables; and
- live animals grown or bred for food; and
- apiary products; and
- eggs, including fish roe; and
- dairy products
b) feed intended for animal consumption
c) feathers and hides for the production of goods
d) derivatives from animals or plants used for use in medicines or cosmetics
e) fibrous by-products of plants and animals used for production of textiles.
7. Application – Classes of work
1) This Notice applies to the driver of a fatigue-regulated heavy vehicle undertaking the following classes of work:
a) a journey transporting primary produce from a primary production facility to another primary production facility;
b) a journey transporting primary produce from a primary production facility to a point of distribution, sale or processing;
c) a direct return journey back to a primary production facility from a destination in a) or b).
2) This Notice only applies if all the journeys the driver undertakes on a given day are of a class set out in this section.
8. Exemption – Work diary requirements
1) The driver of a fatigue regulated heavy vehicle to which this Notice applies is exempt from the requirements of Division 2 of Part 4.6 of the HVNL to the extent provided in this section.
2) This exemption applies to the requirements about record keeping under Division 1 and Division 2 of Part 6.4 of the HVNL to the effect that:
a) a reference to ‘100km’ in relation to 100km work means 160km; and
b) a reference to ‘100+km’ in relation to 100+km work means 160+km.
3) To remove doubt, the exemption in this section is intended to operate so that the record keeping requirements in Division 1 and 2 apply as though the radii applied under sections 289 or 291 is 160km instead of 100km when determining if a work diary must be carried or kept.
9. Exemption – Record keepers’ 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 Division 3 of Part 4.6 of the HVNL to the extent provided in this section.
2) This exemption applies to the requirements about keeping records for a driver under Division 1 and 3 of Part 6.4 of the HVNL to the effect that:
a) a reference to ‘100km’ in relation to 100km work means 160km; and
b) a reference to ‘100+km’ in relation to 100+km work means 160+km.
3) To remove doubt, the exemption in this section is intended to operate so that the record keeper requirements in Division 1 and 3 of Part 6.4 apply as though the radii applied under sections 318 or 320 is 160km instead of 100km when determining if a work diary or records about a work diary must be kept.
Don Hogben
Chief Regulatory and Policy Standards Officer
National Heavy Vehicle Regulator