HEAVY VEHICLE NATIONAL LAW
NEW SOUTH WALES WORK DIARY EXEMPTION FOR 100KM WORK UNDER BASIC FATIGUE MANAGEMENT OR ADVANCED FATIGUE MANAGEMENT (NOTICE) 2014 (No. 1)
- Purpose
The purpose of this notice is to provide drivers of fatigue-regulated heavy vehicles operating in New South Wales (NSW) under the BFM or AFM work and rest arrangements with an exemption from the requirements to keep a national driver work diary set out in Subdivisions 1 to 5 of Division 2 of Part 6.4 of Chapter 6 (‘work diary requirements’) of the Heavy Vehicle National Law, and to state the conditions under which this exemption may be used.
Explanatory Note – The Heavy Vehicle National Law imposes a duty to keep a national driver work diary and record prescribed information in it on the driver of a fatigue-regulated heavy vehicle working under the BFM and AFM work and rest arrangements, regardless of the distance the driver is working from their base. This instrument provides an exemption from these requirements to these drivers when they work within a 100km radius of the driver’s base. This exemption provides a 2 year transitional period to continue current legislated variations to the Road Transport (Vehicle and Driver Management) Regulation 2005 made in NSW. This instrument does NOT exempt the drivers’ Record Keepers or Accredited Holders for the driver from other requirements of the HVNL including, but not limited to, accreditation and record keeping requirements.
2. Authorising Provision
This notice is made under section 357 (1) of the Heavy Vehicle National Law as in force in each State and Territory.
3. Title
This Notice may be cited as the National Work Diary Exemption for 100km work under Basic Fatigue Management or Advanced Fatigue Management in New South Wales (Notice) 2014 (No. 1).
4. Commencement
This notice commences on 10 February 2014.
5. Expiry
This notice expires on 9 February 2016.
6. Definition
6.1. Unless otherwise stated, words and expressions used in this notice have the same meanings as in the HVNL or regulations made under the HVNL.
7. Application
7.1. This notice applies to the driver of a fatigue-regulated heavy vehicle undertaking ‘100km work’ under the BFM or AFM work and rest arrangements.
7.2. This notice applies if the driver only undertakes 100km work (and does not undertake any 100+km) on a day
7.3. This notice applies in New South Wales.
Note: this exemption applies to drivers operating under an AFM accreditation or a BFM accreditation while driving in NSW regardless of the location of the driver’s base.
8. Conditions
8.1. A driver to whom this notice applies is not required to comply with Subdivisions 1 to 5 of Division 2 of Part 6.4 of Chapter 6 of the HVNL for this work if its conditions are complied with.
8.2. The record keeper (as defined in section 317 of the HVNL) for a driver to whom this notice applies must—
(a) record the following information as soon as possible after receiving it—
- information mentioned in section 319(a) and (b) of the HVNL; and
- the driver’s base for each journey;
(b) keep a record that is required to be kept under this clause for 3 years after it is created;
(c) keep the records at the record location for the driver so that they are reasonably accessible to an authorised officer or police officer;
(d) keep the records in a way that ensures—
- they are readable and reasonably capable of being understood; and
- are capable of being used as evidence.
8.3. The accreditation participant for a driver operating under this notice must have a fatigue management system in place that meets the AFM or BFM standards, applying to the driver including Standard 6, ‘Records and Documentation’.
Declaration
I, Richard Hancock, delegate of the National Heavy Vehicle Regulator exempt drivers of fatigue-regulated heavy vehicles undertaking ‘100km work’ under either Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) work and rest arrangements from Subdivisions 1 to 5 of Division 2 of Part 6.4 of Chapter 6 of the Heavy Vehicle National Law (HVNL) subject to the terms and conditions set out in this notice.
Dated 5 February 2014
Richard Hancock
Chief Executive Officer
National Heavy Vehicle Regulator
Overview
The Heavy Vehicle National Law New South Wales Work Diary Exemption for 100km Work under Basic Fatigue Management or Advanced Fatigue Management (Notice) 2014 (No. 1) was enacted to provide a transitional exemption from the work diary requirements for drivers operating fatigue-regulated heavy vehicles within a 100km radius of their base in New South Wales. This notice was made under section 357(1) of the Heavy Vehicle National Law and aims to facilitate a smoother transition by continuing the existing variations to the Road Transport (Vehicle and Driver Management) Regulation 2005 for a period of two years. The notice, which commenced on 10 February 2014 and expires on 9 February 2016, does not exempt Record Keepers or Accredited Holders from other Heavy Vehicle National Law requirements, such as accreditation and record-keeping. The exemption applies to drivers operating under a Basic Fatigue Management or Advanced Fatigue Management accreditation in New South Wales, provided they only undertake 100km work on a given day and adhere to specific conditions outlined in the notice.
Scope and Application
The Heavy Vehicle National Law New South Wales Work Diary Exemption for 100km Work under Basic Fatigue Management or Advanced Fatigue Management (Notice) 2014 (No. 1) serves to exempt drivers of fatigue-regulated heavy vehicles operating within New South Wales from the mandatory national driver work diary requirements when they undertake work within a 100km radius of their base. This notice, effective from 10 February 2014 and expiring on 9 February 2016, applies to drivers who exclusively perform 100km work on any given day under the Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) arrangements. Notably, it does not exempt the drivers' Record Keepers or Accredited Holders from other requirements under the Heavy Vehicle National Law, including accreditation and record-keeping obligations. The exemption is intended to provide a two-year transitional period while maintaining variations to the Road Transport (Vehicle and Driver Management) Regulation 2005 in NSW. The exemption is subject to conditions that ensure the driver’s base and journey information are recorded accurately and kept accessible and legible for three years.
Key Provisions
The primary sections of this notice are sections 7 and 8, which outline the conditions under which drivers of fatigue-regulated heavy vehicles in New South Wales can be exempt from the work diary requirements when they undertake 100km work under either the Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) work and rest arrangements. Section 7 specifies the scope of the exemption, stating that it applies to drivers who only undertake 100km work on a given day and are operating within New South Wales. Section 8 lays out the conditions that must be met for the exemption to apply, including requirements for the driver's record keeper to record certain information and keep these records for three years, and the necessity for the driver's accreditation participant to maintain a fatigue management system that adheres to the relevant standards.
The obligations imposed by this notice on the parties it governs include ensuring that record keepers for drivers who are exempt from the work diary requirements record specified information and maintain these records in an accessible and understandable manner for authorised officers or police. Additionally, accreditation participants must ensure that the fatigue management system they use meets the AFM or BFM standards, including Standard 6, which pertains to records and documentation. These obligations are intended to maintain a certain level of oversight and accountability while providing relief from the work diary requirements for drivers operating under specific conditions.
Failure to comply with the conditions set out in this notice may result in civil or criminal penalties under the Heavy Vehicle National Law. While the notice does not specify exact penalties, breaches of the Heavy Vehicle National Law generally can result in significant fines and, in severe cases, criminal charges. The specific penalties would depend on the nature and severity of the breach, as well as any relevant case law or regulatory guidance. Therefore, drivers, record keepers, and accreditation participants must ensure strict adherence to the notice's terms to avoid potential legal consequences.