New South Wales Fatigue Record-Keeping Exemption Notice 2017 (No. 1)

Overview

The New South Wales Fatigue Record-Keeping Exemption Notice 2017 (No. 1) was enacted by the National Heavy Vehicle Regulator to address the administrative burden associated with record keeping for drivers of fatigue-regulated heavy vehicles engaged in specific activities within New South Wales. This notice, which was made under Section 378 of the Heavy Vehicle National Law, exempts record keepers for drivers of these vehicles from the requirement to maintain records of driver work and rest time. The exemption applies to drivers carrying out specified classes of work, including those involved in motor dealing, repair, inspection, maintenance, testing, manufacturing of heavy vehicles, or the hire and rental of heavy vehicles within a 100km radius of their base, as well as those engaged in primary production within a 160km radius. The policy objective of the notice is to provide relief to affected record keepers, thereby facilitating compliance with the broader requirements of the Heavy Vehicle National Law. The notice commenced on 10 February 2017 and expired on 9 August 2017.

Scope and Application

The New South Wales Fatigue Record-Keeping Exemption Notice 2017 applies specifically to record keepers for drivers of fatigue-regulated heavy vehicles operating within the state of New South Wales. This Notice exempts these record keepers from the requirements to maintain records of driver work and rest time, as stipulated under the Heavy Vehicle National Law. The exemption pertains to drivers who are involved in certain classes of work, including those driving within a 100km radius of their base for activities such as motor dealing, repair, inspection, maintenance, testing, manufacturing heavy vehicles, or the hire and rental of heavy vehicles. Additionally, it covers drivers engaged in primary production activities within a 160km radius from their base. This Notice does not extend to other jurisdictions or activities outside the defined scope. It is important to note that the exemption is temporary, commencing on 10 February 2017 and expiring on 9 August 2017. The Notice is made under Section 378 of the Heavy Vehicle National Law and is designed to provide relief to certain operators while still maintaining a national framework for heavy vehicle regulation.

Key Provisions

The New South Wales Fatigue Record-Keeping Exemption Notice 2017 (No. 1) (Notice), commencing on 10 February 2017 and expiring on 9 August 2017, serves to exempt certain record keepers of drivers of fatigue-regulated heavy vehicles from the mandatory record-keeping requirements under the Heavy Vehicle National Law (HVNL). This exemption is specifically applicable to drivers engaged in primary production activities within 160km of their base, or those operating within a 100km radius of their base for purposes such as motor dealing, repair, inspection, maintenance or testing, manufacturing heavy vehicles, or the hire and rental of heavy vehicles (Section 7). The Notice is made under Section 378 of the HVNL and aims to alleviate some of the administrative burdens on drivers operating under specific conditions in New South Wales (Section 2). Under this Notice, record keepers for drivers engaged in the specified activities within the defined radii are exempt from the obligations to maintain records of driver work and rest times as stipulated in Division 3 of Part 6.4 of Chapter 6 of the HVNL (Section 8). This means that during the period of this exemption, these record keepers are not required to document the hours worked and rest periods for drivers in these specific scenarios. The exemption applies to primary production as defined in the Notice, which includes the cultivation of land, maintenance of animals, beekeeping, and transporting animals or produce in connection with their sale (Section 6(2)). Breaches of the requirements under the HVNL, including the failure to keep records when required, could lead to various civil and criminal consequences. While the Notice itself does not detail specific penalties, violations of the HVNL typically attract fines and potential imprisonment. For instance, under the HVNL, individuals may face fines up to $11,000 for breaching driver hours rules, and corporations may be fined up to $55,000. Additionally, criminal charges may be brought against individuals responsible for breaches, potentially leading to imprisonment terms that vary based on the severity and circumstances of the offence. It is essential for record keepers to be aware of the broader legal framework under which the Notice operates to fully understand the implications of non-compliance.