New South Wales Fatigue Record-Keeping Exemption Notice 2017 (No. 2)

Overview

The New South Wales Fatigue Record-Keeping Exemption Notice 2017 (No. 2) was enacted to address the need for a streamlined approach to record-keeping requirements for drivers of fatigue-regulated heavy vehicles operating within specific parameters in New South Wales. This statutory instrument, made under Section 378 of the Heavy Vehicle National Law, aims to exempt record keepers from the obligation to maintain records of driver work and rest times for certain classes of work. The exemptions apply to drivers operating within a 100km radius from their base for activities such as motor dealing, repair, inspection, maintenance or testing, manufacturing heavy vehicles, or hire and rental of heavy vehicles, as well as those within a 160km radius for primary production activities. The notice, which came into effect on 10 August 2017 and expires on 9 February 2019, effectively replaced its predecessor to continue providing the same exemptions and conditions. The policy objective underpinning this notice is to reduce administrative burdens while maintaining safety standards in heavy vehicle operations within the specified regions.

Scope and Application

This Notice applies to record keepers for drivers of fatigue-regulated heavy vehicles in New South Wales who are engaged in specific classes of work. It exempts these record keepers from the mandatory requirement to maintain records of driver work and rest times, as stipulated in Division 3 of Part 6.4 of Chapter 6 of the Heavy Vehicle National Law. The exemption applies to drivers working within a 100km radius of their base for activities such as motor dealing, repair, inspection, maintenance, testing, manufacturing heavy vehicles, or hiring and renting heavy vehicles. Additionally, the exemption extends to drivers working within a 160km radius of their base for primary production activities, including the cultivation of land, maintenance of animals, bee keeping, and transportation of animals or produce in connection with their sale. This Notice is made under Section 378 of the Heavy Vehicle National Law and replaces the previous exemption notice that expired on 9 August 2017. The Notice itself commences on 10 August 2017 and expires on 9 February 2019, thereby carrying forward the previous exemptions and conditions in the same terms.

Key Provisions

The main operative sections of the New South Wales Fatigue Record-Keeping Exemption Notice 2017 (No. 2) include the definitions, the application scope, and the exemption itself. According to section 6, definitions clarify terms such as 'primary production' and establish that other terms have the meanings ascribed to them in the Heavy Vehicle National Law. Section 7 outlines the application of this Notice, which applies to record keepers for drivers of fatigue-regulated heavy vehicles involved in certain classes of work within specified distances from their base in New South Wales. Specifically, it applies to drivers working within a 100km radius for businesses related to motor dealing, repair, inspection, maintenance, testing, manufacturing, or hiring heavy vehicles, and within a 160km radius for primary production activities. Section 8 provides the exemption from the record-keeping requirements stipulated in Division 3 of Part 6.4 of Chapter 6 of the Heavy Vehicle National Law. The Notice imposes obligations on record keepers who fall within its scope. They must ensure compliance with the exemptions and conditions set out in the Notice, which effectively means they are not required to keep detailed records of driver work and rest times under the specified conditions. This includes understanding and applying the Notice correctly to the drivers under their management to avoid any inadvertent breaches of the Heavy Vehicle National Law. There are no specific offences, penalties, or civil or criminal consequences outlined within this Notice itself for breaches of the exemption conditions. However, breaches of the underlying Heavy Vehicle National Law, from which these exemptions are derived, could result in penalties. For example, under the Heavy Vehicle National Law, failure to comply with work and rest time requirements can lead to civil penalties, and in severe cases, criminal penalties. The exact penalties would depend on the specific breach and the jurisdiction's enforcement actions.