New South Wales Fatigue Record-Keeping Exemption Notice 2025 (No.1)

Overview

The New South Wales Fatigue Record-Keeping Exemption Notice 2025 (No. 1) was enacted to address the need for streamlined record-keeping requirements for drivers of fatigue-regulated heavy vehicles involved in specific classes of work within New South Wales. This Notice aims to exempt these drivers from the obligations imposed under the Heavy Vehicle National Law, specifically targeting those engaged in activities within a 100km radius from their base, such as motor dealing, repair, inspection, maintenance, testing, heavy vehicle manufacturing, or the hire and rental of heavy vehicles, as well as those involved in primary production activities within a 160km radius. This exemption is made under Section 378 of the Heavy Vehicle National Law, as in force in participating jurisdictions, and replaces the New South Wales Fatigue Record-Keeping Exemption Notice 2022 (No. 1) to carry forward the previous exemptions and conditions in the same terms. The Notice commences on 10 February 2025 and expires on 9 February 2026, providing a temporary relief to record keepers to facilitate smoother operations in the specified sectors.

Scope and Application

The New South Wales Fatigue Record-Keeping Exemption Notice 2025 (No.1) applies to record keepers for drivers of fatigue-regulated heavy vehicles engaged in specific classes of work within New South Wales. This exemption pertains to drivers working in areas up to 100km from their base for motor dealing, repair, inspection, maintenance or testing, manufacturing heavy vehicles, or the hire and rental of heavy vehicles. It also covers drivers working within 160km of their base for primary production activities. The exemption is applicable under Section 378 of the Heavy Vehicle National Law as it applies in participating jurisdictions and serves to relieve these drivers from the mandatory record-keeping requirements outlined in Division 3 of Part 6.4 of Chapter 6 of the Heavy Vehicle National Law. The Notice, which replaces the New South Wales Fatigue Record-Keeping Exemption Notice 2022 (No.1), carries forward the previous exemptions and conditions, maintaining the same terms and scope. It commences on 10 February 2025 and will expire on 9 February 2026 unless otherwise altered by subordinate instruments.

Key Provisions

The New South Wales Fatigue Record-Keeping Exemption Notice 2025 (No.1) provides a specific exemption from the record-keeping requirements for drivers of fatigue-regulated heavy vehicles carrying out certain classes of work within New South Wales (section 3). This exemption applies to record keepers who are responsible for drivers engaged in work within a 100km radius of their base in motor dealing, repair, inspection, maintenance, testing, manufacturing heavy vehicles, or the hire and rental of heavy vehicles. Additionally, it also applies to drivers involved in primary production activities within a 160km radius of their base (section 4). The exemption is designed to alleviate the administrative burden on record keepers for these particular activities (section 5). The Notice imposes specific obligations on record keepers who are eligible for the exemption. These record keepers must ensure that drivers under their responsibility adhere to the fatigue management requirements of the Heavy Vehicle National Law (HVNL), even though they are exempt from the record-keeping obligations. This means that while they are not required to maintain detailed records of drivers' work and rest times, they must still ensure compliance with the overall fatigue management provisions of the HVNL (section 5). There are no explicit offences or penalties outlined in this Notice itself, as it primarily focuses on providing an exemption from record-keeping obligations. However, any breaches of the fatigue management provisions of the HVNL itself could result in civil or criminal penalties. The HVNL stipulates that contravening fatigue management requirements can lead to significant fines and potential imprisonment for individuals and corporations. For example, individuals can face fines of up to $16,500 and imprisonment for up to two years, while corporations can be fined up to $82,500 (section 378 of the HVNL). The Notice's role is to provide relief from administrative burdens without compromising the overarching safety objectives of the HVNL.