New South Wales Fatigue Record-Keeping Exemption Notice 2026 (No.1)

Overview

The New South Wales Fatigue Record-Keeping Exemption Notice 2026 (No. 1) was enacted to provide relief to record keepers for drivers of fatigue-regulated heavy vehicles engaged in specific classes of work within New South Wales. This legislative instrument was introduced to address the administrative burden on businesses and individuals responsible for maintaining detailed records of driver work and rest times, particularly in sectors where frequent short-haul trips are common. The notice was made under Section 378 of the Heavy Vehicle National Law, which empowers the National Heavy Vehicle Regulator to issue such exemptions to alleviate operational difficulties while ensuring safety and compliance with fatigue management standards. The notice commences on 10 February 2026 and will expire on 15 July 2028, during which period it exempts record keepers from the record-keeping obligations for drivers involved in primary production and certain business activities within specific radii from their base. The policy objective is to reduce the administrative load on businesses without compromising safety standards.

Scope and Application

The New South Wales Fatigue Record-Keeping Exemption Notice 2026 (No.1) applies specifically to record keepers for drivers of fatigue-regulated heavy vehicles who are engaged in particular types of work within New South Wales. This notice exempts these record keepers from the statutory requirement to maintain records of driver work and rest times as mandated by the Heavy Vehicle National Law (HVNL). The exemption applies to drivers who are performing work within a 100km radius of their base if the primary purpose of the business involves motor dealing, repair, inspection, maintenance or testing, or the manufacture of heavy vehicles, or the hire and rental of heavy vehicles. Additionally, it applies to drivers engaged in primary production activities within a 160km radius from their base. This notice effectively removes the burden of record keeping in these specific circumstances, thereby facilitating operational efficiency for the affected entities while maintaining regulatory oversight in other areas. The exemption provided by this notice is subject to the terms and conditions specified within the New South Wales Fatigue Record-Keeping Exemption Notice 2026 (No.1) and is made under Section 378 of the Heavy Vehicle National Law as it operates in participating jurisdictions. It is noteworthy that this notice replaces the New South Wales Fatigue Record-Keeping Exemption Notice 2025 (No.1) and carries forward the exemptions and conditions from the previous notice. The notice is effective from 10 February 2026 and will expire on 15 July 2028, ensuring that the exemptions are applied for a defined period to allow for review and assessment of their impact.

Key Provisions

The New South Wales Fatigue Record-Keeping Exemption Notice 2026 (No. 1) (hereinafter referred to as the "Notice") exempts record keepers for drivers of fatigue-regulated heavy vehicles from the requirement to keep records of driver work and rest time, as stipulated in Division 3 of Part 6.4 of Chapter 6 of the Heavy Vehicle National Law (HVNL) (section 2). This Notice is applicable to drivers of heavy vehicles involved in specific classes of work within defined geographical boundaries in New South Wales. Specifically, the Notice applies to record keepers for drivers operating 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 (section 4). Additionally, it applies to those operating within a 160km radius for primary production purposes (section 4). The Notice imposes obligations on the record keepers to ensure compliance with its provisions by exempting them from the record keeping requirements. This means that these record keepers are not required to document driver work and rest times for the specified activities within the designated areas. Such exemptions are intended to streamline record-keeping processes and reduce administrative burdens for drivers and record keepers, provided that the exempted activities are strictly within the defined parameters (section 5). Breaches of the conditions set out in this Notice could lead to civil or criminal consequences, although the Notice itself does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, given that this Notice is made under Section 378 of the HVNL, it is reasonable to infer that breaches could potentially lead to actions under the broader provisions of the HVNL. This might include fines or other penalties as stipulated in the primary legislation. The exact penalties would depend on the specific breach and the jurisdictional laws in place at the time of the offence (section 2).