HEAVY VEHICLE NATIONAL LAW
New South Wales Fatigue Record-Keeping Exemption Notice 2026 (No.2)
- Purpose
- The purpose of this Notice is to exempt record keepers for drivers of fatigue-regulated heavy vehicles carrying out specified classes of work in New South Wales from the requirement to keep records of driver work and rest time imposed under the Heavy Vehicle National Law (HVNL).
Note: This Notice revokes the New South Wales Fatigue Record-Keeping Exemption Notice 2026 (No.1). This Notice carries forward the previous exemptions and conditions in the same terms.
- Authorising Provision
This Notice is made under Section 378 Regulator’s power to exempt record keepers from fatigue record keeping requirements of the Heavy Vehicle National Law as in force in participating jurisdictions.
- Title
This Notice may be cited as the New South Wales Fatigue Record-Keeping Exemption Notice 2026 (No.2).
- Commencement
This Notice commences on 1 August 2026.
- Expiry
This Notice expires on 15 July 2028.
- Definitions
(1) Unless otherwise stated, words and expressions used in this Notice have the same meaning as those defined in the HVNL.
(2) In this Notice—
primary production means -
- the cultivation of land for the purpose of selling the produce of the land;
- the maintenance of animals (including birds), whether wild or domesticated, for the purpose of selling them, or their natural increase or bodily produce;
- the keeping of bees for the purpose of selling their honey or other apiary products; or
- transporting animals or produce in connection with the sale of the animals or produce.
- Application
- This Notice applies to the record keeper for a driver of a fatigue-regulated heavy vehicle carrying out any of the following classes of work in New South Wales:
- Undertaking work in an area within a radius of 100km or less from the driver’s base in the course of carrying on a business, the primary purpose of which is:
- motor dealing, repair, inspection, maintenance or testing, or
- manufacturing heavy vehicles, or
- the hire and rental of heavy vehicles.
- Undertaking work within a radius of 160km or less from the driver’s base for the purpose of primary production.
- Exemption
Pursuant to section 2 of this Notice, an eligible record keeper is exempt from complying with Division 3 of Part 6.4 of the HVNL in relation to a driver carrying out a class of work to which this Notice applies.
Paul Daly
Director, Strategic Policy
National Heavy Vehicle Regulator
Overview
The Heavy Vehicle National Law New South Wales Fatigue Record-Keeping Exemption Notice 2026 (No.2) was enacted to address the administrative burden placed on record keepers of drivers of fatigue-regulated heavy vehicles carrying out specified classes of work within New South Wales. This Notice was issued by the National Heavy Vehicle Regulator under the authority granted by Section 378 of the Heavy Vehicle National Law, which empowers the Regulator to exempt record keepers from certain record-keeping requirements. The primary objective of this legislative instrument is to alleviate the compliance burden on record keepers while ensuring that safety standards are maintained. This Notice, which revokes the earlier New South Wales Fatigue Record-Keeping Exemption Notice 2026 (No.1), takes effect on 1 August 2026 and will expire on 15 July 2028, maintaining the previously established exemptions and conditions.
Scope and Application
The New South Wales Fatigue Record-Keeping Exemption Notice 2026 (No.2) applies to record keepers for drivers of fatigue-regulated heavy vehicles who are engaged in specific types of work within New South Wales. The Notice exempts these record keepers from the requirement to maintain records of driver work and rest times as mandated by Division 3 of Part 6.4 of the Heavy Vehicle National Law (HVNL). This exemption is applicable to drivers who are involved in work within a 100km radius of their base if the work pertains to motor dealing, repair, inspection, maintenance, testing, manufacturing of heavy vehicles, or the hire and rental of heavy vehicles. Additionally, the exemption covers drivers engaged in primary production activities within a 160km radius of their base. This Notice is made under section 378 of the HVNL, which grants the Regulator the authority to exempt record keepers from fatigue record-keeping requirements in participating jurisdictions. The Notice revokes the previous New South Wales Fatigue Record-Keeping Exemption Notice 2026 (No.1) and carries forward the previous exemptions and conditions in the same terms. The Notice is effective from 1 August 2026 and will expire on 15 July 2028.
Key Provisions
The New South Wales Fatigue Record-Keeping Exemption Notice 2026 (No.2) (the "Notice") exempts certain record keepers from the fatigue record-keeping requirements of the Heavy Vehicle National Law (HVNL) (sections 1 and 2). This Notice applies to record keepers for drivers of fatigue-regulated heavy vehicles engaged in specific classes of work within New South Wales, including work within a 100km radius of the driver’s base for motor dealing, repair, inspection, maintenance, testing, or manufacturing heavy vehicles, and work within a 160km radius for primary production activities (section 4). The Notice revokes the previous exemption notice, New South Wales Fatigue Record-Keeping Exemption Notice 2026 (No.1), and carries forward the previous exemptions and conditions in the same terms (section 3).
Record keepers who meet the criteria specified in the Notice are exempt from the requirement to keep records of driver work and rest time as stipulated in Division 3 of Part 6.4 of the HVNL (section 2). The definition of "primary production" in the Notice includes activities such as cultivating land for selling produce, maintaining animals for sale, keeping bees for selling honey, and transporting animals or produce in connection with their sale (section 5(2)). The exemptions apply to work performed within specified radii from the driver’s base, with different radii for different types of work (section 4).
Under this Notice, eligible record keepers are not required to comply with the HVNL’s fatigue record-keeping provisions for drivers engaged in the specified classes of work within New South Wales. However, it is important to note that this exemption does not relieve the record keeper of their other obligations under the HVNL or other relevant laws. The exemptions are in place to reduce administrative burdens while ensuring that safety standards are maintained through other means.
The Notice includes provisions for its commencement and expiry, effective from 1 August 2026 until 15 July 2028 (sections 6 and 7). The exemptions and conditions are designed to provide flexibility and relief to record keepers while still upholding the overarching safety objectives of the HVNL. Any breach of the conditions set out in this Notice could have legal implications, although the specific consequences are not detailed in the Notice itself. However, it is worth noting that non-compliance with the HVNL can result in significant penalties, including fines and potential disqualification from driving for the individuals concerned.