NATIONAL HEAVY VEHICLE LAW
NEW SOUTH WALES LIVESTOCK CARRIER DRIVER WORK TIME EXEMPTION (NOTICE) 2014 (No. 1)
Purpose
- The purpose of this Notice is to exempt specified drivers of regulated heavy vehicles carrying livestock from specified work time limits if the welfare of the livestock is at risk due to circumstances which were not reasonably foreseeable.
NOTE: This notice replaces the NSW Ministerial Exemption (Extension of Driver Work Time to Ensure Livestock Welfare) Order 2009.
Authorising Provision
2. This Notice is issued in accordance with section 266 of the Heavy Vehicle National Law as in force in each participating jurisdiction (HVNL).
Title
3. This Notice shall be known as the New South Wales Livestock Carrier Driver Work Time Exemption (Notice) 2014 (No. 1).
Commencement
4. This Notice commences on 10 February 2014.
Expiry
5. This Notice expires on 9 February 2017.
Definitions
6. Unless otherwise stated, words and expressions used in this Notice have the same meaning as those defined in the HVNL.
Application
7. This Notice applies to solo drivers of fatigue-regulated heavy vehicles who are operating under the standard hours or the BFM hours where:
(a) the primary load of the vehicle is live cattle, sheep, goats, pigs or other livestock; and
(b) the welfare of the livestock is at risk due to circumstances which were not reasonably foreseeable.
Maximum work times
8. The maximum work times that apply to a driver operating under this exemption are as follows:
(a) a driver operating under standard hours may work a maximum of:
(i) 14 hours in any period of 24 hours; and
(ii) 74 hours in any period of 7 days, only when this exemption applies during the last 24 hours in the 7 day period; and
(iii) 146 hours in any period of 14 days, only when this exemption applies during the last 24 hours in the 14-day period.
(b) a driver operating under BFM hours may work a maximum of:
(i) 15 hours in any period of 24 hours; and
(ii) 145 hours in any period of 14 days, only when this exemption applies during the last 24 hours in the 14-day period.
Minimum rest times
9. The minimum rest times that apply to a driver operating under this exemption are as follows:
(a) a driver operating under standard hours must have a minimum of 10 continuous hours stationary rest time between finishing work where any of that work was carried out under this exemption and resuming work;
(b) a driver operating under BFM hours must have a period of continuous stationary rest time of at least 7 hours plus twice the amount of time the driver worked in excess of 14 hours on the day the driver operated in accordance with this exemption, between finishing work on the day the driver worked in accordance with this exemption and resuming work.
Conditions
10. The driver must, as soon as practicable after becoming aware of the circumstances set out in clause 7(b), make a written record which includes the following information:
(a) the circumstances which resulted in risks to the welfare of the livestock; and
(b) the time, date and location when the driver became aware of these circumstances.
11. The written record required to be made by the driver under clause 10 must:
(a) in the case of a driver who is required to record information in a work diary on the day on which the driver operated in accordance with this exemption – be kept with the driver’s work diary and provided to the driver’s record keeper within 21 days; or
(b) in any other case – be provided to the driver’s record keeper as soon as practicable, but no later than 21 days.
12. Within 7 days of receiving the written record provided by a driver in accordance with Clause 11 of this Notice, the record keeper must notify the Regulator, in a form approved by the Regulator, of:
(a) the name and licence number of the driver;
(b) the date(s) the driver worked in accordance with this exemption;
(c) the total amount of work time undertaken by the driver on the relevant dates; and
(d) the circumstances which resulted in risks to the welfare of the livestock.
13. The record keeper of the driver must keep the written record referred to in Clause 10 and a record of the information notified to the Regulator in accordance with 12 for 3 years after they are created.
Declaration
I, Richard Hancock, Chief Executive Officer and delegate of the National Heavy Vehicle Regulator, grant a work and rest hours exemption to allow a driver to whom this Notice applies to operate under the maximum work times and minimum rest times specified in this Notice, subject to the conditions specified in this Notice.
Dated 5 February 2014
Richard Hancock
Chief Executive Officer
National Heavy Vehicle Regulator