HEAVY VEHICLE NATIONAL LAW
NEW SOUTH WALES WORK DIARY EXEMPTION FOR 100KM WORK UNDER BASIC FATIGUE MANAGEMENT OR ADVANCED FATIGUE MANAGEMENT NOTICE 2016 (No. 1)
- Purpose
The purpose of this notice is to provide drivers of fatigue-regulated heavy vehicles operating in New South Wales (NSW) under the BFM or AFM work and rest arrangements with an exemption from the requirements to keep a national driver work diary set out in Subdivisions 1 to 5 of Division 2 of Part 6.4 of Chapter 6 (‘work diary requirements’) of the Heavy Vehicle National Law, and to state the conditions under which this exemption may be used.
Note: The Heavy Vehicle National Law imposes a duty to keep a national driver work diary and record prescribed information in it on the driver of a fatigue-regulated heavy vehicle working under the BFM and AFM work and rest arrangements, regardless of the distance the driver is working from their base. This instrument provides an exemption from these requirements to these drivers when they work within a 100km radius of the driver’s base.
This Notice replaces the National Work Diary Exemption for 100km work under Basic Fatigue Management or Advanced Fatigue Management in New South Wales (Notice) 2014 (No. 1), which expired on 9 February 2016. This Notice extends by one month the transitional period to continue variations to the Road Transport (Vehicle and Driver Management) Regulation 2005 made in NSW. This instrument does NOT exempt a drivers’ Record Keeper or an Accredited Holder for the driver from other requirements of the HVNL including, but not limited to, accreditation and record keeping requirements.
2. Authorising Provision(s)
This notice is made under Section 357(1) of the Heavy Vehicle National Law (HVNL) as in force in each state or territory.
3. Title
This notice may be cited as the New South Wales Work Diary Exemption for 100km Work Under Basic Fatigue Management or Advanced Fatigue Management Notice 2016 (No.1).
4. Commencement
This notice commences on 10 February 2016.
5. Expiry
This notice expires on 8 March 2016.
6. Definitions
Unless otherwise stated, words and expressions used in this Notice have the same meaning as those defined in the Heavy Vehicle National Law.
7. Application
(1) This notice applies to the driver of a fatigue-regulated heavy vehicle undertaking ‘100km work’ under the BFM or AFM work and rest arrangements.
(2) This notice applies if the driver only undertakes 100km work (and does not undertake any 100+km) on a day.
(3) This notice applies in New South Wales.
Note: this exemption applies to drivers operating under an AFM accreditation or a BFM accreditation while driving in New South Wales regardless of the location of the driver’s base.
8. Conditions
(1) A driver to whom this notice applies is not required to comply with Subdivisions 1 to 5 of Division 2 of Part 6.4 of Chapter 6 of the HVNL for this work if its conditions are complied with.
(2) The record keeper (as defined in section 317 of the HVNL) for a driver to whom this notice applies must:
- record the following information as soon as possible after receiving it;
- information mentioned in section 319(1)(a) and (b) of the HVNL; and
- the driver’s base for each journey;
- keep a record that is required to be kept under this clause for 3 years after it is created;
- keep the records at the record location for the driver so that they are reasonably accessible to an authorised officer or police officer;
- keep the records in a way that ensures:
- they are readable and reasonably capable of being understood; and
- are capable of being used as evidence.
(3) The accreditation participant for a driver operating under this notice must have a fatigue management system in place that meets the AFM or BFM standards, applying to the driver including Standard 6, ‘Records and Documentation’.
Dated 5 February 2016
Sal Petroccitto
Chief Executive Officer
National Heavy Vehicle Regulator