New South Wales Work Diary Exemption for 100km Work Under Basic Fatigue Management or Advanced Fatigue Management Notice 2016 (No. 2)

Overview

The New South Wales Work Diary Exemption for 100km Work Under Basic Fatigue Management or Advanced Fatigue Management Notice 2016 (No. 2) was enacted to address the administrative burden placed on drivers of fatigue-regulated heavy vehicles in New South Wales, allowing them to forgo the requirement to keep a national driver work diary when working within 100km of their base under Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) arrangements. This notice was made under Section 357(1) of the Heavy Vehicle National Law (HVNL) and commenced on 9 March 2016, replacing the previous notice that expired on 8 March 2016. The policy objective of this notice is to streamline record-keeping obligations for drivers who operate within a limited radius, thereby reducing administrative burdens without compromising safety. The notice applies to drivers undertaking 100km work in New South Wales under BFM or AFM arrangements, provided they do not undertake any work beyond 100km on the same day.

Scope and Application

The New South Wales Work Diary Exemption for 100km Work Under Basic Fatigue Management or Advanced Fatigue Management Notice 2016 (No. 2) provides an exemption from the national work diary requirements for drivers of fatigue-regulated heavy vehicles operating within a 100km radius of their base in New South Wales. This exemption applies specifically to drivers working under the Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) work and rest arrangements, and it only applies if the driver exclusively undertakes 100km work on a given day. Notably, this exemption does not extend to the driver’s Record Keeper or Accredited Holder, who remain subject to other requirements of the Heavy Vehicle National Law, including accreditation and record-keeping obligations. The notice is made under Section 357(1) of the Heavy Vehicle National Law and is applicable only within the jurisdictional reach of New South Wales, effective from 9 March 2016 until 1 May 2016.

Key Provisions

The key operative sections of the New South Wales Work Diary Exemption for 100km Work Under Basic Fatigue Management or Advanced Fatigue Management Notice 2016 (No. 2) are Sections 7, 8 and 9. Section 7 specifies the drivers who are eligible for this exemption, namely those operating fatigue-regulated heavy vehicles under the Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) arrangements, provided they are working within a 100km radius of their base and only undertake 100km work on that day. Section 8 outlines the conditions that must be met for the exemption to apply, such as the requirement for the record keeper to record specific information and maintain the records for three years. Section 9 further explains that the accreditation participant must have a fatigue management system that meets AFM or BFM standards, including Standard 6 on Records and Documentation. The obligations and requirements imposed by this Act are primarily on the drivers, record keepers, and accreditation participants of fatigue-regulated heavy vehicles. The drivers must ensure they are working within the 100km radius and only undertake 100km work on the day, as specified in Section 7. The record keepers are required to record specific information as soon as possible after receiving it, keep the records for three years, and maintain them in a readable and understandable format that can be used as evidence, as detailed in Section 8. The accreditation participants must have a fatigue management system in place that meets AFM or BFM standards, including Standard 6 on Records and Documentation, as stated in Section 8. The Notice outlines specific offences, penalties, or civil/criminal consequences for breach. The Notice does not explicitly state penalties, but breaches of the Heavy Vehicle National Law (HVNL) generally may result in fines, disqualification from driving, or other enforcement actions. The severity of the penalty would depend on the nature and extent of the breach, as well as any previous history of non-compliance. For example, serious breaches may result in substantial fines and disqualification from driving, while minor breaches may result in smaller fines or other administrative penalties. It is important to note that the Notice does not exempt a driver’s Record Keeper or an Accredited Holder for the driver from other requirements of the HVNL, including accreditation and record keeping requirements.