NEW SOUTH WALES WORK DIARY EXEMPTION NOTICE 2014 (No. 1)
Purpose
The purpose of this Notice is to exempt drivers of fatigue-regulated heavy vehicles carrying out specified classes of work in New South Wales from the requirement to keep and record information in a work diary and to specify the conditions of the exemption under this Notice.
Authorising Provision
- This Notice is issued in accordance with section 357 of the Heavy Vehicle National Law (HVNL).
2. This Notice replaces the following instruments issued under a law of a participating jurisdiction:
New South Wales
Road Transport (General) Regulation 2005 clauses 115C, 115D and 115E.
Ministerial Exemption (Rail Replacement Bus Services) Order 2010.
Definitions
3. Unless otherwise stated, words and expressions used in this Notice have the same meaning as those defined in the HVNL.
4. In this Notice—
‘disrupted railway passenger services’ means the unplanned disruption of railway passenger services operated by a NSW entity which are sufficiently serious to require the provision of rail replacement bus services.
‘primary production’ means—
a) the cultivation of land for the purpose of selling the produce of the land; or
b) the maintenance of animals (including birds), whether wild or domesticated, for the purpose of selling them or their natural increase or bodily produce; or
c) the keeping of bees for the purpose of selling their honey or other apiary products; or
d) transporting animals or produce in connection with the sale of the animals or produce.
‘rail replacement bus services’ means buses operated by an accredited service operator within the meaning of the Passenger Transport Act 1990 (NSW) for the purpose of carrying passengers, and persons who were proposing to be passengers, of disrupted railway passenger services.
‘regular bus service means a bus service provided in accordance with a service contract entered into under Part 3 of the Passenger Transport Act 1990 (NSW);
Title
5. This Notice may be cited as the New South Wales Work Diary Exemption Notice 2014 (No. 1).
Commencement
6. This Notice commences on 10 February 2014
Expiration
7. This Notice expires on 9 February 2017
Application
8. This Notice applies to drivers of fatigue-regulated heavy vehicles carrying out the following classes of work in New South Wales—
(a) driving a bus that is providing a regular bus service;
(b) driving a bus that is providing a rail replacement bus service;
(c) driving a heavy vehicle in the course of employment with a local government authority within the boundaries of that local government authority;
(d) driving a heavy vehicle on a journey for the purpose of primary production within a radius of 160 kilometres of the driver’s base.
Conditions
9. This Notice applies on the condition that the record keeper for the driver records and keeps the information specified in section 319 of the Heavy Vehicle National Law in respect of the classes of work to which this Notice applies.
Declaration
I, Richard Hancock, Chief Executive of the National Heavy Vehicle Regulator exempt drivers of fatigue-regulated heavy vehicles carrying out a class of work specified in clause 8 of this Notice from the requirement to comply with Subdivisions 1 to 5 of Division 2 of Part 6.4 of Chapter 6 the Heavy Vehicle National Law for the work, subject to the condition specified in clause 9 of this Notice.
Dated 5 February 2014
Richard Hancock
Chief Executive Officer
National Heavy Vehicle Regulator