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
Overview
The New South Wales Work Diary Exemption Notice 2014 (No. 1) was enacted in 2014 to address the need for exemption from work diary requirements for specific categories of heavy vehicle drivers in New South Wales. This legislative instrument was introduced to streamline record-keeping obligations for certain drivers while ensuring compliance with the overarching framework of the Heavy Vehicle National Law (HVNL). The Notice was issued by the National Heavy Vehicle Regulator under the authority of section 357 of the HVNL, with the policy objective of facilitating more efficient operations for drivers engaged in specified classes of work without compromising safety and regulatory oversight. The Notice replaced previous regulations and orders, providing a consolidated exemption framework that applies to drivers of buses providing regular or rail replacement services, those employed by local government authorities, and drivers involved in primary production within a defined radius.
Scope and Application
The New South Wales Work Diary Exemption Notice 2014 (No. 1) serves to exempt drivers of fatigue-regulated heavy vehicles involved in specific classes of work in New South Wales from the requirement to maintain and record information in a work diary. This exemption is issued under section 357 of the Heavy Vehicle National Law (HVNL) and replaces certain clauses of the Road Transport (General) Regulation 2005 and the Ministerial Exemption (Rail Replacement Bus Services) Order 2010. The Notice applies to drivers who are operating buses providing either regular bus services or rail replacement bus services, driving heavy vehicles employed by local government authorities within their jurisdictional boundaries, and those driving heavy vehicles for primary production purposes within a 160-kilometre radius of the driver’s base. The exemption is contingent upon the record keeper for the driver documenting and retaining the specified information in accordance with section 319 of the HVNL. This Notice came into effect on 10 February 2014 and will expire on 9 February 2017.
Key Provisions
The New South Wales Work Diary Exemption Notice 2014 (No. 1) (the "Notice") aims to exempt certain drivers from the requirement to keep and record information in a work diary (section 4). Specifically, this exemption applies to drivers of fatigue-regulated heavy vehicles who are involved in specified classes of work within New South Wales, as outlined in section 8 of the Notice. The classes of work include drivers of buses providing regular bus services, rail replacement bus services, drivers employed by local government authorities, and drivers transporting goods for primary production within a 160-kilometre radius of their base (section 8(a)-(d)). This exemption is contingent upon the record keeper for the driver maintaining the information required under section 319 of the Heavy Vehicle National Law (HVNL) (section 9).
Under this Notice, the obligations imposed on the drivers and their employers primarily revolve around ensuring compliance with the specified conditions. The record keeper for the driver must diligently record and maintain the required information, as stipulated in section 319 of the HVNL (section 9). This ensures that while the drivers are exempt from maintaining their own work diaries, the necessary records are still kept accurately and comprehensively. Additionally, the Notice requires adherence to the specific classes of work defined within the Notice itself, ensuring that only eligible drivers benefit from this exemption.
Failure to comply with the requirements and conditions set out in the Notice may result in various consequences. While the Notice does not explicitly detail the penalties for non-compliance, breaches of the Heavy Vehicle National Law (HVNL) can result in severe penalties. These may include both civil and criminal consequences, with potential fines and imprisonment depending on the nature and severity of the breach. The exact penalties would be governed by the provisions of the HVNL and any other relevant legislation. It is imperative for all parties involved to understand and adhere to these obligations to avoid any legal repercussions.