Heavy Vehicle National Law
New South Wales Work Diary Exemption Notice 2017 (No. 1)
Statutory Instrument Series:
Record Keeping Exemption Notice
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.
2 Authorising Provision(s)
This notice is made under Section 357 of the Heavy Vehicle National Law as in force in participating jurisdictions.
3 Title
This notice may be cited as the New South Wales Work Diary Exemption Notice 2017.
4 Commencement
This notice commences on 10 February 2017.
5 Expiry
This notice expires on 9 February 2020.
6 Definitions
(1) Unless otherwise stated, words and expressions used in this Notice have the same meaning as those defined in the Heavy Vehicle National Law.
(2) In this Notice—
Disrupted railway passenger service means a rail passenger service operated by a NSW entity which is subject to an unplanned disruption which is sufficiently serious to require the provision of one or more rail replacement bus services.
Rail replacement bus service means a bus service provided by an accredited operator (as provided for under the Passenger Transport Act 1990 (NSW) or the Passenger Transport Act 2014 (NSW) whichever is operative at the relevant time) for the purpose of carrying passengers, and persons who were proposing to be passengers, of a disrupted railway passenger service.
Contracted bus service means a bus service of the type referred to in section 39 of the Passenger Transport Act 2014 (NSW) and provided under a passenger services contract as required under that section or a regular bus service as defined in the Passenger Transport Act 1990 (NSW) and provided under a contract as required by section 16 of the Passenger Transport Act 1990 (NSW) which is still valid.
7 Application
(1) 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 contracted bus service; or
(b) driving a bus that is providing a rail replacement bus service; or
(c) driving a heavy vehicle in the course of employment with a local government authority within the boundaries of that local government authority.
8 Exemption
This notice provides an exemption from the requirement to comply with Subdivisions 1 to 5 of Division 2 of Part 6.4 of the Heavy Vehicle National Law.
9 Conditions
This Notice applies on the condition that the record keeper for the driver records and keeps the information specified in section 319 of the HVNL in respect of the classes of work to which this Notice applies.
Dated: 8 February 2017
Sal Petroccitto
Chief Executive Officer
National Heavy Vehicle Regulator
Overview
The Heavy Vehicle National Law New South Wales Work Diary Exemption Notice 2017 (No. 1) was enacted to provide relief for drivers of fatigue-regulated heavy vehicles engaged in specific types of work within New South Wales. This legislation was introduced to address the administrative burden of maintaining work diaries for certain categories of drivers, while still ensuring compliance with broader safety and regulatory frameworks. The Notice was made under Section 357 of the Heavy Vehicle National Law as in force in participating jurisdictions and commenced on 10 February 2017, expiring on 9 February 2020. The policy objective of this exemption is to alleviate the paperwork requirements for drivers involved in contracted bus services, rail replacement bus services, and employment with local government authorities, thereby potentially reducing fatigue and increasing operational efficiency without compromising road safety standards.
Scope and Application
The New South Wales Work Diary Exemption Notice 2017 (No. 1) applies to drivers of fatigue-regulated heavy vehicles undertaking specific classes of work within New South Wales. These classes include drivers of buses providing contracted bus services, rail replacement bus services, and heavy vehicles employed by local government authorities within their respective boundaries. This exemption is made under Section 357 of the Heavy Vehicle National Law, which applies across participating jurisdictions in Australia, and is intended to ease administrative burdens on these drivers by exempting them from the requirement to maintain and record information in a work diary. The exemption is conditional upon the record keeper for the driver ensuring that the specified information under section 319 of the Heavy Vehicle National Law is recorded and kept. The Notice commenced on 10 February 2017 and will remain in effect until 9 February 2020, providing a temporary relief to the affected drivers during this period.
Key Provisions
The New South Wales Work Diary Exemption Notice 2017 (No. 1) (the "Notice") provides an exemption from the requirement to keep and record information in a work diary for drivers of fatigue-regulated heavy vehicles performing certain specified classes of work in New South Wales. This exemption applies under Subdivisions 1 to 5 of Division 2 of Part 6.4 of the Heavy Vehicle National Law (HVNL). The exemption is subject to certain conditions, such as the requirement for the record keeper for the driver to record and keep the information specified in section 319 of the HVNL in respect of the classes of work to which this Notice applies (sections 2, 4, 7, 8 and 9). The Notice specifies that it applies to drivers of fatigue-regulated heavy vehicles carrying out the following classes of work in New South Wales: driving a bus that is providing a contracted bus service, driving a bus that is providing a rail replacement bus service, or driving a heavy vehicle in the course of employment with a local government authority within the boundaries of that local government authority (section 7). The Notice is made under Section 357 of the HVNL as in force in participating jurisdictions, and it commences on 10 February 2017 and expires on 9 February 2020 (sections 2 and 4). The Notice defines terms such as "disrupted railway passenger service" and "rail replacement bus service" to ensure clarity in the application of the exemption (section 6).
Under the Notice, the obligations and requirements imposed on the parties or entities it governs include the exemption from the requirement to keep and record information in a work diary for drivers of fatigue-regulated heavy vehicles performing the specified classes of work in New South Wales, as long as the record keeper for the driver records and keeps the information specified in section 319 of the HVNL in respect of those classes of work (section 8). This exemption is intended to provide relief for drivers of fatigue-regulated heavy vehicles in certain circumstances while still ensuring compliance with the HVNL. Additionally, the Notice applies to the specified classes of work and is in effect for a limited period of time (sections 7 and 4).
The Notice does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it is important to note that any breach of the HVNL, including failure to comply with the requirements for work diaries, may result in civil or criminal penalties under the HVNL. The maximum penalties for breaches of the HVNL can vary depending on the specific breach and the jurisdiction in which it occurs. It is essential for drivers of fatigue-regulated heavy vehicles and their record keepers to be aware of their obligations under the HVNL and the Notice to avoid any potential penalties or consequences for non-compliance.