HEAVY VEHICLE NATIONAL LAW
New South Wales Work Diary Exemption Notice 2023 (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.
Note: This Notice replaces the New South Wales Work Diary Exemption Notice 2020 (No.1) on its expiry.
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 2023 (No.1).
4. Commencement
This notice commences on 10 February 2023.
5. Expiry
This notice expires on 9 February 2026.
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.
David Hourigan
Chief Regulatory and Policy Standards Officer
National Heavy Vehicle Regulator
Overview
The New South Wales Work Diary Exemption Notice 2023 (No.1) was enacted to provide relief for drivers of fatigue-regulated heavy vehicles operating in New South Wales from the obligation to maintain and record detailed information in a work diary, while specifying the conditions under which this exemption applies. This Notice was introduced to streamline administrative processes for certain classes of work, aiming to reduce the bureaucratic burden on drivers without compromising safety standards. It was enacted under Section 357 of the Heavy Vehicle National Law as in force in participating jurisdictions and took effect on 10 February 2023. The Notice is set to expire on 9 February 2026, unless otherwise altered by future legislation. The exemption applies to drivers involved in providing contracted bus services, rail replacement bus services, and employment with local government authorities within New South Wales, provided the record keeper maintains the necessary information as outlined in section 319 of the Heavy Vehicle National Law.
Scope and Application
The New South Wales Work Diary Exemption Notice 2023 (No. 1) applies to drivers of fatigue-regulated heavy vehicles who are engaged in specified classes of work within New South Wales. These classes include the operation of buses providing contracted bus services or rail replacement bus services, as well as heavy vehicles driven by employees of local government authorities within their respective jurisdictional boundaries. This exemption operates under the authority of Section 357 of the Heavy Vehicle National Law as implemented in participating jurisdictions. The Notice exempts these drivers from the obligations to maintain and record work diaries as stipulated in Subdivisions 1 to 5 of Division 2 of Part 6.4 of the Heavy Vehicle National Law, subject to the condition that the record keeper for the driver ensures the information specified in section 319 of the Heavy Vehicle National Law is recorded and kept for the specified classes of work. The Notice, which replaces the New South Wales Work Diary Exemption Notice 2020 (No. 1) upon its expiry, is effective from 10 February 2023 and will remain in force until 9 February 2026.
Key Provisions
The main operative sections of the New South Wales Work Diary Exemption Notice 2023 (No.1) (sections 7 to 9) specify the types of work and drivers of heavy vehicles that are exempt from the requirement to keep and record information in a work diary under the Heavy Vehicle National Law (HVNL). This exemption applies to drivers engaged in three specific classes of work in New South Wales: driving buses that provide contracted bus services (section 7(a)), rail replacement bus services (section 7(b)), and driving heavy vehicles in the course of employment with a local government authority within the boundaries of that local government authority (section 7(c)). The exemption is conditional upon the record keeper for the driver recording and keeping the specified information in accordance with section 319 of the HVNL (section 9). This Notice serves to replace the New South Wales Work Diary Exemption Notice 2020 (No.1) upon its expiry, and it will remain in effect until 9 February 2026.
Under the New South Wales Work Diary Exemption Notice 2023 (No.1), the primary obligations imposed on the parties it governs are related to the specified exemptions and the conditions of those exemptions. The Notice requires that the record keeper for the driver records and keeps the specified information in respect of the exempted classes of work. This includes maintaining records for drivers engaged in contracted bus services, rail replacement bus services, and those employed by local government authorities within their jurisdictional boundaries. These obligations ensure that while drivers are exempt from certain work diary requirements, the necessary safety and compliance records are still maintained.
The New South Wales Work Diary Exemption Notice 2023 (No.1) does not explicitly state any specific offences, penalties, or consequences for breach within its text. However, the overarching framework of the Heavy Vehicle National Law (HVNL) under which this Notice operates would still apply. Breaches of the HVNL or its regulations can lead to various civil and criminal consequences, including fines and imprisonment. The maximum penalties for breaches of the HVNL can vary depending on the specific offence and jurisdiction, but they can include significant financial penalties and imprisonment terms. It is important to refer to the HVNL for detailed information on the penalties applicable to breaches of heavy vehicle regulations.