Heavy Vehicle National Law
Proposed Action Notice – Cancellation of South Australia Primary Produce Fatigue Exemptions Notice 2015
Statutory Instrument Series:
Fatigue Record Keeping Exemption Notice - Cancellation Notice - Proposed Action Notice
Reference: NHVR0215-01
1 Authorising provision
(1) This Notice is made under the following sections of the HVNL as applied in each participating jurisdiction:
a) s271 Amendment or cancellation of work and rest hours exemption (Notice)
b) s362 Amendment or cancellation of work diary exemption (Notice)
c) s382 Amendment or cancellation of fatigue record keeping exemption (Notice)
2 Purpose
(1) The purpose of this Notice is to communicate the National Heavy Vehicle Regulator’s (the Regulator) intention to cancel the following instruments:-
a) Road Traffic (Heavy Vehicle Driver Fatigue) (Transport of Fruit, Vegetables and Grain) Notice 2011 (South Australia)
b) Road Traffic (Heavy Vehicle Driver Fatigue) (Transport of Bees) Notice 2011 (South Australia)
3 Grounds for proposed action
The Regulator believes that since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s grant of the exemptions.
4 Facts and circumstances forming the basis for the belief
The facts and circumstances forming the basis for the Regulator's belief are—
The instruments were published before the HVNL was in force and they are inconsistent with, or redundant to, current fatigue management requirements under the HVNL, and to the current National Primary Production Work Diary Exemption Notice 2015.
5 Title
This Notice may be cited as the Proposed Action Notice – Cancellation of South Australia Primary Produce Fatigue Exemptions Notice 2015.
6 Definitions
(1) Unless otherwise stated, words and expressions used in this Notice have the same meanings as those defined in the HVNL.
(2) In this Notice—
HVNL means the Heavy Vehicle National Law.
7 Invitation to make written representations
The Regulator invites any persons who will be affected by the proposed action to make by 8 January 2016 written representations about why the proposed action should not be taken to the following address—
Mail National Heavy Vehicle Regulator,
PO Box 492,
Fortitude Valley, Qld 4006
Email fatiguemanagement@nhvr.gov.au
Date: 9 December 2015
Sal Petroccitto
Chief Executive Officer
National Heavy Vehicle Regulator