HEAVY VEHICLE NATIONAL LAW

National Heavy Vehicle Western Australia Supplementary Work and Rest Hours Exemption (No.1)

1. Purpose

1)      This notice provides an exemption from work and rest hour requirements for the drivers of fatigue regulated heavy vehicles who are operating under the National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice, as amended from time to time, and are also compliant with Western Australia Heavy Vehicle Accreditation.

Note: Nothing in this exemption relieves the driver of a fatigue regulated heavy vehicle from the duty to avoid driving while fatigued, pursuant to section 228 of the Heavy Vehicle National Law (HVNL).

This Notice does not provide an exemption from work diary ore record keeping requirements under Part 6.4 of the HVNL, or from any safety duty that may apply under Chapter 1A of the HVNL.

2.       Authorising Provisions

1)      This notice is issued under the following provisions of the Heavy Vehicle National Law (HVNL):

a)      section 266 - Regulator’s power to exempt class of drivers from particular maximum work requirements and minimum rest requirements

3.       Title

This notice may be cited as the National Heavy Vehicle Western Australia Supplementary Work and Rest Hours Exemption (No.1).

4.       Commencement

This notice commences on 15 March 2023.

5.       Expiry

This notice expires on 30 June 2023.

6.       Definitions

Unless stated otherwise, words and expressions used in this notice have the same meaning as in the HVNL and its regulations.

7.       Application – class of work

1)      The exemption from work diary requirements under section 2(1)(a) of this notice applies to a driver who is operating a fatigue regulated heavy vehicle in compliance with the National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2023, as amended from time to time.

Note: The National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2023 is an exemption notice issued by the Regulator under section 117 of the HVNL.

2)      Pursuant to s270 (1)(b) of the HVNL, the work specified under 1) is the class of work to which this notice applies.

3)      A driver to whom this section applies and who complies with the conditions of this notice is an eligible driver.

8.       Condition - work and rest hours

1)      An eligible driver must comply with the following work and rest hours requirements set out in Schedule 1 of this notice:

a)      Table 1 Work and Rest Hours – for a solo driver of a fatigue regulated heavy vehicle

b)      Table 2 Work and Rest Hours – for a two-up driver of a fatigue regulated heavy vehicle

9.       Conditions – compliance with Western Australia Heavy Vehicle Accreditation

Eligible drivers must be employed by an operator that holds Western Australia Heavy Vehicle Accreditation (WAHVA).

10.   Condition – currency of medical examination

1)      In addition to the requirement in section 10, eligible drivers operating under this notice must also have undergone a medical check compliant with WAHVA or National Heavy Vehicle Accreditation Scheme within the last:

a)      3 years for drivers aged 49 and under; or

b)      1 year for drivers aged 50 and over.

11.   Condition – carriage of documents

1)      An eligible driver must carry the following documents and produce them when required by an authorised officer or a police officer:

a)      Documents establishing that they are employed by for an operator that holds and is compliant with Western Australia Heavy Vehicle Accreditation.

b)      A copy of this notice.

David Hourigan

Chief Regulatory and Policy Standards Officer

National Heavy Vehicle Regulator

Schedule 1 Work and rest hours options

Pursuant to section 8 of this notice, an eligible driver must comply with the work and rest hours options provided in the following tables.

Table 1 Work and Rest Hours – solo driver of a fatigue regulated heavy vehicle

Table 2 Work and Rest Hours – two-up driver of a fatigue regulated heavy vehicle