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Heavy Vehicle National Law Act 2012
sec.278Permit for work and rest hours exemption (permit) etc.
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### sec.278 Permit for work and rest hours exemption (permit) etc.
If the Regulator grants a work and rest hours exemption (permit) to a person, the Regulator must give the person—
a permit for the exemption; and
if prescribed circumstances apply to the grant of the exemption—an information notice for the prescribed circumstances.
A permit for a work and rest hours exemption (permit) must state the following—
the name of the person to whom the permit is given;
the driver of a fatigue-regulated heavy vehicle, or class of drivers of fatigue-regulated heavy vehicles, to which the exemption applies;
the maximum work times and minimum rest times that apply to drivers operating under the exemption;
the conditions of the exemption, including, if applicable, the condition mentioned in section 276 (1) ;
the period for which the exemption applies.
In this section—
prescribed circumstances , for a work and rest hours exemption (permit), means the Regulator has—
imposed conditions on the exemption under section 276 (2) ; or
granted the exemption in a way that does not cover all the drivers sought by the applicant for the exemption; or
granted the exemption setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant for the exemption; or
granted the exemption for a period less than the period of not more than 3 years sought by the applicant for the exemption.
sch s 278 om 2025 No. 26 s 61 (uncommenced amendment)
(sec.278-ssec.1) If the Regulator grants a work and rest hours exemption (permit) to a person, the Regulator must give the person— a permit for the exemption; and if prescribed circumstances apply to the grant of the exemption—an information notice for the prescribed circumstances.
(sec.278-ssec.2) A permit for a work and rest hours exemption (permit) must state the following— the name of the person to whom the permit is given; the driver of a fatigue-regulated heavy vehicle, or class of drivers of fatigue-regulated heavy vehicles, to which the exemption applies; the maximum work times and minimum rest times that apply to drivers operating under the exemption; the conditions of the exemption, including, if applicable, the condition mentioned in section 276 (1) ; the period for which the exemption applies.
(sec.278-ssec.3) In this section— prescribed circumstances , for a work and rest hours exemption (permit), means the Regulator has— imposed conditions on the exemption under section 276 (2) ; or granted the exemption in a way that does not cover all the drivers sought by the applicant for the exemption; or granted the exemption setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant for the exemption; or granted the exemption for a period less than the period of not more than 3 years sought by the applicant for the exemption.
- (a) a permit for the exemption; and
- (b) if prescribed circumstances apply to the grant of the exemption—an information notice for the prescribed circumstances.
- (a) the name of the person to whom the permit is given;
- (b) the driver of a fatigue-regulated heavy vehicle, or class of drivers of fatigue-regulated heavy vehicles, to which the exemption applies;
- (c) the maximum work times and minimum rest times that apply to drivers operating under the exemption;
- (d) the conditions of the exemption, including, if applicable, the condition mentioned in section 276 (1) ;
- (e) the period for which the exemption applies.
- (a) imposed conditions on the exemption under section 276 (2) ; or
- (b) granted the exemption in a way that does not cover all the drivers sought by the applicant for the exemption; or
- (c) granted the exemption setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant for the exemption; or
- (d) granted the exemption for a period less than the period of not more than 3 years sought by the applicant for the exemption.