Div 10Exemptions from fatigue record keeping requirements of Division 3

Division 10—Exemptions from fatigue record keeping requirements of Division 3 In the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland, this Division is numbered Division 8A. Subdivision 1—Exemptions by Commonwealth Gazette notice 378—Regulator's power to exempt record keepers from fatigue record keeping requirements (1) The Regulator may, by Commonwealth Gazette notice complying with section 381, exempt, for a period of not more than 3 years, record keepers for drivers of fatigue-regulated heavy vehicles carrying out a class of work from the requirement to comply with all or stated provisions of Division 3 for the work. (2) An exemption under subsection (1) is a fatigue record keeping exemption (notice). (3) In deciding whether or not to grant a fatigue record keeping exemption (notice), the Regulator must have regard to the approved guidelines for granting fatigue record keeping exemptions. 379—Conditions of fatigue record keeping exemption (notice) A fatigue record keeping exemption (notice)— (a) is subject to conditions prescribed by the national regulations for the exemption; and (i) conditions about recording information about the work to which the exemption applies; and (ii) a condition that a record keeper for the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep in the record keeper's possession— (A) a copy of the Commonwealth Gazette notice for the exemption; or (B) a stated document or stated kind of document relating to the exemption. 380—Period for which fatigue record keeping exemption (notice) applies A fatigue record keeping exemption (notice)— 381—Requirements about Commonwealth Gazette notice (1) A Commonwealth Gazette notice for a fatigue record keeping exemption (notice) must state the following: (a) the class of work to which the exemption applies; (b) that record keepers for drivers of fatigue-regulated heavy vehicles who carry out the class of work are exempt from the requirement to comply with all or stated provisions of Division 3 for the work; 382—Amendment or cancellation of fatigue record keeping exemption (notice) (1) It is a ground for amending or cancelling a fatigue record keeping exemption (notice) if, since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator's decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions. (2) If the Regulator considers a ground exists to amend or cancel a fatigue record keeping exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5). (a) stating that the Regulator believes a ground exists to amend or cancel the exemption; and (d) inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken. (4) If, after considering all written representations made under subsection (3)(d), the Regulator still considers the circumstances in which the Regulator may grant the fatigue record keeping exemption (notice) are no longer satisfied, the Regulator may— (a) if the proposed action was to amend the exemption—amend the exemption in a way that is not substantially different from the proposed action, including, for example, by— (i) amending the class of work to which the exemption applies; or (ii) amending the conditions of the exemption; or (i) amend the exemption, including, for example, by amending the exemption in a way mentioned in paragraph (a)(i) or (ii); or Subdivision 2—Exemptions by permit 383—Regulator's power to exempt record keepers from fatigue record keeping requirements (1) The Regulator may, by giving a person a permit as mentioned in section 387, exempt, for a period of not more than 3 years, a record keeper for one or more drivers of a fatigue-regulated heavy vehicle from the requirement to comply with all or stated provisions of Division 3. (2) An exemption under subsection (1) is a fatigue record keeping exemption (permit). (3) The Regulator may grant a fatigue record keeping exemption (permit) to the operator of a fatigue‑regulated heavy vehicle in combination with the operator's BFM accreditation or AFM accreditation. (4) The Regulator may grant a fatigue record keeping exemption (permit)— (a) in a way that does not cover all the drivers sought by the applicant; or (b) setting conditions different from those sought by the applicant. 384—Application for fatigue record keeping exemption (permit) (1) The record keeper for a driver of a fatigue-regulated heavy vehicle may apply to the Regulator for a fatigue record keeping exemption (permit). (ii) any conditions for the exemption sought by the applicant; (iii) the name and details of each driver of a fatigue-regulated heavy vehicle to whom the exemption sought is to apply; (iv) any other details prescribed by the national regulations; and (c) be accompanied by the prescribed fee for the application. (3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application. (4) In deciding whether or not to grant a fatigue record keeping exemption (permit), the Regulator must comply with any requirements prescribed by the national regulations for the purposes of this subsection and have regard to the approved guidelines for granting fatigue record keeping exemptions. 385—Conditions of fatigue record keeping exemption (permit) A fatigue record keeping exemption (permit)— (a) is subject to conditions prescribed by the national regulations for the exemption; and (i) a condition about the information to be included in records about the work carried out by drivers of fatigue-regulated heavy vehicles to whom the exemption applies; and (ii) a condition about how the records are to be made; and (iii) a condition that a record keeper for the driver of a fatigue‑regulated heavy vehicle who is operating under the exemption must keep in the record keeper's possession— (A) the permit for the exemption; or (B) a stated document or stated kind of document relating to the exemption. 386—Period for which fatigue record keeping exemption (permit) applies (1) A fatigue record keeping exemption (permit) applies for the period stated in the permit for the exemption. (2) The period may be less than the period sought by the applicant for the fatigue record keeping exemption (permit). 387—Permit for fatigue record keeping exemption (permit) etc (1) If the Regulator grants a fatigue record keeping exemption (permit) to a person, the Regulator must give the person— (b) if the Regulator has imposed conditions on the exemption under section 385 or has granted the exemption for a period less than the period of not more than 3 years sought by the person—an information notice for the decision to impose the conditions or grant the exemption for the shorter period. (2) A permit for a fatigue record keeping exemption (permit) must state the following: (a) the name of the drivers of fatigue-regulated heavy vehicles to whom the permit applies; (b) the conditions of the exemption; (c) the period for which the exemption applies. 388—Refusal of application for fatigue record keeping exemption (permit) If the Regulator refuses an application for a fatigue record keeping exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application. 389—Amendment or cancellation of fatigue record keeping exemption (permit) on application by permit holder (1) The holder of a permit for a fatigue record keeping exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption. (3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application. (c) if the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended. 390—Amendment or cancellation of fatigue record keeping exemption (permit) on Regulator's initiative (1) Each of the following is a ground for amending or cancelling a fatigue record keeping exemption (permit): (b) the holder of the permit for the exemption has contravened this Law or a corresponding fatigue law; (c) a driver of a fatigue-regulated heavy vehicle to whom the exemption applies has contravened this Law or a corresponding fatigue law; (d) since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator's decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions. (2) If the Regulator considers a ground exists to amend or cancel a fatigue record keeping exemption (permit) (the proposed action), the Regulator must give the holder of the permit for the exemption a notice— (d) if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and (e) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken. (3) If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may— (a) if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or 391—Minor amendment of fatigue record keeping exemption (permit) The Regulator may, by notice given to the holder of a permit for a fatigue record keeping exemption (permit), amend the exemption in a minor respect— 392—Return of permit (1) If a person's fatigue record keeping exemption (permit) is amended or cancelled, the Regulator may, by notice given to the person, require the person to return the person's permit for the exemption to the Regulator. (2) The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period. (3) If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended. 393—Replacement of defaced etc permit (1) If a person's permit for a fatigue record keeping exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit. (2) If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable. (3) If the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision. Subdivision 3—Exemptions by national regulations 394—Exemptions from provisions of Division 3 (1) The national regulations may provide for the exemption of record keepers for drivers of fatigue-regulated heavy vehicles from the requirement to comply with all or stated provisions of Division 3. (2) Without limiting subsection (1), the national regulations may prescribe matters about— (a) one or more classes of record keepers for which an exemption is to apply; and (b) one or more classes of drivers of fatigue-regulated heavy vehicles for which an exemption is to apply; and (c) conditions to which an exemption is to be subject. Subdivision 4—Other provisions 395—Contravening condition of fatigue record keeping exemption A person must not contravene a condition of a fatigue record keeping exemption.