Div 9Exemptions from work diary requirements

Division 9—Exemptions from work diary requirements 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 8. 356—Emergency services exemption (1) A person who is acting for an emergency service and who has time‑critical duties on the way to, or during, an emergency is exempted in the course of carrying out the duties from compliance with Division 2. (2) A person who is acting for an emergency service and who is returning from attending an emergency is exempted from compliance with Division 2 if the person reasonably believes the noncompliance does not present an unreasonable danger to other road users. (3) A person who is acting for an emergency service is exempted from compliance with Division 2 under subsection (1) or (2) only if, at the relevant time, the person complies with any guidelines regarding the management of fatigue issued by or on behalf of the emergency service or an authority responsible for oversight of the emergency service. emergency means an event, or an anticipated event, that— (a) endangers, or may endanger, life, property or the environment; or (b) has disrupted, or may disrupt, communications, energy supply, water supply or sewerage services; or (c) is declared to be an emergency or disaster by— (i) the Commonwealth or a State or Territory; or (ii) a Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters; Examples of an emergency— fire, explosion or natural disaster emergency service means an entity that has a statutory responsibility to respond to an emergency and includes the following: (a) an ambulance service; (b) a fire brigade, including a volunteer fire brigade; (c) a police force or police service; (d) a disaster or emergency organisation of the Commonwealth or a State or Territory. 357—Regulator's power to exempt particular drivers from work diary requirements (1) The Regulator may, by Commonwealth Gazette notice complying with section 361, exempt, for a period of not more than 3 years, drivers of fatigue‑regulated heavy vehicles carrying out a class of work from the requirement to comply with Subdivision 1 to Subdivision 5 of Division 2 for the work. (2) An exemption under subsection (1) is a work diary exemption (notice). 358—Restriction on grant of work diary exemption (notice) (1) The Regulator may grant a work diary exemption (notice) only if the Regulator is satisfied— (a) requiring the drivers to whom the exemption is to apply to comply with Subdivision 1 to Subdivision 5 of Division 2 would be an unreasonable restriction on operations conducted by the drivers; and (b) the class of work to which the exemption is to apply will not pose— (i) a significant risk to public safety; or (ii) a significant risk of the drivers to whom the exemption is to apply driving on a road while impaired by fatigue. (2) In deciding whether or not to grant a work diary exemption (notice), the Regulator must have regard to the approved guidelines for granting work diary exemptions. 359—Conditions of work diary exemption (notice) A work diary exemption (notice) may be subject to any conditions the Regulator considers appropriate, including, for example— (a) conditions about recording information about the work to which the exemption applies; and (b) a condition that the driver of a fatigue‑regulated heavy vehicle who is operating under the exemption must keep in the driver's possession a copy of— 360—Period for which work diary exemption (notice) applies A work diary exemption (notice)— 361—Requirements about Commonwealth Gazette notice (1) A Commonwealth Gazette notice for a work diary exemption (notice) must state the following: (a) the class of work to which the exemption applies; (b) that drivers of fatigue‑regulated heavy vehicles who carry out the class of work are exempt from the requirement to comply with Subdivision 1 to Subdivision 5 of Division 2 for the work; 362—Amendment or cancellation of work diary exemption (notice) (1) It is a ground for amending or cancelling a work diary 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 the work diary 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 work diary 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 363—Regulator's power to exempt driver of fatigue‑regulated heavy vehicle from work diary requirement (1) The Regulator may, by giving a person a permit as mentioned in section 368, exempt, for a period of not more than 3 years, a driver of a fatigue‑regulated heavy vehicle from the requirement to comply with Subdivision 1 to Subdivision 5 of Division 2. (2) An exemption under subsection (1) is a work diary exemption (permit). 364—Application for work diary exemption (permit) (1) The driver of a fatigue‑regulated heavy vehicle who is working under standard hours may apply to the Regulator for a work diary exemption (permit). (ii) any conditions for the exemption sought by the applicant; and (c) nominate a person (the nominee) to make written work records for the driver; and (d) be accompanied by the nominee's written agreement to the nomination; and (e) be accompanied by the prescribed fee for the application. (3) An employer of the driver of a fatigue‑regulated heavy vehicle may make an application under subsection (1) on behalf of the driver. (4) 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. 365—Restriction on grant of work diary exemption (permit) (1) The Regulator may grant a work diary exemption (permit) only if the Regulator is satisfied— (a) the driver cannot make records in the driver's work diary because of the driver's inadequate English literacy; and (b) the nominee for the driver will be able to make records that are no less complete or accurate than records made under Subdivision 1 to Subdivision 5 of Division 2; and (c) the driver works only under standard hours. (2) In deciding whether or not to grant a work diary exemption (permit), the Regulator must have regard to the approved guidelines for granting work diary exemptions. nominee, for the driver of a fatigue‑regulated heavy vehicle, means the person nominated, in the application for the work diary exemption (permit), by the driver to make written work records for the driver. 366—Conditions of work diary exemption (permit) (1) A work diary exemption (permit) is subject to the condition that the driver to whom the exemption applies must carry out all work as a driver of fatigue-regulated heavy vehicles under standard hours only. (2) A work diary exemption (permit) may be subject to any other conditions the Regulator considers appropriate, including, for example, conditions about— (a) the information to be included in records about the work carried out by the driver of a fatigue‑regulated heavy vehicle to whom the exemption applies; and (b) how the records are to be made. 367—Period for which work diary exemption (permit) applies (1) A work diary 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 work diary exemption (permit). 368—Permit for work diary exemption (permit) etc (1) If the Regulator grants a work diary exemption (permit) to a person, the Regulator must give the person— (b) if the Regulator has imposed conditions on the exemption under section 366 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 work diary exemption (permit) must state the following: (a) the name of the driver of a fatigue‑regulated heavy vehicle to whom the permit is given; (b) the name of the nominee for the driver; nominee, for the driver of a fatigue‑regulated heavy vehicle, means the person nominated, in the application for the work diary exemption (permit), by the driver to make written work records for the driver. 369—Refusal of application for work diary exemption (permit) If the Regulator refuses an application for a work diary exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application. 370—Amendment or cancellation of work diary exemption (permit) on application by permit holder (1) The holder of a permit for a work diary exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption. (d) if the application is for an amendment of the person nominated by the holder to make written work records for the holder—be accompanied by the nominee's written agreement to the nomination; and (e) be accompanied by the permit. (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 amends the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended. (6) If the Regulator decides not to amend or cancel the work diary exemption (permit), as sought by the applicant, the Regulator must— 371—Amendment or cancellation of work diary exemption (permit) on Regulator's initiative (1) Each of the following is a ground for amending or cancelling a work diary exemption (permit): (b) the person to whom the exemption is granted has contravened this Law or a corresponding fatigue law; (c) the nominee has contravened a condition of the exemption; (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 work diary 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 nominee, for the person to whom a work diary exemption (permit) is granted, means the person stated in the permit for the exemption as the person nominated by the person to make written work records for the person. 372—Minor amendment of work diary exemption (permit) The Regulator may, by notice given to the holder of a permit for a work diary exemption (permit), amend the exemption in a minor respect— 373—Return of permit (1) If a person's work diary exemption (permit) is amended or cancelled under this Subdivision, 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. 374—Replacement of defaced etc permit (1) If a person's permit for a work diary 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 4—Operating under work diary exemption 375—Contravening condition of work diary exemption A person must not contravene a condition of a work diary exemption. 376—Keeping relevant document while operating under work diary exemption (notice) (1) This section applies if a work diary exemption (notice) is subject to the condition that the driver of a fatigue‑regulated heavy vehicle who is operating under the exemption must keep a relevant document in the driver's possession. (2) A driver of the fatigue‑regulated heavy vehicle who is operating under the work diary exemption (notice) must comply with the condition. (3) Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse. relevant document, for a work diary exemption (notice), means a copy of— relevant party, for the driver of a fatigue-regulated heavy vehicle, means— (b) a prime contractor of the driver if the driver is a self-employed driver; or 377—Keeping permit or copy while operating under work diary exemption (permit) The driver of a fatigue‑regulated heavy vehicle who is operating under a work diary exemption (permit) must keep the permit or a copy of the permit in the driver's possession.