Exemptions
A number of exemptions from certain provisions of the new law have been granted, including exemptions from the requirement to carry and complete a work diary and work and rest hours. A summary of these exemptions is set out below.
Work diary exemptions
Work diary exemptions have been provided for certain drivers. Further information can be found in the Work Diary Exemptions bulletin.
Local area work
Ministerial Exemption (Local Area Work Diary) Order 2009;
All drivers of a regulated heavy vehicle operating under Standard Hours, Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) and undertaking a journey within a 100km radius of the driver’s base are exempt from the requirement to carry and complete a work diary. Note: the BFM and AFM local area exemption, only applies in NSW.
Record keeping requirements still apply and full details are contained in the Order and Work Diary Exemptions bulletin.
This exemption is only with respect to the requirement to carry and complete a work diary. Drivers must comply with the other provisions of the Regulation, including managing fatigue, chain of responsibility requirements and compliance with prescribed work and rest hours.
Primary production
Ministerial Exemption (Primary Production Work Diary and Record Keeping) Order 2009;
All journeys undertaken for the purpose of primary production (cultivation of land, or the keeping of animals or bees) within a 160km radius of the driver’s base are exempt from the requirement to carry and complete a work diary and from the requirement to keep records.
Refer to the Work Diary Exemptions bulletin for further information.
This exemption is only with respect to the requirement to carry and complete a work diary and the requirement to keep records. Drivers must comply with the other provisions in the Regulation, including managing fatigue, chain of responsibility requirements and compliance with the prescribed work and rest hours.
Bus and coach industry
Bus and Coach Industry Exemption Order 2008;
All bus and coach drivers (including volunteer bus drivers, school bus drivers, private bus owners and operators) who undertake journeys within a 100km radius of the driver’s base and all bus and coach journeys provided under Ministry of Transport bus service contracts, regardless of distance travelled, are exempt from the requirement to carry and complete a work diary.
Record keeping requirements still apply and full details are contained in the Order and Work Diary Exemptions bulletin.
These exemptions are only with respect to the requirement to carry and complete a work diary (and record keeping requirements for primary producers). Drivers must comply with the other provisions of the Regulation, including managing fatigue, chain of responsibility requirements and compliance with prescribed work and rest hours.
Emergency Services
Ministerial Exemption (Emergency Services Fatigue Management and Speeding Compliance) Order 2008;
Drivers of a regulated heavy vehicle engaged on a journey in the course of duties undertaken for an emergency service including fire brigades and police, are exempt from all aspects of the new law.
Exemptions
Back to top