When is an Exemption not an Exemption?

Under the HVNL, there are some circumstances where you can be exempted from keeping a work diary. Two of the most common ones you will meet are the 100 km exemption and the National Primary Production Work Diary Exemption.This exemption relates to primary production and is known as the National Primary Production Work Diary Exemption.

The Primary Production Work Diary Exemption applies to all drivers of Fatigue Regulated Heavy Vehicles regardless of whether you are driving under BFM, AFM or Standard Hours providing you are working within a 160 km radius of the primary production facility that employs you. A primary production facility can be defined as a farm, feed lot, paddock, silo, picking shed or an apiary.

The 100 km exemption applies to drivers working under standard hours within 100 km of their base or less than 12 hours per day. If just one of their trips takes them outside the 100 km radius then a diary must be completed detailing the entire days activities. Of course, for drivers operating under Basic or Advanced Fatigue Management more commonly known as BFM and AFM, this 100 km rule does not apply, you must record you driving hours at all times irrespective of the distance driven from your base depot.

So this all sounds great. You can drive within the defined radius and not have to worry about recording anything. Wrong! Even if you are working under a diary exemption, under Section 319 of the National Heavy Vehicle Law your scheduler or record keeper is still obligated to record and keep the records of your work and rest times. This is to demonstrate you were legally operating under the 160 km Primary Production Exemption or 100 km Exemption, so you must still keep some sort of record. An exemption in keeping the diary is not a free pass to ignore your legislated rest times.

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Michael Eales
4 years ago

Has the government updated the current Gazette notice with either a new expiry date or removed the expiry date?

Michael Eales
4 years ago

In a document on the NHVR web site (https://www.nhvr.gov.au/files/201510-0201-primary-production-work-diary-exemption-fact-sheet.pdf) page two, a question is posed “Does the work diary exemption apply to BFM or AFM?” the reply to this question is “No.”
Which is contrary to that which you have written above. Can you clarify this please?