New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 274

274 Application for work and rest hours exemption (permit)

(1) Any of the following persons may apply to the Regulator for a work and rest hours exemption (permit)--

(a) an employer of a driver of a fatigue-regulated heavy vehicle;

(b) a prime contractor for a driver of a fatigue-regulated heavy vehicle;

(c) an operator of a fatigue-regulated heavy vehicle;

(d) a self-employed driver of a fatigue-regulated heavy vehicle.

(2) The application must--

(a) be in the approved form; and

(b) state the following--

(i) the period for which the exemption is sought;

(ii) any conditions to which the exemption is sought to be subject;

(iii) the name of the driver of a fatigue-regulated heavy vehicle to whom the exemption is sought to apply, or details of the class of drivers of fatigue-regulated heavy vehicles to whom the exemption is sought to apply;

(iv) the proposed maximum work times and minimum rest times that would be followed by drivers operating under the exemption;

(v) if the proposed maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours--

(A) the driver fatigue management practices that would be followed by the applicant and drivers operating under the exemption; and

(B) how the practices would safely manage fatigue risks; and

(C) how the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; 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.