Heavy Vehicles

In reply to Mr TRELOAR (Flinders) (15 November 2016).

The Hon. S.C. MULLIGHAN (Lee—Minister for Transport and Infrastructure, Minister for Housing and Urban Development): I have been provided with the following advice:

1. Consultation on this matter does not lie within the domain of the state government. All consultation was undertaken by the National Heavy Vehicle Regulator (NHVR) in accordance with the Heavy Vehicle National Law.

Primary producers operating fatigue-regulated heavy vehicles within 160 kilometres of their base still have the benefit of a 'logbook' exemption.

In February 2015, the NHVR created a single National Primary Production Work Diary Exemption (Notice) 2015.

Under this notice anyone driving a fatigue-regulated heavy vehicle to transport primary produce between a primary production facility and a point of sale, processing or distribution facility is not required to keep or record information in a National Driver Work Diary (Work Diary).

The exemption covers the return journey and allows drivers to transport other agricultural items (e.g. fertiliser, equipment, etc.) on that journey. The cancellation of the previous South Australian (SA) exemption notices occurred after the national notice was created to remove unnecessary duplication and avoid confusion in industry.

In accordance with the Heavy Vehicle National Law, on 14 December 2015, the NHVR advertised its intention to cancel the SA exemption notices in The Australian newspaper. This advertisement invited submissions on why industry believed the notices should not be cancelled.

There were no submissions made to the NHVR to retain the SA exemption notices in response to the advertisement.

2. Specific consultation with the South Australian Agricultural Bureau (SAAB) occurred in early February 2016.

A representative from the SAAB assisted the NHVR in drafting text for an NHVR Industry Update which advised industry of the upcoming cancellations. This was published on the NHVR website on 23 February 2016 and was also circulated to members of the NHVR's stakeholder list.

The NHVR also discussed the cancellation of the notices with the South Australian Road Transport Association and with the South Australian Apiarists' Association (SAAA) and sought their input into the public notification. In the case of the SAAA, the NHVR provided additional materials to be circulated to SAAA members.

Since the revocation of the exemption notices, the NHVR has been in regular contact with Primary Producers South Australia, Grain Producers South Australia and the Apple and Pear Growers Association of South Australia.

Working directly with these organisations, the NHVR has created and published a template to assist members record local area work when working under the National Primary Production Work Diary Exemption (Notice) 2015 (No. 2). In addition, and in collaboration with the Primary Industries and Regions SA, the NHVR has developed a specific fact sheet on primary production work diary requirements.