Justices Act 1902 Justices (Short Description of Motor Traffic and Other Offences) Amendment (Driving Hours) Regulation 1998 (1998-648) [GG No 168 of 30.11.1998, p 9237] (NSW)

1998 No 648

New South Wales

Justices (Short Description of Motor

Traffic and Other Offences)
Amendment (Driving Hours)

Regulation 1998

under the

Justices Act 1902

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Justices Act 1902.

CARL SCULLY, M.P.

for Attorney General

The object of this Regulation is to create short descriptions for offences under new provisions to be inserted in the Motor Traffic Regulations 1935 with respect to maximum driving and work time and minimum rest periods for drivers of heavy trucks and commercial buses (coaches).

This Regulation is made under the Justices Act 1902, including sections 145B (Short description of certain offences) and 154 (the general regulation-making power).

Published in Gazette No 168 of 30 November 1998, page 9237 Page 1

Clause 1	Justices (Short Description of Motor Traffic and Other Offences) Amendment (Driving Hours) Regulation 1998
1 Name of Regulation

This Regulation is the Justices (Short Description of Motor Traffic and Other Offences) Amendment (Driving Hours) Regulation 1998.

2 Commencement

This Regulation commences on 30 November 1998.

3 Amendment of Justices (Short Description of otor Traffic and

Other Offences) Regulation 1986

The Justices (Short Description of Motor Traffic and Other Offences) Regulation 1986 is amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

Justices (Short Description of Motor Traffic and Other Offences) Amendment (Driving Hours) Regulation 1998

Amendments Schedule 1

ts

(Clause 3)

Omit the matter relating to Regulations 126A-126H of the Motor
Traffic Regulations 1935.

[2]        Schedule 1

Insert at the end of the matter relating to the Motor Traffic
Regulations 1935:

Clause 19 (1) (a), (3) of Schedule  drive more than 5 hrs (heavy truck)

O—driver of heavy truck exceed
driver's maximum driving time for
5.5 hour period

Clause 19 (1) (b), (3) of Schedule	drive more than 12 hrs in 24 hrs
O—driver of heavy truck exceed	(heavy truck)

driver's maximum driving time for
24 hour period

Clause 19 (1) (c). (3) of Schedule  drive more than 72 hrs in 7 days

O—driver of heavy truck exceed  (heavy t ruck)

driver's maximum driving time for 

7 day period 

Clause 19 (2) (a). (3) of Schedule  drive more than 5 hrs (coach)

O—driver of commercial bus
exceed driver's maximum driving
time for 5.5 hour period

Clause 19 ( 2 ) (b), (3) of Schedule	drive more than 12 hrs i n 24 hrs
O—driver of commercial bus	(coach)

(except under a two-up driving
arrangement) exceed driver’s
maximum driving time for 24 hour
period

Clause 19 (2) (c), (3) of Schedule	drive more than 11 hrs in 24 hrs
O—driver of commercial bus under	(two-up coach)

a two-up driving arrangement
exceed driver's maximum driving
time for 24 hour period

Justices (Short Description of Motor Traffic and Other Offences) Amendment (Driving Hours) Regulation 1998

Schedule 1 Amendments

Clause 19 (2) (d), (3) of Schedule	drive more than 72 hrs in 7 days
O—driver of commercial bus	(coach)
(except under a two-up driving arrangement) exceed driver's maximum driving time for 168 hour (7 day) period
Clause 19 ( 3 ) (e), (3) of Schedule	drive more than 66 hrs in 7 days
O—driver of commercial bus under	(two-up coach)
a two-up driving arrangement exceed driver's maximum driving time for 168 hour (7 day) period
Clause 20 (1) (a), (3) of Schedule	work more than 5 hrs (heavy truck)
O—driver of heavy truck exceed driver's maximum work time for 5.5 hour period
Clause 20 (1) (b), (3) of Schedule	work more than 14 hrs in 24 hrs

0-driver of heavy truck exceed (heavy truck)

driver's maximum work time for 24

hour period

Clause 20 (1) (c), (3) of Schedule	work more than 72 hrs in 7 days
O—driver of heavy truck exceed	(heavy truck)
driver's maximum work time for 168 hour (7 day) period
Clause 20 (2) (a). (3) of Schedule	work more than 5 hrs (coach)
0-driver of commercial bus exceed driver's maximum work time for 5.5 hour period
Clause 20 (2) (b), ( 3 ) of Schedule	work more than 12 hrs in 23 hours

0-driver of commercial bus (coach)

(except under a two-up driving
arrangement) exceed driver's
maximum work time for 24 hour

period

Clause 20 (2) (c), (3) of Schedule

0-driver	of commercial bus under
a two-up driving arrangement exceed driver's maximum work time for 24 hour period

Justices (Short Description of Motor Traffic and Other Offences) Amendment (Driving Hours) Regulation 1998

Amendments Schedule 1

Clause 20 (2) (d), (3) of Schedule	work more than 72 hrs in 7 days
O—driver of commercial bus	(coach)
(except under a two-up driving arrangement) exceed driver's maximum work time for 168 hour (7 day) period
Clause 20 (2) (e), (3) of Schedule	work more than 66 hrs in 7 days
O—driver of commercial bus under	(two-up coach)
a two-up driving arrangement exceed driver's maximum work time for 168 hour (7 day) period
Clause 21 (1) (a), (3) of Schedule	drive without 30 mins rest in 5.5
O—driver of heavy truck whose	hrs (heavy truck)
rest time does not comply with required minimum rest time for 5.5 hour period
Clause 21 (1) (b), (3) of Schedule	drive without 10 hrs rest in 24 hrs
O—driver of heavy truck whose	(heavy truck)
rest time does not comply with required minimum rest time for 24 hour period
Clause 21 (1) (c). (3) of Schedule	drive without 96 hrs rest in 7 days
O—driver of heavy truck whose	(heavy truck)
rest time does not comply with required minimum rest time for 168 hour (7 day) period
Clause 21 (2) (a). (4), (5) of	drive without 30 mins rest in 5.5
Schedule O—driver of commercial	hrs (coach)
bus whose rest time does not comply with required minimum rest time for 5.5 hour period
Clause 21 (2) (b), (4) of Schedule	drive without 12 hrs rest in 24 hrs
O—driver of commercial bus	(coach)
(except under a two-up driving arrangement) whose rest time does not comply with required minimum rest time for 24 hour period

Clause 21 ( 2 ) (c), (5 ) of Schedule drive without 13 hrs rest i n 24 hrs

O—driver of commercial bus under	(two-up coach)
a two-up driving arrangement whose rest time does not comply with required minimum rest time for 24 hour period

Justices (Short Description of Motor Traffic and Other Offences) Amendment (Driving Hours) Regulation 1998

Schedule 1 Amendments

Clause 21 (2) (d), (5) of Schedule	drive without 13 hours rest in 53
O—driver of commercial bus under	hrs (two-up coach)
a two-up driving arrangement whose rest time does not comply with required minimum rest time for 53 hour period
Clause 21 (2) (e), (5) of Schedule	drive without 102 hrs rest in 7 days

0-driver of commercial bus under (two-up coach)

a two-up driving arrangement whose
rest time does not comply with
required minimum rest time for 168

hour (7 day) period

Clause 21 (2) (f), (4). (5) of	drive without 384 hrs rest in 28
Schedule O—driver of commercial	days (coach)
bus whose rest time does not comply with required minimum rest time for 672 hour (28 day) period
Clause 28 (1) (a), (3) of Schedule	drive more than 5 hrs (heavy truck
O—driver of heavy truck (TFMS)	TFMS)
exceed driver's maximum driving time for 5.5 hour period
Clause 28 (1) (b), (3) of Schedule	drive more than 14 hrs in 24 hrs
0—driver of heavy truck (TFMS)	(heavy truck TFMS)
exceed driver's maximum driving time for 24 hour period
Clause 28 (1) (b), (2). (3 ) of	drive more than 12 hrs in 24 hrs
Schedule 0-two-up driver of	(heavy truck TFMS two-up)
heavy truck (TFMS) exceed driver's maximum driving time for 24 hour period
Clause 28 (1) (c), (3 ) of Schedule	drive more than 144 hrs in 14 days
O—driver of heavy truck (TFMS)	(heavy truck TFMS)
exceed driver's maximum driving time for 336 hour (14 day) period
Clause 29 (1) (a), (2) of Schedule	work more than 5 hrs (heavy truck

0-driver of heavy truck (TFMS) TFMS)

exceed driver's maximum work time

for 5.5 hour period

Clause 29 (1) (b), (2) of Schedule work more than 14 hrs in 23 hrs

0-driver of heavy truck (TFMS) (heavy truck TFMS)

exceed driver's maximum work time
for 24 hour period

Justices (Short Description of Motor Traffic and Other Offences) Amendment (Driving Hours) Regulation 1998

Amendments Schedule 1

Clause 29 (1) (c), (2) of Schedule	work more than 144 hrs in 14 days
O—driver of heavy truck (TFMS)	(heavy truck TFMS)
exceed driver’s maximum work time for 336 hour (14 day) period
Clause 30 (1) (a), (3) of Schedule	drive without 30 mins rest in 5.5
O—driver of heavy truck (TFMS)	hrs (heavy truck TFMS)
whose rest time does not comply with required minimum rest time for 5.5 hour period
Clause 30 (1) (b), (3) of Schedule	drive without 10 hrs rest in 24 hrs
O—driver of heavy truck (TFMS)	(heavy truck TFMS)
whose rest time does not comply with required minimum rest time for 24 hour period
Clause 30 (1) (c), (3) of Schedule	drive without 192 hrs rest in 14
O—driver of heavy truck (TFMS)	days (heavy truck TFMS)
whose rest time does not comply with required minimum rest time for 336 hour (14 day) period
Clause 34 (1 ) of Schedule 0 —	fail to record employment details in
driver becoming employed to drive	DCM
heavy truck failing to record particulars of employment in driver certification manual
Clause 34 (1) of Schedule 0 —	fail to record ceasing employment
driver ceasing to be employed to	details in DCM
drive heavy truck failing to record particulars of ceasing employment in driver certification manual
Clause 35 (4) of Schedule 0 —	fail to comply with cl 35 notice—
driver failing to comply with notice	medical examination
under clause 35 (1) (medical examination)
Clause 36 (4) of Schedule 0 —	fail to comply with cl 36 notice—
driver failing to comply with notice	fatigue management course
under clause 36 (1) (fatigue management training course)
Clause 37 (1) of Schedule 0 —	fail to report DCM destroyed, lost
driver failing to tell Authority that	or stolen
driver certification manual destroyed, lost or stolen

Clause 37 (2) of Schedule 0 —	fail to return recovered DCM
driver failing to give Authority earlier driver certification manual found or returned after replacement manual issued
Clause 40 (4) of Schedule 0 —	fail to comply with cl 40 notice-
employer failing to comply with	employee courses
notice under clause 40 (1) (attendance of employees at approved fatigue management training course)
Clause 48 ( I) of Schedule 0 —	not have logbook
driver engaging in non-local area work without logbook
Clause 48 (2) of Schedule 0 —	not carry logbook
driver not carrying logbook while engaged in non-local area work
Clause 49 ( 2 ) of Schedule 0 —	fail to record particulars before
driver failing to record particulars in	driving or working
logbook before driving or working
Clause 49 ( 3 ) of Schedule 0 —	fail to record particulars of vehicle
driver failing to record in logbook	driven
registration number of heavy truck or commercial bus driven
Clause 49 (4) of Schedule O—	fail to record particulars of change
driver failing to record in logbook	of activity
particulars of change of activity
Clause 50 (2) of Schedule O—	fail to record information-
driver failing to record required	beginning non-local area work
information in logbook before beginning non-local area work
Clause 5 I (2) of Schedule O—	fail to continue to record
driver failing to continue to record	information—end non-local area
required information in logbook	work
after ceasing to engage in non-local area work
Clause 52 ( a ) of Schedule O—	fail to record logbook information
driver failing to write information	on separate sheet
for each day on a separate sheet in logbook

Justices (Short Description of Motor Traffic and Other Offences) Amendment (Driving Hours) Regulation 1998

Amendments Schedule 1

Clause 52 (b) of Schedule O —	fail to record logbook information
driver failing to write information	as per instructions
on daily sheet in accordance with instructions
Clause 52 (c) of Schedule O—	fail to use logbook sheets in
driver failing to use sheets in	sequence
logbook in turn from front
Clause 52 (d) of Schedule O —	fail to sign/date logbook sheet
driver failing to sign and date each daily sheet in logbook
Clause 52 (e) of Schedule O —	fail to write with sufficient pressure
driver failing to write in logbook	in logbook
with sufficient pressure to ensure readable record on duplicate
Clause 52 (f) of Schedule O—driver	fail to record other logbook
failing to write other information in	information as per instructions
logbook in accordance with instructions
Clause 54 (3) of Schedule O—	fail to make supplementary record
driver failing to record	correctly
supplementary information in a way that is at least as accurate and understandable, and in similar form to, logbook
Clause 56 (1) of Schedule O—	employer fail to record
employer of employed driver	information-local area work
engaged in local area work failing to record required information
Clause 57 (I) of Schedule O—	self-employed local area driver fail
self-employed driver engaged in	to record information
local area work failing to record required information
Clause 58 (1) of Schedule O—	driver not carry driving records for
driver failing to carry driving	last 28 days
records for last 28 days
Clause 58 (3) of Schedule O —	driver not produce driving records
driver fail to produce driving	for last 28 days
records for last 28 days
Clause 60 of Schedule O—	driver not give copy of driving
employed driver failing to give	records to employer
copy of driving records to employer

Justices (Short Description of Motor Traffic and Other Offences) Amendment (Driving Hours) Regulation 1998

Schedule 1 Amendments

Clause 61 (1) of Schedule O—	employer not keep employee driving
employer fail to keep copy of	records for 12 months
driver's driving records of non-local area work for at least 12 months
Clause 61 (1) of Schedule O—	employer not keep employee driving
employer fail to keep copy of	records at required place
driver's driving records of non-local area work at place where employer manages employment of driver
Clause 61 (2) of Schedule O—	self-employed driver not keep
self-employed driver failing to keep	driving records for 12 months
driving records of non-local area work for at least 12 months
Clause 61 ( 2 ) of Schedule O—	self-employed driver not keep
self-employed driver failing to keep	driving records at required place
driving records of non-local area work at the driver's base
Clause 62 (1) of Schedule O—	employer not keep local area
employer fail to keep local area	records for 12 months
management records for at least 12 months
Clause 62 (1) of Schedule O—	employer not keep local area
employer fail to keep local area	records at required place
management records at place where employer managed employment of driver
Clause 63 (2) of Schedule O—	self-employed driver not keep local
self-employed driver failing to keep	area records for 12 months
local area management records for at least 1 2 months
Clause 62 (2) of Schedule O—	self-employed driver not keep local
self-employed driver failing to keep	records at required place
local area management records at the driver’s base
Clause 63 (3) of Schedule 0-fail	fail to comply with notice to
to comply with notice to produce	produce driving records
driving records to Authority
Clause 63 (1) of Schedule O—	fail to report logbook destroyed.
driver failing to tell Authority that	lost or stolen
logbook destroyed. lost or stolen

Justices (Short Description of Motor Traffic and Other Offences) Amendment (Driving Hours) Regulation 1998

Amendments Schedule 1

Clause 64 (2) (a) of Schedule O —	driver fail to cancel unused sheets
driver failing to cancel unused daily	in recovered log book
sheets in earlier logbook that is found or returned
Clause 64 (2) (b) of Schedule O—	driver fail to give recovered
driver failing to give earlier logbook	logbook to Authority
to Authority when it is found or
returned
Clause 65 of Schedule O—driver	driver possessing more than one
having more than one logbook in	logbook
possession
Clause 66 (1) of Schedule O—	driver possessing false driving
driver having in possession	record/DCM
something purporting to be a driving record or driver certification manual
Clause 67 of Schedule O—	driver fail to report faulty DSMD
employed driver failing to tell employer that approved DSMD not operating as required by manufacturer's specifications
Clause 69 (a) of Schedule O—	make false/misleading entry in
making a false or misleading entry	driving record
in a driving record
Clause 69 (b) of Schedule O—	deface/change driving record
defacing or changing a correct entry in a driving record
Clause 70 of Schedule 0-person	falsely represent driving record
falsely representing that driving record or entry in driving record made by the person
Clause 71 (1) of Schedule O—	make entry in another person's
making an entry in someone else's	driving record
driving record
Clause 72 of Schedule O—	destroy driving record
destroying driving record before end of period for which it is required to be kept
Clause 73 of Schedule O—	interfere with DSMD
interfering with operation of approved DSMD

Justices (Short Description of Motor Traffic and Other Offences) Amendment (Driving Hours) Regulation 1998

Schedule 1 Amendments

Clause 75 (a) of Schedule O —	ask/direct/require core driving hours
asking, directing or requiring a	offence
driver to commit a core driving hours offence
Clause 75 (b) of Schedule O —	ask/direct/require driving record
asking, directing or requiring a	offence
driver to commit a driving record offence
Clause 75 (c) of Schedule O —	ask/direct/require speeding offence
asking, directing or requiring a driver to commit a speeding offence
Clause 76 (a) of Schedule O —	consignor encouraging driving hours
consignor engaging a person to	offence
transport goods or persons by road under condition whereby driver would or would be likely to commit a core driving hours offence
Clause 76 (b) of Schedule O —	consignor encouraging driving
consignor engaging a person to	record offence
transport goods or persons by road under condition whereby driver would or would be likely to commit a driving record offence
Clause 76 (c) of Schedule O —	consignor encouraging speeding
consignor engaging a person to	offence
transport goods or persons by road under condition whereby driver would or would be likely to commit a speeding offence
Clause 77 of Schedule O—employer	allow driver to commit driving
allowing driver to drive if driver	hours offence
would commit or would be likely
to commit a core driving hours
offence
Clause 78 (1) of Schedule O —	employer/responsible employee
employer or responsible employee	roster causing driving hours offence
rostering driving. work or rest times resulting in employed driver committing or being likely to commit a core driving hours offence

Justices (Short Description of Motor Traffic and Other Offences) Amendment (Driving Hours) Regulation 1998

Amendments Schedule 1

Clause 78 (2) of Schedule O—	employer/responsible employee
employer or responsible employee	schedule causing offence
scheduling transport of goods or persons resulting in employed driver committing or being likely to commit a core driving hours offence or speeding offence
Clause 93 (2) of Schedule O—	fail to return DCM on cancellation
driver participant in TFMS failing	of TFMS
to comply with notice to return driver certification manual to Authority
Clause 95 (1) of Schedule O—	fail to arrange TFMS review
participant in TFMS failing to arrange review of participation in TFMS
Clause 96 (1) of Schedule O—	fail to keep report of TFMS review
participant in TFMS failing to keep	for 2 years
report of review for 2 years
Clause 96 (4) of Schedule O—fail	fail to give copy of TFMS report to
to comply with notice to give copy	Authority
of report of TFMS review to Authority
Clause 97 (4) of Schedule O—fail	fail to give records to Authority-
to comply with notice to give	TFMS audit
records to Authority for management practices audit
Clause 119 (2) of Schedule O—fail	fail to return varied or cancelled
to comply with notice to return	exemption
varied or cancelled exemption to
Authority
Clause 125 of Schedule O—	contravene condition of exemption
contravene condition of exemption
Clause 134 (2) of Schedule O—fail	fail to answer question about work
to answer question about work	engaged in
engaged in by driver
Clause 135 of Schedule 0—making	providing false/misleading
A statement or furnishing	information/statement to Authority
information to the Authority or an	authorised person
authorised person that is false or misleading

1998 No 648

Justices (Short Description of Motor Traffic and Other Offences) Amendment (Driving Hours) Regulation 1998

Schedule 1 Amendments

Clause 136 (3) of Schedule O—	fail t o help authorised person
failing to comply with requirement to give reasonable help to authorised person
Clause 137 (2) of Schedule O—	fail to comply with direction not to
failing to comply with direction not	drive
to drive