Road Safety (Drivers) (Driving Hours) Regulations 2001 (Vic)

Road Safety (Drivers) (Driving Hours) Regulations

2001

S.R. No. 5/2001

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Commencement	1
4.	Principal Regulations	1
5.	Definitions	1
6.	Calculation of rest times	4
7.	Offences extended to working	4
8.	New sections 504A to 504D inserted	4

504A.	Certain requests etc. prohibited	4
504B.	Special obligation of consignors	4
504C.	Special obligation of employers	5
504D.	Special obligations—rostering and scheduling	5

9. New regulations 505 and 506 substituted 6

505.	Maximum working time—commercial bus drivers	6
506.	Minimum rest time—commercial bus drivers	7

10.	Consequential amendment	8
11.	New regulations 508 substituted and 508A inserted	8

508.	Maximum working time—heavy truck drivers	8
508A.	Minimum rest time—heavy truck drivers	9

12.	Driving record	10
13.	Driving record given to employer	10
14.	Trips under 100 kilometre radius	10
15.	Limited exemptions—literacy	11
16.	Consequential amendment to the Road Safety (General)
Regulations 1999	11

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ENDNOTES 12

i

STATUTORY RULES 2001

S.R. No. 5/2001

Road Safety Act 1986

Road Safety (Drivers) (Driving Hours) Regulations

2001

The Governor in Council makes the following Regulations:
Dated: 30 January 2001
Responsible Minister:

PETER BATCHELOR Minister for Transport

HELEN DOYE

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to make further provision for hours of driving of commercial buses and heavy trucks.

2. Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3. Commencement

These Regulations come into operation on

1 March 2001.

4. Principal Regulations

In these Regulations, the Road Safety (Drivers)
Regulations 19991 are called the Principal

Regulations.

5. Definitions

Road Safety (Drivers) (Driving Hours) Regulations 2001

S.R. No. 5/2001

In regulation 501 of the Principal Regulations—

(a) insert the following definitions—
' "consignor" means a person who—

(a)	engages someone directly or through an agent or other intermediary, to transport goods by road; and
(b)

has possession of, or control over, transported; and

(c) is not the employer of the driver of a heavy truck or commercial bus that transports the goods;

"core driving hours offence" means—

(a) an offence against—

(i)	regulation 505 (Maximum working time—commercial bus drivers); or
(ii)	regulation 506 (Minimum rest time—commercial bus drivers); or
(iii)	regulation 508 (Maximum working time—heavy truck drivers); or
(iv)	regulation 508A (Minimum rest time—heavy truck drivers);

(b) State or Territory of the
Commonwealth that is

an offence under a law of another referred to in paragraph (a);

"driving record offence" means—

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S.

R. No. 5/2001

(a)	an offence against a regulation in Division 4 of this Part; or
(b)	State or Territory of the Commonwealth that is

an offence under a law of another referred to in paragraph (a);

"excess" means the difference between a

driver's actual and maximum working
times under this Part;

"motorised mobile home" means a motor vehicle that is equipped with cooking, eating and sleeping facilities and is

designed primarily for use as mobile

accommodation;

"responsible employee" means an

employee or agent of an employer who
is responsible for rostering the work
and rest time of drivers employed by
the employer or scheduling the
transport of passengers or goods by
road and, if the employer is a natural

person, includes the employer;

"rest shortfall" means the difference

between a driver's actual rest time and
the driver's required minimum rest time

under this Part;

"speeding offence" means—

(a)	an offence against RR 20 if it involves driving a heavy truck or commercial bus; or
(b)	an offence under a law of another State or Territory of the Commonwealth that is

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S.R. No. 5/2001 r. 6

substantially similar to an offence

referred to in paragraph (a);';

(b)

in paragraphs (a) and (b) of the definition of ", tractor or motorised mobile home".

6. Calculation of rest times

In regulation 502(4) of the Principal Regulations, for "5 hours 30 minutes" substitute "6 hours".

7. Offences extended to working

In regulation 504 of the Principal Regulations, for "another person to drive a commercial bus or heavy truck in Victoria" substitute "a driver to work".

8. New sections 504A to 504D inserted

After regulation 504 of the Principal Regulations, insert—

"504A. Certain requests etc. prohibited

A person must not ask, direct or require, directly or indirectly, a driver to do something if the person knows, or reasonably ought to know, that by so complying the driver would, or would be likely to, commit—

(a) a core driving hours offence; or
(b) a driving record offence; or

(c) a speeding offence.

Penalty: 15 penalty units.

504B. Special obligation of consignors
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r. 8 S.R. No. 5/2001

A consignor must not engage someone to transport goods by road if the consignor knows, or reasonably ought to know, that by complying with an express or implied condition of the engagement the driver of a heavy truck or commercial bus transporting the goods would, or would be likely to, commit—

(a) a core driving hours offence; or
(b) a driving record offence; or

(c) a speeding offence.

Penalty: 15 penalty units.

504C. Special obligation of employers

An employer must not permit a driver
employed by that employer to drive a heavy
truck or commercial bus for the employer if
the employer knows, or reasonably ought to
know, that by driving the vehicle the driver
would, or would be likely to, commit a core
driving hours offence.

Penalty: 15 penalty units.

504D. Special obligations—rostering and

scheduling

(1) An employer or a responsible employee of

an employer must not roster work or rest
time of a driver employed by that employer
if the employer or responsible employee
knows, or reasonably ought to know, that by
complying with the roster the driver would,
or would be likely to, commit a core driving
hours offence.

Penalty: 15 penalty units.

(2) An employer or a responsible employee of

an employer must not schedule the transport

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of passengers or goods by road if the
employer or employee knows, or reasonably
ought to know, that by complying with the
schedule the driver of the heavy truck or
commercial bus transporting the passengers
or goods would, or would be likely to,

commit—

(a) a core driving hours offence; or

(b) a speeding offence.

Penalty: 15 penalty units.".

9. New regulations 505 and 506 substituted

For regulations 505 and 506 of the Principal
Regulations substitute—

'505. Maximum working time—commercial bus

drivers

(1) In this regulation "maximum working

time", in relation to a driver (whether a solo
driver or a two-up driver) of a commercial

bus, is—

(a) for any 5·5 hour period—5 hours; and

(b) for any 24 hour period—14 hours, including not more than 12 hours driving; and

(c) for any 168 hour period—72 hours; and

(d) for any 672 hour period—288 hours.

(2) A driver of a commercial bus commits an

offence if, for any period mentioned in sub- regulation (1) (the "relevant period"), the

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driver's total working time exceeds the
driver's maximum working time for that

period.

Penalty:  If the relevant period is
5·5 hours—10 penalty units.
If the relevant period is 24 hours,
168 hours or 672 hours and the
excess is less than 1 hour—
10 penalty units.
If the relevant period is 24 hours,
168 hours or 672 hours and the
excess is 1 hour or more—
15 penalty units.

506. Minimum rest time—commercial bus
drivers

(1) In this regulation "minimum rest time", in relation to a driver (whether a solo driver or a two-up driver) of a commercial bus, is—

(a)	for any 5·5 hour period—30 minutes, either as one continuous period or as two continuous periods of 15 minutes each; and
(b)	for any 24 hour period—10 hours, including one continuous period of 6 hours; and

(c) for any 168 hour period—96 hours; and

(d) for any 672 hour period—384 hours with a continuous period of 96 hours, or two or more continuous periods each of 24 hours or more totalling 96 hours.

(2) A driver of a commercial bus commits an

offence if, for any period mentioned in sub- regulation (1) (the "relevant period"), the

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S.R. No. 5/2001 r. 10

driver's total rest time is less than the driver's
minimum rest time for that period.

Penalty: If the relevant period is

5·5 hours—10 penalty units.
If the relevant period is 24 hours,
168 hours or 672 hours and the
rest shortfall is less than 1 hour—
10 penalty units.
If the relevant period is 24 hours,
168 hours or 672 hours and the
rest shortfall is 1 hour or more—

15 penalty units.'.

10. Consequential amendment

In regulation 507 of the Principal Regulations for "regulation 506" substitute "regulations 505 and 506".

11. New regulations 508 substituted and 508A inserted For regulation 508 of the Principal Regulations substitute—

'508. Maximum working time—heavy truck

drivers

(1) In this regulation "maximum working

time", in relation to a driver (whether a solo
driver or a two-up driver) of a heavy truck,

is—

(a) for any 5·5 hour period—5 hours; and

(b) for any 24 hour period—14 hours, including not more than 12 hours driving; and

(c) for any 168 hour period—72 hours.

(2) A driver (whether a solo driver or a two-up driver) of a heavy truck commits an offence if, for any period mentioned in sub-

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regulation (1) (the "relevant period"), the
driver's total working time exceeds the
driver's maximum working time for that

period.

Penalty:  If the relevant period is
5·5 hours—10 penalty units.
If the relevant period is 24 hours
or 168 hours and the excess is
less than 1 hour—10 penalty
units.
If the relevant period is 24 hours
or 168 hours and the excess is
1 hour or more—15 penalty
units.

508A. Minimum rest time—heavy truck drivers

(1) In this regulation "minimum rest time", in relation to a driver (whether a solo driver or a two-up driver) of a heavy truck, is—

(a)	for any 5·5 hour period—30 minutes, either as one continuous period or as two continuous periods of 15 minutes each; and
(b)	for any 24 hour period—10 hours, including one continuous period of 6 hours; and
(c)	for any 168 hour period—96 hours, including one continuous period of 24 hours.

(2) A driver (whether a solo driver or a two-up driver) of a heavy truck commits an offence if, for any period mentioned in sub-

regulation (1) (the "relevant period"), the
driver's total rest time is less than the driver's
minimum rest time for that period.

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Penalty:  If the relevant period is
5·5 hours—10 penalty units.
If the relevant period is 24 hours
or 168 hours and the rest shortfall
is less than 1 hour—10 penalty
units.
If the relevant period is 24 hours
or 168 hours and the rest shortfall
is 1 hour or more—15 penalty
units.'.

12. Driving record

(1) In regulation 511(1) of the Principal Regulations,

for paragraph (b) substitute—
'(b) if the log book is within the meaning of

paragraph (a), (b) or (d) of the definition of "log book" in regulation 501, completed in duplicate and in accordance with any
instructions in or accompanying the log
book.'.

(2) In regulation 511(2) of the Principal Regulations

for "page" (where thrice occurring) substitute
"daily sheet".

13. Driving record given to employer

(1) In regulation 513(1) of the Principal Regulations

for "a copy of the daily page" substitute "the
duplicate copy of the daily sheet".

(2) In regulation 513(5)(a) of the Principal

Regulations for "driver base of the bus or truck" substitute "place where the employer manages the employment of the driver".

14. Trips under 100 kilometre radius

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S.R. No. 5/2001

In regulation 519(3)(a) of the Principal Regulations for "employer's main place of business" substitute "place where the employer manages the employment of the driver".

15. Limited exemptions—literacy

In regulation 521 of the Principal Regulations,
after paragraph (b) insert—

"(ba) ensures that the nominated person completes

the records in accordance with any
instructions in or accompanying the log
book; and".

16. Consequential amendment to the Road Safety (General) Regulations 1999

In Schedule 4 to the Road Safety (General)
Regulations 19992 in the item relating to code

2162, after "508" insert ", 508A".

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Road Safety (Drivers) (Driving Hours) Regulations 2001

Endnotes

S. R. No. 5/2001

ENDNOTES

1 Reg. 3: S.R. No. 26/1999. Reprint No. 1 as at 23 March 2000.

2 Reg. 16: S.R. No. 27/1999 as amended by S.R. Nos 54/1999, 120/1999,

88/2000, 96/2000 and 114/2000.