Road Safety (General) Amendment (Fatigue Management) Regulations 2008 (Vic)

Road Safety (General) Amendment (Fatigue Management) Regulations 2008

S.R. No. 115/2008

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Amendments to Schedule 4

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 115/2008

Road Safety Act 1986

Road Safety (General) Amendment (Fatigue Management) Regulations 2008

The Governor in Council makes the following Regulations:

Dated: 23 September 2008

Responsible Minister:

TIM PALLAS
Minister for Roads and Ports

ZOE WONG

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to prescribe as infringements for the purposes of Part 7 of the Road Safety Act 1986 certain offences that involve breaches of fatigue management requirements that apply to heavy vehicles.

2Authorising provision

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

3Commencement

These Regulations come into operation on 29 September 2008.

4Amendments to Schedule 4

(1)In Schedule 4 to the Road Safety (General) Regulations 1999[1], after the item relating to the code number 2180, omit "Commercial Vehicles".

(2)In Schedule 4 to the Road Safety (General) Regulations 1999, the items relating to the code numbers 2162, 2163 and 2165 are revoked.

(3)In Schedule 4 to the Road Safety (General) Regulations 1999, after the item relating to code 2172, insert—

"Fatigue Management

7301	Solo driver not working under accreditation who contravenes maximum work requirement—minor risk offence	RSA 191L(2)(a) and (4)	3 penalty units
7302	Solo driver not working under accreditation who contravenes maximum work requirement—substantial risk offence	RSA 191L(2)(a) and (4)	6 penalty units
7303	Solo driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period of 11 hours or less—minor risk offence	RSA 191L(2)(b) and (4)	2 penalty units

7304	Solo driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period greater than 11 hours—minor risk offence	RSA 191L(2)(b) and (4)	3 penalty units
7305	Solo driver not working under accreditation who contravenes minimum rest requirement—substantial risk offence	RSA 191L(2)(b) and (4)	6 penalty units
7306	Solo driver of a bus not working under accreditation who contravenes maximum work requirement—minor risk offence	RSA 191M(2)(a) and (4)	3 penalty units
7307	Solo driver of a bus not working under accreditation who contravenes maximum work requirement—substantial risk offence	RSA 191M(2)(a) and (4)	6 penalty units
7308	Solo driver of a bus not working under accreditation who contravenes minimum rest requirement required to be taken in any period of 11 hours or less—minor risk offence	RSA 191M(2)(b) and (4)	2 penalty units

7309	Solo driver of a bus not working under accreditation who contravenes minimum rest requirement required to be taken in any period greater than 11 hours—minor risk offence	RSA 191M(2)(b) and (4)	3 penalty units
7310	Solo driver of a bus not working under accreditation who contravenes minimum rest requirement—substantial risk offence	RSA 191M(2)(b) and (4)	6 penalty units
7311	Two-up driver not working under accreditation who contravenes maximum work requirement—minor risk offence	RSA 191N(2)(a) and (4)	3 penalty units
7312	Two-up driver not working under accreditation who contravenes maximum work requirement—substantial risk offence	RSA 191N(2)(a) and (4)	6 penalty units
7313	Two-up driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period of 11 hours or less—minor risk offence	RSA 191N(2)(b) and (4)	2 penalty units

7314	Two-up driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period greater than 11 hours—minor risk offence	RSA 191N(2)(b) and (4)	3 penalty units
7315	Two-up driver not working under accreditation who contravenes minimum rest requirement—substantial risk offence	RSA 191N(2)(b) and (4)	6 penalty units
7316	Solo driver working under BFM accreditation who contravenes maximum work requirement—minor risk offence	RSA 191O(2)(a) and (4)	3 penalty units
7317	Solo driver working under BFM accreditation who contravenes maximum work requirement—substantial risk offence	RSA 191O(2)(a) and (4)	6 penalty units
7318	Solo driver working under BFM accreditation who contravenes minimum rest requirement required to be taken in any period of 12 hours or less—minor risk offence	RSA 191O(2)(b) and (4)	2 penalty units

7319	Solo driver working under BFM accreditation who contravenes minimum rest requirement required to be taken in any period greater than 12 hours—minor risk offence	RSA 191O(2)(b) and (4)	3 penalty units
7320	Solo driver working under BFM accreditation who contravenes minimum rest requirement—substantial risk offence	RSA 191O(2)(b) and (4)	6 penalty units
7321	Two-up driver working under BFM accreditation who contravenes maximum work requirement—minor risk offence	RSA 191P(2)(a) and (4)	3 penalty units
7322	Two-up driver working under BFM accreditation who contravenes maximum work requirement—substantial risk offence	RSA 191P(2)(a) and (4)	6 penalty units
7323	Two-up driver working under BFM accreditation who contravenes minimum rest requirement—minor risk offence	RSA 191P(2)(b) and (4)	3 penalty units

7324	Two-up driver working under BFM accreditation who contravenes minimum rest requirement—substantial risk offence	RSA 191P(2)(b) and (4)	6 penalty units
7331	Fail to comply with requirements for changing from one work/rest hours option to a different work/rest hours option	RSA 191R(3)	6 penalty units
7332	Fail to record information in work diary immediately after starting work on relevant day	RSA 191T(2)	6 penalty units
7333	Fail to record information in work diary immediately before or after work/rest change on relevant day	RSA 191T(3)	6 penalty units
7334	Fail to record total work time and total rest time immediately before finishing work on relevant day	RSA 191T(4)	6 penalty units
7336	Fail to comply with requirements for how to record information in a written work diary	RSA 191U(1)	6 penalty units
7337	Fail to comply with requirements for how to record information in an electronic work diary	RSA 191U(2)	6 penalty units

7338	Fail to record in work diary time in time zone of driver base of vehicle	RSA 191U(3)	6 penalty units
7340	Fail to comply with requirements when lost or stolen written work diary is found or returned after replacement work diary has been issued	RSA 191V(3)	8 penalty units
7341	Fail to notify record keeper of malfunctioning electronic work diary	RSA 191V(4)	8 penalty units
7342	Fail to inform relevant persons of malfunctioning odometer	RSA 191W(3)	8 penalty units
7343	Fail to give copy of driver’s diary entries to record keeper	RSA 191Y(7)	6 penalty units
7344	Fail to give copy of information recorded in work diary upon changing record keepers	RSA 191Y(9)	6 penalty units
7346	Fail to advise of change or end of BFM accreditation, in the case of a corporation	RSA 191ZO	30 penalty units
7347	Fail to advise of change or end of BFM accreditation, in any other case	RSA 191ZO	6 penalty units

7355	Fail to advise of change or end of AFM accreditation, in the case of a corporation	RSA 191ZY	30 penalty units
7356	Fail to advise of change or end of AFM accreditation, in any other case	RSA 191ZY	6 penalty units".

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ENDNOTES

[1] Reg. 4: S.R. No. 27/1999.  Reprint No. 4 as at 1 July 2008.  Reprinted to S.R. No. 79/2008.  Subsequently amended by S.R. No. 104/2008.