Road Safety (Procedures) (Driving Hours) Regulations 1996 (Vic)

Road Safety (Procedures) (Driving Hours)

Regulations 1996

S.R. No. 17/1996

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Principal Regulations	1
4.	Substitution of Part 6	1
PART 6—DRIVING HOURS AND RECORDS	2
Division 1—General	2
601. Definitions	2
602. Calculation of time	4
603. Sleeping berths	5
604. Other offences	6
Division 2—Commercial Buses	6
605. Driving hours—solo drivers	6
606. Driving hours—two-up drivers	7
607. Person who is two-up driver then solo driver during a week	8
Division 3—Commercial Trucks	9
608. Driving hours	9
Division 4—Driving records	9
609. Application of Division	9
610. Obligation to make and carry driving record	10
611. Form of driving record	11
612. Obtaining a log book	11
613. Driver must give driving record to employer	13
614. Defacing, destroying or altering a log book	14
615. Making a false statement	14
616. Misusing a log book	14
617. Unlawful interference with an automatic recording device	15
618. Lost, stolen or destroyed log book	15
619. Trips under 100 kilometres radius—employer's obligation	16
620. Obligations of interstate drivers	17
Division 5—Miscellaneous	17

i

Regulation Page

621. Evidence	17
622. Exemption—fatigue management programs	18

5.	Amendment of Schedule 1	18
6.	Amendment of Schedule 6	18

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NOTES 20

ii

STATUTORY RULES 1996

S.R. No. 17/1996

Road Safety Act 1986

Road Safety (Procedures) (Driving Hours)

Regulations 1996

The Governor in Council makes the following Regulations:
Dated: 27 February 1996

Responsible Minister:

W. R. BAXTER

Minister for Roads and Ports

KATHY WILSON

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to adopt a regime for the management of fatigue amongst drivers of commercial buses and commercial

trucks.

2. Authorising provision

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

3. Principal Regulations

In these Regulations, the 1Road Safety
(Procedures) Regulations 1988 are called the

Principal Regulations.

4. Substitution of Part 6

For Part 6 of the Principal Regulations substitute—

Road Safety (Procedures) (Driving Hours) Regulations 1996

r. 4 r. 4

S.R. No. 17/1996

'PART 6—DRIVING HOURS AND RECORDS

Division 1—General

601. Definitions
In this Part—
"automatic recording device" means a

device approved by the Corporation that accurately records information required to be recorded by Division 4

and that may be conveniently accessed;

"commercial bus" means a bus that is used,

or is intended to be used, to carry
passengers for reward or in the course

of a business;

"commercial truck" means—

(a)	a motor vehicle (other than a bus or tractor) which exceeds 4.5 tonnes maximum loaded mass that is built mainly to carry goods and that is used, or is intended to be used, to carry goods for reward or in the course of a business; or
(b)	a combination of a motor vehicle (other than a bus or tractor) and one or more trailers, being a combination that includes a vehicle which exceeds 4.5 tonnes maximum loaded mass that is built mainly to carry goods and that is used, or is intended to be used, to carry goods for reward or in the course of a business;

"driving record" means a record required by regulation 610 to be made;

Road Safety (Procedures) (Driving Hours) Regulations 1996
S.R. No. 17/1996

"employer" includes a self-employed solo

driver and a self-employed two-up
driver;

"log book" means—

(a)	a log book in the form approved by the Corporation; or
(b)

a log book issued under a State or Territory; or

(c)	a record made by an automatic recording device; or
(d)	in respect of a commercial bus, a log book or record of a kind referred to in paragraph (a), (b) or (c) or a form approved by the Corporation which—

(i)  has been issued by the employer of the driver; and

(ii)

provides for the insertion of recorded by Division 4;

"maximum loaded mass", in respect of a vehicle, means—

(a)

the maximum loaded mass of the manufacturer; or

(b) if—

(i)	the manufacturer has not specified a maximum loaded mass for the vehicle; or
(ii)	the manufacturer cannot be identified; or

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S.R. No. 17/1996 r. 4

(iii) the vehicle has been
modified to the extent that
the manufacturer's
specification is no longer
appropriate—

the gross vehicle mass of the

vehicle;

"non-driving time" means time during

which a person is not engaged in—

(a)	driving a commercial bus or commercial truck; or
(b)	any activity referred to in regulation 602(1);

"rest period" means continuous time

spent—

(a)	in a sleeping berth on a commercial truck; or
(b)

away from activities associated load carried by it;

"solo driver" means a driver of a

commercial bus or commercial truck who is not accompanied by a two-up driver;

"two-up driver" means a person who—

(a)	shares with another person the driving of a commercial bus or commercial truck; and
(b)	commercial bus or commercial

travels as a passenger on the driving the bus or truck.

602. Calculation of time

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r. 4 S.R. No. 17/1996

(1) The following time must be included when

calculating the time a person has spent
driving a commercial bus or commercial
truck—

(a)	time during which the person is a solo driver or two-up driver (including periods as a passenger) of any commercial bus or commercial truck in Victoria or in another State or Territory; and
(b)

time during which the person has truck on private property; and

(c) time spent sitting in the driver's seat of a commercial bus or commercial truck with the engine running, even if the

vehicle is stationary; and

(d) time spent in a commercial bus or commercial truck instructing a learner driver.

(2) When calculating a period of driving, if the

commercial bus or commercial truck is
owned by a primary producer and is used on
private property in connection with the
business of the primary producer as such, a
person is not taken to be driving the bus or
truck for the purposes of sub-regulation
(1)(b).

603. Sleeping berths

(1) A two-up driver must not drive a commercial bus which does not have a sleeping berth that complies with the Sleeping Berth Standards

for Commercial Buses formulated by the
National Road Transport Commission and

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S.R. No. 17/1996 r. 4

approved from time to time by the
Ministerial Council for Road Transport.

Penalty: 5 penalty units.

(2) A two-up driver must not drive a commercial

truck which does not have a sleeping berth that complies with Australian Design Rule 42.15 of the Australian Design Rules for
Motor Vehicles and Trailers as issued by the
Federal Department of Transport from time
to time.

Penalty: 5 penalty units.

604. Other offences
A person must not cause, permit or employ
another person to drive a commercial bus or
commercial truck in Victoria, other than in
accordance with this Part.
Penalty: 8 penalty units.

Division 2—Commercial Buses

605. Driving hours—solo drivers

(1) During a period referred to in Column 1 of Table 1, a solo driver of a commercial bus—

(a)	must not drive for more than the period referred to in the corresponding entry in Column 2; and
(b)	must have non-driving time of not less than the period referred to in the corresponding entry in Column 3; and
(c)	must comply with each of the requirements in Table 1.

Penalty: 5 penalty units.
Road Safety (Procedures) (Driving Hours) Regulations 1996

r. 4 S.R. No. 17/1996

Table 1

Column 1	Column 2	Column 3
Period	Maximum driving time	Minimum non-driving time
5 hours and	5 hours	30 minutes, either as one period or
30 minutes	as two periods of 15 minutes each
24 hours	12 hours	12 hours including one period of 8 hours
168 hours	72 hours	96 hours
(1 week)

(2) In any period of 672 hours (4 weeks), a solo

driver of a commercial bus must spend not
less than the following time away from
activities associated with any commercial
bus or any load carried by it—

(a) a period of 96 hours; or

(b) two or more periods, each of 24 hours or more, totalling 96 hours.

Penalty: 5 penalty units.

606. Driving hours—two-up drivers

(1) During a period referred to in Column 1 of

Table 2, a two-up driver of a commercial bus—

(a)	must not drive for more than the period referred to in the corresponding entry in Column 2; and
(b)	must have non-driving time of not less than the period referred to in the corresponding entry in Column 3; and
(c)	must comply with each of the requirements in Table 2.

Penalty: 5 penalty units.
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S.R. No. 17/1996 r. 4

Table 2

Column 1	Column 2	Column 3
Period	Maximum driving time	Minimum non-driving time
5 hours and	5 hours	30 minutes, either as one period or
30 minutes	as two periods of 15 minutes each
24 hours	11 hours	13 hours including one period of 5 hours and 30 minutes
168 hours	66 hours	102 hours
(1 week)

(2) A two-up driver of a commercial bus must

spend not less than the following time away
from any activities associated with any
commercial bus and any load carried by it—

(a)	in respect of a period of 53 hours, a period of 13 hours or two or more periods totalling 13 hours; or
(b)	in respect of a period of 672 hours (4 weeks)—

(i) a period of 96 hours; or

(ii)  two or more periods, each of 24 hours or more, totalling 96 hours.

Penalty: 5 penalty units.

607.  Person who is two-up driver then solo driver during a week

If a person is a two-up driver of a
commercial bus for a period of 10 hours or
more, the person must comply with
regulation 606 for 168 hours (1 week) from
the start of the two-up driving (whether the
person is a solo driver or two-up driver
during that week).
Penalty: 5 penalty units.

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r. 4 S.R. No. 17/1996

Division 3—Commercial Trucks

608.

Driving hours Table 3, a driver (whether a solo driver or a two-up driver) of a commercial truck—

(a)	must not drive for more than the period referred to in the corresponding entry in Column 2; and
(b)	must have non-driving time of not less than the period referred to in the corresponding entry in Column 3; and
(c)	must comply with each of the requirements in Table 3.

Penalty: 5 penalty units.
Table 3

Column 1	Column 2	Column 3
Period	Maximum driving time	Minimum non-driving time
5 hours and	5 hours	30 minutes, either as one period or
30 minutes	as two periods of 15 minutes each
24 hours	12 hours	12 hours including one rest period of 6 hours
168 hours	72 hours	96 hours including one period of
(1 week)	24 hours

Division 4—Driving records

609.

Application of Division not apply in respect of a commercial bus or commercial truck being used on a journey wholly within a radius of 100 kilometres from the place of business from which the bus or truck normally operates.

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S.R. No. 17/1996 r. 4

610.  Obligation to make and carry driving record

(1) A driver of a commercial bus or commercial

truck must make, or cause to be made, in
accordance with regulation 611, a record of
the following information and carry it in the
vehicle during the period of the record—

(a) the starting and finishing times and places for all periods of—

(i) solo driving; and

(ii) two-up driving (including periods
as a passenger); and

(iii) non-driving time; and

(iv)  time spent away from activities associated with the vehicle and any load carried by it;

(b) time referred to in regulation 602(1);

(c) the date or dates of travel;

(d)	the driver's name and driver licence number;
(e)

the registration number of each which the driver has driven during the period of the record.

Penalty: 5 penalty units.

(2) A driver of a commercial bus or commercial

truck must carry in the vehicle a record
showing all the time within the previous 28
days that he or she has been the solo driver
or two-up driver of a commercial bus or
commercial truck.
Penalty: 5 penalty units.

Road Safety (Procedures) (Driving Hours) Regulations 1996

r. 4 S.R. No. 17/1996

(3) If the record referred to in sub-regulation (2)

is partly or wholly made by an automatic
recording device, the driver must also carry a
summary sheet showing the time referred to
in sub-regulation (2).

611. Form of driving record

(1) A driving record must be—

(a) in the form of a log book; and

(b)

completed in accordance with any book.

(2) A driver must verify the entries on each page

of a log book (other than an automatic
recording device) by signing the page in the
place indicated after completion of the page.

Penalty:  applying to this sub-regulation:
5 penalty units.

612. Obtaining a log book

(1) A person may, in accordance with this

regulation, obtain a log book, other than an

automatic recording device, from—

(a) the Corporation; or

(b) a place which has been declared by the Minister, by notice published in the Government Gazette, to be a place at which log books may be obtained.

(2) A person may obtain a log book if—

(a) the person pays the appropriate fee; and
(b) the person produces—

(i)  a log book previously issued to the person; or

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S.	R. No. 17/1996
(ii)

a form complying with by him or her in the presence of an officer of the Corporation; and

(c) the person produces a current driver licence or a licence to drive a motor vehicle issued under the law of the

State or Territory in which the person ordinarily resides.

(3) A form complies with this sub-regulation if it is issued by the Corporation and contains provision for completion of questions

disclosing some or all of the following

information—

(a)	whether it is the first issue of a log book to the person;
(b)	if the log book is to be a replacement for a lost, destroyed or stolen log book—

(i)

the circumstances under which the lost, stolen or destroyed; and

(ii)  the number of the log book being replaced (if known); and

(iii) during the previous 24 hours
(indicating whether or not the

details as to the person's activity vehicle);

(c) the time and duration of the person's most recent period of 24 consecutive hours for rest.

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r. 4 S.R. No. 17/1996

613. Driver must give driving record to employer

(1) If a driver makes a driving record in a log

book within the meaning of paragraph (a) or
(b) of the definition of "log book" in
regulation 601, the driver must give the
completed 4 week summary page, or a copy
of it, to each employer for whom the driver
has worked during that 4 week period, within
14 days after the end of that period.

Penalty: 1 penalty unit.

(2) If a driver makes a driving record in a log

book within the meaning of paragraph (c) or
(d) of the definition of "log book" in
regulation 601, the driver must give the
completed driving record to his or her
employer within 6 weeks after the
commencement of the period to which the
driving record relates.
Penalty: 1 penalty unit.

(3) A driver's employer must retain a completed

driving record or 4 week summary page or
copy—

(a)	for a period of 12 months at the employer's main place of business; and
(b)	in a form that permits the record to be conveniently audited.

Penalty: 3 penalty units.

(4) A driver's employer must, if requested to do

so by an officer of the Corporation
authorised in writing by the Corporation in
that behalf or by a member of the police

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S.R. No. 17/1996 r. 4

force, produce for inspection any document
referred to in sub-regulation (3).
Penalty: 3 penalty units.

614.  Defacing, destroying or altering a log book A person must not without reasonable excuse—

(a) deface or destroy a log book or part of a log book; or

(b) alter an entry in a log book; or

(c) remove a page marked as an original page from a log book.

Penalty: 5 penalty units.

615. A person must not make a statement that the
person knows is untrue in an application for

Making a false statement support of such an application. Penalty: 5 penalty units.

616. Misusing a log book

(1) A person must not without reasonable

excuse—

(a) use another person's log book; or
(b) use a cancelled log book; or

(c) possess a log book that—

(i)

has been defaced, destroyed or regulation 614; or

(ii) was not issued to the person; or

(iii)  has been recorded as cancelled, lost, stolen or destroyed; or

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r. 4 S.R. No. 17/1996

(d) possess more than one log book—

(i)  of a kind referred to in paragraph (a) or (b) of the definition of "log book" in regulation 601

containing pages which have not
been used or cancelled; or

(ii)  of a kind referred to in paragraph (c) or (d) of the definition of "log book" in regulation 601; or

(e) permit another person to possess a log book that was issued to the first-mentioned person.

Penalty: 5 penalty units.

(2) A person must not make, sell or possess

anything that purports to be, but is not, a log
book.
Penalty: 5 penalty units.

617.  Unlawful interference with an automatic recording device

A person must not, without lawful authority, interfere with an automatic recording device. Penalty: 5 penalty units.

618. Lost, stolen or destroyed log book

(1) If a driver's log book is lost, stolen or destroyed, the driver must notify the Corporation in writing not more than 7 days

after the loss, theft or destruction.

Penalty: 1 penalty unit.

(2) If a log book—

(a) has been reported as lost or stolen under sub-regulation (1); and

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S.R. No. 17/1996 r. 4

(b) is returned to its owner—

the owner must hand it in to the Corporation.

Penalty: 1 penalty unit.

619. Trips under 100 kilometres radius—
employer's obligation

(1) An employer must make a record of the following information in respect of each journey of a commercial bus or commercial

truck being used by an employee wholly
within a radius of 100 kilometres from the
place of business from which the bus or

truck normally operates—

(a) the driver's name;

(b) the date of the trip;

(c)	the starting and finishing times and places;
(d)	the driver's approximate total driving time;
(e)	the registration number of the bus or truck.

Penalty: 3 penalty units.

(2) An employer must retain a record made

under sub-regulation (1)—

(a)	for a period of 12 months at the employer's main place of business; and
(b)	in a form that permits the record to be conveniently audited.

Penalty: 3 penalty units.

(3) An employer must, if requested to do so by an officer of the Corporation authorised in writing by the Corporation in that behalf or by a member of the police force, produce for

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r. 4 S.R. No. 17/1996

inspection any record made under
sub-regulation (1).

Penalty: 3 penalty units.

620. It is sufficient compliance with this Part
relating to the keeping of driving records if,
in relation to periods of driving and rest from

Obligations of interstate drivers entering Victoria, all records required by this Part are made at the time of entering Victoria.

Division 5—Miscellaneous

621. Evidence

(1) This regulation applies in relation to a
proceeding for an offence against this Part. (2) The production of a book, record or form

(including any accompanying instructions)
purporting to be a log book for the purposes
of this Part is evidence of the form of a log
book and of the instructions in accordance
with which the driving record must be

completed.

(3) The statement of a member of the police

force or an officer of the Corporation that a book, record or form is, or appears to be, a log book is evidence that the book, record or
form is a log book.

(4) Evidence that a person was found driving a

commercial bus or commercial truck in a
place is evidence that the person drove the
bus or truck to that place from the place of
business from which the bus or truck
normally operates.

Road Safety (Procedures) (Driving Hours) Regulations 1996

r. 5 S.R. No. 17/1996

622. Exemption—fatigue management programs

(1) In this regulation, "fatigue management

program" means a program approved by the Corporation of methods to manage fatigue in drivers of commercial buses and commercial trucks.

(2) A person who is participating in a fatigue

management program in accordance with the
terms of its approval is exempt from
regulations 605, 606, 607, 608 and 610 in
respect of that participation.

(3) A program that was approved by the Corporation as a fatigue management program under regulation 614 of these Regulations as in force immediately before

the commencement of the Road Safety
(Procedures) (Driving Hours) Regulations
1996 is, on and from that commencement,
deemed to be a fatigue management program
within the meaning of sub-regulation (1).

(4) The Corporation may withdraw approval of a fatigue management program.'.

5. Amendment of Schedule 1

In Schedule 1 to the Principal Regulations, in item

19, for "607" substitute "612".

6. Amendment of Schedule 6

In Schedule 6 to the Principal Regulations—

(a)	for the entries in respect of Codes 2162 and 2163 substitute—
"2162 Fail to observe limit on RS(P)R 605, 606,

hours of driving 608 165

2163         Driving record offences

–fail to make	RS(P)R 610	165
–fail to carry	RS(P)R 610	165

–deface, destroy or alter

log book RS(P)R 614 165

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r. 6	S.	R. No. 17/1996
–remove page from log

book RS(P)R 614 165

–possess log book not

issued to person	RS(P)R
616(1)(c)(ii) 165

–possess more than one

log book RS(P)R 616(1)(d) 165

–fail to produce on

request RSA 59(1)(c) 165";

(b) omit the entry in respect of Code 2164;

(c)	for the entry in respect of Code 2165 substitute—
"2165 Log book not signed RS(P)R 611(2) 165".

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994.

Table of Applied, Adopted or Incorporated Matter

Statutory Rule	Title of applied, adopted	Matter in applied,
provision	or incorporated document	adopted or incorporated

document

Regulation 4—	Sleeping Berth Standards	The whole
proposed regulation	for Commercial Buses
603(1)	formulated by the National Road Transport Commission and approved from time to time by the Ministerial Council for Road Transport
Regulation 4—	Australian Design Rules	Australian Design Rule
proposed regulation	for Motor Vehicles and	42.15
603(2)	Trailers as issued by the Federal Department of Transport from time to time
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Road Safety (Procedures) (Driving Hours) Regulations 1996

S.R. No. 17/1996

NOTES

1 S.R. No. 28/1988. Reprinted to S.R. No. 23/1994 and subsequently

amended by S.R. Nos 110/1994, 127/1994, 178/1994, 43/1995, 60/1995,
98/1995, 115/1995, 128/1995, 142/1995 and 154/1995.