Road Safety (Procedures) (Driving Hours) Regulations 1998 (Vic)
Road Safety (Procedures) (Driving Hours)
Regulations 1998
S.R. No. 104/1998
TABLE OF PROVISIONS
Regulation Page
1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 1 5. Definitions 2 6. Rest times 4 7. Driving hours—solo drivers of commercial buses 4 8. Driving hours—two up drivers of commercial buses 5 9. Heavy Trucks 6 10. Driving records-driver 7 11. Obtaining a log book 8 12. Driving records-employer 9 13. Retention of driver records 10 14. New regulations 622 and 623 substituted 10 622. Exemptions—literacy 10 623. Exemptions—emergencies 10 15. Consequential amendments 11
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NOTES 12
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STATUTORY RULES 1998
S.R. No. 104/1998
Road Safety Act 1986
Road Safety (Procedures) (Driving Hours)
Regulations 1998
The Governor in Council makes the following Regulations:
Dated: 11 August 1998Responsible Minister:
GEOFF CRAIGE
Minister for Roads and Ports
SHARNE BRYAN
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to make further provision for the regulation of driving hours.
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 September 1998.
4. Principal Regulations
In these Regulations, the Road Safety
(Procedures) Regulations 19881 are called the
Principal Regulations.
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5. Definitions
In regulation 601 of the Principal Regulations—
(a)
the definition of "commercial truck" is revoked;
(b) insert the following definitions—
' "drive" includes—
(a) an activity referred to in regulation 602; and (b) in relation to solo driving, the driving of a commercial bus or heavy truck by a solo driver; and (c) in relation to two-up driving, the driving of a commercial bus or heavy truck by a two-up driver;
"driver base", in relation to a motor vehicle that is a commercial bus or heavy truck, means—
(a) the place recorded for the time being as the garage address of the motor vehicle—
(i) register established for the
by the Corporation in the or
(ii) registered in another State or
Territory, by the registrationif the motor vehicle is Territory; or
(b) receives instructions from a place
if the driver normally works and the motor vehicle referred to in
Road Safety (Procedures) (Driving Hours) Regulations 1998
S.R. No. 104/1998 r. 5 paragraph (a), the place recorded
for the time being as the driver
base in the log book kept by thedriver of the motor vehicle; or
(c) specified in paragraph (a) or (b),
the place from which the driverif no place is recorded as instructions;
"heavy truck" means—
(a) or tractor) which exceeds
a motor vehicle (other than a bus or
(b) (other than a bus or tractor) and
one or more trailers, being a
combination that includes aa combination of a motor vehicle maximum loaded mass;
"work" means driving a commercial bus or
heavy truck and includes any of the following activities, irrespective of where the activity took place—
(a) loading or unloading a
commercial bus or heavy truck;(b)
inspecting, servicing or repairing a commercial bus or heavy truck, inspecting or attending to the load on a commercial bus or heavy
truck or attending to the
passengers on a commercial bus;(c) cleaning or refuelling a
commercial bus or heavy truck;
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(d) performing marketing tasks in commercial bus or heavy truck;
(e) helping with or supervising an (a), (b), (c) or (d);
(f) completing a document in
recording information or or in relation to the operation of a commercial bus or heavy truck.';
(c)
in the definitions of "solo driver" and "two- up driver", for "commercial truck" (wherever occurring) substitute "heavy truck";
(d)
the definitions of "non-driving time" and "rest period" are revoked.
6. Rest times
After regulation 602(2) of the Principal
Regulations insert—"(3) A rest time must be spent as a continuous
period of 15 minutes or more when the
driver does not work.
(4) If a driver is required to have a rest time of
5 hours 30 minutes or more but less than
24 hours, that time must be spent away from
the commercial bus or heavy truck unless it
is fitted with a sleeper berth in accordancewith regulation 603.
(5) If a driver is required to have a rest time of
24 hours or more that time must be spent away from the commercial bus or heavy truck.".
7. Driving hours—solo drivers of commercial buses
Road Safety (Procedures) (Driving Hours) Regulations 1998
S.R. No. 104/1998 r. 8
(1) In regulation 605(1) of the Principal
Regulations—
(a)
in paragraph (a), for "drive" substitute "work";
(b)
in paragraph (b), for "non-driving time of not less than the period" substitute "rest time of not less than the period or periods".
(2) Regulation 605(2) of the Principal Regulations is
revoked.
(3) For Table 1 in regulation 605 of the Principal
Regulations substitute—
"Table 1
Column 1 Column 2 Column 3 Maximum Period working time Minimum rest time 5 hours and 5 hours 30 minutes, either as 30 minutes
one continuous period or as two continuous periods of
15 minutes each 24 hours 14 hours 10 hours including (including not one continuous more than 12 period of 6 hours hours driving) 168 hours 72 hours 96 hours 672 hours 288 hours 384 hours with a
continuous period of
96 hours, or two or
more continuous
periods, each of
24 hours or more,
totalling 96 hours".
8. Driving hours—two up drivers of commercial buses
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(1) In regulation 606(1) of the Principal
Regulations—
(a)
in paragraph (a), for "drive" substitute "work"; and
(b)
in paragraph (b), for "non-driving time of not less than the period" substitute "rest time of not less than the period or periods".
(2) Regulation 606(2) of the Principal Regulation is
revoked.
(3) For Table 2 in regulation 606 of the Principal
Regulations substitute—
"Table 2
Column 1 Column 2 Column 3 Maximum Period working time Minimum rest time 5 hours and 5 hours 30 minutes, either as 30 minutes
one continuous period or as two continuous periods of
15 minutes each 24 hours 14 hours 10 hours including (including not one continuous more than period of 6 hours 12 hours driving)
168 hours 72 hours 96 hours 672 hours 288 hours 384 hours with a
continuous period of
96 hours, or two or
more continuous
periods, each of
24 hours or more,
totalling 96 hours".
9. Heavy Trucks
Road Safety (Procedures) (Driving Hours) Regulations 1998
S.R. No. 104/1998 r. 10 (1) In the heading to Division 3 of Part 6 of the
Principal Regulations for "COMMERCIAL"
substitute "HEAVY".
(2) In regulation 608 of the Principal Regulations—
(a)
in paragraph (a), for "drive" substitute "work";
(b)
in paragraph (b), for "non-driving time of not less than the period" substitute "rest time of not less than the period or periods".
(3) For Table 3 in regulation 608 of the Principal
Regulations substitute—
"Table 3
Column 1 Column 2 Column 3 Maximum Period working time Minimum rest time 5 hours and 5 hours 30 minutes, either as 30 minutes
one continuous period or as two periods of 15 minutes
each 24 hours 14 hours 10 hours including (including not one continuous more than period of 6 hours 12 hours driving)
168 hours 72 hours 96 hours including
one continuous
period of 24 hours".
10. Driving records-driver
Road Safety (Procedures) (Driving Hours) Regulations 1998
S.R. No. 104/1998
(1) In regulation 610(1) of the Principal
Regulations—
(a) in paragraph (a)—
(i) for sub-paragraph (iii) substitute— "(iii) work time other than drive time;
and";
(ii) for sub-paragraph (iv) substitute— "(iv) rest time;";
(b) paragraph (b) is revoked.
(2) After regulation 610(3) of the Principal
Regulations insert—
"(4) It is a defence to an offence against sub-
regulation (1) if a driver proves that—
(a) his or her log book is destroyed, lost or stolen; and (b) the driver has not been issued with a replacement log book; and (c) not more than two days have elapsed since the log book was destroyed, lost or stolen; and (d) the driver has recorded the information required by that sub-regulation in a way that is no less accurate and understandable than, and in a similar form to, records made in accordance with that sub-regulation.".
11. Obtaining a log book
In regulation 612(3) of the Principal
Regulations—
(a) in paragraph (b)(ii), omit "and";
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S.R. No. 104/1998 r. 12
(b)
in paragraph (b), sub-paragraph (iii) is revoked;
(c) paragraph (c) is revoked.
12. Driving records-employer
(1) For regulation 613(1) of the Principal Regulations
substitute—
"(1) If the driver of a commercial bus or heavy
truck 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 a copy of the daily
page on which the record is made, to each
employer for whom the driving was
performed, within 21 days after the making
of the record.Penalty: 1 penalty unit.".
(2) For regulation 613(3) of the Principal Regulations
substitute—
"(3) A driver's employer must take reasonable
steps to ensure that the driver complies with
sub-regulation (1).
Penalty: 3 penalty units.
(3A) A driver's employer must ensure that any document sent to the employer under sub- regulation (1) is retained—
(a)
at the driver base of the bus or truck for a period of 12 months; and
(b)
in a form that permits the document to be conveniently audited.
Penalty: 3 penalty units.".
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(3) In regulation 613(4) of the Principal Regulations,
for "referred to in sub-regulation (3)" substitute
"required to be retained under sub-regulation(3A)".
13. Retention of driver records
In regulation 619(2)(a) of the Principal Regulations, for "employer's main place of business" substitute "driver base of the bus or truck".
14. New regulations 622 and 623 substituted
For regulation 622 of the Principal Regulations substitute—
"622. Exemptions—literacy
A driver who is unable to make records in the driver's log book because of an English literacy disability is exempted from the
requirements of regulations 610 and 611 if
that driver—
(a)
nominates to the Corporation a person who has agreed in writing to make written driving records for the driver; and
(b)
sends to the Corporation a copy of the nominated person's agreement.
623. In an emergency involving a fire , explosion
or natural disaster, the driver of a heavyExemptions—emergencies the requirements of this Part, except Division 4, if—
(a)
the vehicle is being used, or is intended to be used, for the protection of life or property, or to restore communication
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S. R. No. 104/1998 or the supply of energy or water, or for
the disposal of sewage; and
(b)
the exemption does not present an unreasonable danger to other road users.".
15. Consequential amendments
(1) In regulations 602, 603, 604, 608, 609, 610, 619
and 621 of the Principal Regulations, for "commercial truck" (wherever occurring) substitute "heavy truck".
(2) In regulations 609 and 619 of the Principal
Regulations, for "place of business from which the bus or truck normally operates" substitute "driver base".
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Road Safety (Procedures) (Driving Hours) Regulations 1998
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NOTES
1 Reg. 4: S.R. No. 28/1988. Reprinted to S.R. No. 21/1997 and subsequently
amended by S.R. Nos 35/1998 and 58/1998. S.R. No. 28/1988 was
continued in operation by S.R. No. 169/1997.
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