Road Traffic (Driving Hours) Variation Regulations 2007 (SA)
South Australia
Road Traffic (Driving Hours) Variation Regulations 2007
under the Road Traffic Act 1961
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Road Traffic (Driving Hours) Regulations 1999
Insertion of heading
Variation of regulation 5—Application of regulations
Substitution of regulation 42
42What is a driver's base and the garage address of a vehicle
Variation of regulation 46—What is an approved DSMD
Variation of regulation 58—Driving records—non-local area work
Variation of regulation 68—Definitions for Division 7
Variation of regulation 71—Making entries in someone else's driving records prohibited
Variation of regulation 79—Logbooks
Variation of regulation 80—Applications for logbooks
Variation of regulation 129—General offence and penalty for bodies corporate
Variation of regulation 130—Information about exemptions
Variation of regulation 131—Information about TFMS etc
Variation of regulation 132—Information about whether drivers engaged in non-local area work
Variation of regulation 133—Information about driver's base
Variation of regulation 134—False and misleading statements
Variation of regulation 137—Appeals to District Court
Variation of regulation 139—Declaration of relevant jurisdictions
Revocation of regulations 140, 141 and 142
Variation of dictionary
Part 1—Preliminary
1—Short title
These regulations may be cited as the Road Traffic (Driving Hours) Variation Regulations 2007.
2—Commencement
These regulations will come into operation on 30 April 2007.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Road Traffic (Driving Hours) Regulations 1999
4—Insertion of heading
After the heading to Part 1 insert:
Division 1—Formal and application provisions
5—Variation of regulation 5—Application of regulations
Regulation 5(3)(d) and (e)—delete paragraphs (d) and (e) and substitute:
(d)any public place that is not a road and on which a motor vehicle may be driven, whether or not it is lawful to drive a motor vehicle there.
6—Substitution of regulation 42
Regulation 42—delete the regulation and substitute:
42—What is a driver's base and the garage address of a vehicle
(1)The base of the driver of a heavy truck or commercial bus is—
(a)the place recorded for the time being as the driver’s base in the log book kept by the driver of the vehicle; or
(b)if no place is recorded as specified in paragraph (a)—the garage address of the vehicle (or, in the case of a combination, the towing vehicle of the combination), as recorded by an Australian Authority; or
(c)if no place is recorded as specified in paragraph (a) or (b)—the place from which the driver normally works and receives instructions.
(2)The garage address of the vehicle is—
(a)the address of the place of residence or business at which the vehicle is ordinarily kept when not in use; or
(b)the principal depot or base of operation of the vehicle.
(3)For the purposes of this regulation, if a driver is a self‑employed driver and an employed driver at different times, the driver may have one base as a self‑employed driver and another base as an employed driver.
(4)For the purposes of this regulation, if a driver has 2 or more employers, the driver may have a different base in relation to each employer.
7—Variation of regulation 46—What is an approved DSMD
Regulation 46—delete "Ministerial" and substitute:
Australian Transport
8—Variation of regulation 58—Driving records—non-local area work
Regulation 58(2), (3) and (5)—delete "authorised person" wherever occurring and substitute in each case:
authorised officer or police officer
9—Variation of regulation 68—Definitions for Division 7
Regulation 68, definition of entry—delete "authorised person" and substitute:
authorised officer or police officer
10—Variation of regulation 71—Making entries in someone else's driving records prohibited
Regulation 71(1)—delete "authorised person" and substitute:
authorised officer or police officer
11—Variation of regulation 79—Logbooks
Regulation 79(5)—delete "Ministerial" and substitute:
Australian Transport
12—Variation of regulation 80—Applications for logbooks
Regulation 80(5)—delete "Ministerial" and substitute:
Australian Transport
13—Variation of regulation 129—General offence and penalty for bodies corporate
Regulation 129(1)—delete "$1 250" and substitute:
$2 500
14—Variation of regulation 130—Information about exemptions
Regulation 130(1), (2) and (3)—delete "authorised person" wherever occurring and substitute in each case:
authorised officer or police officer
15—Variation of regulation 131—Information about TFMS etc
Regulation 131(1), (2), (3) and (4)—delete "authorised person" wherever occurring and substitute in each case:
authorised officer or police officer
16—Variation of regulation 132—Information about whether drivers engaged in non-local area work
Regulation 132(1)—delete "authorised person" and substitute:
authorised officer or police officer
17—Variation of regulation 133—Information about driver's base
Regulation 133(1)—delete subregulation (1) and substitute:
(1)An authorised officer or police officer may ask the driver of a heavy truck or commercial bus to produce his or her logbook for inspection to see which place (if any) is recorded for the time being in the logbook as the driver's base.
Regulation 133(2)—delete "authorised person" and substitute:
authorised officer or police officer
18—Variation of regulation 134—False and misleading statements
Regulation 134—delete "authorised person" and substitute:
authorised officer or police officer
19—Variation of regulation 137—Appeals to District Court
Regulation 137(1)—delete "138" and substitute:
136
20—Variation of regulation 139—Declaration of relevant jurisdictions
Regulation 139—delete "Ministerial" and substitute:
Australian Transport
21—Revocation of regulations 140, 141 and 142
Regulations 140, 141 and 142—delete these regulations
22—Variation of dictionary
Dictionary, definitions of approved fatigue management training course and approved sleeper berth—delete "Ministerial" and substitute:
Australian Transport
Dictionary, definition of authorised person—delete the definition and substitute:
Australian Transport Council has the same meaning as in the National Transport Commission Act 2003 of the Commonwealth;
Dictionary, definition of GVM—delete the definition and substitute:
GVM of a vehicle means the maximum loaded mass of the vehicle—
(a)as specified by the vehicle's manufacturer; or
(b)as specified by an Australian Authority if—
(i)the manufacturer has not specified a maximum loaded mass; or
(ii)the manufacturer cannot be identified; or
(iii)the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;
Dictionary, definitions of identity card and Ministerial Council—delete the definitions
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor's Deputy
with the advice and consent of the Executive Council
on 26 April 2007
No 45 of 2007
MTRAN09/04CS
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