Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008 (SA)

South Australia

Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008

under the Road Traffic Act 1961

Contents

Part 1—Preliminary

1            Short title

3            Interpretation

4            Regulated heavy vehicles

5            Relationship between duties under these regulations and OHS legislation

Part 2—Duties to avoid and prevent driving while fatigued

Division 1—Driving while fatigued

6            Driving while fatigued

7           Duty to prevent person driving while fatigued

Division 2—Additional duties on parties in chain of responsibility

8            Additional duty of employers, prime contractors and operators

9            Additional duty of schedulers

10          Additional duty of consignors and consignees

11          Additional duty of loading managers

Division 3—Miscellaneous

12          Certain requests etc prohibited

13          Certain contracts etc prohibited

Part 3—Work times and rest times

Division 1—Work times and rest times etc

14          Work times and rest times

15          Calculation of time periods

Division 2—Standard hours, BFM hours and AFM hours etc

16          Standard hours—solo drivers

17          Standard hours—solo drivers (buses)

18          Special provision for solo drivers of buses

19          Standard hours—two‑up drivers

20          Additional defence related to short rest breaks

21          BFM hours—solo drivers working under BFM accreditation

22          Additional defence related to split rest breaks

23          BFM hours—two‑up drivers working under BFM accreditation

24          AFM hours—driving hours for drivers working under AFM accreditation

25          AFM hours—offences related to AFM outer limits

26          Changing a work/rest hours option

Division 3—BFM and AFM documentation etc

27          Driver working under BFM accreditation to carry certain documentation

28          Driver working under AFM accreditation to carry certain documentation

Part 4—Record keeping

Division 1—Work diaries

Subdivision 1—Written work diaries

29          Form of written work diaries

30          Issue of written work diaries

Subdivision 2—Electronic work diaries

31          Approval of certain systems as electronic work diaries

32          Variation or revocation of approval

33          Notification of variation or revocation of approval

34          Labelling of electronic work diaries

35          Removal of labels

36          How electronic work diary to be operated and maintained

37          Authority may permit use of certain systems as electronic work diaries

Subdivision 3—Work diary requirements

38          Duty on certain persons to ensure compliance with Subdivision

39          Driver must carry work diary

40          Information that driver must record in work diary

41          Supplementary records

42          Notification of destruction etc of work diary

43          Odometers

Division 2—Records relating to drivers

44          Information that record keeper must keep

45          Driver must give certain information to record keepers

46          Further offences in relation to record keepers

Division 3—Offences related to work records

47          Interpretation

48          Offence to keep multiple written work diaries

49          Offence to record information in multiple work diaries

50          Offence to remove pages from written work diary

51          Offence to tamper with electronic work diary

52          Offence to change or deface entry in work record

53          Offence to possess certain documents

54          Offence to make entry in work record of another

55          Offence to hold out as having made entry

56          Offence to destroy certain documents

Part 5—Exemptions

Division 1—Emergency services

57          Exemption for emergency services

Division 2—Other exemptions

58          Work/rest hours exemptions

59          Work diary exemptions

60          Variation or revocation of exemption

61          Variation of conditions of exemption

Division 3—Miscellaneous

62          Offences relating to work time and rest time under work/rest hours exemption

63          Driver to carry written exemption

64          Driver to return exemption

65          Immediate suspension of exemption in public interest

66          Authority may require return of written exemptions

67          Replacement of written exemptions

68          Additional offences relating to exemptions

Part 6—Compliance and enforcement

Division 1—Additional enforcement powers etc

69          Additional powers of authorised officers and police officers

70          Formal warnings

71          Duty of authorised officers and police officers to annotate work diary

Division 2—Penalties for offences against these regulations

72          Meaning of minor, substantial, severe and critical risk offences

73          Penalties for offences

Division 3—Administrative decisions etc

74          Referral of matters to the Fatigue Authorities Panel

75          Mutual recognition and corresponding fatigue laws

76          Effect of certain administrative actions of corresponding authorities

77          Notification of corresponding Authorities about certain decisions

78          Register of decisions

Part 7—Miscellaneous

Division 1—Taking reasonable steps

79          Taking reasonable steps

Division 2—Reconsideration of decision by Authority

80          Application of Division

81          Review of decisions

82          Appeal to District Court

Division 3—Miscellaneous

83          Confidentiality

84          Evidentiary provision

85          Authority may grant exemption for purposes of certain trials

86          Minister may declare regulations not to apply

Schedule 1—Standard hours—solo drivers

Schedule 2—Standard hours—solo drivers (buses)

Schedule 3—Standard hours—two‑up drivers

Schedule 4—BFM hours—solo drivers working under BFM accreditation

Schedule 5—BFM hours—two‑up drivers working under BFM accreditation

Schedule 6—Offence categories in relation to AFM accreditation

Part 1—Offences against regulation 24 (driving hours for drivers working under AFM accreditation)

Part 2—Offences against regulation 25 (offences related to AFM outer limits)

Schedule 7—Offences against regulation 62 (offences relating to work time and rest time under work/rest hours exemption)

Schedule 8—Fees

Schedule 9—Transitional provisions

Part 1—Preliminary

1            Interpretation

Part 2—Transitional class exemptions

Division 1—Transitional work/rest hours class exemption

2            Special provisions related to transitional work/rest hours class exemption

Part 3—Transitional TFMS

10          Transitional TFMS

Part 4—Miscellaneous transitional provisions

11          Provisions relating to logbooks

12          Compliance with transitional provision of corresponding fatigue law

Legislative history

Part 1—Preliminary

1—Short title

These regulations may be cited as the Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008.

3—Interpretation

(1)In these regulations, unless the contrary intention appears—

100 kilometre work—a driver is engaged in 100 kilometre work if he or she is driving in an area not more than 100 kilometres from his or her base;

100-plus kilometre work—a driver is engaged in 100‑plus kilometre work if he or she is driving in an area more than 100 kilometres from his or her base;

Act means the Road Traffic Act 1961;

AFM accreditation has the same meaning as in the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008;

AFM hours—see regulation 24;

AFM outer limits has the same meaning as in the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008;

AFM Standards has the same meaning as in the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008;

another jurisdiction means a State or Territory of the Commonwealth other than this jurisdiction;

approved sleeper berth means—

(a)in relation to a regulated heavy vehicle that is a heavy truck—a driver's sleeper berth that complies with ADR 42 (as in force from time to time under the Motor Vehicle Standards Act 1989 of the Commonwealth) and which is able to be used by a driver of the vehicle when taking rest; or

(b)in relation to a regulated heavy vehicle that is a bus—a driver's sleeper berth that complies with the requirements (if any) determined by the Authority by notice in the Gazette and which is able to be used by a driver of the vehicle when taking rest;

ATC means the Australian Transport Council;

Authority means the Minister;

base—the base of a driver in relation to particular work means—

(a)the place from which the driver usually does the work and which is recorded in his or her work diary; or

(b)if that place is not recorded in the driver's work diary—the garage address of the regulated heavy vehicle being driven by the driver;

BFM accreditation has the same meaning as in the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008;

BFM hours means the BFM hours for solo drivers working under BFM accreditation (see regulation 21) or the BFM hours for two‑up drivers working under BFM accreditation (see regulation 23) as the case requires;

BFM Standards has the same meaning as in the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008;

compliance purposes has the same meaning as in section 40F of the Act;

corresponding fatigue law means—

(a)an Act or law in force in another jurisdiction regulating fatigue in drivers of regulated heavy vehicles (other than a law primarily related to occupational health and safety); and

(b)any other Act or law declared by the Minister by notice in the Gazette to be a corresponding fatigue law;

critical risk offence—see regulation 72;

daily sheet means a daily sheet referred to in regulation 29(3)(b);

drive includes—

(a)being in the driver's seat of a regulated heavy vehicle while the engine is running; and

(b)being in a regulated heavy vehicle for the purpose of instructing or supervising the driver of the vehicle;

driver means a driver of a regulated heavy vehicle;

driver's licence means—

(a)a driver's licence under the Motor Vehicles Act 1959; or

(b)a licence issued under a law of another State or Territory of the Commonwealth that corresponds to such a driver's licence; or

(c)a licence of a kind contemplated by section 97A(1)(a) of the Motor Vehicles Act 1959;

Note—

Section 97A of the Motor Vehicles Act 1959 authorises visiting motorists to drive a motor vehicle on roads in this State without holding a licence under that Act.

electronic work diary means an electronic information recording system—

(a)approved under regulation 31 for use as an electronic work diary and labelled in accordance with regulation 34; or

(b)approved as an electronic work diary and labelled in accordance with a corresponding fatigue law;

employed driver means a driver who is employed by someone else to drive a regulated heavy vehicle;

employer means a person who employs persons under contracts of employment, apprenticeship or training, but does not include a person who employs persons under a contract for services;

exemption means a work/rest hours exemption or a work diary exemption, as varied from time to time, granted under Part 5;

fatigue includes tiredness, weariness, drowsiness, exhaustion and lack of energy;

Fatigue Authorities Panel means the body of that name established in accordance with the Fatigue Authorities Panel Rules made by the National Transport Commission and approved by the Australian Transport Council, as in force from time to time;

garage address, in relation to a regulated heavy vehicle, means—

(a)if the vehicle is usually kept at a depot when not in use—the address of the depot at which the vehicle is usually kept; or

(b)if the vehicle is usually kept at a particular place other than a depot when not in use—the home address of the registered operator of the vehicle whose home address is nearest that place; or

(c)in any other case—the home address of the registered operator of the vehicle who is listed first on the registration certificate for the vehicle;

heavy truck means—

(a)in the case of a combination—a motor vehicle (other than a bus or tram) that is part of the combination where the total of the GVM of the vehicles in the combination is more than 12 tonnes; or

(b)in any other case—a motor vehicle (other than a bus or tram) with a GVM of more than 12 tonnes;

loading manager means—

(a)a person who manages premises at which an average (calculated in accordance with subregulation (8)) of not less than 5 regulated heavy vehicles are loaded or unloaded on each day on which the premises are operating; or

(b)a person who supervises, manages or controls (whether directly or indirectly) the loading or unloading of regulated heavy vehicles at such premises;

long/night work time means any work time—

(a)in excess of 12 hours in any 24 hour period; or

(b)between the hours of midnight and 6 am;

major rest break means rest time of not less than 5 continuous hours;

minor risk offence—see regulation 72;

NHVAS business rules has the same meaning as in the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008;

night rest break means a rest break consisting of—

(a)7 continuous hours of stationary rest time taken between the hours of 10 pm on one day and 8 am on the following day; or

(b)24 continuous hours of stationary rest time;

night rest time means rest time taken between the hours of 10 pm on one day and 8 am on the following day;

non-participating zone means all jurisdictions other than participating jurisdictions;

occupational health and safety legislation means the Occupational Health, Safety and Welfare Act 1986, or a law of the Commonwealth that relates to occupational health and safety declared by the Minister by notice in the Gazette to be within the ambit of this definition;

participating jurisdiction—a jurisdiction is a participating jurisdiction if it is—

(a)this jurisdiction; or

(b)another jurisdiction, if that jurisdiction has a corresponding fatigue law;

participating zone means all participating jurisdictions;

prime contractor, in relation to a driver, means a person who engages the driver to drive a regulated heavy vehicle under a contract for services;

record keeper, in relation to a driver, means—

(a)if the driver is an employed driver working under standard hours, or under a work/rest hours exemption (not being an exemption granted in combination with a BFM or AFM accreditation)—the driver's employer; or

(b)if the driver is a self‑employed driver working under standard hours, or under a work/rest hours exemption (not being an exemption granted in combination with a BFM or AFM accreditation)—the driver; or

(c)if the driver is working under the BFM or AFM accreditation of the operator of a regulated heavy vehicle, or under a work/rest hours exemption granted in combination with the BFM or AFM accreditation of the operator—the operator; or

(d)if another person is engaged by a person referred to in a preceding paragraph to perform specified functions of a record keeper under these regulations under a contract for services—that other person (but only in relation to the specified functions);

record location, in relation to a driver, means—

(a)the location that the record keeper for the driver has nominated as the record location for the driver; or

(b)if the record keeper for the driver has not nominated such a location—the base of the driver;

regulated heavy vehicle means a motor vehicle that is declared to be a regulated heavy vehicle under regulation 4;

relevant BFM or AFM accreditation, in relation to a party in the chain of responsibility in relation to a regulated heavy vehicle, means the BFM or AFM accreditation granted to the operator of the regulated heavy vehicle;

rest time—see regulation 14(3);

scheduler means a person who schedules—

(a)the work time or rest time of a driver; or

(b)the transport of passengers or goods by road by regulated heavy vehicle;

self-employed driver means a driver who is not an employed driver;

severe risk offence—see regulation 72;

solo driver means a driver other than a two‑up driver;

standard hours means—

(a)the standard hours for solo drivers as specified in regulation 16;

(b)the standard hours for solo drivers (buses) as specified in regulation 17;

(c)the standard hours for two‑up drivers as specified in regulation 19;

stationary rest time means any rest time spent by a driver—

(a)in an approved sleeper berth of a stationary regulated heavy vehicle; or

(b)out of a regulated heavy vehicle;

substantial risk offence—see regulation 72;

supplementary record means a supplementary record made in accordance with regulation 41 or a corresponding fatigue law;

this jurisdiction means South Australia;

two-up driver means a driver working under a two‑up driving arrangement;

two-up driving arrangement means an arrangement under which 2 drivers share the driving of a regulated heavy vehicle that has an approved sleeper berth;

unloader of goods that have been transported by road means a person who—

(a)unloads the goods from a vehicle that transported the goods by road; or

(b)unloads a freight container (whether or not containing goods) from a vehicle that transported the freight container by road; or

(c)without limiting the above, unloads the goods from a freight container in or on a vehicle that transported the goods by road; or

(d)supervises an activity mentioned in paragraph (a), (b) or (c); or

(e)manages or controls an activity mentioned in paragraph (a), (b), (c) or (d);

work diary means a written work diary or an electronic work diary;

work diary exemption—see regulation 59;

work record means a work diary, a supplementary record or any other record or document required to be kept under regulation 44;

work/rest change, in relation to a driver, means a change—

(a)from work time to rest time; or

(b)from rest time to work time; or

(c)from being a solo driver to being a two‑up driver; or

(d)from being a two‑up driver to being a solo driver;

work/rest hours exemption—see regulation 58;

work/rest hours option—a work/rest hours option is 1 of the following:

(a)standard hours for solo drivers (see regulation 16);

(b)standard hours for solo drivers (buses) (see regulation 17);

(c)standard hours for two‑up drivers (see regulation 19);

(d)BFM hours for solo drivers working under BFM accreditation (see regulation 21);

(e)BFM hours for two‑up drivers working under BFM accreditation (see regulation 23);

(f)AFM hours for drivers working under AFM accreditation (see regulation 24);

(g)the work and rest hours applicable to a driver as a condition of a work/rest hours exemption under Part 5 (whether or not the exemption was granted in combination with BFM or AFM accreditation);

work time—see regulation 14(1);

written exemption means a written exemption given to a person granted a work/rest hours exemption under regulation 58 or a work diary exemption under regulation 59 and includes—

(a)a revised written exemption given under regulation 60; and

(b)a replacement written exemption given under regulation 67;

written work diary means a written work diary issued to a driver under regulation 30 or under a corresponding fatigue law.

(2)For the purposes of these regulations, the following persons are parties in the chain of responsibility in relation to a regulated heavy vehicle:

(a)the employer of the driver of the vehicle;

(b)the prime contractor of the vehicle;

(c)the operator of the vehicle;

(d)a scheduler in relation to the driver of the vehicle, or the vehicle;

(e)the consignor of goods to be transported by the vehicle;

(f)the consignee of goods to be transported by the vehicle;

(g)the loading manager of goods to be transported by the vehicle;

(h)the loader of goods onto the vehicle;

(i)the unloader of goods from the vehicle.

(3)To avoid doubt, a person may be a party in a chain of responsibility in more than 1 capacity.

(4)For the purposes of these regulations, a driver who is at different times an employed driver and a self‑employed driver may have a different base in each capacity.

(5)For the purposes of these regulations, a driver who has 2 or more employers may have a different base in relation to each employer.

(6)For the purposes of these regulations, a reference to the variation of an exemption includes a reference to a variation of a condition of the exemption.

(7)The Authority must, in determining requirements for the purposes of paragraph (b) of the definition of approved sleeper berth, have regard to, and seek to give effect to, any recommendation made by the Fatigue Authorities Panel in relation to the approval of sleeper berths.

(8)For the purposes of the definition of loading manager, an average of not less than 5 regulated heavy vehicles will be taken to be loaded or unloaded on each day the premises are operating if—

(a)in the case of premises that have been operating for not less than 12 months—during the previous 12 months, an average of not less than 5 regulated heavy vehicles were loaded or unloaded at the premises on each day the premises were operating; or

(b)in the case of premises that have been operating for less than 12 months—during the period the premises have been operating, an average of not less than 5 regulated heavy vehicles were loaded or unloaded at the premises on each day the premises were operating.

4—Regulated heavy vehicles

(1)For the purposes of section 110AA of the Act, a motor vehicle that is—

(a)a heavy truck; or

(b)a bus,

(other than plant or a motor home) is declared to be a regulated heavy vehicle.

(2)In this regulation—

motor home means a motor vehicle or combination, the primary purpose of which is to provide residential accommodation (but a motor vehicle is not a motor home merely because it has sleeping facilities);

plant means a motor vehicle or combination—

(a)that is intended to be used primarily—

(i)off‑road; or

(ii)on a road‑related area; or

(iii)on an area of road that is under construction,

as a machine or implement in an industrial or primary production application; and

(b)that is not intended to carry goods or passengers by road.

5—Relationship between duties under these regulations and OHS legislation

(1)Compliance with these regulations, or with any requirement imposed under these regulations, is not in itself a defence in any proceedings for an offence against occupational health and safety legislation.

(2)Evidence of a relevant contravention of these regulations is admissible in any proceedings for an offence against the occupational health and safety legislation.

Part 2—Duties to avoid and prevent driving while fatigued

Division 1—Driving while fatigued

6—Driving while fatigued

(1)A person must not—

(a)drive a regulated heavy vehicle on a road; or

(b)attempt to put a regulated heavy vehicle in motion on a road,

if he or she is impaired by fatigue.

(2)An offence against subregulation (1) is a severe risk offence.

(3)In proceedings for an offence against subregulation (1), a statement produced by the prosecution and purporting to be signed by a police officer or an authorised officer and stating that, at a specified time and place, he or she observed a specified driver of a specified regulated heavy vehicle behaving in a specified way is, in the absence of proof to the contrary, proof of the facts so stated.

(4)Despite any other Act or law, if a person is found guilty of an offence against subregulation (1) in relation to particular conduct—

(a)if the person has been charged with a prescribed offence arising out of the same conduct—a court must discharge the person in relation to the charge of that prescribed offence; or

(b)in any other case—the person may not be charged with a prescribed offence arising out of the same conduct.

(5)Despite any other Act or law, if a person is found guilty of a prescribed offence in relation to particular conduct—

(a)if the person has been charged with an offence against subregulation (1) arising out of the same conduct—a court must discharge the person in relation to the charge of that offence; or

(b)in any other case—the person may not be charged with an offence against subregulation (1) arising out of the same conduct.

(6)In this regulation—

impaired by fatigue—a person is impaired by fatigue if the use of any mental or physical faculty of that person is lost or appreciably impaired by fatigue;

prescribed offence means an offence against—

(a)section 45 or 46 of the Act; or

(b)section 21 or 22 of the Occupational Health, Safety and Welfare Act 1986.

7—Duty to prevent person driving while fatigued

(1)A party in the chain of responsibility in relation to a regulated heavy vehicle must take all reasonable steps to ensure that a driver of the vehicle does not contravene regulation 6.

(2)An offence against subregulation (1) is a critical risk offence.

(3)If the defendant in proceedings for an offence against subregulation (1) is an operator of a regulated heavy vehicle and the defendant proves that he or she complied with the requirements of a relevant BFM accreditation or AFM accreditation, he or she will be taken to have taken all reasonable steps to ensure that a driver of the vehicle did not contravene regulation 6.

(4)In proceedings for an offence against subregulation (1), it is not necessary to prove that a person did, in fact, contravene regulation 6.

Division 2—Additional duties on parties in chain of responsibility

8—Additional duty of employers, prime contractors and operators

(1)The employer or prime contractor of a driver must take all reasonable steps to ensure that the business practices of the employer or prime contractor do not cause the driver—

(a)to contravene regulation 6; or

(b)to contravene Part 3 Division 2 (other than regulation 26); or

(c)to contravene a condition of a work/rest hours exemption setting out the work times and rest times applicable to the driver under the exemption; or

(d)to contravene any other law for the purpose of avoiding a contravention of regulation 6, Part 3 Division 2 (other than regulation 26) or such a condition of a work/rest hours exemption.

(2)The operator of a regulated heavy vehicle must take all reasonable steps to ensure that the business practices of the operator do not cause a driver of the vehicle—

(a)to contravene regulation 6; or

(b)to contravene Part 3 Division 2 (other than regulation 26); or

(c)to contravene a condition of a work/rest hours exemption setting out the work times and rest times applicable to the driver under the exemption; or

(d)to contravene any other law for the purpose of avoiding a contravention of regulation 6, Part 3 Division 2 (other than regulation 26) or such a condition of a work/rest hours exemption.

(3)An offence against subregulation (1) or (2) is a severe risk offence.

(4)The employer or prime contractor of a driver must not cause the driver to drive a regulated heavy vehicle unless—

(a)the employer or prime contractor has complied with subregulation (1); and

(b)the scheduler in relation to the driver or vehicle has complied with regulation 9.

(5)The operator of a regulated heavy vehicle must not cause a driver to drive the vehicle unless—

(a)the operator has complied with subregulation (2); and

(b)the scheduler in relation to the driver or vehicle has complied with regulation 9.

(6)An offence against subregulation (4) or (5) is a substantial risk offence.

(7)In proceedings for an offence against subregulation (1) or (2), it is not necessary to prove that a driver did, in fact, contravene regulation 6, Part 3 Division 2, such a condition of a work/rest hours exemption or any other law.

(8)In this regulation—

business practices includes—

(a)the operating policies and procedures; and

(b)the human resource and contract management arrangements; and

(c)the occupational health and safety arrangements,

of the employer, prime contractor or operator (as the case requires).

9—Additional duty of schedulers

(1)A scheduler must take all reasonable steps to ensure that any schedule for the work time and rest time of the driver of a regulated heavy vehicle, or for the transport of goods or passengers by road by a regulated heavy vehicle, prepared by the scheduler does not cause the driver—

(a)to contravene regulation 6; or

(b)to contravene Part 3 Division 2 (other than regulation 26); or

(c)to contravene a condition of a work/rest hours exemption setting out the work times and rest times applicable to the driver under the exemption; or

(d)to contravene any other law for the purpose of avoiding a contravention of regulation 6, Part 3 Division 2 (other than regulation 26) or such a condition of a work/rest hours exemption.

(2)An offence against subregulation (1) is a severe risk offence.

(3)A scheduler must not cause a driver in relation to whom the scheduler has prepared a schedule to drive a regulated heavy vehicle unless—

(a)the scheduler has complied with subregulation (1); and

(b)any schedule for the work time and rest time of the driver of the vehicle, or for the transport of goods or passengers by the vehicle, prepared by the scheduler complies with subregulation (1).

(4)An offence against subregulation (3) is a substantial risk offence.

(5)In proceedings for an offence against subregulation (1), it is not necessary to prove that a driver did, in fact, contravene regulation 6, Part 3 Division 2, such a condition of a work/rest hours exemption or any other law.

10—Additional duty of consignors and consignees

(1)The consignor and consignee of goods that are to be transported by road by a regulated heavy vehicle must each take all reasonable steps to ensure the terms of consignment do not cause the driver of the regulated heavy vehicle—

(a)to contravene regulation 6; or

(b)to contravene Part 3 Division 2 (other than regulation 26); or

(c)to contravene a condition of a work/rest hours exemption setting out the work times and rest times applicable to the driver under the exemption; or

(d)to contravene any other law for the purpose of avoiding a contravention of regulation 6, Part 3 Division 2 (other than regulation 26) or such a condition of a work/rest hours exemption.

(2)The consignor and consignee of goods that are to be transported by road by a regulated heavy vehicle must each take all reasonable steps to ensure the terms of consignment do not encourage or provide an incentive to the employer or prime contractor of the driver of the vehicle, or to the operator of the vehicle, to cause the driver of the vehicle—

(a)to contravene regulation 6; or

(b)to contravene Part 3 Division 2 (other than regulation 26); or

(c)to contravene a condition of a work/rest hours exemption setting out the work times and rest times applicable to the driver under the exemption; or

(d)to contravene any other law for the purpose of avoiding a contravention of regulation 6, Part 3 Division 2 (other than regulation 26) or such a condition of a work/rest hours exemption.

(3)The consignor or consignee of goods that are to be transported by road by a regulated heavy vehicle must not allow the goods to be so transported unless satisfied on reasonable grounds that—

(a)in the case of a vehicle driven by an employed driver—the employer of the driver, and the operator of the vehicle, have complied with regulation 8; or

(b)in the case of a vehicle driven by a self‑employed driver—the prime contractor (if any) of the driver, and the operator of the vehicle, have complied with regulation 8,

and, in any case, that the scheduler in relation to the driver or vehicle has complied with regulation 9.

(4)An offence against subregulation (3) is a substantial risk offence.

(5)The consignor or consignee of goods that are to be transported by road by a regulated heavy vehicle must not make a demand that affects, or that may affect, a time in a schedule for such transport and that may cause the driver of the vehicle—

(a)to contravene regulation 6; or

(b)to contravene Part 3 Division 2 (other than regulation 26); or

(c)to contravene a condition of a work/rest hours exemption setting out the work times and rest times applicable to the driver under the exemption; or

(d)to contravene any other law for the purpose of avoiding a contravention of regulation 6, Part 3 Division 2 (other than regulation 26) or such a condition of a work/rest hours exemption.

(6)It is a defence in proceedings for an offence against subregulation (5) if the person charged establishes that he or she—

(a)complied with subregulations (1) and (2); and

(b)was satisfied on reasonable grounds that the making of the demand would not cause the driver to contravene these regulations or any other law.

(7)An offence against subregulation (1), (2) or (5) is a severe risk offence.

(8)In proceedings for an offence against this regulation, it is not necessary to prove that a driver did, in fact, contravene regulation 6, Part 3 Division 2, such a condition of a work/rest hours exemption or any other law.

11—Additional duty of loading managers

(1)A loading manager must take all reasonable steps to ensure that the arrangements for loading and unloading regulated heavy vehicles at premises (of a kind referred to in paragraph (a) of the definition of loading manager in regulation 3) managed by the loading manager, or at which the loading manager supervises, manages or controls such loading or unloading, do not cause the driver of a regulated heavy vehicle—

(a)to contravene regulation 6; or

(b)to contravene Part 3 Division 2 (other than regulation 26); or

(c)to contravene a condition of a work/rest hours exemption setting out the work times and rest times applicable to the driver under the exemption; or

(d)to contravene any other law for the purpose of avoiding a contravention of regulation 6, Part 3 Division 2 (other than regulation 26) or such a condition of a work/rest hours exemption.

(2)An offence against subregulation (1) is a severe risk offence.

(3)A loading manager must—

(a)if—

(i)the loading manager, or a person under his or her supervision, has advised the driver of a regulated heavy vehicle of the time when loading or unloading of the vehicle is likely to commence or be completed (as the case requires); and

(ii)such loading or unloading is likely to commence, or be completed, more than 30 minutes later than that time; or

(b)if the loading manager, or a person under his or her supervision, is unable to advise the driver of a regulated heavy vehicle of the time when loading or unloading of the vehicle is likely to commence or be completed,

take all reasonable steps to ensure that the driver is able to take rest while waiting for such loading or unloading to commence or be completed.

(4)An offence against subregulation (3) is a substantial risk offence.

(5)In proceedings for an offence against subregulation (1), it is not necessary to prove that a driver did, in fact, contravene regulation 6, Part 3 Division 2, such a condition of a work/rest hours exemption or any other law.

Division 3—Miscellaneous

12—Certain requests etc prohibited

(1)A person must not request or direct (whether directly or indirectly) a driver, or a party in the chain of responsibility in relation to a regulated heavy vehicle, to do or not do anything that the person knows, or ought to know, may cause the driver—

(a)to contravene regulation 6; or

(b)to contravene Part 3 Division 2 (other than regulation 26); or

(c)to contravene a condition of a work/rest hours exemption setting out the work times and rest times applicable to the driver under the exemption; or

(d)to contravene any other law for the purpose of avoiding a contravention of regulation 6, Part 3 Division 2 (other than regulation 26) or such a condition of a work/rest hours exemption.

(2)An offence against subregulation (1) is a critical risk offence.

(3)In proceedings for an offence against subregulation (1), it is not necessary to prove that a driver did, in fact, contravene regulation 6, Part 3 Division 2, such a condition of a work/rest hours exemption or any other law.

13—Certain contracts etc prohibited

(1)A person must not enter into a contract or agreement with a driver, or a party in the chain of responsibility in relation to a regulated heavy vehicle, to do or not do anything that the person knows, or ought to know, may cause the driver—

(a)to contravene regulation 6; or

(b)to contravene Part 3 Division 2 (other than regulation 26); or

(c)to contravene a condition of a work/rest hours exemption setting out the work times and rest times applicable to the driver under the exemption; or

(d)to contravene any other law for the purpose of avoiding a contravention of regulation 6, Part 3 Division 2 (other than regulation 26) or such a condition of a work/rest hours exemption.

(2)A person must not enter into a contract or agreement with a party in the chain of responsibility in relation to a regulated heavy vehicle that would encourage or provide an incentive to the party in the chain of responsibility to cause the driver—

(a)to contravene regulation 6; or

(b)to contravene Part 3 Division 2 (other than regulation 26); or

(c)to contravene a condition of a work/rest hours exemption setting out the work times and rest times applicable to the driver under the exemption; or

(d)to contravene any other law for the purpose of avoiding a contravention of regulation 6, Part 3 Division 2 (other than regulation 26) or such a condition of a work/rest hours exemption.

(3)A term of a contract or agreement that contravenes this regulation is void and of no effect.

(4)An offence against this regulation is a critical risk offence.

(5)In proceedings for an offence against this regulation, it is not necessary to prove that a driver did, in fact, contravene regulation 6, Part 3 Division 2, such a condition of a work/rest hours exemption or any other law.

Part 3—Work times and rest times

Division 1—Work times and rest times etc

14—Work times and rest times

(1)For the purposes of these regulations, the following time will be taken to be the work time of a driver:

(a)any time spent driving a regulated heavy vehicle (whether on a road or otherwise);

(b)any time spent doing tasks related to the operation of a regulated heavy vehicle.

(2)Without limiting subregulation (1)(b), the following will be taken to be tasks related to the operation of a regulated heavy vehicle:

(a)loading or unloading the vehicle;

(b)inspecting, servicing or repairing the vehicle;

(c)inspecting or attending to the load on the vehicle;

(d)cleaning the vehicle;

(e)refuelling the vehicle;

(f)performing marketing tasks in relation to the operation of the vehicle;

(g)in the case of a bus—attending to the passengers;

(h)assisting with or supervising a task referred to above;

(i)recording information, or completing a document, in accordance with a requirement of the Act or any other Act in relation to the vehicle.

(3)For the purposes of these regulations, any time that is not work time of a driver will be taken to be rest time.

(4)In this regulation—

marketing tasks include—

(a)arranging for the transport of passengers or goods; and

(b)canvassing for orders for the transport of passengers or goods.

15—Calculation of time periods

(1)The following provisions apply when calculating periods of work time and rest time of a driver:

(a)a period of work time that is less than 15 minutes in total will be taken to be 15 minutes work time;

(b)a period of work time that is greater than 15 minutes will be rounded up to the nearest 15 minutes;

(c)a period of rest time that is less than 15 minutes in total will be taken not to be rest time;

(d)a period of rest time that is greater than 15 minutes will be rounded down to the nearest 15 minutes;

(e)when counting time in a period, the time must not be counted from within rest time, but instead must be counted forward—

(i)if 1 or more major rest breaks are relevant to the period—from the end of a relevant major rest break; or

(ii)in any other case—from the end of a relevant period of rest time.

(2)For the purposes of calculating whether a period of work time or rest time of a driver is night work time or night rest time, the period must be calculated by reference to the time zone in which the base of the driver is located (including, to avoid doubt, where the work time or rest time occurs in a different time zone to that of the base of the driver).

(3)For the purposes of these regulations, any time spent by a driver in another jurisdiction of the participating zone is to be treated in the same way as if the time had been spent in this jurisdiction.

(4)The following provisions apply in the case of a driver entering this jurisdiction from a non‑participating jurisdiction:

(a)if, within the preceding 7 days, the driver has spent any period of work time in the participating zone—any time spent by the driver in the non‑participating zone is to be treated in the same way as if the time had been spent in this jurisdiction;

(b)if, within the preceding 7 days, the driver has spent work time in the non‑participating zone only—

(i)any time spent by the driver in a non‑participating jurisdiction prior to his or her last major rest break is to be disregarded for the purposes of these regulations; and

(ii)any time spent by the driver in the non‑participating jurisdiction after the commencement of his or her last major rest break is to be treated in the same way as if the time had been spent in this jurisdiction.

Division 2—Standard hours, BFM hours and AFM hours etc

16—Standard hours—solo drivers

(1)This regulation does not apply in relation to drivers working under—

(a)standard hours for a solo driver (buses) referred to in regulation 17; or

(b)BFM or AFM accreditation; or

(c)a work/rest hours exemption.

(2)The table in Schedule 1 sets out the standard hours for a solo driver.

(3)During any period specified in column 1 of the table in Schedule 1, a solo driver—

(a)if a maximum work time is specified in column 2 of the table in relation to the period—must not work for more than that amount of work time; and

(b)must have the remainder of the period as rest time, including at least the period or periods of continuous rest time and stationary rest time specified in column 3 (if any),

(and if that specified period includes any lesser periods specified in column 1 of the table, he or she must also comply with paragraphs (a) and (b) in relation to each of those lesser periods).

(4)An offence against subregulation (3) is an offence of the kind specified in column 4 of the table in Schedule 1 in relation to the conduct constituting the offence.

(5)A party in the chain of responsibility in relation to a regulated heavy vehicle must ensure that a solo driver of the vehicle does not contravene subregulation (3).

(6)An offence against subregulation (5) is an offence of the kind specified in column 4 of the table in Schedule 1 in relation to the conduct constituting the offence against subregulation (3) by the driver.

(7)A person charged has the benefit of the reasonable steps defence for an offence against this regulation.

17—Standard hours—solo drivers (buses)

(1)This regulation does not apply in relation to drivers working under—

(a)standard hours for a solo driver referred to in regulation 16; or

(b)BFM or AFM accreditation; or

(c)a work/rest hours exemption.

(2)The table in Schedule 2 sets out the standard hours for a solo driver of a regulated heavy vehicle that is a bus.

(3)During any period specified in column 1 of the table in Schedule 2, a solo driver of a regulated heavy vehicle that is a bus—

(a)if a maximum work time is specified in column 2 of the table in relation to the period—must not work for more than that amount of work time; and

(b)must have the remainder of the period as rest time, including at least the period or periods of continuous rest time and stationary rest time specified in column 3 (if any),

(and if that specified period includes any lesser periods specified in column 1 of the table, he or she must also comply with paragraphs (a) and (b) in relation to each of those lesser periods).

(4)An offence against subregulation (3) is an offence of the kind specified in column 4 of the table in Schedule 2 in relation to the conduct constituting the offence.

(5)A party in the chain of responsibility in relation to a regulated heavy vehicle that is a bus must ensure that a solo driver of the vehicle does not contravene subregulation (3).

(6)An offence against subregulation (5) is an offence of the kind specified in column 4 of the table in Schedule 2 in relation to the conduct constituting the offence against subregulation (3) by the driver.

(7)A person charged has the benefit of the reasonable steps defence for an offence against this regulation.

18—Special provision for solo drivers of buses

A solo driver of a regulated heavy vehicle that is a bus (other than a driver working under BFM or AFM accreditation or under a work/rest hours exemption) may choose to drive in accordance with—

(a)the standard hours for a solo driver under regulation 16; or

(b)the standard hours for a solo driver (buses) under regulation 17,

(but not both).

19—Standard hours—two‑up drivers

(1)This regulation does not apply in relation to drivers working under—

(a)BFM or AFM accreditation; or

(b)a work/rest hours exemption.

(2)The table in Schedule 3 sets out the standard hours for a two‑up driver.

(3)During any period specified in column 1 of the table in Schedule 3, a two‑up driver—

(a)if a maximum work time is specified in column 2 of the table in relation to the period—must not work for more than that amount of work time; and

(b)must have the remainder of the period as rest time, including at least the period or periods of continuous rest time and stationary rest time specified in column 3 (if any),

(and if that specified period includes any lesser periods specified in column 1 of the table, he or she must also comply with paragraphs (a) and (b) in relation to each of those lesser periods).

(4)Despite any other provision of these regulations, a required period of stationary rest time of not more than 5 hours may be taken in an approved sleeper berth of the regulated heavy vehicle being driven under the two‑up driving arrangement (whether or not the vehicle is stationary at the time such rest is taken).

(5)An offence against subregulation (3) is an offence of the kind specified in column 4 of the table in Schedule 3 in relation to the conduct constituting the offence.

(6)A party in the chain of responsibility in relation to a regulated heavy vehicle must ensure that a driver of the vehicle does not contravene subregulation (3).

(7)An offence against subregulation (6) is an offence of the kind specified in column 4 of the table in Schedule 3 in relation to the conduct constituting the offence against subregulation (3) by the driver.

(8)A person charged has the benefit of the reasonable steps defence for an offence against this regulation.

20—Additional defence related to short rest breaks

(1)In proceedings for an offence against regulation 16, 17 or 19, it is a defence if the person charged establishes that—

(a)the alleged offence could have been avoided if he or she had taken a short rest break; and

(b)at a time when he or she could have avoided committing the alleged offence by taking a short rest break there was no suitable rest place; and

(c)he or she took a short rest break at the next suitable rest place (and in any event took a short rest break within 45 minutes of the alleged commission of the offence).

(2)In this regulation—

short rest break means rest time of not more than 1 hour;

suitable rest place means—

(a)an area designated as a rest area for regulated heavy vehicles; or

(b)an area in which a regulated heavy vehicle can lawfully be parked,

and in which the person charged could in fact lawfully park the regulated heavy vehicle at the relevant time.

21—BFM hours—solo drivers working under BFM accreditation

(1)This regulation applies in relation to solo drivers working under BFM accreditation, but does not apply to a solo driver working under a work/rest hours exemption granted in combination with BFM accreditation.

(2)The table in Schedule 4 sets out the BFM hours for a solo driver.

(3)During any period specified in column 1 of the table in Schedule 4, a solo driver—

(a)if a maximum work time is specified in column 2 of the table in relation to the period—must not work for more than that amount of work time; and

(b)must have the remainder of the period as rest time, including at least the period or periods of continuous rest time and stationary rest time specified in column 3 (if any),

(and if that specified period includes any lesser periods specified in column 1 of the table, he or she must also comply with paragraphs (a) and (b) in relation to each of those lesser periods).

(4)An offence against subregulation (3) is an offence of the kind specified in column 4 of the table in Schedule 4 in relation to the conduct constituting the offence.

(5)A party in the chain of responsibility in relation to a regulated heavy vehicle must ensure that a solo driver of the vehicle does not contravene subregulation (3).

(6)An offence against subregulation (5) is an offence of the kind specified in column 4 of the table in Schedule 4 in relation to the conduct constituting the offence against subregulation (3) by the driver.

(7)A person charged has the benefit of the reasonable steps defence for an offence against this regulation.

22—Additional defence related to split rest breaks

(1)In proceedings for an offence against regulation 21(3), it is a defence if the person charged establishes that—

(a)he or she was, at the relevant time, driving under BFM hours for solo drivers; and

(b)the alleged offence could have been avoided if he or she had taken continuous rest time of not less than 7 hours; and

(c)he or she had taken a split rest break within the 24 hours preceding the commission of the alleged offence; and

(d)he or she had not taken a split rest break within the 24 hours preceding the period referred to in paragraph (c).

(2)In this regulation—

split rest break—a driver takes a split rest break if he or she has 2 periods of rest time within a period of 24 hours, with 1 such period consisting of not less than 6 continuous hours of rest time, and the other consisting of not less than 2 continuous hours of rest time.

23—BFM hours—two‑up drivers working under BFM accreditation

(1)This regulation applies in relation to two‑up drivers working under BFM accreditation, but does not apply to a two‑up driver working under a work/rest hours exemption granted in combination with BFM accreditation.

(2)The table in Schedule 5 sets out the BFM hours for a two‑up driver.

(3)During any period specified in column 1 of the table in Schedule 5, a two‑up driver—

(a)if a maximum work time is specified in column 2 of the table in relation to the period—must not work for more than that amount of work time; and

(b)must have the remainder of the period as rest time, including at least the period or periods of continuous rest time and stationary rest time specified in column 3 (if any),

(and if that specified period includes any lesser periods specified in column 1 of the table, he or she must also comply with paragraphs (a) and (b) in relation to each of those lesser periods).

(4)An offence against subregulation (3) is an offence of the kind specified in column 4 of the table in Schedule 5 in relation to the conduct constituting the offence.

(5)A party in the chain of responsibility in relation to a regulated heavy vehicle must ensure that a two‑up driver of the vehicle does not contravene subregulation (3).

(6)An offence against subregulation (5) is an offence of the kind specified in column 4 of the table in Schedule 5 in relation to the conduct constituting the offence against subregulation (3) by the driver.

(7)A person charged has the benefit of the reasonable steps defence for an offence against this regulation.

24—AFM hours—driving hours for drivers working under AFM accreditation

(1)This regulation applies in relation to drivers working under AFM accreditation, but does not apply to a driver working under a work/rest hours exemption granted in combination with AFM accreditation.

(2)The conditions of AFM accreditation set out the work times and rest times (the AFM hours) that apply to a driver working under the accreditation.

(3)In relation to a period specified in the AFM accreditation, a driver working under the accreditation—

(a)must not work for more than the maximum work time specified in the AFM hours for that period; and

(b)must have an amount of rest time not less than the minimum rest time specified in the AFM hours for that period.

(4)An offence against subregulation (3) is an offence of the kind specified in column 4 of the table in Schedule 6 Part 1 in relation to the conduct constituting the offence as specified in column 2 or 3 of that table (as the case requires).

(5)A party in the chain of responsibility in relation to a regulated heavy vehicle must ensure that a driver of the vehicle does not contravene subregulation (3).

(6)An offence against subregulation (5) is an offence of the kind specified in column 4 of the table in Schedule 6 Part 1 in relation to the conduct (as specified in column 2 or 3 of that table (as the case requires)) constituting the offence against subregulation (3) by the driver.

(7)A person charged has the benefit of the reasonable steps defence for an offence against this regulation.

25—AFM hours—offences related to AFM outer limits

(1)This regulation applies in relation to drivers working under AFM accreditation, but does not apply to a driver working under a work/rest hours exemption granted in combination with AFM accreditation.

(2)The table in Schedule 2 of the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008 (the outer limits table) sets out the AFM outer limits for the maximum permitted amount of work time, and minimum required amount of rest time, in relation to a driver working under AFM accreditation.

(3)In relation to a period referred to in column 1 of the outer limits table, a driver working under AFM accreditation—

(a)must not exceed the amount of work time referred to in column 2 of the table; and

(b)must have the remainder of the period as rest time, including at least the period referred to in column 3 of the table which must be stationary rest time.

(4)Despite subregulation (3), in the case of a two‑up driver, a required period of stationary rest time of 6 continuous hours, or 8 hours taken in no more than 2 blocks, may be taken in an approved sleeper berth of the regulated heavy vehicle being driven under the two‑up driving arrangement (whether or not the vehicle is stationary at the time such rest is taken).

(5)An offence against subregulation (3) is an offence of the kind specified in column 4 of the table in Schedule 6 Part 2 in relation to the conduct constituting the offence as specified in column 2 or 3 of that table (as the case requires).

(6)A party in the chain of responsibility in relation to a regulated heavy vehicle must ensure that a driver of the vehicle does not contravene subregulation (3).

(7)An offence against subregulation (6) is an offence of the kind specified in column 4 of the table in Schedule 6 Part 2 in relation to the conduct (as specified in column 2 or 3 of that table (as the case requires)) constituting the offence against subregulation (3) by the driver.

(8)A person charged has the benefit of the reasonable steps defence for an offence against this regulation.

26—Changing a work/rest hours option

(1)A driver may only drive under 1 work/rest hours option at any particular time.

(2)Subject to this regulation, a driver may change from a particular work/rest hours option to a different work/rest hours option.

(3)A driver changing from 1 work/rest hours option to another must not drive a regulated heavy vehicle unless—

(a)in the case of a change from standard hours or from BFM hours—

(i)the driver has complied with any work time and rest time requirements of the work/rest hours option to which he or she has changed; or

(ii)the driver has had a reset rest break; or

(b)in the case of a change from AFM hours or the hours under a work/rest hours exemption—the driver has had a reset rest break,

and, in any case, the driver has complied with any other requirement of the work/rest hours option to which he or she has changed.

(4)An offence against subregulation (3) is a substantial risk offence.

(5)The employer or prime contractor (if any) of a driver, the operator of a regulated heavy vehicle driven by the driver and the scheduler in relation to the driver or vehicle must ensure—

(a)that the driver, if he or she has changed work/rest hours options, does not drive a regulated heavy vehicle unless he or she has complied with subregulation (3); and

(b)that the driver can comply with all of his or her obligations in relation to the change.

(6)An offence against subregulation (5) is a severe risk offence.

(7)A person charged has the benefit of the reasonable steps defence for an offence against this regulation.

(8)For the purposes of these regulations, if a driver has had a reset rest break when changing work/rest hours options, the period to which the new work/rest hours option relates will be taken to have commenced at the end of the reset rest break.

(9)In this regulation—

reset rest break means a period of at least 48 hours continuous rest time.

Division 3—BFM and AFM documentation etc

27—Driver working under BFM accreditation to carry certain documentation

(1)A driver working under an operator's BFM accreditation must, while driving a regulated heavy vehicle under the accreditation, have in his or her possession—

(a)a copy of the operator's current BFM accreditation certificate; and

(b)a statement signed by the operator stating—

(i)that the driver is working under the operator's BFM accreditation; and

(ii)that the driver has been inducted into the operator's BFM Fatigue Management System; and

(iii)that the driver meets any requirements relating to drivers under the accreditation.

Maximum penalty: $2 500.

(2)An operator granted BFM accreditation must take all reasonable steps to ensure that a driver working under the accreditation does not contravene subregulation (1).

Maximum penalty:

(a)if the offender is a natural person—$2 500;

(b)if the offender is a body corporate—$12 500.

(3)A driver who has a document of a kind referred to in subregulation (1) in his or her possession must, as soon as is reasonably practicable, return the document to the operator if—

(a)the driver ceases working under the operator's BFM accreditation; or

(b)the driver ceases to meet a requirement relating to drivers under the accreditation; or

(c)the driver is informed that the operator's BFM accreditation has been varied, suspended, revoked or has otherwise ceased to be in force.

Maximum penalty: $2 500.

(4)In this regulation—

accreditation certificate means an accreditation certificate (within the meaning of the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008) issued under those regulations in relation to an operator's BFM accreditation.

28—Driver working under AFM accreditation to carry certain documentation

(1)A driver who is working under an operator's AFM accreditation must, while driving a regulated heavy vehicle under the accreditation, have the following documents in his or her possession:

(a)a copy of the operator's current AFM accreditation certificate;

(b)a document setting out the AFM hours that apply under the operator's AFM accreditation;

(c)a statement signed by the operator stating—

(i)that the driver is working under the operator's AFM accreditation; and

(ii)that the driver has been inducted into the operator's AFM Fatigue Management System; and

(iii)that the driver meets any requirements relating to drivers under the accreditation.

Maximum penalty: $2 500.

(2)An operator granted AFM accreditation must take all reasonable steps to ensure that a driver working under the accreditation does not contravene subregulation (1).

Maximum penalty:

(a)if the offender is a natural person—$2 500;

(b)if the offender is a body corporate—$12 500.

(3)A driver who has a document of a kind referred to in subregulation (1) in his or her possession must, as soon as is reasonably practicable, return the document to the operator if—

(a)the driver ceases working under the operator's AFM accreditation; or

(b)the driver ceases to meet a requirement relating to drivers under the accreditation; or

(c)the driver is informed that the operator's AFM accreditation has been varied, suspended, revoked or has otherwise ceased to be in force.

Maximum penalty: $2 500.

(4)In this regulation—

accreditation certificate means an accreditation certificate (within the meaning of the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008) issued under those regulations in relation to an operator's AFM accreditation.

Part 4—Record keeping

Division 1—Work diaries

Subdivision 1—Written work diaries

29—Form of written work diaries

(1)A written work diary must be in a form determined by the Authority.

(2)The Authority must, in making a determination under subregulation (1), have regard to, and seek to give effect to, the format for written work diaries approved by the ATC by notice in the Commonwealth Government Gazette.

(3)Without limiting this regulation, a written work diary must contain—

(a)a unique identifying number for the written work diary; and

(b)sequentially numbered daily sheets for making daily records; and

(c)provision for recording information on the daily sheets; and

(d)2 copies of each daily sheet (not including the original); and

(e)if an application form is contained in the diary—a duplicate of that form; and

(f)instructions for using the written work diary,

and may contain any other information or form the Authority thinks fit.

30—Issue of written work diaries

(1)The Authority must, on application by a driver made in accordance with this regulation, issue a written work diary to the driver.

(2)A driver making an application under subregulation (1) must identify himself or herself by producing his or her driver's licence to the Authority.

(3)An application under subregulation (1)—

(a)without limiting subregulation (2), must be made in a manner determined by the Authority and in a form approved by the ATC by notice in the Commonwealth Government Gazette; and

(b)must be accompanied by the fee set out in Schedule 8; and

(c)in the case of an application for a replacement written work diary (other than a replacement for a destroyed, lost or stolen diary)—must be accompanied by the previous diary; and

(d)in the case of an application for a replacement written work diary that is a replacement for a destroyed, lost or stolen diary—must be accompanied by a statement setting out the identifying number of the destroyed, lost or stolen diary and the circumstances surrounding its destruction, loss or theft; and

(e)must be accompanied by any other information reasonably required by the Authority.

(4)The Authority must, on issuing a written work diary under this regulation, record in the diary the date, time and place of issue.

(5)The Authority must, if an application under this regulation is accompanied by a previous diary in accordance with subregulation (3)(c), cancel any unused daily sheets in the diary by writing in large letters the word "cancelled" across each such sheet and return the diary to the applicant on issuing the new written work diary.

(6)The Authority must, if a written work diary is issued under this regulation to a driver whose base is in another jurisdiction in the participating zone—

(a)notify the corresponding Authority in that jurisdiction of the following:

(i)the identifying number of the diary;

(ii)the name and driver's licence number of the driver;

(iii)the date, time and place of issue; and

(b)provide the corresponding Authority with—

(i)a statement setting out the reasons why the Authority issued the diary; or

(ii)a copy of the driver's application for the issue of a written work diary.

Subdivision 2—Electronic work diaries

31—Approval of certain systems as electronic work diaries

(1)The Authority may, on application by a person, approve an electronic information recording system for use as an electronic work diary for the purposes of these regulations.

(2)However, the Authority may only approve an electronic information recording system for use as an electronic work diary if the Authority is satisfied that—

(a)the system is suitable for fitting to, or use in, a regulated heavy vehicle; and

(b)the system is fitted with a device that indicates to a driver of the regulated heavy vehicle whether the system is functioning properly; and

(c)the information required to be entered by a driver in his or her work diary under regulation 40 can be stored in, and retrieved from, the system; and

(d)the information required to be entered by a driver in his or her work diary under regulation 40 can be retrieved from the system by an authorised officer or police officer, while the regulated heavy vehicle is on the road—

(i)in a manner that is reasonably accessible to the officer; and

(ii)in a form that is reasonably capable of being understood by the officer; and

(iii)in a form that is capable of being used as evidence; and

(e)if the system is fitted to a regulated heavy vehicle that is driven, or likely to be driven, by more than 1 driver—

(i)the name of the driver to which particular information relates is displayed whenever that information is accessed; and

(ii)information recorded by, or in relation to, a particular driver is distinguishable from information recorded by, or in relation to, any other driver;

(iii)the information required to be entered by a driver in his or her work diary under regulation 40 can be separately accessed in relation to each driver of the vehicle;

(iv)a driver cannot record the information required to be entered by a driver in his or her work diary under regulation 40 in relation to another driver; and

(f)the system is fitted with a device that prevents a person from altering information recorded on the system once the driver of the regulated heavy vehicle at the relevant time has confirmed the accuracy of the information; and

(g)if the system is such as to allow information to be sent from the system to a record keeper of a driver of the regulated heavy vehicle—the system is fitted with a device that indicates to the driver whether particular information has in fact been sent.

(3)An approval under subregulation (1) may be conditional or unconditional.

(4)An approval under subregulation (1) will be taken to be an approval of any electronic information recording system that is identical to the approved system (and any condition imposed on the initial approval under this regulation, and any variation or revocation of the condition, will be taken to apply to any approval effected by the operation of this subregulation).

(5)In determining whether to grant an approval under subregulation (1), the Authority must have regard to, and seek to give effect to, any recommendation of, or guidelines published by, the ATC by notice in the Commonwealth Government Gazette in relation to the approval of electronic work diaries.

(6)The Authority must, on granting an approval under subregulation (1), issue a numbered certificate of approval to the person granted the approval (and, for the purposes of these regulations, the person to whom the certificate of approval is issued will be taken to be the person holding the approval).

(7)An application under subregulation (1) must—

(a)be made in a manner determined by the Authority and in the form approved by the ATC by notice in the Commonwealth Government Gazette; and

(b)be accompanied by the fee set out in Schedule 8; and

(c)be accompanied by any other information reasonably required by the Authority.

(8)If the Authority refuses to grant an application under subregulation (1), the Authority must, by notice in writing, inform the applicant of that fact.

(9)A notice under subregulation (8) must state—

(a)the Authority's decision; and

(b)the reasons for the Authority's decision; and

(c)that the applicant may apply to have the decision reconsidered.

32—Variation or revocation of approval

(1)The Authority may—

(a)of its own motion; or

(b)on application by a person,

vary or revoke an approval granted under regulation 31.

(2)However, the Authority may only vary or revoke an approval under subregulation (1)(a) if the Authority is satisfied that—

(a)in the case of a variation—

(i)the application for approval was false or misleading in a material particular; or

(ii)after the approval was granted, a change has occurred in relation to a matter that the Authority must consider in determining whether to grant such an approval (and the approval, as varied by the proposed variation, would have been granted had such change occurred before the approval was granted); or

(b)in the case of a revocation—

(i)the application for approval was false or misleading in a material particular; or

(ii)after the approval was granted, a change has occurred in relation to a matter that the Authority must consider in determining whether to grant such an approval (and the approval would not have been granted had such change occurred before the approval was granted).

(3)Before varying or revoking an approval under subregulation (1)(a), the Authority must—

(a)give notice in writing of the proposed variation or revocation to the person holding the approval; and

(b)consider any submission provided by the person within the specified time in response to the notice.

(4)A notice under subregulation (3) must—

(a)detail the proposed variation or state that the approval is to be revoked (as the case requires); and

(b)detail the ground for the proposed variation or revocation (including any information forming the basis for the ground); and

(c)invite the person to make a submission in writing to the Authority within a specified time (being not less than 14 days after the notice is given to the person) as to why the proposed variation or revocation should not be made.

(5)An application under subregulation (1)(b) must—

(a)be made in a manner and form determined by the Authority; and

(b)be accompanied by the fee set out in Schedule 8; and

(c)be accompanied by any other information reasonably required by the Authority.

(6)The Authority may, by notice in writing, require an applicant under subregulation (1)(b) to provide the Authority with additional information reasonably required to determine the application.

(7)The Authority must determine an application made under subregulation (1)(b) as soon as is reasonably practicable after the application is received.

(8)If the Authority varies or revokes an approval under this regulation, or refuses to vary or revoke an approval, the Authority must, by notice in writing, inform—

(a)in the case of a variation or revocation under subregulation (1)(a)—the person holding the approval; or

(b)in the case of a variation or revocation under subregulation (1)(b)—the applicant under that paragraph,

of that fact.

(9)A notice under subregulation (8) must state—

(a)the Authority's decision; and

(b)the reasons for the Authority's decision; and

(c)that the person may apply to have the decision reconsidered.

(10)A variation or revocation under this regulation has effect—

(a)when the notice under subregulation (8) is given to the relevant person; or

(b)at such later time as may be specified in that notice.

33—Notification of variation or revocation of approval

(1)The Authority—

(a)may, if the Authority varies an approval under regulation 32 and is of the opinion that the variation will, or is likely to, significantly affect the way an electronic work diary the subject of the approval is to be used; and

(b)must, if the Authority revokes an approval under that regulation,

by notice in writing, direct the person holding the approval, or the person who held the approval immediately before it was varied or revoked, to notify in the specified manner and within the specified period each person to whom the person holding the approval has supplied an electronic work diary the subject of the approval of the variation or revocation (as the case requires).

(2)A person who refuses or fails to comply with a direction under this regulation is guilty of an offence.

Maximum penalty:

(a)if the offender is a natural person—$5 000;

(b)if the offender is a body corporate—$25 000.

(3)Without limiting this regulation, a notification required to be given under subregulation (1) may, with the written consent of the Authority, be given by the person publishing details of the variation or revocation (and any other information specified by the Authority in the written consent) using at least 2 of the following methods:

(a)by notice published in a newspaper or newspapers determined by the Authority;

(b)by notice published in a publication determined by the Authority;

(c)on a website determined by the Authority.

(4)Nothing in this regulation prevents the Authority from publishing details of a variation or revocation under regulation 32 in any manner it thinks fit.

(5)A failure to comply with this regulation does not invalidate a variation or revocation.

(6)A person charged has the benefit of the reasonable steps defence for an offence against this regulation.

34—Labelling of electronic work diaries

(1)A person holding an approval under regulation 31 may affix, or cause to be affixed, to each component of a system the subject of the approval, a label—

(a)that indicates that the component is, or forms part of, a system approved for use as an electronic work diary; and

(b)that states the number of the certificate of approval issued under that regulation in relation to the system.

(2)A label affixed under this regulation must be in a form, and be affixed in a manner, determined by the Authority.

(3)A person must not affix, or cause to be affixed, to a thing a label—

(a)that indicates that the thing is, or forms part of, an electronic work diary, or a system approved for use as an electronic work diary; or

(b)that purports to be the number of a certificate of approval issued under regulation 31,

if the person knows, or ought reasonably to have known, that the thing is not, in fact, a component of a system approved for use as an electronic work diary under regulation 31.

Maximum penalty: $5 000.

(4)For the purposes of these regulations, a person is entitled to rely on a label or labels apparently affixed in accordance with this regulation as proof that the system is an electronic work diary unless he or she knows, or ought reasonably to have known, that the system is not, in fact, the subject of an approval under regulation 31.

35—Removal of labels

(1)If the Authority revokes an approval under regulation 32, the person holding the approval must, as soon as practicable after being notified of the revocation in accordance with that regulation—

(a)remove any labels affixed under regulation 34 from each component of each system the subject of the approval that is in his or her possession; and

(b)notify in writing each person to whom the person holding the approval has supplied an electronic work diary the subject of the approval of the revocation.

Maximum penalty:

(a)if the offender is a natural person—$5 000;

(b)if the offender is a body corporate—$25 000.

(2)A person notified under subregulation (1)(b) must, as soon as practicable after being notified of the revocation in accordance with that paragraph, remove any labels affixed under regulation 34 from each component of each system the subject of the approval that is in his or her possession.

Maximum penalty:

(a)if the offender is a natural person—$5 000;

(b)if the offender is a body corporate—$25 000.

36—How electronic work diary to be operated and maintained

(1)A driver using an electronic work diary must operate and maintain the diary—

Schedule 4—BFM hours—solo drivers working under BFM accreditation

Period	Max work time	Min rest time	Offence category
6¼ hours	6 hours	15 continuous minutes of rest time	if more than 6 hours work time—minor risk offence
9 hours	8½ hours	30 minutes of rest time in blocks of not less than 15 continuous minutes	if more than 8½ hours work time—minor risk offence
12 hours	11 hours	60 minutes of rest time in blocks of not less than 15 continuous minutes	if—     (a)     not more than 11¾ hours work time—minor risk offence
(b)    more than 11¾ hours work time—substantial risk offence
24 hours	14 hours	7 continuous hours of stationary rest time	if—     (a)     not more than 14¾ hours work time—minor risk offence
(b)    more than 14¾ but not more than 15¼ hours work time—substantial risk offence
(c)     more than 15¼ but not more than 15½ hours work time—severe risk offence
(d)    more than 15½ hours work time—critical risk offence
(e)     less than 7 but not less than 6¼ continuous hours of stationary rest time—minor risk offence
(f)     less than 6¼ but not less than 5¾ continuous hours of stationary rest time—substantial risk offence
(g)    less than 5¾ but not less than 5½ continuous hours of stationary rest time—severe risk offence
(h)    less than 5½ continuous hours of stationary rest time—critical risk offence
168 hours or 7 days	36 hours long/night work time	if—     (a)     not more than 36¾ hours long/night work time—minor risk offence
(b)    more than 36¾ but not more than 37¼ hours long/night work time—substantial risk offence
(c)     more than 37¼ but not more than 37½ hours long/night work time—severe risk offence
(d)    more than 37½ hours long/night work time—critical risk offence
336 hours or 14 days	144 hours	24 continuous hours of stationary rest time taken after not more than 84 hours of work time; plus	if—     (a)     not more than 145½ hours work time—minor risk offence
24 continuous hours of stationary rest time; plus	(b)    more than 145½ but not more than 146½ hours work time—substantial risk offence
4 night rest breaks (2 of which must be taken on consecutive days)	(c)     more than 146½ but not more than 147 hours work time—severe risk offence
(d)    more than 147 hours work time—critical risk offence
(e)     less than 24 but not less than 23¼ continuous hours of stationary rest time in any required block—minor risk offence
(f)     less than 23¼ but not less than 22¾ continuous hours of stationary rest time in any required block—substantial risk offence
(g)    less than 22¾ but not less than 22½ continuous hours of stationary rest time in any required block—severe risk offence
(h)    less than 22½ continuous hours of stationary rest time in any required block—critical risk offence
(i)     less than 7 but not less than 6¼ continuous hours of stationary rest time in any required night rest break—minor risk offence
(j)     less than 6¼ but not less than 5¾ continuous hours of stationary rest time in any required night rest break—substantial risk offence
(k)     less than 5¾ but not less than 5½ continuous hours of stationary rest time in any required night rest break—severe risk offence
(l)     less than 5½ continuous hours of stationary rest time in any required night rest break—critical risk offence

Schedule 5—BFM hours—two‑up drivers working under BFM accreditation

Period	Max work time	Min rest time	Offence category
24 hours	14 hours	if—     (a)     not more than 14¾ hours work time—minor risk offence
(b)    more than 14¾ but not more than 15¼ hours work time—substantial risk offence
(c)     more than 15¼ but not more than 15½ hours work time—severe risk offence
(d)    more than 15½ hours work time—critical risk offence
82 hours	10 continuous hours of stationary rest time	if—     (a)     less than 10 but not less than 9¼ continuous hours of stationary rest time—minor risk offence
(b)    less than 9¼ but not less than 8¾ continuous hours of stationary rest time—substantial risk offence
(c)     less than 8¾ but not less than 8½ continuous hours of stationary rest time—severe risk offence
(d)    less than 8½ continuous hours of stationary rest time—critical risk offence
168 hours or 7 days	70 hours	24 continuous hours of stationary rest time; plus	if—     (a)     not more than 71½ hours work time—minor risk offence
24 hours of stationary rest time in blocks of not less than 7 continuous hours	(b)    more than 71½ but not more than 72½ hours work time—substantial risk offence
(c)     more than 72½ but not more than 73 hours work time—severe risk offence
(d)    more than 73 hours work time—critical risk offence
(e)     less than 24 but not less than 23¼ continuous hours of stationary rest time—minor risk offence
(f)     less than 23¼ but not less than 22¾ continuous hours of stationary rest time—substantial risk offence
(g)    less than 22¾ but not less than 22½ continuous hours of stationary rest time—severe risk offence
(h)    less than 22½ continuous hours of stationary rest time—critical risk offence
(i)     less than 7 but not less than 6¼ continuous hours of stationary rest time in any required 7 hour block of stationary rest time—minor risk offence
(j)     less than 6¼ but not less than 5¾ continuous hours of stationary rest time in any required 7 hour block of stationary rest time—substantial risk offence
(k)     less than 5¾ but not less than 5½ continuous hours of stationary rest time in any required 7 hour block of stationary rest time—severe risk offence
(l)     less than 5½ continuous hours of stationary rest time in any required 7 hour block of stationary rest time—critical risk offence
(m)    less than 24 but not less than 23¼ hours of stationary rest time in total (not being a 24 continuous hour period)—minor risk offence
(n)    less than 23¼ but not less than 22¾ hours of stationary rest time in total (not being a 24 continuous hour period)—substantial risk offence
(o)    less than 22¾ but not less than 22½ hours of stationary rest time in total (not being a 24 continuous hour period)—severe risk offence
(p)    less than 22½ hours of stationary rest time in total (not being a 24 continuous hour period)—critical risk offence
336 hours or 14 days	140 hours	4 night rest breaks	if—     (a)     not more than 141½ hours work time—minor risk offence
(b)    more than 141½ but not more than 142½ hours work time—substantial risk offence
(c)     more than 142½ but not more than 143 hours work time—severe risk offence
(d)    more than 143 hours work time—critical risk offence
(e)     less than 7 but not less than 6¼ continuous hours of stationary rest time in any required night rest break—minor risk offence
(f)     less than 6¼ but not less than 5¾ continuous hours of stationary rest time in any required night rest break—substantial risk offence
(g)    less than 5¾ but not less than 5½ continuous hours of stationary rest time in any required night rest break—severe risk offence
(h)    less than 5½ continuous hours of stationary rest time in any required night rest break—critical risk offence

Schedule 6—Offence categories in relation to AFM accreditation

Part 1—Offences against regulation 24 (driving hours for drivers working under AFM accreditation)

Period	Maximum work time	Minimum rest time	Offence category
less than 7 days	exceeds work time by not more than 45 minutes	has not more than 45 minutes less rest time than required	minor risk offence
exceeds work time by more than 45 minutes but not more than 75 minutes	has more than 45 minutes but not more than 75 minutes less rest time than required	substantial risk offence
exceeds work time by more than 75 minutes but not more than 90 minutes	has more than 75 minutes but not more than 90 minutes less rest time than required	severe risk offence
exceeds work time by more than 90 minutes	has more than 90 minutes less rest time than required	critical risk offence
not less than 7 days	exceeds work time by not more than 1½ hours	minor risk offence
exceeds work time by more than 1½ hours but not more than 2½ hours	substantial risk offence
exceeds work time by more than 2½ but not more than 3 hours	severe risk offence
exceeds work time by more than 3 hours	critical risk offence

Part 2—Offences against regulation 25 (offences related to AFM outer limits)

Period	Maximum work time	Minimum rest time	Offence category
less than 7 days	exceeds work time by not more than 15 minutes	has not more than 15 minutes less rest time than required	substantial risk offence
exceeds work time by more than 15 minutes but not more than 30 minutes	has more than 15 minutes but not more than 30 minutes less rest time than required	severe risk offence
exceeds work time by more than 30 minutes	has more than 30 minutes less rest time than required	critical risk offence
not less than 7 days	exceeds work time by not more than 30 minutes	substantial risk offence
exceeds work time by more than 30 minutes but not more than 1 hour	severe risk offence
exceeds work time by more than 1 hour	critical risk offence

Schedule 7—Offences against regulation 62 (offences relating to work time and rest time under work/rest hours exemption)

Period	Maximum work time	Minimum rest time	Offence category
less than 7 days	exceeds work time by not more than 45 minutes	has not more than 45 minutes less rest time than required	minor risk offence
exceeds work time by more than 45 minutes but not more than 75 minutes	has more than 45 minutes but not more 75 minutes less rest time than required	substantial risk offence
exceeds work time by more than 75 minutes but not more than 90 minutes	has more than 75 minutes but not more than 90 minutes less rest time than required	severe risk offence
exceeds work time by more than 90 minutes	has more than 90 minutes less rest time than required	critical risk offence
not less than 7 days	exceeds work time by not more than 1½ hours	minor risk offence
exceeds work time by more than 1½ hours but not more than 2½ hours	substantial risk offence
exceeds work time by more than 2½ but not more than 3 hours	severe risk offence
exceeds work time by more than 3 hours	critical risk offence

Schedule 8—Fees

Description	Fee
1	Application for issue of written work diary	$22
2	Application for approval of electronic work diary	$0
3	Application for variation or revocation of approval of electronic work diary	$0
4	Application for work/rest hours exemption	$0
5	Application for work diary exemption	$0
6	Application for variation or revocation of exemption	$0
7	Application for replacement written exemption	$0

Schedule 9—Transitional provisions

Part 1—Preliminary

1—Interpretation

(1)In this Schedule—

revoked regulations means the Road Traffic (Driving Hours) Regulations 1999.

(2)In this Schedule, the following terms have the same meaning as in the revoked regulations:

(a)driver certification manual;

(b)driving time;

(c)logbook;

(d)TFMS.

Part 2—Transitional class exemptions

Division 1—Transitional work/rest hours class exemption

2—Special provisions related to transitional work/rest hours class exemption

(1)Despite regulation 58(8), the Authority may, for transitional purposes, grant a work/rest hours exemption under regulation 58(2) (a transitional work/rest hours class exemption) on any grounds the Authority thinks fit.

(2)Without limiting regulation 58(3), a transitional work/rest hours class exemption is subject to the following conditions:

(a)the maximum work times and the minimum required rest times in relation to a driver working under the exemption are those set out in the notice in the Gazette in which the exemption is granted;

(b)subject to clause 11, a driver working under the exemption must record (in accordance with the instructions (if any) specified in the notice in the Gazette in which the exemption is granted) in his or her work diary the portion of any work time that is driving time;

(c)despite any other provision of these regulations, a driver working under the exemption must record (in accordance with the instructions (if any) in the notice in the Gazette in which the exemption is granted) in his or her work diary any change from work time that is driving time to work time that is not driving time, or from work time that is not driving time to work time that is driving time.

Note—

The notice in the Gazette in which the exemption is granted may set out further conditions that apply in relation to the exemption.

A driver who fails to comply with a condition of this exemption will not be covered by the exemption, and may be liable to prosecution under regulation 58(5) or 62 of the regulations.

(3)For the purposes of classifying an offence against regulation 62 by a driver working under a transitional work/rest hours class exemption consisting of exceeding the maximum driving hours in a 24 hour period by a particular amount, the offence is to be classified as if the offence were an offence of exceeding the maximum work times by the amount.

Part 3—Transitional TFMS

10—Transitional TFMS

(1)This clause applies to a driver who, immediately before the commencement of the Road Traffic (Driving Hours) Revocation Regulations 2008, was registered as a driver participant in TFMS under the revoked regulations or a corresponding law.

(2)The TFMS registration of—

(a)a driver to whom this clause applies; and

(b)a person who was registered as employer participant in TFMS immediately before the commencement of the Road Traffic (Driving Hours) Revocation Regulations 2008,

will be taken to continue until the first anniversary of the commencement of this clause (unless the registration is cancelled earlier in accordance with these regulations or the Road Traffic (Driving Hours) Revocation Regulations 2008).

(3)Regulation 34, 35, 37, Part 3 Division 4, Part 7 Division 1 and Part 7 Division 2 of the revoked regulations continue to apply in relation to a driver to whom this clause applies as if those regulations had not been revoked (and a reference in regulations 34 and 39 to "this Part" will be taken to be a reference to BFM hours (within the meaning of these regulations).

(4)Subject to this clause, a driver to whom this clause applies may, during the prescribed period, drive at BFM hours (the transitional TFMS).

(5)However, subclause (4) only applies to a driver if—

(a)the driver—

(i)carries his or her driver certification manual at all times while working under transitional TFMS (and such carriage will be taken to satisfy the requirements relating to the documents required to be carried under regulation 27(1)); and

(ii)complies with any requirement applicable to the driver under regulations 34 and 35 of the revoked regulations as if those regulations had not been revoked; and

(b)if the driver is an employed driver—the employer—

(i)is registered as an employer participant in TFMS; and

(ii)complies with any requirement applicable to the employer under regulation 39 of the revoked regulations as if those regulations had not been revoked.

(6)For the purposes of these regulations, transitional TFMS will be taken to be a work/rest hours option.

(7)For the purposes of Part 4 of these regulations—

(a)a driver working under transitional TFMS will be taken to be working under BFM accreditation; and

(b)a reference in that Part to an operator's BFM accreditation number will be taken to be a reference to the relevant TFMS registration number.

(8)This clause ceases to apply to a driver if the driver commences working under BFM or AFM accreditation or under a work/rest hours exemption.

(9)In this clause—

corresponding law has the same meaning as in the revoked regulations;

prescribed period means the period ending at the end of 28 September 2009.

Part 4—Miscellaneous transitional provisions

11—Provisions relating to logbooks

(1)A driver to whom a logbook has been issued under the revoked regulations or a corresponding law and that has not been filled may—

(a)for a period—

(i)if the driver is working under standard hours, or a transitional work/rest hours class exemption or transitional TFMS, or is a driver working under an exemption under Part 2 Division 2 of this Schedule—of not more than 90 days after the commencement of this clause; or

(ii)if the driver is working under BFM or AFM accreditation, or a work/rest hours exemption (whether or not granted in combination with BFM or AFM accreditation)—of not more than 14 days after the day on which he or she first worked under the accreditation or exemption, or not more 90 days after the commencement of this clause, whichever is the earlier; or

(b)until the logbook is filled; or

(c)until a written work diary is issued to the driver under these regulations or a corresponding fatigue law,

(whichever occurs first) use the logbook for the purpose of satisfying the requirements relating to written work diaries under these regulations as if the logbook were a written work diary (and the logbook will be taken to be a written work diary for the purposes of these regulations).

(2)The following provisions apply in relation to a driver who, immediately before the commencement of this clause, was not required under the revoked regulations to have a logbook:

(a)the driver is, for the period ending—

(i)14 days after the commencement of this clause; or

(ii)when a written work diary is issued to the driver under these regulations or a corresponding fatigue law,

(whichever is the earlier) (the relevant period), exempt from a requirement of Part 4 Division 1 Subdivision 3;

(b)the driver must, within 21 days after a day on which he or she drove a regulated heavy vehicle during the relevant period, give to his or her record keeper the following information:

(i)the driver's name;

(ii)the date of each day during the relevant period on which the driver drove a regulated heavy vehicle;

(iii)an estimate of the driver's total driving time, total work time and total rest time for each day during the relevant period on which the driver drove a regulated heavy vehicle;

(iv)an estimate of the driver's total driving time, total work time and total rest time for each week during the relevant period in which the driver drove a regulated heavy vehicle,

(and compliance with this paragraph will be taken to satisfy the requirements under regulation 45 in relation to the relevant period);

(c)for the purposes of regulation 38, a reference in that regulation to "this Subdivision" will be taken to be a reference to this subclause;

(d)for the purposes of regulation 44, the information required to be given to a record keeper under paragraph (b) will, in relation to the relevant period, be taken to be the information required to be kept under regulation 44(1) or (2) (as the case requires);

(e)regulation 46 does not apply in relation to the driver in respect of the relevant period.

(3)An application for a written work diary under regulation 30 must, if the driver has been issued a logbook under the revoked regulations or a corresponding law, be accompanied by the most recent logbook issued to the driver under those regulations.

(4)The Authority must, if an application for a written work diary is accompanied by a logbook in accordance with subclause (3), cancel any unused daily sheets in the logbook by writing in large letters the word "cancelled" across each such sheet and return the logbook to the applicant on issuing the written work diary.

(5)A requirement under subclause (3) or (4) is in addition to any requirement under regulation 30.

(6)A requirement under regulation 39(1) that a driver keep in a vehicle a work diary containing certain information for the preceding 28 days also applies to a driver who, during the preceding 28 days referred to in that subregulation, was required to record information in a logbook under the revoked regulations (and a reference in that subregulation to information required under regulation 40 will, in relation to the information required to be recorded in the logbook, be taken to be a reference to the information required to be kept under Part 4 Division 2 of the revoked regulations).

(7)For the purposes of regulation 39, a reference to a work diary includes, in the case of a driver who has used a logbook during the relevant period, a reference to the logbook.

(8)Regulation 48 does not apply in relation to unused daily sheets in a logbook cancelled in accordance with subclause (4).

(9)In this clause—

corresponding law has the same meaning as in the revoked regulations.

12—Compliance with transitional provision of corresponding fatigue law

For the purposes of these regulations, if a driver whose base is in another participating jurisdiction undertakes work in accordance with a provision of a transitional nature under a corresponding fatigue law of that jurisdiction, the driver, and any parties in the chain of responsibility in relation to the driver, will be taken to have complied with these regulations and the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008 in relation to such work.

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

The Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008 were revoked by r 3 of the Road Traffic Revocation Regulations 2013 on 10.2.2014.

Principal regulations and variations

Year	No	Reference	Commencement
2008	250	Gazette 11.9.2008 p4305	29.9.2008:  r 2
2010	98	Gazette 10.6.2010 p2844	1.7.2010: r 2
2011	120	Gazette 9.6.2011 p2271	1.7.2011: r 2
2011	231	Gazette 27.10.2011 p4357	10.11.2011: r 2
2012	81	Gazette 31.5.2012 p2360	1.7.2012: r 2
2013	130	Gazette 6.6.2013 p2338	1.7.2013: r 2

Provisions varied

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
Pt 1
r 2	omitted under Legislation Revision and Publication Act 2002	1.7.2010
Pt 3
r 15
r 15(1)	varied by 231/2011 r 4	10.11.2011
Sch 8	substituted by 98/2010 r 4	1.7.2010
substituted by 120/2011 r 4	1.7.2011
substituted by 81/2012 r 4	1.7.2012
varied by 130/2013 r 4	1.7.2013
Sch 9
Pt 2 Div 2
heading	omitted under Legislation Revision and Publication Act 2002	10.11.2011
cl 3	expired: cl 3(3)—omitted under Legislation Revision and Publication Act 2002	(28.9.2011)
cl 4	expired: cl 4(4)—omitted under Legislation Revision and Publication Act 2002	(28.9.2011)
cl 5	expired: cl 5(6)—omitted under Legislation Revision and Publication Act 2002	(28.9.2011)
cl 6	expired: cl 6(4)—omitted under Legislation Revision and Publication Act 2002	(28.9.2011)
cl 7	expired: cl 7(6)—omitted under Legislation Revision and Publication Act 2002	(28.9.2011)
cl 8	expired: cl 8(5)—omitted under Legislation Revision and Publication Act 2002	(31.12.2008)
cl 9	expired: cl 9(5)—omitted under Legislation Revision and Publication Act 2002	(31.12.2008)

Transitional etc provisions associated with regulations or variations

Road Traffic (Driving Hours) Revocation Regulations 2008 (No 254 of 2008), Sch 1—Transitional provisions

1—Interpretation

(1)In this Schedule—

revoked regulations means the Road Traffic (Driving Hours) Regulations 1999.

(2)In this Schedule, the following terms have the same meaning as in the revoked regulations:

(a)driving record;

(b)exemption;

(c)TFMS.

2—Applications for TFMS registration

Despite regulation 3, the Minister may register a person as a driver participant, or as an employer participant, in TFMS if—

(a)the application for registration was made before the commencement of that regulation but had not been determined at that time; or

(b)following a review of a decision not to register an applicant for TFMS under regulation 136 of the revoked regulations, or an appeal in relation to such a decision under regulation 137 of the revoked regulations, the Minister decides to register the applicant for TFMS,

(and, if the Minister so registers a person, Part 7 Divisions 1 and 2 of the revoked regulations continue to apply in relation to the registration as if those regulations had not been revoked).

3—Exemptions

(1)An exemption granted under the revoked regulations (other than an exemption under regulation 106 of those regulations) and in force immediately before the commencement of regulation 3 continues to have effect according to its terms—

(a)until the expiry date specified in the exemption; or

(b)if no such expiry date is specified—for a period of 3 years after the date on which this clause comes into operation,

whichever is the earlier.

(2)For the purposes of these regulations and the Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008—

(a)an exemption referred to in subclause (1) will be taken to be an exemption granted under Part 5 Division 2 of the Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008; and

(b)a written exemption issued under the revoked regulations in relation to such an exemption and in force immediately before the commencement of regulation 3 will be taken to be a written exemption (within the meaning of the Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008).

(3)Subject to subclause (4), if—

(a)a person has made an application for an exemption in accordance with Part 8 of the revoked regulations before the commencement of regulation 3; and

(b)the Minister has not yet decided the application in accordance with the revoked regulations; and

(c)the application is for the grant of an exemption corresponding to the kind that may be granted under Part 5 Division 2 of the Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008,

the application will, for the purposes of the Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008, be taken to be an application for an exemption made to the Authority in accordance with Part 5 Division 2 of those regulations.

(4)The Authority may, by notice in writing, require an applicant under subclause (3) to provide the Authority with additional information reasonably required to determine the application.

4—Record keeping

(1)Despite regulation 3, Part 4 Divisions 4, 5 (other than regulation 60), 6 and 7 of the revoked regulations continue to apply to a driving record required to be made or kept under those Divisions as if the provisions had not been revoked.

(2)Despite a provision of Part 4 Divisions 4, 5 (other than regulation 60), 6 and 7 of the revoked regulations, a requirement under those Divisions that a driving record be kept by a driver or employer for a specified period will be satisfied if the driving record is kept by a driver's record keeper (within the meaning of the Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008) for the specified period.

Note—

The specified period is a period of not less than 12 months for driving records for non‑local area work and local area management records—see regulations 61 and 62 of the revoked regulations.

5—Review of decisions

(1)Despite regulation 3, regulation 136 of the revoked regulations continues to apply in relation to a decision of the Minister referred to in regulation 135 of those regulations as if the provisions had not been revoked.

(2)Despite regulation 3, regulation 137 of the revoked regulations continues to apply in relation to a decision that has been reviewed under regulation 136 of those regulations as if the provisions had not been revoked.

Historical versions

1.7.2010

1.7.2011

10.11.2011

1.7.2012