Road Traffic (Miscellaneous) Variation Regulations 2008 (SA)

South Australia

Road Traffic (Miscellaneous) Variation Regulations 2008

under the Road Traffic Act 1961

Contents

Part 1—Preliminary

Short title
Commencement
Variation provisions

Part 2—Variation of Road Traffic (Miscellaneous) Regulations 1999

Variation of regulation 4—Interpretation
Variation of Schedule 9—Expiation fees
Part 4—Offences against the Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008
Part 4A—Offences against the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008

Part 1—Preliminary
1—Short title
These regulations may be cited as the Road Traffic (Miscellaneous) Variation Regulations 2008.
2—Commencement
These regulations will come into operation on the day on which the Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008 come into operation.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Road Traffic (Miscellaneous) Regulations 1999
4—Variation of regulation 4—Interpretation
Regulation 4(2)—delete subregulation (2)
5—Variation of Schedule 9—Expiation fees
Schedule 9 Part 4—delete Part 4 and substitute:
Part 4—Offences against the Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008

Regulation

Description of offence against Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008

Fee

8(4)

Failing to comply with regulation 8(4)—Additional duty of employers and prime contractors

       •       if the employer or prime contractor is a natural person

$500

       •       if the employer or prime contractor is a body corporate

$650

8(5)

Failing to comply with regulation 8(5)—Additional duty of operators

       •       if the operator is a natural person

$500

       •       if the operator is a body corporate

$650

9(3)

Failing to comply with regulation 9(3)—Additional duty of schedulers

       •       if the scheduler is a natural person

$500

       •       if the scheduler is a body corporate

$650

10(3)

Failing to comply with regulation 10(3)—Additional duty of consignors and consignees

       •       if the consignor or consignee is a natural person

$500

       •       if the consignor or consignee is a body corporate

$650

11(3)

Failing to comply with regulation 11(3)—Additional duty of loading managers

       •       if the loading manager is a natural person

$500

       •       if the loading manager is a body corporate

$650

16(3)

Failing to comply with regulation 16(3)—standard hours—solo drivers

       •       minor risk offence—

       •       for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)

$200

       •       in any other case

$250

       •       substantial risk offence

$500

16(5)

Failing to ensure driver does not contravene regulation 16(3)

       •       minor risk offence—

       •       for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)—

       •       if the party in the chain of responsibility is a natural person

$200

       •       if the party in the chain of responsibility is a body corporate

$250

       •       in any other case—

       •       if the party in the chain of responsibility is a natural person

$250

       •       if the party in the chain of responsibility is a body corporate

$350

       •       substantial risk offence—

       •       if the party in the chain of responsibility is a natural person

$500

       •       if the party in the chain of responsibility is a body corporate

$650

17(3)

Failing to comply with regulation 17(3)—standard hours—solo drivers (buses)

       •       minor risk offence—

       •       for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)

$200

       •       in any other case

$250

       •       substantial risk offence

$500

17(5)

Failing to ensure driver does not contravene regulation 17(3)

       •       minor risk offence—

       •       for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)—

       •       if the party in the chain of responsibility is a natural person

$200

       •       if the party in the chain of responsibility is a body corporate

$250

       •       in any other case—

       •       if the party in the chain of responsibility is a natural person

$250

       •       if the party in the chain of responsibility is a body corporate

$350

       •       substantial risk offence—

       •       if the party in the chain of responsibility is a natural person

$500

       •       if the party in the chain of responsibility is a body corporate

$650

19(3)

Failing to comply with regulation 19(3)—standard hours —two‑up drivers

       •       minor risk offence—

       •       for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)

$200

       •       in any other case

$250

       •       substantial risk offence

$500

19(6)

Failing to ensure driver does not contravene regulation 19(3)

       •       minor risk offence—

       •       for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)—

       •       if the party in the chain of responsibility is a natural person

$200

       •       if the party in the chain of responsibility is a body corporate

$250

       •       in any other case—

       •       if the party in the chain of responsibility is a natural person

$250

       •       if the party in the chain of responsibility is a body corporate

$350

       •       substantial risk offence—

       •       if the party in the chain of responsibility is a natural person

$500

       •       if the party in the chain of responsibility is a body corporate

$650

21(3)

Failing to comply with regulation 21(3)—solo drivers working under BFM accreditation

       •       minor risk offence—

       •       for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)

$200

       •       in any other case

$250

       •       substantial risk offence

$500

21(5)

Failing to ensure driver does not contravene regulation 21(3)

       •       minor risk offence—

       •       for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)—

       •       if the party in the chain of responsibility is a natural person

$200

       •       if the party in the chain of responsibility is a body corporate

$250

       •       in any other case—

       •       if the party in the chain of responsibility is a natural person

$250

       •       if the party in the chain of responsibility is a body corporate

$350

       •       substantial risk offence—

       •       if the party in the chain of responsibility is a natural person

$500

       •       if the party in the chain of responsibility is a body corporate

$650

23(3)

Failing to comply with regulation 23(3)—two‑up drivers working under BFM accreditation

       •       minor risk offence—

       •       for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)

$200

       •       in any other case

$250

       •       substantial risk offence

$500

23(5)

Failing to ensure driver does not contravene regulation 23(3)—

       •       minor risk offence—

       •       if the party in the chain of responsibility is a natural person

$250

       •       if the party in the chain of responsibility is a body corporate

$350

       •       substantial risk offence—

       •       if the party in the chain of responsibility is a natural person

$500

       •       if the party in the chain of responsibility is a body corporate

$650

24(3)

Failing to comply with regulation 24(3)—AFM hours—driving hours for drivers working under AFM accreditation

       •       minor risk offence

$250

       •       substantial risk offence

$500

24(5)

Failing to ensure driver does not contravene regulation 24(3)

       •       minor risk offence—

       •       if the party in the chain of responsibility is a natural person

$250

       •       if the party in the chain of responsibility is a body corporate

$350

       •       substantial risk offence—

       •       if the party in the chain of responsibility is a natural person

$500

       •       if the party in the chain of responsibility is a body corporate

$650

25(3)

Failing to comply with regulation 25(3)—AFM hours—offences related to AFM outer limits

       •       substantial risk offence—

       •       if the party in the chain of responsibility is a natural person

$500

       •       if the party in the chain of responsibility is a body corporate

$650

25(6)

Failing to ensure driver does not contravene regulation 25(3)

       •       substantial risk offence—

       •       if the party in the chain of responsibility is a natural person

$500

       •       if the party in the chain of responsibility is a body corporate

$650

26(3)

Failing to comply with regulation 26(3) when changing work/rest hours option

$500

27(1)

Failing to have required documentation

$500

27(2)

Failing to ensure driver does not contravene regulation 27(1)

       •       if the operator is a natural person

$500

       •       if the operator is a body corporate

$650

27(3)

Failing to return documentation

$500

28(1)

Failing to have required documentation

$500

28(2)

Failing to ensure driver does not contravene regulation 28(1)

       •       if the operator is a natural person

$500

       •       if the operator is a body corporate

$650

28(3)

Failing to return documentation

$500

40(1)

Failing to record required information in work diary (driver engaged in 100‑plus kilometre work or working under BFM or AFM accreditation or work/rest hours exemption)

$500

41(1)

Failing to make supplementary record

$500

42(1)

Failing to notify Authority that work diary destroyed, lost or stolen

$500

42(2)

Failing to apply for a new work diary

$500

42(4)

Failing to take required steps following recovery or return of lost or stolen work diary

$500

42(6)

Failing to notify record keeper of malfunctioning electronic work diary

$500

42(7)

Failing to ensure electronic work diary is repaired etc

       •       if the record keeper is a natural person

$500

       •       if the record keeper is a body corporate

$650

43(1)

Failing to ensure odometer is maintained

       •       if the owner is a natural person

$500

       •       if the owner is a body corporate

$650

43(2)

Failing to notify persons of malfunctioning odometer

$500

43(3)

Failing to ensure odometer examined etc

       •       if the owner is a natural person

$500

       •       if the owner is a body corporate

$650

43(4)

Failing to ensure owner of regulated heavy vehicle complies with regulation 43(3)

       •       if the employer or operator is a natural person

$500

       •       if the employer or operator is a body corporate

$650

44(1)

Failing to make or keep certain records (driver engaged in 100 kilometre work)

       •       if the record keeper is a natural person

$500

       •       if the record keeper is a body corporate

$650

44(2)

Failing to make or keep certain records (driver engaged in 100‑plus kilometre work or working under BFM or AFM accreditation or work/rest hours exemption)

       •       if the record keeper is a natural person

$500

       •       if the record keeper is a body corporate

$650

44(3)

Failing to make record as soon as practicable

       •       if the record keeper is a natural person

$500

       •       if the record keeper is a body corporate

$650

44(5)

Failing to keep record at record location etc

       •       if the record keeper is a natural person

$500

       •       if the record keeper is a body corporate

$650

45(1)

Failing to give information to record keeper within 21 days (driver engaged in 100 kilometre work)

$500

45(2)

Failing to give information to record keeper within 21 days (driver engaged in 100‑plus kilometre work or working under BFM or AFM accreditation or work/rest hours exemption)

$500

46(1)

Failing to ensure driver complies with regulation 45

       •       if the record keeper is a natural person

$500

       •       if the record keeper is a body corporate

$650

46(2)

Failing to give new record keeper required information

$500

46(3)

Failing to ensure driver complies with regulation 46(2)

       •       if the new record keeper is a natural person

$500

       •       if the record keeper is a body corporate

$650

62(2)

Failing to comply with regulation 62(2)—driver working under work/rest hours exemption

       •       minor risk offence

$250

       •       substantial risk offence

$500

62(4)

Failing to ensure driver complies with regulation 62(2)

       •       minor risk offence—

       •       if the party in the chain of responsibility is a natural person

$250

       •       if the party in the chain of responsibility is a body corporate

$350

       •       substantial risk offence—

       •       if the party in the chain of responsibility is a natural person

$500

       •       if the party in the chain of responsibility is a body corporate

$650

63(1)

Failing to have copy of written exemption

$500

63(2)

Failing to ensure driver does not contravene regulation 63(1)

       •       if the new record keeper is a natural person

$500

       •       if the record keeper is a body corporate

$650

64

Failing to return copy of written exemption

$500

Part 4A—Offences against the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008

Regulation	Description of offence against Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008	Fee
8(4)	Failing to comply with regulation 8(4)—Additional duty of employers and prime contractors
• if the employer or prime contractor is a natural person	$500
• if the employer or prime contractor is a body corporate	$650
8(5)	Failing to comply with regulation 8(5)—Additional duty of operators
• if the operator is a natural person	$500
• if the operator is a body corporate	$650
9(3)	Failing to comply with regulation 9(3)—Additional duty of schedulers
• if the scheduler is a natural person	$500
• if the scheduler is a body corporate	$650
10(3)	Failing to comply with regulation 10(3)—Additional duty of consignors and consignees
• if the consignor or consignee is a natural person	$500
• if the consignor or consignee is a body corporate	$650
11(3)	Failing to comply with regulation 11(3)—Additional duty of loading managers
• if the loading manager is a natural person	$500
• if the loading manager is a body corporate	$650
16(3)	Failing to comply with regulation 16(3)—standard hours—solo drivers
• minor risk offence—
• for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)	$200
• in any other case	$250
• substantial risk offence	$500
16(5)	Failing to ensure driver does not contravene regulation 16(3)
• minor risk offence—
• for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)—
• if the party in the chain of responsibility is a natural person	$200
• if the party in the chain of responsibility is a body corporate	$250
• in any other case—
• if the party in the chain of responsibility is a natural person	$250
• if the party in the chain of responsibility is a body corporate	$350
• substantial risk offence—
• if the party in the chain of responsibility is a natural person	$500
• if the party in the chain of responsibility is a body corporate	$650
17(3)	Failing to comply with regulation 17(3)—standard hours—solo drivers (buses)
• minor risk offence—
• for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)	$200
• in any other case	$250
• substantial risk offence	$500
17(5)	Failing to ensure driver does not contravene regulation 17(3)
• minor risk offence—
• for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)—
• if the party in the chain of responsibility is a natural person	$200
• if the party in the chain of responsibility is a body corporate	$250
• in any other case—
• if the party in the chain of responsibility is a natural person	$250
• if the party in the chain of responsibility is a body corporate	$350
• substantial risk offence—
• if the party in the chain of responsibility is a natural person	$500
• if the party in the chain of responsibility is a body corporate	$650
19(3)	Failing to comply with regulation 19(3)—standard hours —two‑up drivers
• minor risk offence—
• for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)	$200
• in any other case	$250
• substantial risk offence	$500
19(6)	Failing to ensure driver does not contravene regulation 19(3)
• minor risk offence—
• for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)—
• if the party in the chain of responsibility is a natural person	$200
• if the party in the chain of responsibility is a body corporate	$250
• in any other case—
• if the party in the chain of responsibility is a natural person	$250
• if the party in the chain of responsibility is a body corporate	$350
• substantial risk offence—
• if the party in the chain of responsibility is a natural person	$500
• if the party in the chain of responsibility is a body corporate	$650
21(3)	Failing to comply with regulation 21(3)—solo drivers working under BFM accreditation
• minor risk offence—
• for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)	$200
• in any other case	$250
• substantial risk offence	$500
21(5)	Failing to ensure driver does not contravene regulation 21(3)
• minor risk offence—
• for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)—
• if the party in the chain of responsibility is a natural person	$200
• if the party in the chain of responsibility is a body corporate	$250
• in any other case—
• if the party in the chain of responsibility is a natural person	$250
• if the party in the chain of responsibility is a body corporate	$350
• substantial risk offence—
• if the party in the chain of responsibility is a natural person	$500
• if the party in the chain of responsibility is a body corporate	$650
23(3)	Failing to comply with regulation 23(3)—two‑up drivers working under BFM accreditation
• minor risk offence—
• for failing to have the minimum required rest time (the required period of rest time being not more than 1 hour)	$200
• in any other case	$250
• substantial risk offence	$500
23(5)	Failing to ensure driver does not contravene regulation 23(3)—
• minor risk offence—
• if the party in the chain of responsibility is a natural person	$250
• if the party in the chain of responsibility is a body corporate	$350
• substantial risk offence—
• if the party in the chain of responsibility is a natural person	$500
• if the party in the chain of responsibility is a body corporate	$650
24(3)	Failing to comply with regulation 24(3)—AFM hours—driving hours for drivers working under AFM accreditation
• minor risk offence	$250
• substantial risk offence	$500
24(5)	Failing to ensure driver does not contravene regulation 24(3)
• minor risk offence—
• if the party in the chain of responsibility is a natural person	$250
• if the party in the chain of responsibility is a body corporate	$350
• substantial risk offence—
• if the party in the chain of responsibility is a natural person	$500
• if the party in the chain of responsibility is a body corporate	$650
25(3)	Failing to comply with regulation 25(3)—AFM hours—offences related to AFM outer limits
• substantial risk offence—
• if the party in the chain of responsibility is a natural person	$500
• if the party in the chain of responsibility is a body corporate	$650
25(6)	Failing to ensure driver does not contravene regulation 25(3)
• substantial risk offence—
• if the party in the chain of responsibility is a natural person	$500
• if the party in the chain of responsibility is a body corporate	$650
26(3)	Failing to comply with regulation 26(3) when changing work/rest hours option	$500
27(1)	Failing to have required documentation	$500
27(2)	Failing to ensure driver does not contravene regulation 27(1)
• if the operator is a natural person	$500
• if the operator is a body corporate	$650
27(3)	Failing to return documentation	$500
28(1)	Failing to have required documentation	$500
28(2)	Failing to ensure driver does not contravene regulation 28(1)
• if the operator is a natural person	$500
• if the operator is a body corporate	$650
28(3)	Failing to return documentation	$500
40(1)	Failing to record required information in work diary (driver engaged in 100‑plus kilometre work or working under BFM or AFM accreditation or work/rest hours exemption)	$500
41(1)	Failing to make supplementary record	$500
42(1)	Failing to notify Authority that work diary destroyed, lost or stolen	$500
42(2)	Failing to apply for a new work diary	$500
42(4)	Failing to take required steps following recovery or return of lost or stolen work diary	$500
42(6)	Failing to notify record keeper of malfunctioning electronic work diary	$500
42(7)	Failing to ensure electronic work diary is repaired etc
• if the record keeper is a natural person	$500
• if the record keeper is a body corporate	$650
43(1)	Failing to ensure odometer is maintained
• if the owner is a natural person	$500
• if the owner is a body corporate	$650
43(2)	Failing to notify persons of malfunctioning odometer	$500
43(3)	Failing to ensure odometer examined etc
• if the owner is a natural person	$500
• if the owner is a body corporate	$650
43(4)	Failing to ensure owner of regulated heavy vehicle complies with regulation 43(3)
• if the employer or operator is a natural person	$500
• if the employer or operator is a body corporate	$650
44(1)	Failing to make or keep certain records (driver engaged in 100 kilometre work)
• if the record keeper is a natural person	$500
• if the record keeper is a body corporate	$650
44(2)	Failing to make or keep certain records (driver engaged in 100‑plus kilometre work or working under BFM or AFM accreditation or work/rest hours exemption)
• if the record keeper is a natural person	$500
• if the record keeper is a body corporate	$650
44(3)	Failing to make record as soon as practicable
• if the record keeper is a natural person	$500
• if the record keeper is a body corporate	$650
44(5)	Failing to keep record at record location etc
• if the record keeper is a natural person	$500
• if the record keeper is a body corporate	$650
45(1)	Failing to give information to record keeper within 21 days (driver engaged in 100 kilometre work)	$500
45(2)	Failing to give information to record keeper within 21 days (driver engaged in 100‑plus kilometre work or working under BFM or AFM accreditation or work/rest hours exemption)	$500
46(1)	Failing to ensure driver complies with regulation 45
• if the record keeper is a natural person	$500
• if the record keeper is a body corporate	$650
46(2)	Failing to give new record keeper required information	$500
46(3)	Failing to ensure driver complies with regulation 46(2)
• if the new record keeper is a natural person	$500
• if the record keeper is a body corporate	$650
62(2)	Failing to comply with regulation 62(2)—driver working under work/rest hours exemption
• minor risk offence	$250
• substantial risk offence	$500
62(4)	Failing to ensure driver complies with regulation 62(2)
• minor risk offence—
• if the party in the chain of responsibility is a natural person	$250
• if the party in the chain of responsibility is a body corporate	$350
• substantial risk offence—
• if the party in the chain of responsibility is a natural person	$500
• if the party in the chain of responsibility is a body corporate	$650
63(1)	Failing to have copy of written exemption	$500
63(2)	Failing to ensure driver does not contravene regulation 63(1)
• if the new record keeper is a natural person	$500
• if the record keeper is a body corporate	$650
64	Failing to return copy of written exemption	$500

Regulation

Description of offence against Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008

Fee

17(4)

Operator of regulated heavy vehicle failing to keep records in required manner

       •       if the operator is a natural person

$500

       •       if the operator is a body corporate

$650

17(7)

Operator refusing or failing to comply with a requirement under regulation 17(5)

       •       if the operator is a natural person

$500

       •       if the operator is a body corporate

$650

17(8)

Operator of regulated heavy vehicle failing to inform driver or scheduler of variation, suspension or revocation of BFM accreditation

       •       if the operator is a natural person

$500

       •       if the operator is a body corporate

$650

19(4)

Operator of regulated heavy vehicle failing to keep records in required manner

       •       if the operator is a natural person

$500

       •       if the operator is a body corporate

$650

19(7)

Operator refusing or failing to comply with a requirement under regulation 19(5)

       •       if the operator is a natural person

$500

       •       if the operator is a body corporate

$650

19(8)

Operator of regulated heavy vehicle failing to inform driver or scheduler of variation, suspension or revocation of AFM accreditation

       •       if the operator is a natural person

$500

       •       if the operator is a body corporate

$650

Regulation	Description of offence against Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008	Fee
17(4)	Operator of regulated heavy vehicle failing to keep records in required manner
• if the operator is a natural person	$500
• if the operator is a body corporate	$650
17(7)	Operator refusing or failing to comply with a requirement under regulation 17(5)
• if the operator is a natural person	$500
• if the operator is a body corporate	$650
17(8)	Operator of regulated heavy vehicle failing to inform driver or scheduler of variation, suspension or revocation of BFM accreditation
• if the operator is a natural person	$500
• if the operator is a body corporate	$650
19(4)	Operator of regulated heavy vehicle failing to keep records in required manner
• if the operator is a natural person	$500
• if the operator is a body corporate	$650
19(7)	Operator refusing or failing to comply with a requirement under regulation 19(5)
• if the operator is a natural person	$500
• if the operator is a body corporate	$650
19(8)	Operator of regulated heavy vehicle failing to inform driver or scheduler of variation, suspension or revocation of AFM accreditation
• if the operator is a natural person	$500
• if the operator is a body corporate	$650

Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 11 September 2008

No 252 of 2008

MTR07/045CS