Road Transport (Vehicle and Driver Management) Regulation 2005 (NSW)
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Road Transport (Vehicle and Driver Management) Regulation 2005
[2005-606]
Status information
Currency of version
Historical version for 1 July 2013 to 23 September 2013 (accessed 26 December 2018 at 21:29)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical Notes
Formerly known as
Road Transport (General) Regulation 2005
Road Transport (General) Regulation 2005
Does not include amendments by:
Police Legislation Amendment (Special Constables) Act 2013 No 56 (not commenced)
Police Legislation Amendment (Special Constables) Act 2013 No 56 (not commenced)
See also:
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.
Road Transport (Vehicle and Driver Management) Regulation 2005
[2005-606]
Contents
Road Transport (Vehicle and Driver Management) Regulation 2005
Part 1 Preliminary
1 Name of Regulation
This Regulation is the Road Transport (Vehicle and Driver Management) Regulation 2005.
2 Commencement
This Regulation commences on 30 September 2005.
3 Definition
(1) In this Regulation:the Act means the Road Transport (Vehicle and Driver Management) Act 2005.
(2) Notes included in this Regulation do not form part of this Regulation.
3A Meaning of “applicable road law”
For the purposes of paragraph (e) of the definition of applicable road law in section 3 (1) of the Act, Part 4.5 of the Road Transport Act 2013 is prescribed for the purposes only of Division 2 of Part 3.5 of Chapter 3 of the Road Transport (Vehicle and Driver Management) Act 2005.
Parts 2, 3
4–29B (Repealed)
Part 4 Number plate confiscation
29C Number plate confiscation notices
(1) The following information is prescribed for the purposes of the definition of number plate confiscation notice in section 217A of the Act:(a) a brief description of the effect of the notice and a statement of the action that may be taken against the registered operator and penalties that may apply if it is not complied with,(b) in the case of a number plate confiscation notice issued in respect of a sanctionable offence, the provisions of the Act, regulations or rules imposing the sanctionable offence,(c) the registration number of the motor vehicle to which it relates,(d) the vehicle’s VIN or, if there is no VIN, the chassis number and engine number of the vehicle,(e) the date of issue of the notice and the date on which the number plate confiscation period imposed by the notice will end,(f) the name of the Local Area Command of the police officer who issued the notice,(g) the address of the motor registry or other place from which the number plates can be collected on or after the end of the number plate confiscation period,(h) information about the right to apply to the Local Court to seek release of the number plates.(2) In this clause:motor registry means a place at which registration of a vehicle can be effected by or on behalf of the Authority.
VIN has the same meaning as it has in the Road Transport (Vehicle Registration) Regulation 2007.
30–35 (Repealed)
Part 5
36–38A (Repealed)
Part 6 Heavy vehicle driver fatigue
Division 1 General
39 Definitions
In this Part:Note.
Several terms used in this Part are defined in the Act, including authorised officer, Authority, combination, driver licence, GVM, motor vehicle, road, road related area and transport documentation.ADR 42 means the national standard described as ADR 42 as in force from time to time under the Motor Vehicle Standards Act 1989 of the Commonwealth.
AFM accreditation—see clause 102.
AFM standards and business rules means the standards and business rules for AFM approved by the Australian Transport Council by notice published in the Commonwealth Government Gazette.
approved sleeper berth means:
(a) for a heavy truck—a driver’s sleeper berth that complies with ADR 42 or with a standard for sleeper berths that is approved by the Australian Transport Council by notice published in the Commonwealth Government Gazette and is able to be used by the driver when taking rest, or(b) for a bus—a driver’s sleeper berth that complies with a standard for sleeper berths that is approved by the Australian Transport Council by notice published in the Commonwealth Government Gazette and is able to be used by the driver when taking rest.associate has the same meaning as in section 23 of the Act.
Australian Transport Council means the Australian Transport Council referred to in section 4 of the National Transport Commission Act 2003 of the Commonwealth or its successor and, in relation to any particular matter, includes a person who, or a body that, has been authorised by the Australian Transport Council to act as its delegate in relation to that matter.
base, in relation to a driver—see clause 74.
BFM accreditation—see clause 102.
BFM standards and business rules means the standards and business rules for BFM approved by the Australian Transport Council by notice published in the Commonwealth Government Gazette.
bus means a motor vehicle built mainly to carry people that seats over 12 adults (including the driver).
business day means a day that is not a Saturday, Sunday or public holiday in this jurisdiction.
consignee of goods means:
(a) a person who, with that person’s authority, is named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the transport of the goods by road, orbut does not include a person who merely unloads the goods.(b) a person who actually receives the goods after completion of their transport by road,consignor of goods means:
(a) a person who, with that person’s authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road, or(b) a person who engages an operator of a vehicle or combination, either directly or indirectly or through an agent or other intermediary, to transport the goods by road, or(c) a person who has possession of, or control over, the goods immediately before the goods are transported by road, or(d) a person who loads a vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is usually unattended (except by a driver of the vehicle, a trainee driver or any person necessary for the normal operation of the vehicle) during loading, or(e) if paragraphs (a) to (d) do not apply to the person or anyone else, and the goods are imported into Australia—a person who imports the goods.corresponding Authority, in relation to a participating jurisdiction, means the Authority as defined in the relevant corresponding fatigue law.
corresponding fatigue law, for this Part or a provision of this Part, means a law in force in another jurisdiction corresponding to this Part or a provision of this Part.
driver means a driver of a regulated heavy vehicle and includes an employed driver and a self-employed driver.
Note.
Driver is defined in the Act.
duplicate daily sheet means the duplicate of a daily sheet in a work diary or corresponding work diary.
electronic work diary means a system of recording information electronically:
(a) that has attached to each device that forms part of the system a label:(i) that indicates that the device is, or is part of, an electronic work diary that is the subject of a current approval of the Authority under Subdivision 6 of Division 4, and(ii) that states the number of the certificate of approval issued by the Authority in respect of the approval, and(iii) that is in a form approved by the Authority, and(b) that is the subject of a current approval of the Authority under Subdivision 6 of Division 4.employed driver means a driver who is employed by another person to drive a regulated heavy vehicle.
employer means a person who engages someone else to drive a regulated heavy vehicle under a contract of employment, apprenticeship or training.
Note.
Example of an employer—a labour hire company.Fatigue Authorities Panel means the Panel established by the Fatigue Authorities Panel Rules made by the National Transport Commission, and approved by the Australian Transport Council on 18 July 2008, as amended from time to time.
fatigue management requirement means a requirement under this Part relating to:
(a) a requirement that a person must not drive while impaired by fatigue, or(b) a driver keeping a work diary or another record, or(c) the minimum period a driver, or two-up driver, must rest to break up the period of time the driver, or two-up driver, drives or otherwise works, or(d) the maximum period a driver, or two-up driver, may drive, or otherwise work, without taking a rest.heavy truck means:
(a) a motor vehicle (except a bus or tram) with a GVM over 12 tonnes, or(b) a motor vehicle (except a bus or tram) that is part of a combination, if the total of the GVMs of the vehicles in the combination is over 12 tonnes.IAP provisions means Part 6A (Intelligent access programs) of the Road Transport (Mass, Loading and Access) Regulation 2005.
impaired by fatigue—see clause 44.
loader has the same meaning as in section 20 of the Act.
loading manager means a person who:
(a) manages, or is responsible for the operation of, premises at which usually on a business day at least 5 regulated heavy vehicles are loaded with goods for transport, or have goods that the vehicles have transported unloaded, or(b) directly or indirectly supervises, manages or controls the loading or unloading of regulated heavy vehicles at such premises.Note.
Examples of a loading manager—a company that runs, or a site manager for, a distribution centre.long and night work time means any work time:
(a) in excess of 12 hours in a 24 hour period, or(b) between 12 midnight and 6 am (or the equivalent hours in the time zone of the base of a driver who is on a journey in a regulated heavy vehicle).major rest break means a rest break of at least 5 continuous hours.
malfunction, in relation to an electronic work diary or an odometer, means:
(a) the diary or odometer ceases to work at all, or works only intermittently, or(b) it does not perform one or more functions required under this Part, or(c) it performs those functions only intermittently, or(d) it performs those functions in a way that is inaccurate or unreliable (including intermittently inaccurate or unreliable).Note.
Examples of an electronic work diary malfunctioning:• the data held in an electronic work diary is corrupted• a software program fault• physical damage that impairs the functioning of the electronic work diary• data storage on the work diary becoming fullNote.
Examples of an odometer malfunctioning:• the odometer no longer keeps an accurate record of distance travelledmotor home means a rigid or articulated motor vehicle or combination that is built, or permanently modified, primarily for residential purposes, but does not include a motor vehicle only because it is constructed with a sleeper berth.
night rest break means:
(a) 7 continuous hours stationary rest time taken between 10 pm on a day and 8 am on the next day, using the time zone of the base of the driver, or(b) 24 continuous hours stationary rest time.non-participating zone means all jurisdictions that are not participating jurisdictions.
operator, in relation to a regulated heavy vehicle, means a person who is responsible for controlling or directing the operations of:
(a) in the case of a vehicle (including a vehicle in a combination)—the vehicle, orbut does not include a person merely because the person:(b) in the case of a combination—the towing vehicle in the combination,(c) owns the vehicle or combination, or(d) drives the vehicle or combination, or(e) maintains, or arranges for the maintenance of, the vehicle or combination, or(f) arranges for the registration of the vehicle.participating jurisdiction means:
(a) this State, or(b) another jurisdiction, if that jurisdiction has a corresponding fatigue law that is in force.participating zone means all participating jurisdictions.
party in the chain of responsibility, in relation to a regulated heavy vehicle, means any of the following persons:
(a) the employer of the driver of the vehicle,(b) the prime contractor of the driver,(c) the operator of the vehicle,(d) the scheduler of goods or passengers for transport by the vehicle, and the scheduler of its driver,(e) the consignor of goods for transport by the vehicle,(f) the consignee of goods for transport by the vehicle,(g) the loading manager of goods for transport by the vehicle,(h) the loader of goods on to the vehicle,(i) the unloader of goods from the vehicle.Note.
A person may be a party in the chain of responsibility in more than 1 capacity. Example—a person may be an employer, operator and consignor at the same time in relation to a driver and be subject to duties in each of the capacities.plant means a motor vehicle that:
(a) is built, or permanently modified, primarily to operate as a machine or implement:(i) off-road, or(ii) on a road-related area, or(iii) on an area of road that is under construction, and(b) is not capable of carrying goods or passengers by road.Note.
Example of what is plant:• An agricultural machine, backhoe, bulldozer, excavator, forklift, front-end loader, grader, tractor or a motor vehicle that is registered as a type P plant-based special purpose vehicle.Note.
Example of what is not plant:• A truck-mounted crane or truck-mounted drilling rig.prescribed business means business that falls within one or more of the following Divisions recognised in the Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006 edition (Australian Bureau of Statistics publication, Catalogue No 1292.0):
(a) Agriculture, Forestry and Fishing (Division A),(b) Mining (Division B),(c) Manufacturing (Division C),(d) Construction (Division E),(e) Wholesale Trade (Division F),(f) Retail Trade (Division G),(g) Accommodation and Food Services (Division H),(h) Transport, Postal and Warehousing (Division I),(i) Information, Media and Communications (Division J),(j) Renting, Hiring and Real Estate Services (Division L),(k) Arts and Recreation Services (Division R).prime contractor means a person who engages someone else to drive a regulated heavy vehicle under a contract for services.
Note.
Example of a prime contractor—a logistics business that engages a subcontractor to transport goods.reasonable steps defence—see clause 41.
record keeper, in relation to a driver, means:
(a) if the driver is an employed driver working under standard hours—the employer, or(b) if the driver is an employed driver working under a work and rest hours exemption that was not granted in combination with an operator’s BFM or AFM accreditation—the employer, or(c) if the driver is a self-employed driver working under standard hours —the self-employed driver, or(d) if the driver is a self-employed driver working under a work and rest hours exemption that was not granted in combination with an operator’s BFM or AFM accreditation—the self-employed driver, or(e) if the driver is an employed or self-employed driver working under an operator’s BFM or AFM accreditation—the operator, or(f) if the driver is an employed or self-employed driver working under a work and rest hours exemption that was granted in combination with an operator’s BFM or AFM accreditation—the operator.record location, in relation to a driver, means:
(a) the place which the record keeper has instructed the driver is the record location, or(b) if the record keeper has not instructed the driver under paragraph (a), the driver’s base.regulated heavy vehicle means:
(a) a heavy truck, orbut does not include:(b) a bus,(c) plant, or(d) a motor home.rest time—see clause 58.
scheduler means a person who:
(a) schedules a driver’s work or rest time, or(b) schedules the transport of passengers or goods by road.Note.
Example of a person who makes a demand that affects a time in a schedule—The distribution manager for a retail chain or a loading agent or freight forwarder who sets a deadline for a delivery.Note.
Example of a person who does not make a demand that affects a time in a schedule—A person who has arranged for goods to be couriered by a transport company as a “part load” who has no control over the deadline for the delivery of the goods.self-employed driver means a driver who is not an employed driver.
solo driver means a driver who is not a party to a two-up driving arrangement.
stationary rest time means rest time that a driver spends:
(a) out of a regulated heavy vehicle, or(b) in an approved sleeper berth of a stationary regulated heavy vehicle.suitable rest place means:
(a) a rest area designated for and able to be used by a regulated heavy vehicle, or(b) a place at which a regulated heavy vehicle may be safely and lawfully parked.supplementary record means a record that:
(a) is not made in a written or electronic work diary, but(b) is at least as accurate and understandable as, and is made in a similar form to, a record made in a written or electronic work diary.Note.
As a supplementary record becomes part of a work diary once it is made, it must be kept by the driver of a regulated heavy vehicle in the vehicle for 28 days after it is made, and it must be kept by the record keeper for 3 years after it is made.two-up driver means the driver of a regulated heavy vehicle who is a party to 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 means a person who:
(a) unloads from a vehicle or combination goods that have been transported by road, or(b) unloads from a vehicle or combination a freight container (whether or not containing goods) that has been transported by road, or(c) without limiting the above, unloads from a freight container that is on a vehicle or combination goods that have been transported 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 and rest change—see clause 59.
work and rest hours exemption—see clause 117.
work and rest hours option—see clause 56.
work diary—see clause 75.
work diary exemption—see clause 118.
work time—see clause 57.
written work diary means a written work diary issued to a driver under Subdivision 5 of Division 4 or under a corresponding fatigue law.
40 Matters court may consider for deciding whether person took all reasonable steps and other matters relating to offences
(1) A court may have regard to anything that it considers to be relevant when it is deciding whether things that the person did, or did not do, were reasonable steps, including:(a) the nature of the risk that the person was attempting to, or should have been attempting to, address, and(b) the likelihood of that risk eventuating and the degree of harm that would result if it did eventuate, and(c) if a driver has driven while impaired by fatigue or in breach of the work and rest hours—the circumstances of the offence (for example, the risk category that the offence belongs to), and(d) the abilities, experience, expertise, knowledge, qualifications and training that the person, or the person’s agent or employee, had or ought reasonably have had, and(e) the availability and suitability of ways to eliminate, prevent or reduce the risk or to minimise the likelihood of the risk eventuating, and(f) the body of fatigue knowledge.(2) In a prosecution for an offence under clause 46 (1), 50, 51, 52, 54 or 55, it is not necessary to prove that any particular person drove, or would or may have driven, the vehicle on a road while impaired by fatigue.
(3) It is not of itself a defence to an offence under this Part that a person complied with an accreditation granted under this Part.
41 What is the “reasonable steps defence”
If a provision of this Part states that a person has the benefit of the reasonable steps defence for an offence, it is a defence to the offence for the person to prove that:(a) the person did not know, and could not reasonably be expected to have known, of the contravention concerned, and(b) either:(i) the person had taken all reasonable steps to prevent the contravention concerned, or(ii) the person could not reasonably be expected to have taken any steps to prevent the contravention concerned.
42 Exclusion of mistake of fact defence
(1) This clause applies if a provision of this Part states that a person does not have the benefit of the mistake of fact defence for an offence.(2) It is not a defence to the offence for the person to prove that, at or before the time of the act or omission constituting the offence, the person was under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the act or omission would not have constituted an offence.
Division 2 Duties relating to fatigue
Subdivision 1 What is fatigue
43 What is “fatigue”
(1) Fatigue includes (but is not limited to):(a) feeling sleepy, and(b) feeling physically or mentally tired, weary or drowsy, and(c) feeling exhausted or lacking energy, and(d) behaving in a way that is consistent with paragraph (a), (b) or (c).(2) When deciding whether a driver is fatigued, a court may take into account anything it considers is relevant, including (but not limited to) the following:(a) what is commonly understood as being fatigued,(b) the causes of fatigue,(c) the signs of fatigue,(d) the body of fatigue knowledge.(3) A cause of fatigue is any factor that causes or contributes to a person’s fatigue while driving a regulated heavy vehicle on a road (whether or not the cause arises while the person is at work).Note.
Examples of causes of fatigue:• physical or mental exertion• long periods of time awake• not enough sleep or not enough restorative sleep• not enough rest breaks• a person’s circadian rhythm (ie the “body clock”)• environmental stress (eg heat, noise, vibrations)• personal health(4) A sign of fatigue is a sign that a person was, is, or will be fatigued while driving a regulated heavy vehicle on a road (whether the sign manifests itself before, during or after work).Note.
Examples of signs of fatigue:• a lack of alertness• an inability to concentrate• a reduced ability to recognise or respond to external stimuli• poor judgement or memory• making more mistakes than usual• drowsiness, or falling asleep, at work (including micro sleeps)• finding it difficult to keep the eyes open• needing more frequent naps than usual• not feeling refreshed after sleep• excessive head nodding or yawning• blurred vision• mood changes, increased irritability or other changes to the person’s mental health• changes to the person’s health or fitness(5) The body of fatigue knowledge includes any accreditation scheme, scientific knowledge or expert opinion, guidelines, standards or other knowledge that is relevant to preventing or managing the exposure to risk of fatigue, either at a workplace or on a road.
44 What is “impaired by fatigue”
(1) A driver is impaired by fatigue if the driver’s ability to drive a vehicle safely is affected by fatigue.(2) When deciding whether a driver was impaired by fatigue, a court may take into account anything it considers is relevant, including (but not limited to) the following:(a) any relevant cause of fatigue or sign of fatigue that was evident, and the degree to which it may indicate that the driver was impaired by fatigue,(b) any behaviour of the driver that may have resulted from being impaired by fatigue,Note.
Examples:• the circumstances of any incident, crash or near miss• poor driving judgement• inattentive driving (eg drifting into other lanes or not changing gears smoothly)(c) the nature and extent of any physical or mental exertion by the driver,(d) whether the driver was in breach of his or her work and rest hours.(3) A court may consider a driver to be impaired by fatigue even if the driver has complied with any requirements under this Part (for example, the standard hours) or under any other legislation.
Subdivision 2 Duties to avoid and prevent fatigue
45 Driver’s duty to avoid driver fatigue
(1) A person must not drive a regulated heavy vehicle on a road or road related area while he or she is impaired by fatigue.Maximum penalty: 20 penalty units.
(2) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.
46 Duty of parties in the chain of responsibility to prevent driver fatigue
(1) A party in the chain of responsibility in relation to a regulated heavy vehicle must take all reasonable steps to ensure that a person does not drive the vehicle on a road or road related area while the person is impaired by fatigue.Maximum penalty:
(a) in the case of an individual—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—125 penalty units (in the case of a first offence) or 250 penalty units (in the case of a second or subsequent offence).(2) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.
Subdivision 3 Additional duties on certain parties in the chain of responsibility
47 Intention irrelevant in determining causation
For the purposes of this Subdivision, a person can cause something to happen even though the person had no intention of causing that thing to happen.
48 Cause includes “contribute to causing” and “encourage”
For the purposes of this Subdivision, a reference to causing a thing includes a reference to contributing to causing the thing, and to encouraging the thing.
49 Duties on employers, prime contractors and operators
(1) This clause applies to:(a) the employer of an employed driver of a regulated heavy vehicle, and(b) the prime contractor of a self-employed driver of a regulated heavy vehicle, and(c) the operator of the regulated heavy vehicle if the driver is to make a journey for the operator.(2) The employer, prime contractor and operator each must take all reasonable steps to ensure that the employer’s, prime contractor’s or operator’s business practices will not cause, by act or omission, the driver:(a) to drive on a road or road related area while impaired by fatigue, or(b) to drive while in breach of his or her work and rest hours option, or(c) to drive in breach of another law in order to avoid driving while impaired by fatigue or while in breach of his or her work and rest hours option.Maximum penalty:
(a) in the case of an individual—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—100 penalty units (in the case of a first offence) or 200 penalty units (in the case of a second or subsequent offence).Note.
Examples of business practices that may cause a driver to drive while impaired by fatigue by omission:• failing to provide for remuneration for time spent queuing,• failing to provide rest breaks in a driver’s schedule,• failing to provide for contingency plans for unexpected traffic delays,• failing to provide for loading or unloading in schedule times.(3) The employer must not cause the driver to drive the vehicle unless:(a) the employer has complied with subclause (2), and(b) the employer, after making reasonable inquiries, is satisfied that the scheduler has complied with clause 50.Maximum penalty:
(a) in the case of an individual—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—75 penalty units (in the case of a first offence) or 150 penalty units (in the case of a second or subsequent offence).(4) The prime contractor and operator each must not cause the driver to drive the vehicle, or enter into a contract or agreement with the driver to that effect, unless:(a) the prime contractor or operator has complied with subclause (2), and(b) the prime contractor or operator, after making reasonable inquiries, is satisfied that the scheduler has complied with 50.Maximum penalty:
(a) in the case of an individual—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—75 penalty units (in the case of a first offence) or 150 penalty units (in the case of a second or subsequent offence).(5) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.(6) In this clause, business practices of an employer, prime contractor or operator, means the practices of the employer, prime contractor or operator in running the business, and includes:(a) the operating policies and procedures of the business, and(b) the human resource and contract management arrangements of the business (including the method by which driver remuneration is calculated), and(c) arrangements for managing safety.
50 Duties of schedulers
(1) This clause applies to the scheduler of:(a) a regulated heavy vehicle, or(b) a driver of a regulated heavy vehicle.(2) The scheduler must take all reasonable steps to ensure that a driver’s schedule for driving the vehicle will not cause, by act or omission, the driver:(a) to drive on a road or road related area while impaired by fatigue, or(b) to drive while in breach of his or her work and rest hours option, or(c) to drive in breach of another law in order to avoid driving while impaired by fatigue or while in breach of his or her work and rest hours option.Maximum penalty:
(a) in the case of an individual—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—100 penalty units (in the case of a first offence) or 200 penalty units (in the case of a second or subsequent offence).(3) The scheduler must not cause the driver to drive the vehicle unless:(a) the scheduler has complied with subclause (2), and(b) the driver’s schedule for driving the vehicle allows for:(i) the driver to take rest breaks in accordance with his or her work and rest hours option, and(ii) traffic conditions and other delays that could reasonably be expected.Maximum penalty:
(a) in the case of an individual—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—75 penalty units (in the case of a first offence) or 150 penalty units (in the case of a second or subsequent offence).(4) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.
51 Duties on consignors and consignees
(1) This clause applies to:(a) the consignor of goods for transport by a regulated heavy vehicle, and(b) the consignee of goods for transport by a regulated heavy vehicle.(2) The consignor and consignee each must take all reasonable steps to ensure that the terms of consignment (such as delivery times) will not cause, by act or omission, the driver:(a) to drive on a road or road related area while impaired by fatigue, or(b) to drive while in breach of his or her work and rest hours option, or(c) to drive in breach of another law in order to avoid driving while impaired by fatigue or while in breach of his or her work and rest hours option.Maximum penalty:
(a) in the case of an individual—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—100 penalty units (in the case of a first offence) or 200 penalty units (in the case of a second or subsequent offence).(3) The consignor and consignee each must take all reasonable steps to ensure that the terms of consignment (such as delivery times) will not cause the employer of an employed driver, prime contractor of a self-employed driver or operator of the regulated heavy vehicle by act or omission to cause the driver:(a) to drive on a road or road related area while impaired by fatigue, or(b) to drive while in breach of his or her work and rest hours option, or(c) to drive in breach of another law in order to avoid driving while impaired by fatigue or while in breach of his or her work and rest hours option.Maximum penalty:
(a) in the case of an individual—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—100 penalty units (in the case of a first offence) or 200 penalty units (in the case of a second or subsequent offence).(4) The consignor and consignee each must not cause the driver to drive the vehicle, or enter into a contract or agreement to that effect, unless:(a) the consignor or consignee has complied with subclause (2) and (3), and(b) in the case of an employed driver—the consignor or consignee, after making reasonable inquiries, is satisfied that:(i) the driver’s employer and the operator of the driver’s vehicle have each complied with clause 49, and(ii) the scheduler has complied with clause 50, and(c) in the case of a self-employed driver—the consignor or consignee, after making reasonable inquiries, is satisfied that:(i) if the driver has a prime contractor—the prime contractor of the driver has complied with clause 49, and(ii) the scheduler has complied with clause 50.Maximum penalty:
(a) in the case of an individual—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—75 penalty units (in the case of a first offence) or 150 penalty units (in the case of a second or subsequent offence).(5) The consignor or consignee must not make a demand that affects, or that may affect, a time in a schedule for the transport of the consigned goods and that may cause the driver:(a) to drive on a road or road related area while impaired by fatigue, or(b) to drive while in breach of the driver’s work and rest hours option, or(c) to drive while in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option.Maximum penalty:
(a) in the case of an individual—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—100 penalty units (in the case of a first offence) or 200 penalty units (in the case of a second or subsequent offence).(6) Subclause (5) does not apply if the consignor or consignee, before making the demand:(a) complies with subclauses (2) and (3), and(b) is satisfied, after making reasonable inquiries, that the making of the demand will not cause or permit a person to contravene clause 50.(7) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.(8) In this clause, terms of consignment includes (but is not limited to):(a) terms that are expressed, implied or established by custom or practice, and(b) terms relating to pick-up or delivery times or driving or delivery schedules.
52 Duties of loading managers
(1) A loading manager must take all reasonable steps to ensure that the arrangements for loading, unloading and waiting time of regulated heavy vehicles at the loading manager’s premises will not cause, by act or omission, a driver of a regulated heavy vehicle:(a) to drive on a road or road related area while impaired by fatigue, or(b) to drive while in breach of his or her work and rest hours option, or(c) to drive in breach of another law in order to avoid driving while impaired by fatigue or while in breach of his or her work and rest hours option.Maximum penalty:
(a) in the case of an individual—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—100 penalty units (in the case of a first offence) or 200 penalty units (in the case of a second or subsequent offence).(2) If the loading manager or a person acting under his or her supervision or control:(a) has advised the driver, either directly or indirectly, of when the loading, unloading or waiting time of the vehicle is to start, and the loading manager or person becomes aware that the loading, unloading or waiting time will, or is likely to, start more than 30 minutes late, or(b) has advised the driver, either directly or indirectly, of when the loading, unloading or waiting time of the vehicle is to finish, and the loading manager or person becomes aware that the loading, unloading or waiting time will, or is likely to, finish more than 30 minutes late, or(c) is unable to advise the driver of when the loading, unloading or waiting time of the vehicle is to start, orthe loading manager must take all reasonable steps to ensure that the driver is able to take rest while waiting for the vehicle to be loaded or unloaded.(d) is unable to advise the driver of when the loading, unloading or waiting time of the vehicle is to finish,Maximum penalty:
(a) in the case of an individual—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—75 penalty units (in the case of a first offence) or 150 penalty units (in the case of a second or subsequent offence).(3) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.
53 Duty to assess and manage fatigue of drivers
(1) This clause applies to:(a) the employer of an employed driver of a regulated heavy vehicle, and(b) the prime contractor of a self-employed driver of a regulated heavy vehicle, and(c) the operator of the regulated heavy vehicle if the driver is to make a journey for the operator, and(d) the scheduler of:(i) a regulated heavy vehicle, or(ii) a driver of a regulated heavy vehicle, and(e) the consignor of goods for transport by a regulated heavy vehicle, who carries on business of which a substantial part is prescribed business, and(f) the consignee of goods for transport by a regulated heavy vehicle, who carries on business of which a substantial part is prescribed business, and(g) the loading manager of goods for transport by a regulated heavy vehicle, and(h) the loader of goods for transport by a regulated heavy vehicle, who carries on business of which a substantial part is prescribed business, and(i) the unloader for transport by a regulated heavy vehicle, who carries on business of which a substantial part is prescribed business.(2) A person to whom this clause applies must:(a) identify and assess the aspects of the activities of the person, and the driver, that may lead to a contravention of a fatigue management requirement by the driver, and(b) for each aspect identified and assessed under paragraph (a), identify and assess:(i) the risk of the aspect leading to a contravention of a fatigue management requirement by the driver, and(ii) if there is a risk of the aspect leading to a contravention of a fatigue management requirement by the driver—the measures the person may take to eliminate the risk or, if it is not reasonably practicable to eliminate the risk, to control the risk, and(c) carry out the identification and assessment referred to in paragraphs (a) and (b):(i) at least annually, and(ii) after each event that indicated the way the activities of the person or driver have led, or may lead, to a contravention of a fatigue management requirement by the driver, and
(d) take the measures identified and assessed under paragraph (b) (ii), and(e) document the actions taken under paragraphs (a)–(d) and retain that documentation for at least 3 years.Maximum penalty:
(a) in the case of an individual—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—100 penalty units (in the case of a first offence) or 200 penalty units (in the case of a second or subsequent offence).(3) It is a defence to any proceedings against a person for an offence against subclause (2) if the person proves that:(a) it was not reasonably practicable for the person to comply with that subclause, or(b) the commission of the offence was due to causes over which the person had no control and against the happening of which it was impracticable for the person to make provision.
Subdivision 4 Certain requests, contracts etc prohibited
54 Certain requests etc prohibited
A person must not ask, direct or require (directly or indirectly) a driver or a party in the chain of responsibility to do something that the person knows, or reasonably ought to know, would have the effect of causing the driver:(a) to drive on a road or road related area while impaired by fatigue, or(b) to drive while in breach of his or her work and rest hours option, or(c) to drive in breach of another law in order to avoid driving while impaired by fatigue or while in breach of his or her work and rest hours option.Note.
Example of a requirement that contravenes this clause—a requirement that the driver complete a journey in a time that the person knows or reasonably ought to know cannot be complied with unless the driver commits a speeding offence or does not take all the rest breaks that he or she is required to take.Maximum penalty:
(a) in the case of an individual—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—125 penalty units (in the case of a first offence) or 250 penalty units (in the case of a second or subsequent offence).
55 Certain contracts etc prohibited
(1) A person must not enter into a contract or agreement with a driver or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would have the effect of causing a driver:(a) to drive on a road or road related area while impaired by fatigue, or(b) to drive while in breach of his or her work and rest hours option, or(c) to drive in breach of another law in order to avoid driving while impaired by fatigue or while in breach of his or her work and rest hours option.Maximum penalty:
(a) in the case of an individual—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—125 penalty units (in the case of a first offence) or 250 penalty units (in the case of a second or subsequent offence).(2) A person must not enter into a contract or agreement with a driver or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would encourage or provide an incentive for a party in the chain of responsibility to cause a driver:(a) to drive on a road or road related area while impaired by fatigue, or(b) to drive while in breach of his or her work and rest hours option, or(c) to drive in breach of another law in order to avoid driving while impaired by fatigue or while in breach of his or her work and rest hours option.Maximum penalty:
(a) in the case of an individual—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—125 penalty units (in the case of a first offence) or 250 penalty units (in the case of a second or subsequent offence).
Division 3 Duties relating to work and rest times
Subdivision 1 Key concepts for this Division
56 What is “work and rest hours option”
A driver’s work and rest hours option at any particular time is whichever one of the following applies to the driver at that time under this Part:(a) standard hours,(b) BFM hours,(c) AFM hours,(d) the hours specified in a work and rest hours exemption (whether or not granted in combination with an operator’s BFM or AFM accreditation).
57 What is “work time”
(1) A driver’s work time is:(a) the time that the driver spends driving a regulated heavy vehicle, whether or not it is on a road or road related area, and(b) any other time that the driver spends doing tasks that are related to the operation of a regulated heavy vehicle, including (but not limited to) the following:(i) loading or unloading the vehicle,(ii) inspecting, servicing or repairing the vehicle,(iii) inspecting or attending to the load on the vehicle,(iv) attending to the passengers of a bus,(v) cleaning or refuelling the vehicle,(vi) performing marketing tasks in relation to the operation of the vehicle,(vii) helping with, or supervising, an activity mentioned in subparagraphs (i)–(vi),(viii) recording information, or completing a document, in accordance with this Part or otherwise, in relation to the operation of the vehicle.(2) In this clause:driving includes:
(a) being in the driver’s seat of a regulated heavy vehicle while its engine is running, and(b) being in a regulated heavy vehicle for the purpose of instructing or supervising the driver of the vehicle.marketing tasks includes:
(a) arranging for the transport of passengers or goods, and(b) canvassing for orders for the transport of passengers or goods.
58 What is “rest time”
Rest time of a driver is time that is not work time of the driver.
58A Exception to work time
(1) A period during which the driver of a regulated heavy vehicle is in the driver’s seat of the vehicle while its engine is running counts as rest time if:(a) the vehicle is stationary during that period, and(b) the driver is not subject to work demands during that period, and(c) the period is at least 15 minutes or forms part of a period of rest time of at least 15 minutes.(2) This clause has effect despite paragraph (a) of the definition of driving in clause 57 (2).Note.
Clause 60 provides for the manner in which periods of rest time are to be calculated.
58B Limited personal use on rest days
(1) In this clause, permitted activity means cleaning or refuelling a regulated heavy vehicle or driving a regulated heavy vehicle.(2) A rest period of at least 24 continuous hours of stationary rest time that is required to be taken by a driver under this Regulation may include a period of up to one continuous hour of permitted activity that is to be treated as part of that rest time, but only if:(a) the permitted activity is not done at the direction of the driver’s employer or for fee or reward, and(b) the beginning of the period of permitted activity occurs at least 3 hours after the beginning of the 24-hour rest period, and(c) the end of the period of permitted activity occurs at least 3 hours before the end of the 24-hour rest period.(3) This clause has effect despite clauses 57 and 58.
59 What is a “work and rest change”
A work and rest change for a driver is:(a) a change from work time to rest time, or(b) a change from rest time to work time, or(c) a change from being a solo driver to being a two-up driver, or(d) a change from being a two-up driver to being a solo driver.
60 Counting time, including work and rest time
(1) A period of work time of less than 15 minutes counts as 15 minutes work time.Note.
Examples:• A period of working for 14 minutes counts as 15 minutes work time.• A period of working for 17 minutes counts as 30 minutes work time.• A period of working for 53 minutes counts as 1 hour work time.(2) A period of rest time is counted in blocks of time of no less than 15 minutes.Note.
Examples:• A period of not working for only 14 minutes does not count as rest time (because 14 minutes is less than 15 minutes).• A period of not working for 17 minutes counts as 15 minutes rest time (because 17 minutes is more than 15 minutes, but is less than 2 lots of 15 minutes ie 30 minutes).• A period of not working for 53 minutes counts as 45 minutes rest time (because 53 minutes is more than 3 lots of 15 minutes ie 45 minutes, but is less than 4 lots of 15 minutes ie 60 minutes).(3) When counting time in a period, the time must not be counted from within rest time, but instead must be counted forward:(a) if one or more major rest breaks are relevant to the period, from the end of a relevant major rest break, or(b) in any other case, from the end of a relevant period of rest time.(4) If a driver undertakes a journey and is in a different time zone from the time zone of his or her base at the time when a period of time is relevant for the purposes of this Part, the period must be counted by reference to the time zone of the base.Note.
Example: If it is necessary to determine the night hours of a driver with a base in Western Australia while the driver is in New South Wales on a journey, those night hours are the period between 12 midnight and 6 am in the Western Australian time zone in which the driver’s base is situated (even though those hours equate, for instance, to 3 am to 9 am Eastern Standard Summer Savings Time).(5) Subclauses (1) and (2) do not apply to work time and rest time of a driver in relation to the driving of a bus on a journey undertaken in accordance with a service contract entered into under Part 3 of the Passenger Transport Act 1990.
61 Counting time within the participating zone
In applying this Part to a driver, any time that is spent by the driver in another jurisdiction within the participating zone is to be treated in the same way as it would have been treated if the time had been spent in this jurisdiction.
62 Counting time from outside the participating zone
(1) This clause applies to a driver if the driver drives a regulated heavy vehicle into this jurisdiction from another jurisdiction within the non-participating zone.(2) If, within the last 7 days, the driver has spent any work time inside the participating zone, any time spent by the driver in the other jurisdiction within the non-participating zone is to be treated in the same way as it would have been treated if the time had been spent in this jurisdiction.(3) If, within the last 7 days, the driver spent work time only in the non-participating zone:(a) any time spent in the other jurisdiction before the start of the driver’s last major rest break before entering this jurisdiction is to be disregarded, and(b) any time spent in the other jurisdiction after the start of that major rest break is to be taken into account, and(c) any time spent by the driver in the non-participating zone (or another jurisdiction in the participating zone) after the start of that major rest break is to be treated in the same way as it would have been treated if the time had been spent in this jurisdiction.
Subdivision 2 Standard hours
63 Application of Subdivision
(1) This Subdivision applies to the work and rest times for the driver of a regulated heavy vehicle, if the driver is not working under a BFM or AFM accreditation (the standard hours).(2) The solo driver of a bus has the option to drive under either (but not both):(a) the standard hours set out in clause 64, or(b) the standard hours set out in clause 65.
64 Standard hours—solo drivers
(1) The Table to this clause sets out the standard hours for the solo driver of a regulated heavy vehicle (including a bus).(2) In any period referred to in Column 1 of the Table to this clause, the solo driver:(a) must not work for more than the work time mentioned in Column 2 of that Table, and(b) must have the rest of that period off work, with at least the rest time mentioned in Column 3 of that Table.Maximum penalty:
(a) in relation to a minor risk offence—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence), or(b) in relation to a substantial risk offence—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), or(c) in relation to a severe risk offence—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), or(d) in relation to a critical risk offence—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).(3) A contravention of subclause (2) in relation to a period referred to in Column 1 of the Table to this clause is an offence of the risk category determined in accordance with Column 4 of the Table.(4) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.Standard hours—Solo drivers of a regulated heavy vehicle
65 Standard hours—solo drivers of buses
(1) The Table to this clause sets out the standard hours for the solo driver of a bus.(2) In any period mentioned in Column 1 of the Table to this clause, the solo driver of a bus:(a) must not work for more than the work time mentioned in Column 2 of that Table, and(b) must have the rest of that period off work, with at least the rest time mentioned in Column 3 of that Table.Maximum penalty:
(a) in relation to a minor risk offence—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence), or(b) in relation to a substantial risk offence—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), or(c) in relation to a severe risk offence—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), or(d) in relation to a critical risk offence—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).(3) A contravention of subclause (2) in relation to a period referred to in Column 1 of the Table to this clause is an offence of the risk category determined in accordance with Column 4 of the Table.(4) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.Standard hours—solo drivers of buses
66 Standard hours—two-up drivers
(1) The Table to this clause sets out the standard hours for a two-up driver of a regulated heavy vehicle, except when the two-up driver is working under a BFM or AFM accreditation.(2) In any period mentioned in Column 1 of the Table to this clause, the two-up driver:(a) must not work for more than the work time mentioned in Column 2 of that Table, and(b) must have the rest of that period off work, with at least the rest time mentioned in Column 3 of that Table.Maximum penalty:
(a) in relation to a minor risk offence—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence), or(b) in relation to a substantial risk offence—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), or(c) in relation to a severe risk offence—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence),(d) in relation to a critical risk offence—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).
(3) A contravention of subclause (2) in relation to a period referred to in Column 1 of the Table to this clause is an offence of the risk category determined in accordance with Column 4 of the Table.(4) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.Standard hours—Two-up drivers of a regulated heavy vehicle
Subdivision 3 BFM hours
67 What this Subdivision is about
This Subdivision sets out the work and rest times that apply to the driver of a regulated heavy vehicle, if the driver is working under, and complying with, a BFM accreditation (the BFM hours).
68 BFM hours—solo drivers
(1) The Table to this clause sets out the BFM hours for a solo driver of a regulated heavy vehicle.(2) In any period mentioned in Column 1 of the Table to this clause, the solo driver:(a) must not work for more than the work time mentioned in Column 2 of that Table, and(b) must have the rest of that period off work, with at least the rest time mentioned in Column 3 of that Table.Maximum penalty:
(a) in relation to a minor risk offence—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence), or(b) in relation to a substantial risk offence—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), or(c) in relation to a severe risk offence—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), or(d) in relation to a critical risk offence—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).(3) A contravention of subclause (2) in relation to a period referred to in Column 1 of the Table to this clause is an offence of the risk category determined in accordance with Column 4 of the Table.(4) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.BFM hours—solo drivers of a regulated heavy vehicle
69 Defence for solo drivers relating to split rest breaks
If an offence under BFM hours could have been avoided if the driver had taken a 7 hours continuous rest break, it is a defence for the driver to prove:(a) that he or she was, at the relevant time, driving under BFM hours as a solo driver of a regulated heavy vehicle, and(b) that he or she took a 6 hour continuous rest break and a 2 hour continuous rest break within the same 24 hour period (a split rest break), and(c) that he or she had not taken a split rest break in the previous 24 hour period.Note.
Example—a driver stops work to take a 7 hour continuous rest break, but cannot sleep, so the driver takes only 2 hours continuous rest and then drives on for a further 2 hours and takes a further 6 hours continuous rest at another place down the road.
70 BFM hours—two-up drivers
(1) The Table to this clause sets out the BFM hours for a two-up driver of a regulated heavy vehicle.(2) In any period mentioned in Column 1 of the Table to this clause, the two-up driver:(a) must not work for more than the work time mentioned in Column 2 of that Table, and(b) must have the rest of that period off work, with at least the rest time mentioned in Column 3 of that Table.Maximum penalty:
(a) in relation to a minor risk offence—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence), or(b) in relation to a substantial risk offence—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), or(c) in relation to a severe risk offence—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), or(d) in relation to a critical risk offence—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).(3) A contravention of subclause (2) in relation to a period referred to in Column 1 of the Table to this clause is an offence of the risk category determined in accordance with Column 4 of the Table.(4) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.BFM hours—two-up drivers of a regulated heavy vehicle
Subdivision 4 AFM hours
71 AFM hours
(1) The accreditation certificate issued for an AFM accreditation sets out the work and rest times that apply to the driver of a regulated heavy vehicle, if the driver is working under, and complying with, the accreditation (the AFM hours).(2) In any period specified in the AFM accreditation, the driver:(a) must not work for more than the maximum work time specified in the AFM hours, and(b) must have at least the minimum rest time specified in the AFM hours.Maximum penalty:
(a) in relation to a minor risk offence—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence), or(b) in relation to a substantial risk offence—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), or(c) in relation to a severe risk offence—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), or(d) in relation to a critical risk offence—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).(3) A contravention of subclause (2) in relation to a period referred to in Column 1 of the Table to this clause is an offence of the risk category determined in accordance with Column 4 of the Table.(4) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.AFM hours—Penalties
72 AFM outer limits
(1) The Table to this subclause sets out the AFM outer limits for a driver of a regulated heavy vehicle.AFM outer limits
6 continuous hrs stationary rest time (or in the case of a two-up driver, rest in an approved sleeper berth), or
8 hrs stationary rest time (or in the case of a two-up driver, rest in an approved sleeper berth) taken in no more than 2 blocksMaximum penalty:
(a) in relation to a minor risk offence—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence), or(b) in relation to a substantial risk offence—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), or(c) in relation to a severe risk offence—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), or(d) in relation to a critical risk offence—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).(3) In any period mentioned in Column 1 of the Table to this clause, the two-up driver:(a) must not work for more than the work time mentioned in Column 2 of that Table, and(b) must have the rest of that period off work, with at least the rest time mentioned in Column 3 of that Table.Maximum penalty:
(a) in relation to a minor risk offence—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence), or(b) in relation to a substantial risk offence—15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), or(c) in relation to a severe risk offence—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), or(d) in relation to a critical risk offence—25 penalty units (in the case of a first offence) or 50 penalty units (in the case of a second or subsequent offence).(4) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.(5) A contravention of subclause (2) or (3) in relation to a period referred to in Column 1 of the Table to this subclause is an offence of the risk category determined in accordance with Column 4 of that Table.AFM outer limits—penalties
Subdivision 5 Changing work and rest hours option
73 Changing work and rest hours option
(1) A driver of a regulated heavy vehicle may drive under only one work and rest hours option at any one time.(2) However, a driver may change from one work and rest hours option to a different work and rest hours option.(3) A driver must not drive a regulated heavy vehicle after changing from one work and rest hours option to a different work and rest hours option unless:(a) if the change is from standard hours or BFM hours—either:(i) the driver is in compliance with all the work and rest time requirements of the work and rest hours option to which he or she has changed, or(ii) the driver has had a reset rest break, and(b) if the change is from AFM hours or the hours specified in a work and rest hours exemption—the driver has had a reset rest break, and
174 Withdrawal of formal warnings
The class of persons comprising the Enforcement Litigation Inspection Program Services section of the Authority is prescribed as a class of persons who may, under section 106 of the Act, withdraw a formal warning given under section 105 of the Act.
175 (Repealed)
176 Offence: failure to comply with order, notice, direction, requirement or request
(1) A person who fails, without reasonable excuse, to comply with any order, notice, direction, requirement or request given or made to the person under this Regulation is guilty of an offence.Maximum penalty: 20 penalty units.
(2) A person is not liable to be punished for an offence against subclause (1) for a failure to comply with an order, notice, direction, requirement or request given or made to the person under this Regulation if the person is liable to be punished for an offence in respect of the same failure to comply under another provision of this Regulation.
177 Offence: false or misleading information
A person must not, in purported compliance with any provision of this Regulation, provide information that the person knows to be false or misleading in a material particular.Maximum penalty: 20 penalty units.
178 General defence of accident or reasonable effort
A person is not liable to a penalty for any offence under this Regulation if the person proves to the satisfaction of the court dealing with the case that the offence:(a) was the result of accident, or(b) could not have been avoided by any reasonable efforts on the person’s part.
179 Repeals and savings
(1) The following regulations are repealed:(a) the Road Transport (General) Regulation 1999,(b) the Road Transport (General) (Penalty Notice Offences) Regulation 2002.(2) Any act, matter or thing that, immediately before the repeal of a regulation by subclause (1), had effect under the regulation concerned is taken to have effect under this Regulation.(3) Without limiting subclause (2):(a) an appeal made under Part 1 of Schedule 2 to the Road Transport (General) Regulation 1999 and not finally determined on the repeal of that Regulation is taken to have been made under Part 3 of this Regulation and may be heard and determined accordingly, and(b) a person who was an authorised officer of a particular class for the purposes of the Road Transport (General) (Penalty Notice Offences) Regulation 2002 immediately before the repeal of that Regulation is taken to be an authorised officer of that class for the purposes of Schedule 2.
180 Transitional provisions
(1) A person who, immediately before the commencement of the Road Transport (General) Act 2005, was an authorised officer referred to in paragraph (a) or (b) of the definition of that term in the Dictionary to the Roads Act 1993 is taken, until 30 June 2006, to be an authorised officer for the purposes of the Road Transport (General) Act 2005.(2) Clause 18, as in force before it was amended by the Road Transport (General) Amendment (Driver Licensing) Regulation 2008, continues to apply in respect of a decision made under the Road Transport (Driver Licensing) Regulation 1999 before the repeal of that Regulation.
Schedules 1–3
Historical notes
The following abbreviations are used in the Historical notes:
| Am | amended | LW | legislation website | Sch | Schedule |
| Cl | clause | No | number | Schs | Schedules |
| Cll | clauses | p | page | Sec | section |
| Div | Division | pp | pages | Secs | sections |
| Divs | Divisions | Reg | Regulation | Subdiv | Subdivision |
| GG | Government Gazette | Regs | Regulations | Subdivs | Subdivisions |
| Ins | inserted | Rep | repealed | Subst | substituted |
Table of amending instruments
Road Transport (Vehicle and Driver Management) Regulation 2005 (606) (formerly Road Transport (General) Regulation 2005). GG No 120 of 30.9.2005, p 7738. Date of commencement, 30.9.2005, cl 2. This Regulation has been amended as follows:
2005 | (730) | Road Transport (General) Amendment (Penalty Notice Offence) Regulation 2005. GG No 140 of 18.11.2005, p 9534. |
No 98 | Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. | |
2006 | (26) | Road Transport (General) Amendment (Penalty Notice Offences) Regulation 2006. GG No 13 of 27.1.2006, p 493. |
(228) | Road Transport (General) Amendment (Penalty Notices relating to Mass Requirements) Regulation 2006. GG No 61 of 5.5.2006, p 2690. | |
(329) | Road Transport (General) Amendment (Penalty Levels) Regulation 2006. GG No 82 of 23.6.2006, p 4667. | |
(440) | Road Transport (General) Amendment (Mobility Parking Scheme Penalty Notice Offences) Regulation 2006. GG No 100 of 11.8.2006, p 6181. | |
2007 | (213) | Road Transport (General) Amendment (School Zones) Regulation 2007. GG No 68 of 18.5.2007, p 2762. |
(242) | Road Transport (General) Amendment (Novice Drivers) Regulation 2007. GG No 76 of 8.6.2007, p 3659. | |
(302) | Road Transport (General) Amendment (Penalty Levels and Fees) Regulation 2007. GG No 83 of 29.6.2007, p 4126. | |
(470) | Road Transport (General) Amendment (Class 9 and 10 Officers) Regulation 2007. GG No 121 of 14.9.2007, p 7059. | |
(520) | Road Transport (General) Amendment (Vehicle Registration) Regulation 2007. GG No 156 of 26.10.2007, p 7892. | |
(530) | Road Transport (General) Amendment (Mobility Parking) Regulation 2007. GG No 160 of 2.11.2007, p 8216. | |
No 54 | Tow Truck Industry Amendment Act 2007. Assented to 15.11.2007. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. | |
2008 | No 4 | Road Transport Legislation Amendment (Car Hoons) Act 2008. Assented to 19.3.2008. |
(187) | Road Transport (General) Amendment (Rules Consolidation) Regulation 2008. GG No 69 of 13.6.2008, p 5320. | |
(256) | Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2008. GG No 76 of 27.6.2008, p 6302. | |
(398) | Road Transport (General) Amendment (Driver Licensing) Regulation 2008. GG No 106 of 29.8.2008, p 8827. | |
(429) | Road Transport (General) Amendment (Heavy Vehicle Driver Fatigue and Speeding Compliance) Regulation 2008. GG No 123 of 26.9.2008, p 9407. | |
(432) | Road Transport (General) Amendment Regulation 2008. GG No 123 of 26.9.2008, p 9557. | |
No 82 | Road Transport (Driver Licensing) Amendment (Demerit Points System) Act 2008. Assented to 5.11.2008. | |
(527) | Road Transport (General) Amendment (No Standing Signs) Regulation 2008. GG No 150 of 21.11.2008, p 11257. | |
2009 | (215) | Road Transport (General) Amendment (Graduated Rider Licensing) Regulation 2009. LW 29.5.2009. |
No 50 | Road Transport Legislation Amendment (Traffic Offence Detection) Act 2009. Assented to 26.6.2009. | |
(278) | Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2009. LW 26.6.2009. | |
(296) | Road Transport (General) Amendment (Speeding Offences) Regulation 2009. LW 26.6.2009. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. | |
No 69 | Road Transport (General) Amendment (Consecutive Disqualification Periods) Act 2009. Assented to 1.10.2009. | |
(506) | Road Transport (General) Amendment (Miscellaneous) Regulation 2009. LW 16.10.2009. | |
(541) | Road Transport (General) Amendment (Class 1 Officers) Regulation 2009. LW 20.11.2009. | |
(547) | Road Transport (General) Amendment (Penalty Notice Offences) Regulation 2009. LW 27.11.2009. | |
No 106 | Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009. | |
2010 | (48) | Road Transport (General) Amendment (Child Restraint Measures) Regulation 2010. LW 19.2.2010. |
(299) | Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2010. LW 25.6.2010. | |
(374) | Road Transport (General) Amendment (Keep Left Offences) Regulation 2010. LW 16.7.2010. | |
(398) | Road Transport (General) Amendment (Over-height Vehicle Offences) Regulation 2010. LW 30.7.2010. | |
(602) | Road Transport (General) Amendment (Declared Organisations) Regulation 2010. LW 22.10.2010. | |
2011 | (9) | Road Transport (General) Amendment (Penalty Notice Offences) Regulation 2011. LW 14.1.2011. |
(23) | Road Transport (General) Amendment (Written-off Vehicles) Regulation 2011. LW 21.1.2011. | |
(35) | Road Transport (General) Amendment (Nomination Penalty Notice Offences) Regulation 2011. LW 28.1.2011. | |
(165) | Road Transport (General) Amendment (Tracked Vehicles) Regulation 2011. LW 3.3.2011. | |
(176) | Road Transport (General) Amendment (Heavy Vehicle) Regulation 2011. LW 3.3.2011. | |
(325) | Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2011. LW 1.7.2011. | |
(613) | Road Transport (General) Amendment (Certification of Vehicles) Regulation 2011. LW 2.12.2011. | |
2012 | (104) | Road Transport (General) Amendment (Parking Schemes) Regulation 2012. LW 16.3.2012. |
No 17 | Road Transport Legislation Amendment (Offender Nomination) Act 2012. Assented to 11.4.2012. | |
No 23 | Road Transport (General) Amendment (Vehicle Sanctions) Act 2012. Assented to 3.5.2012. | |
No 42 | Statute Law (Miscellaneous Provisions) Act 2012. Assented to 21.6.2012. | |
No 46 | State Revenue and Other Legislation Amendment (Budget Measures) Act 2012. Assented to 25.6.2012. | |
(309) | Road Transport Legislation Amendment (Fees) Regulation 2012. LW 29.6.2012. | |
(535) | Road Transport (General) Amendment (Miscellaneous) Regulation 2012. LW 26.10.2012. | |
No 95 | Statute Law (Miscellaneous Provisions) Act (No 2) 2012. Assented to 21.11.2012. | |
No 96 | Forestry Act 2012. Assented to 21.11.2012. | |
2013 | No 20 | Road Transport (Statutory Rules) Act 2013. Assented to 3.4.2013. |
Table of amendments
Cl 1 | Am 2013 No 20, Sch 2 [1]. |
Cl 3 | Am 2007 (213), Sch 1 [1]; 2008 (187), Sch 1 [1] [2]; 2013 No 20, Sch 2 [2]. |
Cl 3A | Ins 2011 (23), Sch 1 [1]. Subst 2013 No 20, Sch 2 [3]. |
Part 2 | Rep 2013 No 20, Sch 2 [4]. |
Part 2, Div 1 (cll 4, 5) | Rep 2013 No 20, Sch 2 [4]. |
Part 2, Div 2 | Rep 2013 No 20, Sch 2 [4]. |
Cl 6 | Am 2008 (398), Sch 1 [1]; 2009 No 69, Sch 2.2. Rep 2013 No 20, Sch 2 [4]. |
Cl 7 | Am 2011 (613), Sch 1 [1]. Rep 2013 No 20, Sch 2 [4]. |
Cl 8 | Rep 2013 No 20, Sch 2 [4]. |
Part 2, Div 3 (cll 9, 10) | Rep 2013 No 20, Sch 2 [4]. |
Part 3 | Rep 2013 No 20, Sch 2 [5]. |
Part 3, Div 1 | Rep 2013 No 20, Sch 2 [5]. |
Cl 11 | Am 2007 (520), Sch 1 [1]; 2008 (398), Sch 1 [2]. Rep 2013 No 20, Sch 2 [5]. |
Cl 12 | Rep 2013 No 20, Sch 2 [5]. |
Part 3, Div 2 | Rep 2013 No 20, Sch 2 [5]. |
Cl 13 | Am 2007 (520), Sch 1 [2] [3]; 2007 No 94, Schs 1.89 [1] [2], 2. Rep 2013 No 20, Sch 2 [5]. |
Cl 14 | Am 2007 (520), Sch 1 [1]; 2007 No 94, Schs 2, 3. Rep 2013 No 20, Sch 2 [5]. |
Cl 15 | Am 2007 (520), Sch 1 [1]; 2007 No 94, Schs 1.89 [3] [4], 2; 2008 No 4, Sch 3.3 [1]; 2011 (23), Sch 1 [2]. Rep 2013 No 20, Sch 2 [5]. |
Cl 16 | Am 2007 No 94, Schs 2, 3; 2008 No 4, Sch 3.3 [2]; 2012 No 23, Sch 3.1 [1]. Rep 2013 No 20, Sch 2 [5]. |
Part 3, Div 3 | Rep 2013 No 20, Sch 2 [5]. |
Cl 17 | Am 2007 No 94, Sch 2. Rep 2013 No 20, Sch 2 [5]. |
Cl 18 | Am 2007 No 94, Schs 1.89 [5] [6], 2; 2008 (398), Sch 1 [2]–[7]; 2008 No 82, Sch 3 [1] [2]; 2009 No 56, Sch 2.54. Rep 2013 No 20, Sch 2 [5]. |
Cl 19 | Am 2007 No 94, Sch 2. Rep 2013 No 20, Sch 2 [5]. |
Cl 20 | Am 2007 No 94, Schs 2, 3; 2008 (398), Sch 1 [2] [8]. Rep 2013 No 20, Sch 2 [5]. |
Cl 21 | Rep 2013 No 20, Sch 2 [5]. |
Part 3, Div 4 | Rep 2013 No 20, Sch 2 [5]. |
Cl 22 | Am 2007 No 94, Schs 1.89 [7] [8], 2. Rep 2013 No 20, Sch 2 [5]. |
Cl 23 | Am 2007 No 94, Schs 2, 3. Rep 2013 No 20, Sch 2 [5]. |
Cl 24 | Am 2007 No 94, Sch 2. Rep 2013 No 20, Sch 2 [5]. |
Part 3, Div 5 | Rep 2013 No 20, Sch 2 [5]. |
Cl 25AA | Ins 2011 (613), Sch 1 [2]. Rep 2013 No 20, Sch 2 [5]. |
Cl 25 | Am 2007 No 94, Schs 1.89 [9] [10], 2; 2008 (398), Sch 1 [2] [9]; 2008 (429), Sch 1 [1]; 2011 (613), Sch 1 [3] [4]. Rep 2013 No 20, Sch 2 [5]. |
Cl 26 | Am 2007 No 94, Schs 2, 3; 2008 (429), Sch 1 [2]; 2011 (613), Sch 1 [4]. Rep 2011 (613), Sch 1 [4]. |
Cl 27 | Am 2007 No 94, Sch 2. Rep 2012 No 23, Sch 3.1 [2]. |
Cl 28 | Am 2007 (520), Sch 1 [4]–[7]; 2007 No 94, Schs 1.89 [11] [12], 2; 2011 (613), Sch 1 [3] [5]; 2012 No 42, Sch 2.34. Rep 2013 No 20, Sch 2 [5]. |
Cl 29 | Am 2007 (520), Sch 1 [1]; 2007 No 94, Schs 2, 3; 2011 (613), Sch 1 [5]. Rep 2011 (613), Sch 1 [5]. |
Cl 29A | Ins 2007 (530), Sch 1. Am 2008 (187), Sch 1 [3]; 2009 No 106, Sch 4.26 [1]; 2011 (613), Sch 1 [3] [6]; 2012 No 42, Sch 2.34. Rep 2013 No 20, Sch 2 [5]. |
Cl 29B | Ins 2007 (530), Sch 1. Am 2008 (187), Sch 1 [4]; 2009 No 106, Sch 4.26 [1] [2]; 2011 (613), Sch 1 [6]. Rep 2011 (613), Sch 1 [6]. Ins 2011 (613), Sch 1 [7]. Rep 2013 No 20, Sch 2 [5]. |
Part 4 | Rep 2011 (23), Sch 1 [3]. Ins 2012 No 23, Sch 3.1 [3]. |
Cl 29C | Ins 2012 No 23, Sch 3.1 [3]. |
Cl 30 | Am 2008 (187), Sch 1 [5]. Rep 2011 (23), Sch 1 [3]. |
Cll 31–35 | Rep 2011 (23), Sch 1 [3]. |
Part 5, heading | Am 2008 (432), Sch 1 [1]; 2012 No 23, Sch 3.1 [4]. Rep 2013 No 20, Sch 2 [6]. |
Part 5 | Rep 2013 No 20, Sch 2 [6]. |
Cl 36 | Am 2008 (432), Sch 1 [2]; 2012 No 23, Sch 3.1 [5]. Rep 2013 No 20, Sch 2 [6]. |
Cl 37 | Am 2012 No 23, Sch 3.1 [6]–[9]. Rep 2013 No 20, Sch 2 [6]. |
Cl 38 | Am 2008 No 4, Sch 3.3 [3]–[6]; 2012 No 23, Sch 3.1 [10]–[16]. Rep 2013 No 20, Sch 2 [6]. |
Cl 38A | Ins 2008 (432), Sch 1 [3]. Rep 2012 No 23, Sch 3.1 [17]. |
Part 6 | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 1 | Ins 2008 (429), Sch 1 [3]. |
Cl 39 | Ins 2008 (429), Sch 1 [3]. Am 2009 (506), Sch 1 [1]. |
Cll 40–42 | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 2 | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 2, Subdiv 1 | Ins 2008 (429), Sch 1 [3]. |
Cl 43 | Rep 2006 (228), Sch 1 [1]. Ins 2008 (429), Sch 1 [3]. |
Cl 44 | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 2, Subdivs 2–4 (cll 45–55) | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 3 | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 3, Subdiv 1 | Ins 2008 (429), Sch 1 [3]. |
Cll 56–58 | Ins 2008 (429), Sch 1 [3]. |
Cll 58A, 58B | Ins 2011 (176), Sch 1 [1]. |
Cl 59 | Ins 2008 (429), Sch 1 [3]. |
Cl 60 | Ins 2008 (429), Sch 1 [3]. Am 2011 (176), Sch 1 [2]. |
Cll 61, 62 | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 3, Subdivs 2, 3 (cll 63–70) | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 3, Subdiv 4 | Ins 2008 (429), Sch 1 [3]. |
Cl 71 | Ins 2008 (429), Sch 1 [3]. |
Cl 72 | Ins 2008 (429), Sch 1 [3]. Am 2011 (176), Sch 1 [3]. |
Part 6, Div 3, Subdiv 5 (cl 73) | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 4 | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 4, Subdiv 1 | Ins 2008 (429), Sch 1 [3]. |
Cl 73A | Ins 2011 (176), Sch 1 [4]. |
Cl 74 | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 4, Subdiv 2 | Ins 2008 (429), Sch 1 [3]. |
Cl 75 | Ins 2008 (429), Sch 1 [3]. Am 2011 (176), Sch 1 [5]. |
Cl 76 | Ins 2008 (429), Sch 1 [3]. Am 2011 (176), Sch 1 [6] [7]. |
Cl 77 | Ins 2008 (429), Sch 1 [3]. |
Cl 78 | Ins 2008 (429), Sch 1 [3]. Am 2012 No 95, Sch 2.31. |
Cll 79, 80 | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 4, Subdiv 3 | Ins 2008 (429), Sch 1 [3]. |
Cl 81 | Ins 2008 (429), Sch 1 [3]. Am 2011 (176), Sch 1 [8]. |
Cl 82 | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 4, Subdivs 4–6 (cll 83–101) | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 5 | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 5, Subdiv 1 | Ins 2008 (429), Sch 1 [3]. |
Cll 102–105 | Ins 2008 (429), Sch 1 [3]. |
Cl 106 | Ins 2008 (429), Sch 1 [3]. Am 2011 (176), Sch 1 [9]. |
Cll 107–111 | Ins 2008 (429), Sch 1 [3]. |
Cl 112 | Ins 2008 (429), Sch 1 [3]. Am 2011 (176), Sch 1 [10]. |
Cll 113, 114 | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 5, Subdiv 2 | Ins 2008 (429), Sch 1 [3]. |
Cl 115 | Ins 2008 (429), Sch 1 [3]. Subst 2011 (176), Sch 1 [11]. |
Cll 115A–115E | Ins 2011 (176), Sch 1 [11]. |
Cll 116–122 | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 5, Subdivs 3–5 (cll 123–132) | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 6 | Ins 2008 (429), Sch 1 [3]. |
Cll 133–139 | Ins 2008 (429), Sch 1 [3]. |
Cl 140 | Ins 2008 (429), Sch 1 [3]. Subst 2013 No 20, Sch 2 [7]. |
Part 6, Div 7 | Ins 2008 (429), Sch 1 [3]. |
Part 6, Div 7, Subdiv 1 | Ins 2008 (429), Sch 1 [3]. |
Cll 141, 142 | Ins 2008 (429), Sch 1 [3]. |
Cl 142A | Ins 2009 (506), Sch 1 [2]. |
Part 6, Div 7, Subdiv 2 (cll 143–150) | Ins 2008 (429), Sch 1 [3]. |
Part 7 | Ins 2008 (429), Sch 1 [3]. |
Part 7, Div 1 | Ins 2008 (429), Sch 1 [3]. |
Cl 151 | Ins 2008 (429), Sch 1 [3]. |
Cl 152 | Ins 2008 (429), Sch 1 [3]. Am 2009 (506), Sch 1 [3]. |
Cll 153, 154 | Ins 2008 (429), Sch 1 [3]. |
Part 7, Divs 2, 3 (cll 155–167) | Ins 2008 (429), Sch 1 [3]. |
Part 7, Div 4 (cll 167A, 167B) | Ins 2011 (176), Sch 1 [12]. |
Part 8 (previously Part 6) | Renumbered 2008 (429), Sch 1 [4]. Rep 2013 No 20, Sch 2 [8]. |
Cl 168 (previously cl 39) | Am 2008 (187), Sch 1 [6] [7]. Renumbered 2008 (429), Sch 1 [4]. Am 2009 No 50, Sch 2.6 [1]; 2010 (602), Sch 1 [1]. Rep 2013 No 20, Sch 2 [8]. |
Cl 169 (previously cl 40) | Renumbered 2008 (429), Sch 1 [4]. Am 2012 No 17, Sch 2.2 [1] [2]. Rep 2013 No 20, Sch 2 [8]. |
Cl 170 (previously cl 41) | Subst 2006 (329), Sch 1. Am 2007 (213), Sch 1 [2]. Subst 2007 (302), Sch 1 [1]; 2008 (256), Sch 1. Renumbered 2008 (429), Sch 1 [4]. Subst 2009 (278), Sch 1 [1]; 2010 (299), Sch 1 [1]; 2011 (325), Sch 1 [1]; 2012 No 46, Sch 3.1. Rep 2013 No 20, Sch 2 [8]. |
Cl 171 (previously cl 42) | Renumbered 2008 (429), Sch 1 [4]. Rep 2013 No 20, Sch 2 [8]. |
Part 9 (previously Part 7) | Renumbered 2008 (429), Sch 1 [4]. |
Cl 171A | Ins 2011 (165), cl 3. Rep 2013 No 20, Sch 2 [9]. |
Cl 172 (previously cl 44) | Am 2008 (187), Sch 1 [8] [9]. Renumbered 2008 (429), Sch 1 [4]. Rep 2013 No 20, Sch 2 [10]. |
Cll 173, 174 (previously cll 45, 46) | Renumbered 2008 (429), Sch 1 [4]. |
Cl 175 (previously cl 47) | Renumbered 2008 (429), Sch 1 [4]. Rep 2013 No 20, Sch 2 [11]. |
Cll 176–179 (previously cll 48–51) | Renumbered 2008 (429), Sch 1 [4]. |
Cl 180 (previously cl 52) | Am 2008 (398), Sch 1 [10]. Renumbered 2008 (429), Sch 1 [4]. |
Sch 1 | Subst 2007 (302), Sch 1 [2]. Am 2008 (429), Sch 1 [5]; 2008 (432), Sch 1 [4]–[6]. Subst 2009 (278), Sch 1 [2]; 2010 (299), Sch 1 [2]; 2011 (325), Sch 1 [2]. Am 2012 No 23, Sch 3.1 [18] [19]. Subst 2012 (309), Sch 1. Rep 2013 No 20, Sch 2 [12]. |
Sch 2 | Am 2007 (470), cl 2; 2007 No 54, Sch 2.4; 2008 (429), Sch 1 [6]; 2009 (541), cl 3; 2010 (602), Sch 1 [2]; 2012 No 96, Sch 4.36. Rep 2013 No 20, Sch 2 [13]. |
Sch 3 | Am 2005 (730), cl 3; 2005 No 98, Sch 2.51; 2006 (26), cl 3; 2006 (228), Sch 1 [2]; 2006 (440), Sch 1; 2007 (213), Sch 1 [3]–[5]; 2007 (242), Sch 1 [1] [2]; 2007 (520), Sch 1 [8]; 2008 No 4, Sch 3.3 [7] [8]; 2008 (187), Sch 1 [10] [11]; 2008 (398), Sch 1 [11]; 2008 (429), Sch 1 [7]–[9]; 2008 (527), Sch 1 [1]–[3]; 2009 (215), cl 3; 2009 No 50, Sch 2.6 [2]; 2009 (296), Sch 1; 2009 (547), Sch 1 [1]–[12]; 2010 (48), cl 3; 2010 (299), Sch 1 [3]; 2010 (374), Sch 1 [1] [2]; 2010 (398), cl 3 (1) (2); 2010 (602), Sch 1 [3] [4]; 2011 (9), Sch 1 [1]–[3]; 2011 (23), Sch 1 [4] [5]; 2011 (35), cl 3; 2011 (176), Sch 1 [13]; 2011 (613), Sch 1 [8] [9]; 2012 (104), cl 3; 2012 No 23, Sch 3.1 [20]–[23]; 2012 (535), cl 3 (1)–(3). Rep 2013 No 20, Sch 2 [14]. |
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