State Transport Amendment Regulation (No. 1) 1995 (Qld)

Queensland Subordinate Legislation 1995 No. 81 State Transport Act 1960 STATE TRANSPORT AMENDMENT REGULATION (No. 1) 1995 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 91 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new s 91AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 91AA Part does not apply to driver of defence force vehicles . . . . . . . . . . 5 6 Amendment s 91A (Driving limits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 91B (Prohibition from driving beyond driving limits) . . . 6 8 Insertion of new s 91BB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 91BB Ensuring driver complies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Amendment of s 91D (Documents to be carried while driving heavy vehicles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Amendment of s 91E (Applying for a log book) . . . . . . . . . . . . . . . . . . . . . . 7 11 Insertion of new s 91EA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 91EA Return of log books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Amendment of s 91F (Completing log books generally) . . . . . . . . . . . . . . . 8 13 Amendment of s 91G (Completing daily sheets) . . . . . . . . . . . . . . . . . . . . . 8 14 Omission of s 91J (Manifests to be kept) . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15 Omission of s 91K (Payment records to be kept) . . . . . . . . . . . . . . . . . . . . . 9

2 State Transport Amendment (No. 1) No. 81, 1995 16 Amendment of s 91L (Additional powers of authorised officers) . . . . . . . . 9 17 Amendment of s 91N (Seizure of books) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 18 Amendment of s 91R (When documents need not be kept) . . . . . . . . . . . . 9 19 Amendment of s 91T (Exemption from this Part) . . . . . . . . . . . . . . . . . . . . . 10 20 Amendment of s 93 (False or misleading documents) . . . . . . . . . . . . . . . . . 10 21 Amendment of s 95 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . . 10

s1 3 s3 State Transport Amendment (No. 1) No. 81, 1995 ˙ Short title 1. This regulation may be cited as the State Transport Amendment Regulation (No. 1) 1995 . ˙ Regulation amended 2. This regulation amends the State Transport Regulation 1987 . ˙ Amendment of s 5 (Interpretation) 3.(1) Section 5, heading— omit, insert— ‘ Definitions ’. (2) Section 5(1), definitions “authorised log book” , “chief executive” and “the Act” — omit. (3) Section 5(1)— insert— ‘ “certificate of registration” means— (a) a certificate of registration issued under the TransportInfrastructure (Roads) Act 1991 ; or (b) a certificate, issued under a corresponding registration law, that a vehicle is registered under the law. “corresponding fatigue law” means a law of the Commonwealth or another State about fatigue management for drivers of heavy vehicles. “corresponding registration law” means a law of the Commonwealth or another State about the registration of vehicles. “heavy vehicle” means a motor vehicle (other than a motorhome) having— (a) a tare of more than 4 t; and (b) a vehicle mass of more than 4.5 t. “log book” means a log book—

s4 4 s4 State Transport Amendment (No. 1) No. 81, 1995 (a) in an approved form issued by the chief executive; or (b) issued under a corresponding fatigue law. “State” includes Territory. “vehicle mass” of a motor vehicle means the mass of the vehicle— (a) stated in a certificate of registration; or (b) if paragraph (a) does not apply—displayed on the vehicle, as required under a corresponding registration law; or (c) if paragraph (a) and (b) do not apply—stated on the vehicle’s compliance plate; or (d) if paragraph (a), (b) and (c) do not apply—determined by weighing the vehicle and its load (if any) on a weighing device.’. (4) Section 5(2)— omit. ˙ Amendment of s 91 (Definitions) 4.(1) Section 91, definitions “corresponding law” , “driving” , “heavy vehicle” , “goods” and “log book” — omit. (2) Section 91— insert— ‘ “daily sheet” means— (a) a daily sheet in a log book issued by the chief executive; or (b) a document that corresponds to a daily sheet in a log book issued under a corresponding fatigue law. “driving” , for the driver of a heavy vehicle, includes the following activities— (a) completing a document required to be completed under this Part; (b) loading or unloading any heavy vehicle; (c) supervising the loading or unloading of any heavy vehicle;

s5 5 s6 State Transport Amendment (No. 1) No. 81, 1995 (d) attending to goods or persons on any heavy vehicle; (e) refuelling, servicing, repairing, cleaning or otherwise working on any heavy vehicle; (f) resting for a period of less than 30 consecutive minutes; (g) being in any heavy vehicle while another person drives the vehicle.’. ˙ Insertion of new s 91AA 5. After section 91— insert— ˙ ‘ Part does not apply to driver of defence force vehicles ‘ 91AA. This Part does not apply to a person who— (a) is a member of the Australian Defence Force; and (b) is performing the person’s functions as a member.’. ˙ Amendment s 91A (Driving limits) 6.(1) Section 91A(1)(d)— omit, insert— ‘(d) if the person has not had, or (when intercepted by an authorised officer) cannot have, at least the following periods of rest— (i) 30 consecutive minutes of rest after each 5 hours of driving; (ii) in any 24 hours— (A) 3 hours of rest; and (B) 6 consecutive hours of rest; (iii) 24 consecutive hours of rest in any 168 hours.’. (2) Section 91A(3), ‘section 91B(1A)’— omit, insert— ‘section 91B’.

s7 6 s8 State Transport Amendment (No. 1) No. 81, 1995 ˙ Amendment of s 91B (Prohibition from driving beyond driving limits) 7.(1) Section 91B, penalty— omit, insert— ‘Maximum penalty for subsection (7)—4 penalty units.’. (2) Section 91B— insert— ‘ (10) Without limiting subsection (1), it is reasonable for the officer to suspect the driver has contravened section 91A(1) if the driver— (a) is not carrying a log book; or (b) has not, in the 168 hours before the officer intercepted the driver, entered information in a daily sheet in the way required under section 91G.’. ˙ Insertion of new s 91BB 8. After section 91B— insert— ˙ ‘ Ensuring driver complies ‘ 91BB.(1) Each of the following persons (a “responsible person” ) must ensure the driver of a heavy vehicle complies with sections 91A and 91B— (a) the driver’s employer; (b) the owner of the vehicle; (c) if someone else controls or directly influences the loading or operation of the vehicle—the other person. Maximum penalty—4 penalty units. ‘ (2) Evidence that the driver has contravened section 91A or 91B is evidence that the responsible person has contravened subsection (1). ‘ (3) Without limiting subsection (2)— (a) the driver’s contravention may be proved by evidence that the driver was convicted of the contravention; and

s9 7 s9 State Transport Amendment (No. 1) No. 81, 1995 (b) the driver’s conviction may be proved by producing a certificate of the driver’s conviction for the contravention. ‘ (4) It is a defence for the responsible person to prove— (a) the responsible person took reasonable precautions and exercised due diligence to avoid the conduct alleged to constitute the offence committed by the driver; and (b) the offence was committed without the responsible person’s knowledge; and (c) the responsible person could not by exercising reasonable diligence have stopped the offence being committed. ‘ (5) In this section— “conviction” means— (a) a finding of guilt, or the acceptance of a plea of guilty, by a court, whether of not a conviction is recorded; or (b) the payment of an infringement notice penalty under the JusticesAct 1886 .’. ˙ Amendment of s 91D (Documents to be carried while driving heavy vehicles) 9.(1) Section 91D(1)(a)— omit, insert— ‘(a) the person carries in the vehicle a log book— (i) issued to the person; and (ii) in which entries can be made; and’. (2) Section 91D— insert— ‘ (3) The person must not carry more than 1 log book in which entries can be made. Maximum penalty—4 penalty units.’.

s 10 8 s 11 State Transport Amendment (No. 1) No. 81, 1995 ˙ Amendment of s 91E (Applying for a log book) 10. Section 91E(2)(c)(ii)— omit, insert— ‘(ii) if the log book has been lost, stolen, destroyed or left behind—a written statement to that effect; or’. ˙ Insertion of new s 91EA 11. After section 91E— insert— ˙ ‘ Return of log books ‘ 91EA.(1) Subsection (2) applies if— (a) a person gives the chief executive a written statement stating that a log book that has been lost, stolen or destroyed; and (b) the log book is later— (i) found by the person; or (ii) returned to the person. ‘ (2) The person must return the log book to the chief executive within 14 days after the log book is found or returned. Maximum penalty—4 penalty units. ‘ (3) If the person gives the chief executive a written statement stating that the log book has been left behind, the chief executive (by written notice) may require a person to return the log book— (a) to a specified place; and (b) within a specified time (of at least 14 days after giving the notice). ‘ (4) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty—4 penalty units.’.

s 12 9 s 16 State Transport Amendment (No. 1) No. 81, 1995 ˙ Amendment of s 91F (Completing log books generally) 12. After section 91F(4)— insert— ‘ (5) Subsection (3) does not apply to a person authorised, under an exemption given under section 91T, to enter information in a log book.’. ˙ Amendment of s 91G (Completing daily sheets) 13. Section 91G— insert— ‘ (3A) If the daily sheet is contained in a log book issued under a corresponding fatigue law, the driver must enter the information at the first change of activity to which the sheet relates.’. ˙ Omission of s 91J (Manifests to be kept) 14. Section 91J— omit. ˙ Omission of s 91K (Payment records to be kept) 15. Section 91K— omit. ˙ Amendment of s 91L (Additional powers of authorised officers) 16.(1) Section 91L(4)— omit. (2) Section 91L(6), ‘produced’— omit, insert— ‘given’. (3) Section 91L(5) and (6)— renumber as section 91L(4) and (5).

s 17 10 s 20 State Transport Amendment (No. 1) No. 81, 1995 ˙ Amendment of s 91N (Seizure of books) 17. Section 91N(1)(a)— insert— ‘(iii) the person is carrying more than 1 log book in which entries can be made; or’. ˙ Amendment of s 91R (When documents need not be kept) 18. Section 91R(1)(b)(i), ‘or’— omit, insert— ‘and’. ˙ Amendment of s 91T (Exemption from this Part) 19.(1) Section 91T(1), ‘this Part or’— omit. (2) Section 91T(2), from ‘the exemption’ to ‘the exemption’— omit, insert— ‘an exemption, by written notice, on conditions stated in the notice’. (3) Section 91T(3), ‘This Part’— omit, insert— ‘The provisions of the Part specified in the notice’. (4) Section 91T(4)— omit . ˙ Amendment of s 93 (False or misleading documents) 20. Section 93(1)(b), ‘not’— omit.

s 21 11 s 21 State Transport Amendment (No. 1) No. 81, 1995 ˙ Amendment of s 95 (Evidentiary provisions) 21.(1) Section 95(1)(d)— omit, insert— ‘(d) a certificate issued by an inspector under the Trade MeasurementAct 1990 , stating that a weighing device was tested on a specified day is admissible as evidence that the mass indicated by the weighing device is, within 1 year after that day, accurate to the extent specified in the certificate; and’. (2) Section 95(1)— insert— ‘(k) a certificate of registration is admissible as evidence of the matters stated in the certificate; and (l) a certificate (purporting to be signed by the chief executive) stating that a form was an approved form during a specified period is evidence of the matters stated in the certificate; and (m) a copy of an approved form is admissible as evidence of the contents of the form, including the information or documents required to be included in, attached to or given with the form.’. ENDNOTES 1. Made by the Governor in Council on 30 March 1995. 2. Notified in the Gazette on 31 March 1995. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. © State of Queensland 1995