State Transport Amendment Regulation (No. 3) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 471 State Transport Act 1960 STATE TRANSPORT AMENDMENT REGULATION (No. 3) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s.5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Replacement of s.6 (Forms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Omission of s.58 (Licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Replacement of Part 6 (Log books) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 6—FATIGUE MANAGEMENT FOR HEAVY VEHICLE DRIVERS Division 1—General 91 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 91A Driving limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 91B Prohibition from driving beyond driving limits . . . . . . . . . . . . . . . . . 6 91C Removal of vehicles in conjunction with prohibition . . . . . . . . . . . . 6 Division 2—Records to be kept 91D Documents to be carried while driving heavy vehicles . . . . . . . . . . 7 91E Applying for log book . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 91F Completing log books generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 91G Completing daily sheets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2 State Transport Amendment (No. 3) No. 471, 1993 91H Completing log book summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 91I Duplicate log book summary to be kept . . . . . . . . . . . . . . . . . . . . . . 9 91J Manifests to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 91K Payment records to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 91L Additional powers of authorised officers . . . . . . . . . . . . . . . . . . . . . . 11 91M Log book offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 91N Seizure of books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 91O Procedure after seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 91P Offers to benefit contravention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 91Q Transitional log books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 3—Alternative Arrangements 91R When documents need not be kept . . . . . . . . . . . . . . . . . . . . . . . . . . 14 91S Alternative ways of managing fatigue . . . . . . . . . . . . . . . . . . . . . . . . 15 91T Exemption from this Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 8 Insertion of new s.93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 93 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 9 Amendment of s.95 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . . . 16 10 Omission of Schedule 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 11 Amendment of Schedule 4 (Passenger service vehicles) . . . . . . . . . . . . . . 17 12 Replacement of Schedule 6 (Penalties) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 SCHEDULE 6 PENALTIES

3 State Transport Amendment (No. 3) No. 471, 1993 ˙ Short title 1. This regulation may be cited as the State Transport Amendment Regulation (No. 3) 1993 . ˙ Commencement 2. This regulation commences on 1 March 1994. ˙ Amended regulation 3. The State Transport Regulation 1987 is amended as set out in this regulation. ˙ Amendment of s.5 (Interpretation) 4. Section 5(1)— insert— ‘ “chief executive” means the chief executive of the department; ’. ˙ Replacement of s.6 (Forms) 5. Section 6— omit, insert— ˙ ‘Forms ‘6.(1) For the purposes of the Act and this regulation a prescribed form is a form approved by the chief executive. ‘(2) If the chief executive approves a form for a purpose, the form must be used for the purpose. ‘(3) If the form is a form that must be completed by a person, the person may request the chief executive to give the person the form. ‘(4) The chief executive must promptly comply with the request. ’.

4 State Transport Amendment (No. 3) ˙ Omission of s.58 (Licences) 6. Section 58— omit . No. 471, 1993 ˙ Replacement of Part 6 (Log books) 7. Part 6— omit, insert— ‘PART 6—FATIGUE MANAGEMENT FOR HEAVY VEHICLE DRIVERS ‘Division 1—General ˙ ‘Definitions ‘91. In this Part— “change of activity” means a change from— (a) driving to resting; or (b) resting to driving; “corresponding law” means a law of the Commonwealth, another State or a Territory about fatigue management for drivers of heavy vehicles; “driving” a heavy vehicle, when carried out by a person driving or about to drive the vehicle, includes the following activities— (a) completing any documents required to be completed under this Part; (b) loading or unloading the vehicle; (c) supervising the loading or unloading of the vehicle; (d) attending to goods or persons on the vehicle; (e) refuelling, servicing, repairing, cleaning or otherwise working on the vehicle; (f) resting for a period of less than 30 consecutive minutes;

5 State Transport Amendment (No. 3) No. 471, 1993 (g) being in the vehicle while another person drives the vehicle; “employer” of the driver of a heavy vehicle means— (a) a person who employs the driver, whether directly or as a subcontractor; or (b) if the driver is self-employed—the driver; “goods” includes animals; “heavy vehicle” means a motor vehicle with— (a) a tare of more than 4 t; and (b) a gross vehicle mass of more than 4.5 t; “log book” means a current log book issued by— (a) the chief executive; or (b) a person under a corresponding law; “rest” means an activity other than driving a heavy vehicle; “safe place” means a place where— (a) for a heavy vehicle—the vehicle is not likely to be a hazard to road users; and (b) for a person—the person is not likely to be injured by road users. ˙ ‘Driving limits ‘91A.(1) A person must not drive a heavy vehicle 1 — (a) for a period of more than 5 consecutive hours; or (b) for periods totalling more than 12 hours in a day; or (c) for periods totalling more than 72 hours in any 168 hours; or (d) if the person has not had, or (when intercepted by an authorised officer) cannot have, at least— (i) 30 consecutive minutes of rest after each 5 hours of driving; 1 Chapter 2 (Parties to offences) of the Criminal Code applies to offences under this Part.

6 State Transport Amendment (No. 3) No. 471, 1993 or (ii) 10 hours of rest (6 of which must be consecutive) in any 24 hours; or (iii) 24 consecutive hours of rest in any 168 hours. ‘(2) A driver must inform the driver’s employer if the driver will contravene subsection (1) by complying with the employer’s instructions. ‘(3) A person must not cause or permit another person to contravene subsection (1). Maximum penalty—4 penalty units. ˙ ‘Prohibition from driving beyond driving limits ‘91B.(1) An authorised officer, who suspects (on reasonable grounds) that the driver of a heavy vehicle has contravened section 91A(1), may prohibit the driver from driving a heavy vehicle. ‘(2) The officer must record the period for which the driver is prohibited from driving a heavy vehicle in the driver’s log book. ‘(3) The period must be no longer than is required to enable the driver to comply with section 91A(1). ‘(4) The driver must not drive a heavy vehicle during the period recorded by the officer. Maximum penalty for subsection (4)—4 penalty units. ˙ ‘Removal of vehicles in conjunction with prohibition ‘91C.(1) If an authorised officer has prohibited, or intends to prohibit, a driver from driving a heavy vehicle under section 91B, the officer, or a person helping the officer, may drive the driver’s vehicle to a safe place if the officer or person holds a current driver’s licence for the class of the vehicle. ‘(2) Section 91D does not apply to the officer or person. ‘(3) Neither the officer nor the person incurs any civil liability for an act or omission done in good faith and without negligence under subsection (1).

7 State Transport Amendment (No. 3) No. 471, 1993 ‘(4) Any liability that would, apart from subsection (3), attach to the officer or person attaches instead to the State. ‘Division 2—Records to be kept ˙ ‘Documents to be carried while driving heavy vehicles ‘91D.(1) A person must not drive a heavy vehicle unless— (a) the person carries the person’s log book in the vehicle; and (b) there are sufficient pages in the log book for the person to comply with sections 91F to 91H for the journey to be made by the person. Maximum penalty—4 penalty units. ‘(2) Subsection (1) is subject to section 91R (When documents need not be kept). ˙ ‘Applying for log book ‘91E.(1) A person who holds a licence to drive a heavy vehicle may apply to the chief executive for a log book. ‘(2) The chief executive must issue a log book to a person who produces to the chief executive— (a) the person’s current driver’s licence; and (b) if the person has not been issued with a log book before—a written statement to that effect; and (c) if the person has been issued with a log book before— (i) the log book (for cancellation); or (ii) if the log book has been lost, stolen or destroyed—a written statement to that effect; or (iii) if the log book has been seized under section 70(1) of the Act—the receipt received from the authorised officer who seized the log book.

8 State Transport Amendment (No. 3) No. 471, 1993 ˙ ‘Completing log books generally ‘91F.(1) The driver of a heavy vehicle must complete a log book in the way specified in the log book. ‘(2) A person must not enter false information in a log book. ‘(3) A person must not cause or permit someone else to enter information in a log book in contravention of subsection (1) or (2). Maximum penalty—4 penalty units. ˙ ‘Completing daily sheets ‘91G.(1) The driver of a heavy vehicle must complete a daily sheet (by entering information about the periods when the driver drove and rested) for each day that the driver drives the vehicle. ‘(2) It is immaterial that the information relates to a part of a day when the driver was outside Queensland. ‘(3) If the daily sheet is contained in a log book issued by the chief executive after the commencement of this section, the driver must enter the information— (a) in Part A of the sheet—at the first change of activity on the day to which the sheet relates; and (b) in Part B of the sheet—whenever the driver starts or stops driving on the day to which the sheet relates. ‘(4) The driver must— (a) complete each daily sheet in chronological order; and (b) sign each daily sheet at the first change of activity after the day to which the sheet relates. Maximum penalty—4 penalty units. ˙ ‘Completing log book summary ‘91H.(1) The driver must transfer the information required to be entered in the log book summary from the daily sheet to the summary. ‘(2) The driver must transfer the information at the first change of

9 State Transport Amendment (No. 3) No. 471, 1993 activity after the day to which the sheet relates. Maximum penalty—4 penalty units. ˙ ‘Duplicate log book summary to be kept ‘91I.(1) Within 7 days of completing the log book summary, the driver must give the duplicate copy of the summary to the driver’s employer. ‘(2) The employer must ensure that the driver complies with subsection (1). ‘(3) The employer must keep the duplicate copy— (a) at the employer’s principal place of business; and (b) in chronological order; and (c) for 1 year after being received from the driver. Maximum penalty—4 penalty units. ˙ ‘Manifests to be kept ‘91J.(1) This section does not apply if— (a) the chief executive has issued a passenger service licence or a permit under Part 5 of the Act for the heavy vehicle; and (b) the driver drives the vehicle within a 60 km radius of the place from which the driver usually works. ‘(2) The employer of the driver of a heavy vehicle carrying goods or passengers must make a manifest stating— (a) the driver’s name; and (b) if goods are being carried— (i) the name and address of the consignor; and (ii) the name and address of the consignee; and (iii) a general description of the goods; and (iv) the place where the carriage began; and (v) the date and time when the carriage began; and

10 State Transport Amendment (No. 3) No. 471, 1993 (vi) the destination of the goods; and (vii) the date and time when the goods are expected to arrive at the destination; and (c) if the vehicle is a service omnibus carrying passengers— (i) the name of each passenger; and (ii) the place where each passenger boarded the vehicle; and (iii) the destination of each passenger. ‘(3) The employer must give the manifest to the driver before the start of the journey to be made by the driver. ‘(4) The driver must sign the manifest on receiving it. ‘(5) If a passenger boards a service omnibus after the driver receives the manifest and the information required under subsection (2)(c) for the passenger is not contained on the manifest, the driver must write the information on the manifest. ‘(6) When goods are delivered to their destination, the consignee or, if the consignee is not at the destination, the driver must— (a) write the date, time and destination of the goods on the manifest; and (b) sign the manifest. ‘(7) The driver must carry the manifest in the vehicle until the end of the journey and then return it to the employer. ‘(8) The employer must keep a copy of every manifest for 1 year after it was made. Maximum penalty—4 penalty units. ˙ ‘Payment records to be kept ‘91K.(1) This section applies to an employer to whom Part 15 (Facilitation of Administration) Division 1 (Maintenance and inspection of employers’ records) of the Industrial Relations Act 1990 does not apply. ‘(2) The employer of the driver of a heavy vehicle must keep full and accurate records of any payments made to the driver, including the

11 State Transport Amendment (No. 3) No. 471, 1993 following payments— (a) wages; (b) overtime payments; (c) travelling allowances; (d) bonuses; (e) incentive payments. ‘(3) The employer must keep the records for 1 year after the records were made. Maximum penalty—4 penalty units. ˙ ‘Additional powers of authorised officers ‘91L.(1) An authorised officer may require the driver of a heavy vehicle to drive the vehicle to the nearest safe place specified by the officer to enable the officer to exercise a power under the Act. ‘(2) An authorised officer may require the driver of a heavy vehicle to hold the vehicle stationary. ‘(3) An authorised officer may require a person who the officer suspects, on reasonable grounds, is driving a heavy vehicle to— (a) produce the person’s drivers licence; or (b) get out of the vehicle; or (c) accompany the officer to the nearest safe place specified by the officer. ‘(4) An authorised officer may require a person to produce to the officer records required to be kept under— (a) section 91K(2); or (b) Part 15 (Facilitation of Administration) Division 1 (Maintenance and inspection of employers’ records) of the Industrial RelationsAct 1990 . ‘(5) A person must comply with a requirement of an authorised officer under this section, unless the person has a reasonable excuse for not complying with it.

12 State Transport Amendment (No. 3) No. 471, 1993 Maximum penalty—4 penalty units. ‘(6) An authorised officer may make an entry in a log book that has been produced to, or found or seized by, an authorised officer. ˙ ‘Log book offences ‘91M.(1) A person must not, without reasonable excuse— (a) change a page of a log book, other than by completing the page in the way specified in the log book; or (b) deface or destroy a page of a log book; or (c) remove a page marked with the word ‘original’ from a log book; or (d) sell a log book. ‘(2) A person must not, without reasonable excuse— (a) use a log book in which a page has been changed, defaced or destroyed in contravention of subsection (1)(a) or (b); or (b) use a log book from which a page marked with the word ‘original’ has been removed; or (c) permit someone else to use a log book that was not issued to the other person; or (d) use a log book that was not issued to the person; or (e) use a log book that is no longer current because it has been recorded by the chief executive as cancelled, lost, stolen or destroyed; or (f) make, sell or use anything that purports to be, but is not, a log book. Maximum penalty—4 penalty units. ˙ ‘Seizure of books ‘91N.(1) An authorised officer may seize a book from a person if the authorised officer believes, on reasonable grounds, that— (a) for a log book—

13 State Transport Amendment (No. 3) No. 471, 1993 (i) the log book was obtained on the basis of incorrect or misleading information; or (ii) the log book was not issued to the person; or (b) for any other book— (i) the book purports to be a log book; or (ii) the book is a log book that is no longer current because it has been recorded by the chief executive as cancelled, lost, stolen or destroyed. ‘(2) Rather than seize a log book, the authorised officer may require the person, by written notice, to return the log book to a specified place within a specified time (of at least 14 days from the giving of the notice). ‘(3) The person must comply with the notice unless the person has a reasonable excuse for not complying with it. Maximum penalty for subsection (3)—4 penalty units. ˙ ‘Procedure after seizure ‘91O.(1) As soon as practicable after a book is seized by an authorised officer under section 91N, the officer must give a receipt for it to the person from whom it was seized. ‘(2) The officer must allow a person who would be entitled to the book if it were not in the officer’s possession— (a) to inspect it; or (b) to make copies of it. ‘(3) The officer must return the book to the person at the end of— (a) 6 months; or (b) if a prosecution for an offence involving it is started within 6 months—the proceeding for the offence and any appeal from the proceeding. ‘(4) Despite subsection (3), the officer must promptly return the book to the person if the officer believes that—

14 State Transport Amendment (No. 3) No. 471, 1993 (a) its retention as evidence is no longer necessary; and (b) its return is not likely to result in its use in committing an offence. ˙ ‘Offers to benefit contravention ‘91P. A person must not offer anyone else any benefit to contravene this Part. Maximum penalty—4 penalty units. ˙ ‘Transitional log books ‘91Q.(1) A log book that is in Form 2 of the repealed Schedule 1 is a log book for the purposes of this Part. ‘(2) This section expires on 1 March 1995. ‘Division 3—Alternative Arrangements ˙ ‘When documents need not be kept ‘91R.(1) The driver of a heavy vehicle need not carry or complete a log book if— (a) the driver’s journey in the vehicle begins and ends at the place from which the driver usually works; and (b) the driver— (i) can complete the journey within 12 hours; or (ii) drives within a 200 km radius of the place from which the driver usually works; and (c) the driver’s employer keeps the records mentioned in subsection (2). ‘(2) Section 91I(2) and (3) does not apply to the driver’s employer if the employer keeps accurate records of— (a) the date on which the driver starts and ends each period of driving; and

15 State Transport Amendment (No. 3) No. 471, 1993 (b) the times and places at which the driver starts and ends each period of driving. ‘(3) The employer must keep the records for 1 year after the records were made. Maximum penalty—4 penalty units. ‘(4) If the employer does not comply with subsection (2)(a) and (b), the driver does not commit an offence by not carrying or completing a log book if the driver had a reasonable belief that the employer was complying with the subsection. ˙ ‘Alternative ways of managing fatigue ‘91S.(1) In this section— “fatigue management program” means a way (other than by complying with this Part) of ensuring that the driver of a heavy vehicle is in a fit state of health and wellbeing to safely drive the vehicle. ‘(2) The employer of the driver of a heavy vehicle may apply to the chief executive to approve a fatigue management program for the driver. ‘(3) The chief executive may approve the program by written notice to the employer on conditions stated in the notice. ‘(4) This Part does not apply to the employer or driver if the conditions stated in the notice (if any) are complied with. ˙ ‘Exemption from this Part ‘91T.(1) A person may apply to the chief executive to exempt the person or a class of persons from complying with this Part or specified provisions of this Part. ‘(2) The chief executive may give the exemption notice on conditions stated in the exemption. ‘(3) This Part does not apply to the person or class of persons if the conditions are complied with. ‘(4) An exemption under subsection (2) is subordinate legislation. ’.

16 State Transport Amendment (No. 3) No. 471, 1993 ˙ Insertion of new s.93 8. Before section 94, in Part 7— insert— ˙ ‘False or misleading documents ‘93.(1) A person must not give the chief executive or an authorised officer a document containing information that the person knows is— (a) false or misleading; or (b) incomplete in a material particular, unless the person has a reasonable excuse for not doing so. Maximum penalty—4 penalty units. ‘(2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the chief executive or authorised officer of the extent to which the document is false, misleading or incomplete; and (b) gives the correct information to the chief executive or authorised officer if the person has, or can reasonably obtain, the correct information. ’. ˙ Amendment of s.95 (Evidentiary provisions) 9. After section 95(1)(i)— insert— ‘ (j) if an authorised officer examines a driver’s log book but leaves the log book in the driver’s possession to allow the driver to continue driving, evidence by the officer of the contents of the log book is evidence to the same extent as the log book would be were it produced in evidence. ’. ˙ Omission of Schedule 1 10. Schedule 1— omit .

17 State Transport Amendment (No. 3) No. 471, 1993 ˙ Amendment of Schedule 4 (Passenger service vehicles) 11. Schedule 4, Part B, clause 2— omit . ˙ Replacement of Schedule 6 (Penalties) 12. Schedule 6— omit, insert— ‘SCHEDULE 6 ‘PENALTIES section 94A Column 1 Section 20 of the Act 21 of the Act 24C of the Act 48 of the Act 49 of the Act 49A(1) of the Act 64 of the Act 70(3) of the Act 71(2) and (3) of the Act 72(a) of the Act 72(b) to (h) of the Act 24 to 26 29 30 35(1) Column 2 First offence (penalty units) ) 2 ) ) ) 4 ) 5 ) ) 4 ) 5 ) ) 6 ) 5 ) 1 ) ) ) Column 3 Subsequent offence (penalty units) 3 6 7 6 7 7 7 2

18 State Transport Amendment (No. 3) 36(1) 37 to 42 43(1), (2) and (3) 44(1), (2) and (4) 45(1), (2), (2A) and (2B) 46 to 49 50(2) and (3) 51 52(a), (b), (c), (d)(i), (ii), (iii), (iv) and (vi) and (f) 53 54 55(2)(b), (c) and (d) and (3) 59 61 to 63 65 to 76 81(1) 82 to 86 88 to 90 91A 91B(4) 91D and 91F(1) 91F(2) 91F(3) 91G(1), (3) and (4) 91H 91I 91J(2), (3) and (4) to (8) 91K(2) and (3) 91L(1) to (5) 91M 91N(4) 91R(3) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2 3 2 3 2 3 1 2 No. 471, 1993 3 3 3 3 3 3 2 3 ’.

19 State Transport Amendment (No. 3) ENDNOTES 1. Made by the Governor in Council on 16 December 1993. 2. Notified in the Gazette on 17 December 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. No. 471, 1993 The State of Queensland 1993