Traffic Act 1909 Motor Traffic Amendment (Driving Hours) Regulation 1998 (1998-649) [GG No 168 of 30.11.1998, p 9253] (NSW)
New South Wales
Motor Traffic Amendment (Driving
Hours) Regulation 1998
under the
Traffic Act 1909
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Traffic Act 1909.
CARL SCULLY. M.P.
Minister for Roads
The object of this Regulation is to replace existing provisions of the Motor Traffic Regulations 1935 that regulate the maximum driving hours and minimum rest periods of drivers of heavy motor vehicles and coaches with comprehensive provisions for the management of the fatigue of drivers of heavy trucks and coaches (referred to in the new provisions as commercial buses).
The new provisions provide for the following:
(a)
the maximum driving and work times. and minimum rest times. for drivers of heavy trucks and commercial buses.
(b)
the recording (by means of logbooks and other means) of the driving, work and rest times of drivers of heavy trucks and commercial buses,
(c)
a Transitional Fatigue Management Scheme (TFMS), registration under which entitles a driver or employer to conduct heavy truck driving in a way more suitable to the driver or employer than complying with provisions that would otherwise be applicable to them.
Published in Gazette No 168 of 30 November 1998, page 9253 Page 1
Motor Traffic Amendment (Driving Hours) Regulation 1998
Explanatory note
special obligations on driver participants in a TFMS, such as recording changes of employment, medical examinations of drivers and fatigue management training,
the obligations of employer participants in a TFMS, including the management of drivers, the training of responsible employees and additional record keeping,
the keeping of driving records, including by means of logbooks,
automatic recording devices and supplementary records,
various extended offences to prevent persons (in particular employers
and consignors of goods or persons) from causing or permitting
contraventions of the maximum driving and work time restrictions and
minimum rest time requirements,
the issue of logbooks,
the administration of the Transitional Fatigue Management Scheme,
including review and audit of participation,
the granting of various classes of exemptions from various
requirements of the new provisions,enforcement powers,
The Regulation also makes consequential amendments to Schedule A (Fees) reconsideration and review of decisions of the RTA. and Schedule K (which lists those offences under the Regulations that can be dealt with by way of penalty notice and the penalties to be applicable to
them when so dealt with).This Regulation is made under the Traffic Act 1909, including section 3 ( 1 )
(t1).
Motor Traffic Amendment (Driving Hours) Regulation 1998 Clause 1 This Regulation is the Motor Traffic Amendment (Driving Hours)
Regulation 1998.
2 Commencement
This Regulation commences on 30 November 1998.
mendment of Motor Traffic R egulations 193 The Motor Traffic Regulations 1935 are amended as set out in
Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
(Clause 3)
Omit Regulation 56C (2) and (3). Insert instead:
(2)
The following provisions of Schedule O (Fatigue management—drivers of heavy trucks and commercial buses (coaches)) apply to and in respect of a light rail vehicle as if the vehicle were a heavy truck:
(a) Part 2 (Regulated hours), (b)
Part 1 (Preliminary), in so far as it defines expressions used in Part 2,
(c) clause 129 (Limited jeopardy).
Omit the Part. Insert instead:
125 Schedule O Schedule O has effect.
[3] Regulation 129 Penalties
Insert at the end of the Regulation:
(2) This Regulation does not apply in respect of a provision
of Schedule O.
[4] Schedule A Fees and other charges
Omit item 7. Insert instead:
7 Issue of logbook—clause 81 of Schedule O ....................... 14
8 Registration as participant in TFMS—clause 82 of
Schedule O ..................................................................... 50 9 Issue of replacement driver certification manual—clause 88 of
Schedule O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1 [5] Schedule K Prescribed offences and penalties for the purposes of section 18B of the Act
Omit from Table A of Part 2 the matter relating to Regulations
126A—126H.[6]
Schedule K. Insert at the end of Table A of Part 2:
Any offence under any of the following provisions of Schedule 0 :
Clause 19 (3 ) ............................................. 149
Clause 20 (3) ............................................. 149
Clause 21 (3) ............................................. 149
Clause 2 I (4) ............................................. 149
Clause 21 (5 ) ............................................. 149
Clause 28 ( 3 ) ............................................. 149
Clause 29 (2) ............................................. 149
Clause 30 (3) ............................................. 149
Clause 34 (1) ............................................. 149
Clause 35 (4) ............................................. 149 Clause 36 (4) ............................................. 149 Clause 37 ( 1) ............................................. 149 Clause 37 (2 ) ............................................. 149 Clause 40 (4 ) ............................................. 149
Clause 48 (1 ) ............................................. 149
Clause 48 (2) ............................................. 149 Clause 49 (2) ............................................. 149 Clause 49 (3) ............................................. 149 Clause 49 (4) ............................................. 149 Clause 50 (2) ............................................. 149 Clause 51 (2) ............................................. 149
Clause 52 ................................................... 149
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
Clause 54 (3) ............................................. 149
Clause S6 (1) ............................................. 149
Clause 57 (1) ............................................. 149 Clause 58 (I) ............................................. 149 Clause 58 (3) ............................................. 149
Clause 60 .................................................. 149
Clause 61 (1 ) ............................................. 149
Clause 61 (2) ............................................. 149 Clause 62 (1) ............................................. 149
Clause 62 (2) ............................................. 149 Clause 63 ( 3 ) ............................................. 149 Clause 64 ( 1 ) ............................................. 149 Clause 64 (2) ............................................. 149
Clause 65 .................................................. 149
Clause 66 (1) ............................................. 149
Clause 67 .................................................. 149
Clause 69 (a) ............................................. 149 Clause 69 (b) .............................................. 149
Clause 70 .................................................. 149
Clause 71 (1) ............................................. 149
Clause 72 .................................................. 149 Clause 73 .................................................. 149 Clause 75 .................................................. 149 Clause 76 .................................................. 149 Clause 77 .................................................. 149
Clause 78 (1) ............................................ 149 Clause 78 (2) ............................................. 149 Clause 93 (2) ............................................. 149 Clause 95 (1) ............................................. 149
Clause 96 (1) ............................................. 149
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1
Clause 96 (4) ............................................. 149 Clause 97 (4) ............................................. 149 Clause 119 (2) ............................................ 149
Clause 125 ................................................. 149
Clause 134 (2) ............................................ 149
Clause 135 ................................................. 149
Clause 136 (3) ............................................ 149 Clause 137 (2) ............................................ 149 Clause 142 (3) ............................................ 149
Insert after Schedule N:
Fatigue management trucks and commerc
(coaches)
(Regulation 125)
Division 1 Introductory 1 Name of Schedule
This Schedule is Schedule O to the Motor Traffic
Regulations 1935.
2 Commencement
This Schedule commences on the commencement of the
Motor Traffic Amendment (Driving Hours) Regulation
1998.
3 Main object of Schedule
The main object of this Schedule is to provide for the suitable management of the fatigue of drivers of heavy trucks and commercial buses by regulating the periods that they spend driving. working and resting.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments 4 Outline of main features of Schedule
This Schedule applies mainly to:
(a)
employed drivers of heavy trucks and commercial buses and their employers, and
(b)
self-employed drivers of heavy trucks and commercial buses.
Note. Some provisions may apply to other persons eg Part 5
(Extended offences).This Schedule provides, in Part 2 (Regulated hours), for maximum driving and work times, and minimum rest times, for drivers of heavy trucks and commercial buses.
This Schedule also provides, in Part 4 (Driving records), for recording the driving, work and rest times of drivers of heavy trucks and commercial buses. A driver or employer may also seek exemption, including an FMS exemption, from various requirements of this Schedule.
Note. FMS exemption is defined in clause 102. driving in a way more suitable to the driver or employer If a driver or employer wishes to conduct heavy truck than complying with Part 2, the driver or employer may apply for registration in the Transitional Fatigue
Management Scheme established by Part 3.
5 Application of Schedule
( 1 )
This Schedule applies to heavy trucks and commercial buses, and their drivers, on roads and road-related areas.
( 2 )
A road is an area that is open to or used by the public and is developed for, or has as one of its main uses. the driving or riding of motor vehicles.
( 3 ) A road-related area is any of the following:
(a) an area that divides a road. (b) a footpath or nature strip adjacent to a road.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1
(c) an area that is not a road and that is open to the public and is designated for use by cyclists or animals, (d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles. (e) any other area that is open to or used by the public and that has been declared, under section 2A of the Act, to be an area to which this Schedule applies, but does not include an area that has been declared. in accordance with another law of this jurisdiction, not to be a road-related area for the purposes of this Schedule.
ivision 2 Interpretation 6 Definitions Expressions used in this Schedule (or in any particular provision of this Schedule) that are defined in the Dictionary at the end of this Schedule have the meanings set out in the Dictionary.
Note. Some expressions used in this Schedule are also defined in section 2 of the Act.
eferences to exemptions etc In this Schedule. a reference to:
(a)
an exemption includes areference to the exemption as varied, and
(b)
a variation of an exemption includes a reference to a variation of a condition of the exemption by addition, omission or substitution.
Subdivision A Persons with special duties 8 What is a heavy truck, bus and commercial bus
( 1 ) A heavy truck is:
(a)
a motor vehicle (except a bus or tram) with a GVM over 12 tonnes, or
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
(b)
a motor vehicle (except a bus or tram) forming part of a combination if the total of the GVMs of the vehicles in the combination is over 12 tonnes.
(2) A bus is a motor vehicle buiIt mainly to carry people that
seats over 8 adults (including the driver).(3) A commercial bus is a coach as defined in the Act.
9 Driver definitions
(1) A driver is a driver of a heavy truck or commercial bus. (2)
An employed driver is a driver who is employed by someone else to drive a heavy truck or commercial bus.
(3) A driver who is not an employed driver is a
self-employed driver.
10 Who is an employer and responsible employee
( 1 ) An employer is a person who employs someone else to
drive a heavy truck or commercial bus.(2) A responsible employee of an employer is an employee
or agent of the employer who is responsible for:
(a)
rostering driving, work or rest time of employed drivers, or
(b)
scheduling the transport of people or goods by road.
and, if the employer is an individual, includes the
employer.11 Who is a consignor
A consignor is a person who:
( a )
engages someone, directly (whether as principal or as an agent or other intermediary) or through an agent or other intermediary, to transport goods or persons by road, and
(b) in the case of the transportation of goods. has possession of, or control over, the goods before
they are transported, and
Motor Traffic Amendment (Driving Hours) Regulation 1998 Amendments Schedule 1
(c)
is not the employer of the driver of a heavy truck or commercial bus that transports the goods or persons.
Subdivision
riving,work and res
is driving and drivin Driving is driving a heavy truck or commercial bus, and
includes:
(a) being in the driving seat of a stationary heavy truck or commercial bus while the engine is running. and (b) being in a heavy truck or commercial bus and instructing or supervising someone else to drive the heavy truck or commercial bus. Driving time of a driver is time spent by the driver driving, whether or not the time is spent on a road or road-related area.
For the purposes of this Schedule, a person is driving a commercial bus under a two-up driving arrangement if:
(a)
the person is driving the commercial bus under such an arrangement. or
(b)
although not driving the commercial bus under such an arrangement, the person has. within the previous 168 hours, spent an aggregate of 10 hours or more in one or more two-up driving arrangements on any commercial buses.
For the purposes of subclause (3), i t does not matter that the person may also have driven motor vehicles to which this Schedule applies under other arrangements during that 168 hour period. is work time Work time of a driver is the driver's driving time. and other time spent by the driver (whether or not the time is spent on a road or road-related area):
Page 11
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
(a) loading or unloading a heavy truck or commercial bus, or (b) inspecting, servicing or repairing a heavy truck or commercial bus. inspecting or attending to the load on a heavy truck or commercial bus, or attending to the passengers of a commercial bus, or (c) cleaning or refuelling a heavy truck or commercial bus, or (d) performing marketing tasks in relation to the operation of a heavy truck or commercial bus, or (e) helping with, or supervising, an activity mentioned in paragraphs (a) to (d), or
(f) recording information, or completing a document, in accordance with this Schedule or otherwise in
relation to the operation of a heavy truck or
commercial bus, or(g) performing any work connected with a journey by a heavy truck or commercial bus (such as driving another type of motor vehicle in connection with a journey by a heavy truck or commercial bus).
(2) In this Schedule: marketing tasks includes arranging for, or canvassing for
orders for, the transport of people or goods.
14 What is rest time
Rest time of a driver is a continuous period of at least 15 minutes that is not work time of the driver.
Subdivision C Jurisdictions and zones 15 Definitions-jurisdictions and zones
(1) This jurisdiction is New South Wales. ( 2 ) Another jurisdiction is another State or a Territory.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1
(3) A relevant jurisdiction is:
(a) this jurisdiction. or (b)
another jurisdiction, if the law of the other jurisdiction includes provisions having the same, or substantially the same, effect as this Schedule.
(4) The regulated zone is all relevant jurisdictions. (5) The non-regulated zone is all jurisdictions that are not
relevant jurisdictions.
ivision 1 Introductory
pplication of Part 2 This Part applies to a driver unless:
(a) the driver is a heavy truck driver. and (b) the driver is registered as a driver participant in TFMS or a corresponding TFMS, and (c) the driver is carrying his or her current driver certification manual or corresponding driver certification manual. and (d) if the driver is an employed driver-the driver's employer is registered as an employer participant in TFMS or a corresponding TFMS.
Note. See Division 1 of Part 7 for registration in TFMS.
17 Brief outline of Part 2
(1)
This Part sets the maximum driving and work times. and minimum rest times. for drivers to whom the Part applies.
( 2 ) These times are set by reference to 5 periods, which are
called:
relevant period 1 relevant period 2 relevant period 2A relevant period 3 relevant period 4.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments A driver must ensure that, for each relevant period 1, 2
or 3:
(a)
the driver's total driving time does not exceed the driver's maximum driving time, and
(b)
the driver's total work time does not exceed the driver's maximum work time.
with the driver's required minimum rest time for: A driver must ensure that the driver's rest time complies
any relevant period 1, 2 or 3 in which the driver drives a heavy truck, and any relevant period 1, 2 or 4 in which the driver drives a commercial bus. and
any relevant period 2A in which the driver drives
a commercial bus under a two-up driving arrangement.
18 Regulated hours-relevant periods For this Part:
relevant period 1 is any period of 5.5 hours relevant period 2 is any period of 24 hours
relevant period 2A is any period of 53 hours relevant period 3 is any period of 168 hours relevant period 4 is any period of 672 hours. Examples of the beginning and end of the relevant periods for this Part
1 The relevant periods beginning at 9.00 am on 5 May are the
periods ending as follows:
c relevant period 1 ends at 2.30 pm on 5 May (that is, 5.5
hours later)relevant period 2 ends at 9.00 am on 6 May (that is, 24
hours later)relevant period 2A ends at 2.00 pm on 7 May (that is, 53
hours later)relevant period 3 ends at 9.00 am on 12 May (that is, 168
hours later)relevant period 4 ends at 9.00 am on 2 June (that is, 672
hours later)
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1 2 The relevant periods ending at 9.00 am on 12 May are the
periods beginning as follows:
e relevant period 1 begins at 3.30 am on 12 May (that is, 5.5
hours earlier)e relevant period 2 begins at 9.00 am on 11 May (that is, 24
hours earlier)relevant period 2A begins at 4.00 am on 10 May (that is, 53
hours earlier)
relevant period 3 begins at 9.00 am on 5 May (that is, 168
hours earlier)
relevant period 4 begins at 9.00 am on 14 April (that is, 672
hours earlier).
19 Regulated hours—maximum driving times
( 1 )
For this Part, the maximum driving times of a driver for any period in which the driver drives a heavy truck, except a period in which the driver drives a commercial bus at any time, are:
(a) for any relevant period 1—5 hours. and (b) for any relevant period 2—12 hours, and (c) for any relevant period 3—72 hours. ( 2 )
For this Part. the maximum driving times of a driver for any period in which the driver drives a commercial bus at any time are:
( a ) for any relevant period 1—5 hours, and ( b )
for any relevant period 2, except a period in which the driver drives a commercial bus at any time under a two-up driving arrangement—l2 hours, and
(c)
for any relevant period 2 in which the driver drives a commercial bus at any time under a two-up driving arrangement—11 hours, and
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
(d)
for any relevant period 3, except a period in which the driver drives a commercial bus at any time under a two-up driving arrangement—72 hours, and
(e)
for any relevant period 3 in which the driver drives a commercial bus at any time under a two-up driving arrangement-66hours.
(3)
A driver commits an offence if, for any relevant period 1 , 2 or 3 in which the driver drives a heavy truck or commercial bus on a road or road-related area, the driver's total driving time exceeds the driver's maximum driving time.
Maximum penalty: 20 penalty units. Note. Clause 129 limits the number of times, in each relevant period, that a driver is liable for an offence.
20 Regulated hours-maximum work times
(1)
For this Part, the maximum work times of a driver for any period in which the driver drives a heavy truck. except a period in which the driver drives a commercial
bus at any time, are:
(a) for any relevant period 1—5 hours, and (b) for any relevant period 2—14 hours, and (c) for any relevant period 3—72 hours. (2)
For this Part, the maximum work times of a driver for any period in which the driver drives a commercial bus at any time are:
( a ) for any relevant period 1—5 hours, and ( b )
for any relevant period 2, except a period in which the driver drives a commercial bus at any time under a two-up driving arrangement—12 hours, and
(c) for any relevant period 2 in which the driver drives a commercial bus at any time under a
two-up driving arrangement—11 hours, and
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1
(d)
for any relevant period 3, except a period in which the driver drives a commercial bus at any time under a two-up driving arrangement-72 hours, and
(e)
for any relevant period 3 in which the driver drives a commercial bus at any time under a two-up driving arrangement—66 hours.
(3)
A driver commits an offence if. for any relevant period 1, 2 or 3 in which the driver drives a heavy truck or commercial bus on a road or road-related area, the driver's total work time exceeds the driver's maximum work time.
Maximum penalty: 20 penalty units. Note. Clause 129 limits the number of times, in each relevant period, that a driver is liable for an offence.
21 Regulated hours-required minimum rest times
(1) For this Part, the required minimum rest times of a driver for any period in which the driver drives a heavy truck. except a period in which the driver drives a commercial bus at any time. are rest times of: for any relevant period 1—30 minutes. which must be in a single period or 2 separate periods of
15 minutes. and
for any relevant period 2—10 hours. which must include a single period of at least 6 hours not spent by the driver in or on:
( i ) a heavy truck, except a heavy truck with a sleeper berth complying with ADR 42, or (ii) a commercial bus, except a commercial bus with an approved sleeper berth, and
include a single period of at least 24 hours not for any relevant period 3—96 hours, which must spent by the driver in or on a heavy truck or
commercial bus.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
(2) For this Part, the required minimum rest times of a driver for any period in which the driver drives a commercial bus at any time are rest times of: for any relevant period 1—30 minutes, which must be in a single period or 2 separate periods of 15 minutes, and
for any relevant period 2 in which the driver drives a commercial bus, except a period in which the driver drives a commercial bus at any time under a two-up driving arrangement—l2 hours, including a single period of at least 8 hours not spent by the driver in or on:
(i) a heavy truck, except a heavy truck with a sleeper berth complying with ADR 42, or
(ii) a commercial bus, except a commercial bus with an approved sleeper berth, and
for any relevant period 2 in which the driver drives a commercial bus at any time under a two-up driving arrangement— 13 hours, including a single period of at least 5 hours 30 minutes not spent by the driver in or on:
( i ) a heavy truck. except a heavy truck with a sleeper berth complying with ADR 42, or
( i i ) a commercial bus, except a commercial bus
with an approved sleeper berth. and
for any relevant period 2A in which the driver drives a commercial bus at any time under a
two-up driving arrangement-l by the driver in or on a heavy truck or commercial 3 hours not spent bus, and for any relevant period 3 in which the driver drives a commercial bus at any time under a two-up driving arrangement—l02 hours not spent by the driver in or on:
(i) a heavy truck, except a heavy truck with a sleeper berth complying with ADR 42, or (ii) a commercial bus, except a commercial bus with an approved sleeper berth, and
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1
(f) for any relevant period 4—384 hours. which must include:
(i) 4 separate periods of at least 24 hours each, or (ii) a single period of at least 72 hours and a separate period of at least 24 hours, or (iii) 2 separate periods of at least 48 hours each, or (iv) a single period of at least 96 hours.
not spent by the driver in or on a heavy truck or
commercial bus.A driver commits an offence if, for any relevant period 1, 2 or 3 in which the driver drives a heavy truck on a road or road-related area, the driver's rest time does not comply with the driver's required minimum rest time. Maximum penalty: 20 penalty units.
Note. Clause 129 limits the number of times, in each relevant period, that a driver is liable for an offence.
A driver commits an offence if. for any relevant period 1, 2 or 4 in which the driver drives a commercial bus on a road or road-related area. except a period in which the driver drives a commercial bus at any time under a
two-up driving arrangement, the driver's rest time does not comply with the driver's required minimum rest time.
Maximum penalty: 20 penalty units.Note. Clause 129 limits the number of times, in each relevant period, that a driver is liable for an offence.
A driver commits an offence if . for any relevant period 1, 2, 2A, 3 or 4 in which the driver drives a commercial bus on a road or road-related area at any time under a two-up driving arrangement. the driver's rest time is less
than the driver's required minimum rest time.
Maximum penalty: 20 penalty units.Note. Clause 129 limits the number of times, in each relevant period, that a driver is liable for an offence. Motor Traffic Amendment(Driving Hours) Regulation 1998
Schedule 1 Amendments 22 Application of Division to drivers from elsewhere in the regulated zone
In applying this Division to a driver, any time spent by
the driver in another jurisdiction in the regulated zone is treated in the same way as it would have been treated if the time had been spent in this jurisdiction.
Note. Regulated zone is defined in clause 15.
23 Application of Division to drivers from non-regulated
zone
( 1 )
This clause applies to a driver if the driver drives a heavy truck or commercial bus into this jurisdiction from the non-regulated zone.
Note. Non-regulated zone is defined in clause 15. (2) In applying this Division to the driver:
(a)
any driving, work or rest time of the driver before the start of his or her last 6 hour rest break before entering this jurisdiction is disregarded, and
(b)
any driving, work or rest time of the driver after the start of that rest break is taken into account. and
(c)
any time spent by the driver in the non-regulated zone (or another jurisdiction in the regulated zone) after the start of that rest break is treated in the same way as it would have been treated if the time had been spent in this jurisdiction.
Part 3 Transitional Fatigue ManagementScheme Division 1 lntroductory 24 Brief outline of Part 3
(1) This Part:
(a)
establishes the Transitional Fatigue Management Scheme (TFMS) for heavy truck drivers and the employers of heavy truck drivers, and
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1
(b) provides for other matters about TFMS. Note. This Part applies only to the driving of heavy trucks. However, driving, work and rest time spent in relation to commercial buses is taken into account in working out the driving, work and rest times of heavy truck drivers.
(2)
This Part also sets maximum driving and work times, and minimum rest times, for heavy truck drivers to whom TFMS applies by reference to 3 periods. which are called:
relevant period 1 relevant period 2 relevant period 3. (3)
A heavy truck driver to whom TFMS applies must ensure that, for each relevant period applying to the driver:
(a)
the driver's total driving time does not exceed the driver's maximum driving time, and
(b)
the driver's total work time does not exceed the driver's maximum work time, and
(c)
the driver's rest time complies with the driver's required minimum rest time.
25 Registration of participants in TFMS
A person may be registered as a driver or employer participant in TFMS under Division 1 of Part 7.
Note. Part 7 deals with TFMS administration. 26 TFMS—relevant periods
For this Part:
relevant period 1 is any period of 5.5 hours relevant period 2 is any period of 24 hours relevant period 3 is any period of 336 hours.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments Examples of the beginning and end sf the relevant periods for this Part
1 The relevant periods beginning at 9.00 am on 5 May are the
periods ending as follows:
e relevant period 1 ends at 2.30 pm on 5 May (that is, 5.5
hours later)relevant period 2 ends at 9.00 am on 6 May (that is, 24
hours later)relevant period 3 ends at 9.00 am on 19 May (that is, 336
hours later).2 The relevant periods ending at 9.00 am on 19 May are the
periods beginning as follows:
relevant period 1 begins at 3.30 am on 19 May (that is, 5.5
hours earlier)relevant period 2 begins at 9.00 am on 18 May (that is, 24
hours earlier)e relevant period 3 begins at 9.00 am on 5 May (that is, 336
hours earlier).
ivision 2 Driving, work and rest times of TFMS
drivers27 Application of Division 2
This Division applies to a driver only if :
( a ) the driver is a heavy truck driver. and (b) the driver is registered as a driver participant in TFMS or a corresponding TFMS. and (c) the driver is carrying his or her current driver certification manual or corresponding driver
certification manual, and(d) if the driver is an employed driver—the driver's employer is also registered as an employer participant in TFMS or a corresponding TFMS.
Note 1. If this Division does not apply to the driver of a heavy truck, Part 2 applies to the driver-see clause 16. Note 2. See Division 1 of Part 7 for registration in TFMS.
28 TFMS—maximum driving times
(1) For this Division. the maximum driving times of a driver
are :
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1
(a) for any relevant period 1—5 hours, and (b) for any relevant period 2—14 hours, and (c) for any relevant period 3—144 hours. However. if at any time in any relevant period 2 the driver is a two-up driver, the driver's maximum driving time for the period is 12 hours.
road-related area. the driver's total driving time exceeds in which the driver drives a heavy truck on a road or A driver commits an offence if, for any relevant period the driver's maximum driving time.
Maximum penalty: 20 penalty units.Note. Clause 129 limits the number of times, in each relevant period, that a driver is liable for an offence. 29 TFMS—maximum work times
For this Division. the maximum work times of a driver are :
(a) for any relevant period 1—5 hours. and (b) for any relevant period 2—14 hours, and (c) for any relevant period 3—144 hours.
road-related area. the driver's total work time exceeds in which the driver drives a heavy truck on a road or A driver commits an offence if. for any relevant period the driver's maximum work time.
Maximum penalty: 20 penalty units.Note. Clause 129 limits the number of times, in each relevant period, that a driver is liable for an offence.
30 TFMS—required minimum rest times
(1) For this Division, the required minimum rest times of a
driver are rest times of:Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments for any relevant period 1—30 minutes, which must be in a single period or 2 separate periods of 15 minutes, and
for any relevant period 2—10 hours, which must include a single period of at least 6 hours not spent by the driver in or on:
( i ) a heavy truck, except a heavy truck with a sleeper berth complying with ADR 42, or
(ii) a commercial bus, except a commercial bus
with an approved sleeper berth, and
include 2 single periods of at least 24 hours each for any relevant period 3—192 hours, which must not spent by the driver in or on a heavy truck or commercial bus. For a single period of at least 24 hours mentioned in subclause ( 1 ) (c), 1 continuous period of up to 1 hour spent in the period cleaning or refuelling a heavy truck or commercial bus (other than at the direction of his or her employer) is taken to be rest time of the driver if the beginning and end of the cleaning or refuelling are separated by at least 3 hours from the beginning and end of driving or work time.
road-related area. the driver's rest time does not comply in which the driver drives a heavy truck on a road or A driver commits an offence if. for any relevant period with the driver's required minimum rest time.
Maximum penalty: 20 penalty units.Note. Clause 129 limits the number of times, in each relevant period, that a driver is liable for an offence.
31 Application of Division to heavy truck drivers from
elsewhere in the regulated zone
In applying this Division to a heavy truck driver. any
time spent by the driver in another jurisdiction in the regulated zone is treated in the same way a s it would have been treated if the time had been spent in this jurisdiction.
Note. Regulated zone is defined in clause 15.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1
32 Application of Division to heavy truck drivers fro m the non-regulated zone
( 1 )
This clause applies to a driver if the driver drives a heavy truck into this jurisdiction from the non-regulated zone.
Note. Non-regulated zone is defined in clause 15. (2) In applying this Division to the driver:
(a)
any driving, work or rest time of the driver before the start of his or her last 6 hour rest break before entering this jurisdiction is disregarded, and
(b)
any driving, work or rest time of the driver after the start of that rest break is taken into account, and
(c)
any time spent by the driver in the non-regulated zone (or another jurisdiction in the regulated zone) after the start of that rest break is treated in the same way as it would have been treated if the time had been spent in this jurisdiction.
Division 3 Other obligations of driver participants 33 Application of Division 3
(1) This Division applies to a driver who is registered as a
driver participant in TFMS.(2) Clause 34 ( 1) also applies to a driver who is registered as
a driver participant in a corresponding TFMS.34 General obligations
(1) I f a driver becomes, or ceases to be, employed to drive a heavy truck, the driver must immediately record in his or her driver certification manual, as required by the instructions in the manual, the date and time when the driver became, or ceased to be, employed and, if the driver became employed:
(a)
the employer's name and the address of the place where the employer manages the employment of drivers, and
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
(b)
whether the employer is registered as an employer participant in TFMS, and
(c) if so, the employer's TFMS registration number. Maximum penalty: 20 penalty units.
A self-employed driver must:
(a)
manage the driver's driving, work and rest times so the driver can comply with this Part. and
(b)
keep complete and accurate records showing that the driver has complied with paragraph (a).
driver certification manual includes a corresponding In this clause: driver certification manual. TFMS includes a corresponding TFMS.
35 Medical examinationrequirements
(1) The Authority may. by written notice given to a driver,
ask the driver to:
(a)
undergo a medical examination in accordance with the required medical standards, and
(b)
give his or her driver certification manual to the examining doctor for inclusion of the certificate mentioned in subclause (2), and
(c)
produce the manual containing the certificate to the Authority for inspection within the time stated in the notice.
(2) The certificate must state:
( a ) the name and address of the doctor, and (b) that the doctor examined the driver in accordance with the required medical standards, and
(c) the date of the medical examination, and (d)
that the person met, or did not meet, the required medical standards.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1
(3) The time stated in the notice must be at least 7 days after
the notice is given to the driver.(4) The driver must comply with the notice.
Maximum penalty (subclause (4)): 10 penalty units.
pproved fatigue management training re quirements
( 1 ) The Authority may, by written notice given to a driver,
ask the driver to:
(a)
attend an approved fatigue management training course, rind
(b)
give his or her driver certification manual to the trainer conducting the course for inclusion of the certificate mentioned in subclause (2), and
(c)
produce the manual containing the certificate to the Authority for inspection within the time stated
in the notice.
(2) The certificate must state:
(a) the name and address of the trainer. and (b)
that the driver finished an approved fatigue management training course conducted by the trainer, and
(c) the date of the course. (3) The time stated in the notice must be at least 28 days
after the notice is given to the driver.(4) The driver must comply with the notice.
Maximum penalty (subclause (4)): 10 penalty units.37 Authority to be bold if driver certification manual lost etc
(1)
If a driver's driver certification manual is destroyed. lost or stolen, the driver must tell the Authority, in writing, as soon as practicable (but within 2 business days) after becoming aware that the manual has been destroyed, lost or stolen.
Maximum penalty: 10 penalty units.
Motor Traffic Amendment (Driving Hours) Regulation 1998 Schedule 1 Amendments
(2)
If a lost or stolen driver certification manual (the earlier manual) is found or returned to the driver after a replacement driver certification manual has been issued to the driver, the driver must give the earlier manual to the Authority as soon as practicable (but within 3 business days) after the manual is found or returned.
Maximum penalty: 10 penalty units.
n 4 Obligations of employer participants 38 Application of Division 4
This Division applies to an employer who is registered as an employer participant in TFMS.
39 General obligations
The employer must:
manage employed heavy truck drivers, including their driving, work and rest times, so that they are able to comply with this Part, and
ensure that each responsible employee of the employer attends any approved fatigue management training course required under this Division. and
keep complete and accurate records showing:
( i ) that the employer has complied with paragaphs (a) and (b),and ( i i ) the medical examinations undergone by the employer's employed truck drivers for this Schedule, and ( i i i ) the approved fatigue management training courses attended by the employer's employed truck drivers and responsible employees. Note. Contravention of this Schedule is a ground for cancellation of any employer's registration as an employer participant in TFMS. See clause 90 (b).
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1 40 Authority may ask employers to ensure attendance of
responsible employees at training courses
The Authority may, by written notice given to the employer, ask the employer to:
(a)
ensure that all or stated responsible employees of the employer attend an approved fatigue management training course (a training course), and
(b)
obtain the certificate mentioned in subclause (2) for each person who finishes a training course from the trainer who conducted the course, and
(c)
produce each certificate to the Authority for inspection within the time stated in the notice.
The certificate must state:
(a) the name and address of the trainer, and (b) that the person named in the certificate finished a training course conducted by the trainer, and (c) the date of the course. The time stated in the notice must be at least 28 days after the notice is given to the employer.
The employer must comply with the notice.
Maximum penalty (subclause (4)): 10 penalty units.
riving records
Division 1 Key concepts for Part 4
44 What is a driver's 100 kilometre limit
For the driver of a heavy truck or commercial bus. the
100 kilometre limit is the circumference of a notionalcircle of which:
(a) the centre is the driver's base. and (b) the radius is 100 kilometres. Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments 42 What is a driver’s base and the garage address of a
vehicle
The base of the driver of a heavy truck or commercial bus is the vehicle's garage address.
The vehicle's garage address is the principal depot or base of operations of the vehicle.
However, if the driver operates and receives instructions from another place that is recorded in the driver's logbook as the driver's base, the other place is the driver’s base.
For this clause, if a driver is a self-employed driver and an employed driver at different times, the driver may have one base as a self-employed driver and another base as an employed driver.
driver may have a different base in relation to each For this clause, if a driver has 2 or more employers. the employer.
43 What is local area work
The driver of a heavy truck or commercial bus is engaged in local area work if the driver is driving the vehicle within the driver's 100 kilometre limit.
44 What is non-local area work The driver of a heavy truck or commercial bus is engaged in non-local area work i f the driver is driving the vehicle beyond the driver's 100 kilometre limit.
45 What is a driver's logbook
A driver's logbook is a logbook issued to the driver under clause 81, and, in this Part, includes a corresponding logbook.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1 46 What is an approved DSMD
An approved DSMD is an automatic recording device of a specification that is approved for a driver-specific monitoring device by the Ministerial Council.
Note. information about approved DSMDs can be obtained from the National Road Transport Commission, PO Box 13105, Law
Courts, Melbourne Vic 3001 or through the National Road
Transport Commission web site (URL:
47 Driving record definitions
(1) A driving record is:
(a) a logbook, or (b) a record made by an approved DSMD under
clause 53 (b), or
(c) a supplementary record, or (d) a local area management record.
(2)
A supplementary record is a record made under clause 54 (When and how supplementary records may be made
by drivers). ( 3 ) A local area management record is a record made under
Division 3 (Driving records for local area work).48 Drivers to have logbooks etc
(1)
A driver must not engage in non-local area work unless the driver has a logbook in which the driver can record information under this Division in accordance with clause 52 (How information is to be recorded in logbooks).
Maximum penalty: 20 penalty units. (2) The driver must carry the logbook while engaging in
non-local area work.Maximum penalty: 20 penalty units. Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
(3) It is a defence to an offence against this clause if the
driver proves that, at the time of the offence:
(a)
the driver's logbook had been completed, destroyed, lost or stolen. and
(b)
the driver had not been issued with a replacement logbook, and
(c) not more than 2 days had elapsed since the logbook was completed, destroyed. lost or stolen,
and
(d)
the driver was making a supplementary record in the period.
49 Logbook records to be made by drivers engaged in
non-local area work
( 1 ) This clause applies to a driver for a day on which the
driver engages in non-local area work.(2)
Before the driver's first period of driving or work time anywhere on the day, the driver must record the following information in the driver's logbook:
(a) the day of the week and date, (b)
the driver's name and current driver licence number,
(c)
the State or Territory where the licence was issued,
Maximum penalty: 20 penalty units. (3)
The driver must record the registration number of each heavy truck or commercial bus driven anywhere by the driver on the day in his or her logbook before the driver begins to drive the vehicle for the first time on the day.
Maximum penalty: 20 penalty units. ( 4 )
Immediately before or after each change of activity on the day, the driver must record the following information
in the driver's logbook:
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Amendments Schedule 1
(a) the change of activity, (b)
the driving time. other work time or rest time spent anywhere by the driver since the last change of activity.
(c) the time and place of the change of activity, (d)
if the driver is o r becomes a two-up driver-the name and current driver licence number of the other driver in the two-up driving arrangement.
Maximum penalty: 20 penalty units.
(5) A change of activity for the driver is a change from:
(a) driving time to other work time, or (b) work time (except driving time) to driving time, or (c) driving time to rest time, or (d) rest time to driving time, or (e) work time (except driving time) to rest time, or (f) rest time to work time (except driving time), or (g) being a solo driver to being a two-up driver, or (h) being a two-up driver to being a solo driver. (6)
However. if subclause (2), ( 3 ) or (4) requires the driver to record information in his or her logbook before beginning to engage in non-local area work on a day. it is a defence to an offence against the subclause if the driver proves that, at the time of the offence:
(a)
the driver was unaware that the driver would be engaging in non-local area work on the day, and
(b)
the driver recorded the information in his or her logbook as soon as practicable after becoming aware that the driver would be engaging in non-local area work on the day.
(7)
If this clause (or clause SO or 51) applies to 2 drivers who are in a two-up driving arrangement, each driver must separately record information in his or her logbook.
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Schedule 1 Amendments
Additional logbook records to be made before engaging
in non-local area work
( 1 ) In this clause: required information means the information mentioned in clause 49 (2). (3) and (4) for the period since the start of the driver's last 6 hour rest break (whether or not the rest break was spent in this jurisdiction), but does not include information for a day on which the driver engages in non-local area work.
Note. Clause 49 deals with information for a day on which the driver engages in non-local area work.
(2)
Before a driver begins to engage in non-local area work on a day, the driver must record the required information
in his or her logbook. Maximum penalty: 20 penalty units.
51 Additional logbook records to be made after engaging
in non-local area work
( 1 ) In this clause: cut-off time means the start of the driver's next 6 hour rest break, whether or not the rest break is spent in this jurisdiction.
required information means the information mentioned in clause 49 (2), (3) and (4), but does not include information for a day on which the driver engages in non-local area work.
Note. Clause 49 deals with information for a day on which the driver engages in non-local area work.
(2)
After a driver ceases to engage in non-local area work. the driver must continue to record the required information in his or her logbook until the cut-off time.
Maximum penalty: 20 penalty units.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1 52 How information is to be recorded in logbooks
A driver must make records in a logbook in the following way:
the information for each day must be written on a separate daily sheet in a logbook that has not been cancelled by the Authority,
information must be written on a daily sheet as required by the instructions in the logbook for recording information on daily sheets,
the daily sheets in the logbook must be used in
turn from the front of the logbook.
each daily sheet must be signed and dated by the
driver.information must be written on a daily sheet with enough pressure to ensure that a readable record of the information appears on the duplicate daily sheet.
other information must be written in the logbook as required by the instructions in the logbook for the recording of the information. Maximum penalty: 10 penalty units.
53 Exceptions to logbook record requirements
Clauses 48—52 do not apply to a driver in relation to information if:
(a)
clause 54 (When and how supplementary records may be made by drivers) applies to the driver and the driver records the information in accordance with the clause, or
(b)
the driver records the information using an approved DSMD that is operating as required by the manufacturer's instructions.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments 54 When and how supplementary records may be made by
drivers
( 1 ) This clause applies to a driver if:
(a) the driver's logbook is completed. destroyed, lost or stolen, and
(b) the driver has not been issued with a replacement logbook, and (c) 2 business days have not elapsed since the logbook was completed. destroyed, lost or stolen.
(2) This clause also applies to a driver if:
(a)
the driver is not carrying a logbook in which the driver can record information under this Division in accordance with clause 52 (How information is to be recorded in logbooks). and
(b)
the driver is driving a heavy truck or commercial bus fitted with an approved DSMD that is not operating as required by the manufacturer's instructions. and
(c)
2 business days have not elapsed since the DSMD ceased to operate as required by those instructions.
(3)
The driver must record information required by clauses 49—51 in a way that is at least as accurate and understandable as. and in a similar form to. records made in a logbook.
Maximum penalty: 20 penalty units.
Division 3 Driving records for local area work 55 Application of Division 3
This Division applies in relation to a driver who is engaged in local area work.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1 56 Driving records to be made by employers of drivers
(1) The employer of an employed driver must record the
following information:
(a) the driver's name, (b)
the date of each day when the driver drives a heavy truck or commercial bus,
(c)
an estimate of the total of the driver's driving, work and rest times on each day when the driver drives a heavy truck or commercial bus,
(d)
an estimate of the total of the driver's driving, work and rest times for each week in which the driver drives a heavy truck or commercial bus.
Maximum penalty: 20 penalty units. (2) The records may be made as part of other records made
by the employer.
57 Driving records to be made by self-employed
(1) A self-employed driver must record the following
information:
( a )
the date of each day when the driver drives a heavy truck or commercial bus.
(b)
an estimate of the total of the driver's driving, work and rest times on each day when the driver drives a heavy truck or commercial bus.
(c)
an estimate of the total of the driver's driving. work and rest times for each week in which the driver drives a heavy truck or commercial bus.
Maximum penalty: 20 penalty units. (2) The records may be made as part of other records made
by the driver.
ivision 4 Inspection of driving records
58 Driving records-non—local area work
(1)
If a driver is engaged in non-local area work. or has been engaged in non-local area work at any time in the last 28 days. the driver must. while driving a heavy truck or commercial bus, carry his or her driving records for the
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments last 28 days, irrespective of the number of days in that period on which the driver drove a heavy truck or commercial bus.
Maximum penalty: 20 penalty units.
If an authorised person suspects on reasonable grounds
that a driver is engaged in non-local area work, or has been engaged in non-local area work at any time in the last 28 days, the authorised person may ask the driver to produce for inspection his or her driving records for the last 28 days, irrespective of the number of days in that period on which the driver drove a heavy truck or commercial bus.
The driver must immediately produce his or her driving records for the last 28 days for inspection by the authorised person.
Maximum penalty: 20 penalty units.
It is a defence to an offence against this clause if, at the
time of the offence. the driving records had been
destroyed. lost or stolen.The authorised person may annotate the driving records. and may sign and date an annotation.
In this clause:
driving record:
(a) includes a corresponding driving record. but
(h ) does not include a local area management record.
5 59 Definitions for Division 5
Driving records to b e kept
In this Division
driving record includes a corresponding driving record.
local area management record includes a local area management record made under a corresponding law for Division 3.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1 60 Driving records made by employed drivers-non-local
area work
(a) if the driver and employer are both registered participants in TFMS—within 28 days after that
day, and(b) in any other case-within 21 days after that day. Maximum penalty: 20 penalty units.
61 Driving records for non-local area work to be kept
( 1 )
An employer must keep the copy of a driver's driving records given to the employer for the driver's non-local area work on a day for at least 12 months after that day at the place where the employer manages the employment of the driver.
Maximum penalty: 20 penalty units. (2)
A self-employed driver must keep the driver's driving records for non-local area work on a day for at least 12 months after that day at the driver's base.
Maximum penalty: 20 penalty units.
62 Local area management records to be kept
(1)
An employer must keep local area management records made in relation to a driver for a day for at least 12 months after that day at the place where the employer manages the employment of the driver.
Maximum penalty: 20 penalty units. (2)
A self-employed driver must keep the driver's local area management records for a day for at least 12 months after that day at the driver's base.
Maximum penalty: 20 penalty units.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments 63 Authority may ask for driving records to be produced
(1)
The Authority may, by written notice given to a person who is required under this Division to keep driving records. ask the person to produce stated driving records to the Authority for inspection within the time stated in the notice.
(2) The time stated in the notice must be at least 7 days after
the notice is given to the person.(3) The person must comply with the notice.
Maximum penalty (subclause (3)): 20 penalty units.
ivision 6 Other offences by drivers and employers
64 Authority to be told if l o
( 1 ) If a logbook issued to a driver is destroyed, lost or stolen, the driver must tell the Authority, in writing. as soon as practicable (but within 2 business days) after becoming aware that the logbook has been destroyed, lost or stolen.
Maximum penalty: 10 penalty units. (2)
I f a lost or stolen driver's logbook (the earlier logbook) is found or returned to the driver after a replacement logbook has been issued to the driver, the driver must:
(a)
immediately cancel any unused daily sheets in the earlier logbook by writing “cancelled” in large letters across each unused sheet, and
(b)
give the earlier logbook to the Authority as soon as practicable (but within 3 business days) after the logbook is found or returned.
Maximum penalty: 10 penalty units.
65 Drivers must not have more than 1 logbook
A driver must not have in his or her possession more than 1 logbook in which information can be recorded on a daily sheet.
Maximum penalty: 20 penalty units
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1 66 Possession of purported driving records etc prohibited
(1)
A driver or employer must not have in his or her possession something purporting to be a driving record or driver certification manual if the driver or employer knows, or reasonably ought to know. that it is not a driving record or driver certification manual.
Maximum penalty: 20 penalty units. (2) In this clause:
driver Certification manual includes a corresponding
driver certification manual.driving record includes a corresponding driving record.
67 Drivers to tell employers of incorrectly operating
approved DSMDs etc
An employed driver must tell his or her employer as soon as practicable if the driver knows or suspects on reasonable grounds that an approved DSMD fitted in a heavy truck or commercial bus driven by the driver for the employer is not operating as required by the manufacturer's specifications.
Maximum penalty: 20 penalty units.
Note. Approved DSMD is defined in clause 46.
Division 7 General driving record offences 68 Definitions for Division 7
In this Division:
driving record includes a corresponding driving record. entry, in a driving record, includes an annotation made in the record by an authorised person.
69 False and misleading driving records etc prohibited
A person must not:
( a )
make an entry in a driving record that the person knows, or reasonably ought to know, is false or misleading in a material respect, or
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
(b)
deface or change an entry in a driving record that the person knows, or reasonably ought to know, is correct.
Maximum penalty: 20 penalty units.
70 False representation of riving records A person must not falsely represent that a driving record,
or an entry in a driving record, was made by the person.
Maximum penalty: 20 penalty units.
71 Making entries in someone else’s driving records
prohibited
(1) A person must not make an entry in someone else’s
driving record.Maximum penalty: 20 penalty units. (2)
Subclause (1) does not apply if the person is the nominee of a driver and makes the entry in the driver‘s logbook as required by a logbook exemption applying to the driver.
72 Destruction of certain driving records prohibited
I f a driving record is required under this Part to be kept for a particular period by a person. the person or someone else must not destroy the record before the end
of the period.
Maximum penalty: 20 penalty units.
73 Interference with approved DSMDs prohibited
A person must not interfere with the operation of an approved DSMD.
Maximum penalty: 20 penalty units.
Note. Approved DSMD is defined in clause 46.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1
In this Part: core driving hours offence means an offence against any
of the following provisions or a corresponding law:
clause 19 (Regulated hours-maximum driving
times)clause 20 (Regulated hours-maximum work
times)clause 21 (Regulated hours-required minimum
rest times)Q clause 28 (TFMS—maximum driving times) clause 29 (TFMS—maximum work times) clause 30 (TFMS—required minimum rest times). driving record offence means an offence against a provision of Part 4 (Driving records) or a corresponding law. speeding offence means an offence against the law of this or another jurisdiction that involves driving a heavy truck or commercial bus at a speed over the speed-limit.
75 Certain requests etc prohibited
A person must not ask. direct or require, directly or indirectly. a driver to do something if the person knows. or reasonably ought to know. that by complying the driver would, or would be likely to, commit:
(a) a core driving hours offence, or (b ) a driving record offence, or (c) a speeding offence. Maximum penalty: 20 penalty units.
Example of requirement
A requirement that is an express or implied condition of the driver’s
engagement.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments 76 Special obligation of consignors
A consignor must not engage someone to transport goods or persons by road if the consignor knows, or reasonably ought to know. that by complying with an express or implied condition of the engagement the driver of a heavy truck or commercial bus transporting the goods or persons would, or would be likely to, commit:
(a) a core driving hours offence, or (b) a driving record offence, or (c) a speeding offence. Maximum penalty: 20 penalty units.
Note. Consignor is defined in clause 11
77 Special obligation of employers
An employer must not allow an employed driver to drive a heavy truck or commercial bus for the employer if the employer knows. or reasonably ought to know. that by driving the vehicle the driver would. or would be likely to. commit a core driving hours offence.
Maximum penalty: 20 penalty units.
78 Special obligations—rostering and scheduling
(1)
An employer, or a responsible employee of an employer, must not roster driving, work or rest time of an employed driver if the employer or responsible employee knows. or reasonably ought to know, that by complying with the roster the driver would, or would be likely to, commit a core driving hours offence.
Maximum penalty: 20 penalty units. Note. Responsible employee is defined in clause 10 (2)
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1
(2)
An employer, or a responsible employee of an employer, must not schedule the transport of goods or persons by road if the employer or employee knows, or reasonably ought to know, that by complying with the schedule the driver of the heavy truck or commercial bus transporting the goods or persons would, or would be likely to, commit:
(a) a core driving hours offence, or (b) a speeding offence. Maximum penalty: 20 penalty units.
(1) A logbook is a logbook issued by the Authority that
complies with this clause.(2) The logbook must contain:
(a) a unique identifying number for the logbook, and (b) sequentially numbered sheets for making daily records, and (c) provision for recording information on the daily sheets, and (d) a duplicate of: ( i ) each daily sheet, and
( i i ) any application form in the logbook, and
(e) instructions for use of the logbook.
( 3 ) The logbook may contain an application form for the
issue of a logbook.(4) When the logbook is used as required by the instructions in the logbook, information written on a daily sheet or application form must be automatically copied on the
duplicate daily sheet or application form.( 5 ) The logbook must be in the form that is approved by the
Ministerial Council.
1998 No 649
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
80 Applications for logbooks A driver who wishes to be issued with a logbook (including a replacement logbook) must apply in person to the Authority using the application form provided by the Authority.
If the application is for a logbook to replace a logbook
(the existing logbook) that has been previously issued to the driver, the driver must give the existing logbook to the Authority with the application unless the existing logbook has been destroyed, lost or stolen.
If the driver gives the existing logbook to the Authority. the Authority must:
(a) cancel any unused daily sheets in the logbook, and (b)
return the logbook to the driver when the Authority issues the replacement logbook to the driver.
If the application is for a logbook to replace a logbook
that has been destroyed, lost or stolen, the application
must:
(a) state the logbook's number and that it has been destroyed, lost or stolen, and (b)
briefly outline the circumstances of the destruction, loss or theft.
in the form that is approved by the Ministerial Council. An application form provided by the Authority must be
81 Issue of logbooks
( 1 ) The Authority may issue a logbook to a driver i f the
driver:
( a ) applies to the Authority in accordance with clause 80, and
(b)
identifies himself or herself by showing the driver's current driver licence to the Authority. and
( c )
pays the fee prescribed in Schedule A for the issue of a logbook.
1998 No
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1
(2)
If the Authority issues a logbook to a driver, it must annotate the logbook to show the date, time and place of issue.
(3) The Authority may also annotate the logbook in other
ways.
Division 1 Registration of TFMS participants and issue of driver certification manuals 82 Applications for registration
( 1 )
If an employed or self-employed heavy truck driver wishes to be registered as a driver participant in TFMS, the driver may apply to the Authority using the application form in a driver certification manual issued by the Authority.
(2)
The application must include the required medical certificate and required training certificates and must be
in duplicate. (3)
If the employer of a heavy truck driver wishes to be registered as an employer participant in TFMS. the employer may apply to the Authority using the application form provided by the Authority.
( 4 ) An applicant must pay the fee prescribed in Schedule A
for registration as a participant in TFMS.
83 Driver certification manuals
(1) A driver certification manual is a manual issued by the
Authority that complies with this clause.(2 ) The driver certification manual must contain:
(a)
an application form for registration as a driver participant in TFMS, including provision for the required medical and training certificates, and
(b )
provision for a unique identifying number for the manual, and
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
(c)
provision for other medical and training certificates. and
(d)
provision for recording employers’ names and the addresses of places where the employers manage the employment of drivers, and
(e)
provision for recording whether an employer is registered as an employer participant in TFMS and, if so, for recording the employer’s TFMS registration number, and
(f) instructions for use of the manual. is a required medical certificate
For clause 82, the required medical certificate is a certificate of a doctor who examined the applicant in accordance with the required medical standards within 12 months before the making of the application.
The medical certificate must state:
(a) the name and address of the doctor, and (b)
that the doctor examined the applicant in accordance with the required medical standards, and
(c)
that the applicant met the required medical standards, and
(d) the date of the medical examination.
is a required training certificate
For clause 82, the required training Certificate is a certificate by the trainer who conducted an approved fatigue management training course finished by the
applicant. The training certificate must state:
(a) the name and address of the trainer, and (b) that the applicant finished an approved fatigue management training course conducted by the trainer, and (c) the date of the course.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1 86 TFMS registration and issue of driver certification
manuals
The Authority may, on application made in accordance with clause 82:
(a) if the application is for registration as a driver participant in TFMS—register the applicant as a driver participant in TFMS, or (b) if the application is for registration as an employer participant in TFMS—register the applicant as an employer participant in TFMS. However, the Authority must not register the applicant if the applicant was previously registered as a participant in TFMS or a corresponding TFMS and the applicant's registration was cancelled less than 3 months before the applicant again applied for registration.
After registering an applicant as a driver participant in
TFMS, the Authority must:
(a)
give a unique identifying TFMS registration number to the applicant. and
(b)
annotate the applicant's driver certification manual to show the TFMS registration number and the date and place of registration, and
(c) issue the manual to the applicant. After registering an applicant as an employer participant
in TFMS, the Authority must:
(a)
give a TFMS registration number to the applicant. and
(b) tell the applicant in writing of the number. If the Authority decides not to register an applicant. the Authority must give the applicant written reasons for the decision and tell the applicant in writing that the applicant may apply to have the decision reconsidered.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments 87 Applications for replacement driver certification manuals
If a driver who is registered as a driver participant in TFMS wishes to be issued with a replacement driver certification manual, the driver must apply to the Authority using the application form provided by the Authority.
If the application is for a driver certification manual to
replace a driver certification manual that has been
destroyed, lost or stolen. the application must:
(a) state that the manual has been destroyed. lost or stolen, and (b)
briefly outline the circumstances of the destruction, loss or theft.
The Authority may require the driver to give the driver's current driver certification manual to the Authority with the application unless the manual has been destroyed, lost or stolen.
If the driver gives the current driver certification manual
to the Authority, the Authority must return the manual to
the driver when the Authority issues a replacementdriver certification manual to the driver.
of replacement driver certification manuals
The Authority must issue a replacement driver certification manual to a driver if the driver:
(a) applies to the Authority in accordance with clause 87, and
( b ) pays the fee prescribed in Schedule A for issue of a replacement driver certification manual. I f the Authority issues a replacement driver certification
manual to a driver, the Authority must annotate the manual to show the driver's TFMS registration number and the date, time and place of the driver's TFMS registration.
The Authority may also annotate the driver certification manual in other ways.
Motor Traffic Amendment (Driving Hours) Regulation 1998 Amendments Schedule 1
Division 2 Cancellation of registration of TF
articipants
89 Cancellation of TF S registration on application The Authority may cancel the registration of a person as a driver or employer participant in TFMS if the person applies in writing to the Authority for its cancellation.
The Authority must tell the person in writing of the
Authority's decision.If the Authority decides to cancel the registration, the cancellation takes effect on the day when the person is told of the decision by the Authority.
decision and tell the applicant in writing that the Authority must give the applicant written reasons for the If the Authority decides not to cancel the registration, the applicant may apply to have the decision reconsidered. 90 Grounds for cancellation of TFMS registration exce
application The grounds for cancellation of the registration of a person as a driver or employer participant in TFMS, except on application, are:
(a)
that the person's application for registration was false or misleading in a material respect, or
(b)
that the person has contravened the Act. the regulations under the Act, or a corresponding law, or
( c )
if the person is registered as a driver participant in TFMS—that the person no longer meets the required medical standards.
91 Cancellation of TFMS registration except on application
( 1 )
This clause applies if the Authority considers that a ground exists to cancel the registration of a person as a driver or employer participant, or as both a driver and employer participant. in TFMS, except on application.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
The Authority must give a written notice to the person
that:
(a) tells the person of the proposed cancellation, and (b)
states the ground for the proposed cancellation. and
(c)
outlines the facts and other circumstances forming the basis for the ground, and
(d)
invites the person to state in writing, within a stated time of at least 14 days after the notice is given to the person, why the registration should not be cancelled.
If. after considering any written statement made within
the stated time, the Authority is reasonably satisfied that a ground exists to cancel the registration, the Authority may cancel the registration.
(1)
An application for an exemption, or for variation or cancellation of an exemption, must be made to the Authority in writing.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1 However, an application for an emergency exemption, or for variation of an emergency exemption given orally, may be made to the Authority orally in urgent circumstances.
A written application for an exemption (except an emergency exemption) must state:
(a)
the full name, and TFMS registration number (if any), of the applicant, and
(b) the exemption to which the application relates, and (c)
if the applicant is a driver-the address of the driver's base, and
(d)
if the applicant is an employer-the address of the place where the employer manages the employment of drivers covered by the application.
In an application for an exemption, the applicant may
state the period for which the exemption is sought and any conditions to which the exemption is sought to be subject.
If the application is a written application for variation or
cancellation of a written exemption:
(a)
the applicant must give the exemption to the Authority with the application, and
(b) the application must:
(i) for an application for variation of an exemption—state clearly the variation
sought, and(ii) outline why the exemption should be varied or cancelled.
The Authority may require the applicant to give the
Authority any necessary additional information.I f the application is made in writing, a requirement under subclause (6) must be made by written notice given to the applicant.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
121 Decisions by Authority on exemption applications
The Authority must decide an application for an exemption, or for variation or cancellation of an exemption, as soon as practicable after the Authority receives the application.
If the Authority decides to give the applicant an exemption, the Authority must give the applicant a written exemption. If the Authority decides to vary an exemption on application, the Authority must give the applicant a written replacement exemption.
In any other case. the Authority must tell the applicant in
writing of the Authority’s decision.
If the Authority does not make the decision sought by the applicant. the Authority must also give the applicant written reasons for the decision and tell the applicant in writing that the applicant may apply to have the decision
reconsidered.122 Duration of exemptions
( 1 )
An exemption takes effect on the day when the applicant is told of the Authority’s decision to give the exemption.
(2) An exemption applies for the period (not longer than 3
years) stated in the exemption.
123 Conditions of exemptions
An exemption may be given subject to a condition stated in the exemption.
124 Replacement of lost etc exemptions
(1) If the Authority is satisfied that a written exemption given to a person by the Authority has been defaced, destroyed, lost or stolen, the Authority must give the person a replacement exemption as soon as practicable.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1
(2) If the Authority decides not to give a replacement exemption to a person who applies to the Authority for a replacement exemption, the Authority must give the person written reasons for the decision and tell the person that the person may apply to have the decision reconsidered.
125 Failure to comply with conditions of exem A person to whom an exemption (except an FMS exemption) is given must not contravene a condition of the exemption.
Maximum penalty: 20 penalty units.
126 Authority to tell corresponding authorities of certain
decisions
(1) If the Authority gives an exemption to a person, the Authority must tell each corresponding authority and give the corresponding authority details of the exemption.
( 2 ) If the Authority varies or cancels an exemption, the Authority must tell each corresponding authority.
ivision 8 Special exemptions by order of the
127 Minister’s ower to grant exemptions (1)
The Minister may. by order published in the Gazette. exempt a specified class or description of heavy trucks or commercial buses. or a specified class or description of drivers of heavy trucks or commercial buses. from the operation of all or specified provisions of this Schedule.
(2)
Without limiting subclause (1), a class of vehicle or driver can be defined for the purposes of such an exemption by reference to the nature, circumstances or purpose of the journey undertaken or the nature, size or description of the load carried on the journey.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
Part 9 Enforcement, review and other matters Division 1 Provisions about offences 128 Deciding whether persons ought reasonably to have
known
If, in a prosecution for an offence against a provision of this Schedule, it is relevant to prove that someone ought reasonably to have known something, the issue must be decided having regard to:
(a)
the person's abilities. experience. qualifications and training, and
(b) the circumstances of the offence.
129 Limited jeopardy
( 1 ) In this clause: day means a day of the week. fortnight means a period of 14 days beginning on a Monday. month means a period of 28 days beginning on a Monday. regulated hours offence provision means any of the
following provisions:
clause 19 (Regulated hours-maximum driving
times)a clause 20 (Regulated hours-maximum work
times)a clause 21 (Regulated hours-required minimum
rest times).TFMS offence provision means any of the following porvisions:
a clause 28 (TFMS—maximum driving times) a clause 29 (TFMS—maximum work times) clause 30 (TFMS—required minimum rest times). week means a period of 7 days beginning on a Monday.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1
(2) A driver is not liable for more than:
(a)
3 offences against a particular regulated hours offence provision for any relevant period 1 on the same day, or
(b)
2 offences against a particular regulated hours offence provision for any relevant period 2 on the same day. or
(c)
2 offences against a particular regulated hours offence provision for any relevant period 2A in the same week. or
(d)
2 offences against a particular regulated hours offence provision for any relevant period 3 in the same week. or
(e)
4 offences against clause 21 for any relevant period 4 in the same month.
(3) A driver is not liable for more than:
(a)
3 offences against a particular TFMS offence provision for any relevant period 1 on the same day. or
(b)
2 offences against a particular TFMS offence provision for any relevant period 2 on the same day. or
(c)
2 offences against a particular TFMS offence provision for any relevant period 3 in the same fortnight.
(4) A reference in this clause to a relevant period is:
(a)
in relation to an offence against a regulated hours offence provision—a reference to a relevant period within the meaning given by clause 18, or
(b)
in relation to an offence against a TFMS offence provision—a reference to a relevant period within the meaning given by clause 26.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
Division 2 Additional enforcement powers 130 Driver to stop and provide information
An authorised person may direct the driver of a motor
vehicle that appears to be a heavy truck or commercial
bus to do any of the following:stop the vehicle and keep the vehicle stopped for such time as is necessary for the completion of any inquiries about compliance with this Schedule,
move the vehicle to a place nearby, for the purpose
of inspection or inquiries, being a place where thevehicle may lawfully stand without danger to the public and without causing undue traffic congestion or obstruction,
produce for inspection that driver's driver licence
and state his or her name and address.
produce for inspection such consignment notes, bills of lading. receipts, orders or such other documents as relate to the journey being undertaken as are in the possession of the driver. An authorised person who is not a police officer who gives a direction under subclause ( 1 ) requiring a driver to stop a vehicle must:
(a) wear a uniform issued by the Authority, and ( b )
give the direction by means of a sign containing the word "STOP" and the matter "RTA" and the insignia of the Authority.
A person must not:
( a )
fail to comply with a direction given under this clause, or
(b)
obstruct or hinder an authorised person in the exercise of a power conferred by this clause.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1 131 Information about exemptions
An authorised person may ask the driver of a heavy truck or commercial bus whether an exemption applies to the driver.
If the driver claims that an exemption applies to the
driver, the authorised person may ask the driver:
(a) what kind of exemption applies to the driver, and (b)
to produce the exemption. or an exact copy, for inspection.
Subclause (5) applies to the driver if:
(a) the driver does not immediately produce the exemption, or an exact copy, for inspection when asked to produce the exemption by the authorised person, or (b) the driver does not answer a question that the authorised person asks the driver under subclause (1) or (2). However, subclause (5 ) does not apply if the driver has not yet received the exemption or an exact copy of the exemption.
For the application of Part 2 (Regulated hours) or 3 (Transitional fatigue management scheme) to the driver, the driver is taken not to have been at any time in the last 336 hours a person to whom the exemption applies.
Example I f , for a relevant period under Part 2, the driver's total driving time exceeds the driver's maximum driving time, the driver can be dealt with for an offence against clause 19 (Regulated hours-maximum driving times), whether or not an FMS or limited driving hours exemption applies to the driver. In this clause: exact copy, of an exemptionl, means a copy that is identical in all material respects to the exemption.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments 132 Information about TFMS etc
An authorised person may ask the driver of a heavy truck whether the driver is registered as a driver participant in TFMS.
If the driver claims to be registered as a driver participant in TFMS, the authorised person may ask the driver:
(a) to produce his or her current driver certification manual for inspection, and (b) whether the driver is an employed driver. If the driver claims to be an employed driver, the authorised person may ask the driver:
(a) the employer's name and the address of the place where the employer manages the employment of drivers. and (b) whether the employer is registered as an employer participant in TFMS. and (c) if so, the employer's TFMS registration number. Subclause (5) applies to the driver if:
the driver does not immediately produce his or her driver certification manual for inspection when asked to produce it by the authorised person. or
the driver does not answer a question that the driver. the driver is taken not to have been at any time in the last 336 hours registered as a driver participant in TFMS.
clause. authorised person asks him or her under this
For the application of Part 2 (Regulated hours) to the Example
If, for a relevant period under Part 2, the driver's total driving time exceeds the driver's maximum driving time, the driver can be dealt with for an offence against clause 19 (Regulated hours-maximum
driving times), whether or not the driver is registered as a driver
participant in TFMS.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1
( 6 ) In this clause: driver certification manual includes a corresponding
driver certification manual.TFMS includes a corresponding TFMS.
133 information about
(1)
An authorised person may ask the driver of a heavy truck or commercial bus to produce his or her logbook for inspection to see whether a place other than the vehicle's garage address is recorded in the logbook as the driver's base.
(2)
Subclause (3) applies if the driver does not immediately produce his or her logbook for inspection when asked to produce it by the authorised person.
(3)
For the application of Part 4 (Driving records) to the driver, the driver's base is taken to be the vehicle's garage address.
(4) In this clause:
logbook includes a corresponding logbook.
134 Information about whether drivers engaged in non-local
area work
(1) An authorised person may ask the driver of a heavy truck
or commercial bus whether:
(a)
the driver is engaged in local area work or non-local area work, or
(b)
the driver has engaged in non-local area work at any time in the last 28 days.
(2) The driver must answer a question that the driver is
asked under subclause (1)Maximum penalty: 20 penalty units
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
135 False and misleading statements to Authority and
authorised persons
A person must not make a statement or furnish information to the Authority or an authorised person in connection with the exercise of a function of the Authority or authorised person under this Schedule that the person knows, or reasonably ought to know, is false or misleading in a material respect.
Maximum penalty: 20 penalty units.
136 Authorised persons may enter certain places etc
(1) An authorised person may, for monitoring or enforcing
compliance with the provisions of this Schedule:
(a)
enter a place where records are required to be kept under this Schedule, and
(b)
inspect. and copy and take extracts from. any records kept at the place, and
(c)
take into the place the persons who. and the equipment and materials that, the authorised person reasonably requires to exercise a power under paragraph (b), and
(d)
require a person in the place to give the authorised person reasonable help to exercise a power under paragraph (b) or (c).
(2)
The entry may be made at any time during usual business hours or, with the consent of the occupier, at any other time.
( 3 ) A person must comply with a requirement under
subclause (1) (d ) .Maximum penalty: 20 penalty units. 137 Driver directed not to drive
(1)
If an authorised person suspects on reasonable grounds that the driver of a motor vehicle to which this Schedule applies is driving, or has driven. in contravention of a provision of this Schedule, an authorised person may
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1 direct that person to cease driving until sufficient time has elapsed to enable that person to commence driving without contravening a provision of this Schedule.
(2) A person must not fail to comply with a direction under
this clause.Maximum penalty: 20 penalty units.
138 Certain decisions may be reconsidered
The following decisions of the Authority are decisions to which this Division applies:
Column 1 Column 2 Column 3 Item Clause under which Brief description of decision is made decision 1 86 decision not to register
applicant for TFMS89 decision not to cancel TFMS registration on application 91 decision to cancel TFMS registration except on application 106 an emergency decision not to give exemption (or not to
give the exemption for
a person sought to be
covered by the
exemption)108 decision not to give an FMS exemption (or not to give the
exemption for an
employed driver
sought to be covered
by the exemption)
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
Column 1 Column 2 Column 3 Item Clause under which Brief description of decision is made decision 6
110
limited driving hours
exemption (or not to
give the exemption for
an employed driverdecision not to give a by the exemption)
112 or 113 decision not to give a
logbook exemptiondecision not to vary
115 or cancel an
exemption on
application
9 118 decision to vary or
cancel an exemption
except on application10
112
decision to give an exemption for less than 3 years or the period sought by the
applicant 11 123 decision to give an
exemption subject to a
condition not sought
by the applicant12
124
decision not to give a replacement exemption
139 Reconsideration of decisions
( 1 ) A person affected by a decision to which this Division applies (an initial decision) may ask the Authority in
writing to reconsider the decision.(2) The request must be made within:
( a ) 28 days after the person or someone else affected by the decision was told of the initial decision, and given reasons for the decision, by the Authority, or
(b) any longer period allowed by the Authority.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1 Note 1. Under clause 86 (5), an applicant for TFMS registration must be told of the Authority’s decision not to register the applicant.
Note 2. Under clause 89 (4), an applicant for cancellation of
TFMS registration must be told of the Authority’s decision not to cancel the registration.
Note 3. Under clause 91 (4), a person whose TFMS registration
Note 5. Under clause 121, a person who applies for an exemption, or for variation or cancellation of an exemption, must be told of the Authority’s decision.
is cancelled must be told of the Authority’s decision to cancel the varied or cancelled must be told of the Authority’s decision.
registration.
The request must state the decision sought by the person must reconsider the initial decision and:
and outline why the decision should be made.
( a ) confirm the decision, or (b) vary the decision, or (c)
set the decision aside and substitute anew decision.
The Authority must tell the person in writing of the result
the decision sought by the person:
give the person written reasons for the
reconsidered decision, andof the reconsideration and. if the Authority does not
person in writing that the person may apply to the (if clause 140 applies to the decision) tell the Administrative Decisions Tribunal to have the
decision reviewed by the Tribunal.
eview of decisions
(1) A person dissatisfied with a decision that has been reconsidered under clause 139 may apply to the Administrative Decisions Tribunal for a review of the decision.
( 2 )
This clause applies only to a decision reconsidered more than 6 months after the commencement of this clause.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Schedule 1 Amendments
Division 4 Miscellaneous 141 Authorised persons
( 1 ) The Authority may appoint a person to be an authorised
person for this Schedule.(2)
The Authority may appoint a person only if the Authority is satisfied that the person has the qualifications or experience to be an authorised person.
142 Identity cards
The Authority must give an identity card to each
authorised person who is not a police officer.The card must contain:
(a) a recent photograph of the person. and (b) the person's name or, a unique identification number. and (c) the date of issue of the card, and (d) a date of expiry for the card.
authorised person, the person must return his or her If a person who is not a police officer ceases to be an identity card to the Authority within 7 days.
Maximum penalty: 2 penalty units.143 Identification of authorised persons
(1)
An authorised person who is not a police officer. and is not in uniform. may exercise a power in relation to another person only if the authorised person:
(a)
produces his or her identity card for the other person's inspection, or
(b)
has his or her identity card displayed so it is clearly visible.
( 2 )
However, if for any reason it is not practicable to comply with subclause (1) before exercising the power and the other person requests the authorised person to produce evidence of the authorised person's authority, the authorised person must produce the identity card for inspection by the other person.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Amendments Schedule 1 144 Savings and transitional
(1)
A logbook that is an authorised logbook for the purposes of Part 11A of these Regulations immediately before the repeal of that Part is taken to be a logbook for the purposes of this Schedule.
(2)
A logbook that is an authorised logbook (as referred to in subclause (1)) because of the operation of Regulation 126HA before its repeal ceases to be a logbook for the purposes of this Schedule on 5 April 1999.
(3)
An entry made in a logbook under and for the purposes of Part 11A of these Regulations as in force before the repeal of that Part is taken to have been made under and for the purposes of this Schedule.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Dictionary
6 hour rest break means a rest time that is a single period of at least 6 hours. 100 kilometre limit see clause 41 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. another jurisdiction see clause 15 (2). approved DSMD see clause 46. approved fatigue management training course means a fatigue management training course of a kind that is approved by the Ministerial Council. Mote. information about approved fatigue management training courses can be obtained from the National Road Transport Commission, PO Box 13105, Law Courts, Melbourne Vic 3001. approved sleeper berthe means a driver's sleeper berth complying with a standard for sleeper berths that is approved for commercial buses by the Ministerial Council. authorised person means:
(a) a police officer, or (b) a person appointed under clause 141. base see clause 42.
business day means a day that is not a Saturday, Sunday or public holiday in
this jurisdiction.
combination means a group of vehicles consisting of a motor vehicle
connected to 1 or more vehicles.
commercial bus see clause 8 ( 3 )
consignor see clause 11.
core driving hours offence see clause 7 4 .
corresponding authority means the authority of another jurisdiction
corresponding to the Authority.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Dictionary
corresponding driver certification manual. for a driver, means a manual
issued to the driver under a corresponding law for clause 86 or 88.corresponding driving record means:
(a) a corresponding logbook, or (b) a record made by an approved DSMD under a corresponding law for clause 53 (b), or (c) a supplementary record under a corresponding law for clause 54 (When and how supplementary records may be made by drivers), or (d) a local area management record under a corresponding law for Division 3 (Driving records for local area work) of Part 4 (Driving records). corresponding law, for this Schedule or a provision. or provisions, of this Schedule or of the Act as it applies to this Schedule. means the law in force in another jurisdiction corresponding to this Schedule or the provision or provisions.
corresponding logbook, for a driver, means a logbook issued to the driver
under a corresponding law for clause 81.
corresponding TFMS means a transitional fatigue management scheme
established under a corresponding law that includes provisions having thesame. or substantially the same. effect as the following provisions:
Part 3 (Transitional fatigue management scheme) Part 4 (Driving records), except Division 2 (Driving records for non-local area work), and clause 62 (Local area management records to be kept). Parts 6 (Issue of logbooks) and 7 (TFMS administration) clause 129 (Limited jeopardy) Division 2 (Additional enforcement powers) of Part 9 (Enforcement.
review and other matters).doctor means a person who is registered as a medical practitioner under a
law of a State or Territory.driver see clause 9 (1).
driver certification manual:
( a ) see clause 83 (1), and ( b )
for a driver, means a manual issued to the driver under clause 86 or 88.
Motor Traffic Amendment (Driving Hours) Regulation 1998
Dictionary
driver licence : (a)
means a licence issued under a State or Territory law authorising the licensee to drive a motor vehicle, and
(b) until the licence is issued, includes the receipt for the licence fee. Note. See also definition of licence. driving see clause 12 (1).
driving record:
(a) see clause 47 ( 1 ) , and (b) for Division 5 of Part 4—see also clause 59, and (c) for Division 7 of Part 4—see also clause 68. driving record offence see clause 74.
driving time see clause 12 (2).
duplicate daily sheet means the duplicate of a daily sheet in a logbook or
corresponding logbook.
eligible person see clause 105.
emergency see clause 105.
emergency exemption see clause 101 (2).
emergency-related provisions see clause 101 (1).
emergency service see clause 105.
employed driver see clause 9 (2).
employer see clause 10 (1).
entry see clause 68.exemption see clause 100 and also clause 7 (a).
FMS see clause 100.
FMS exemption see clause 102 (2). garage address see clause 42 (2).
Motor Traffic Amendment (Driving Hours) Regulation 1998
Dictionary
GVM, for a vehicle, means the maximum loaded mass of the vehicle:
(a)
specified by the manufacturer on an identification plate on the vehicle, or
(b)
if there is no specification by the manufacturer on an identification plate on the vehicle or if the specification is not appropriate because the vehicle has been modified—certified by the Authority or a corresponding authority.
heavy truck see clause 8 (1).
identity card, for an authorised person, means a card given to the authorised
person under clause 142 (1) .
licence includes a conditional, probationary or provisional licence, but does
not include a learner licence.
limited driving hours exemption see clause 103 (2).
local area management record:
(a) see clause 47 (3), and (b) for Division 5 of Part 4—see also clause 59. local area work see clause 43.
logbook:
(a) see clause 79 (1), and (b) for a driver—see clause 45 logbook exemption see c lause 104 (2). logbook provisions see clause 104 (1). maximum driving hours provision see clause 103 (1).
maximum driving times see:
( a ) for Part 2—clause 19. an
(b ) for Part 3—cIause 28 ( 1 maximum work times see:
Motor Traffic Amendment (Driving Hours) Regulation 1998
Dictionary
Ministerial Council means the Ministerial Council for Road Transport established by Part VI of the Heavy Vehicles Agreement set out in Schedule 1 to the National Road Transport Commission Act 1991 of the Common wealth.
nominee see clause 112 (2).
non-local area work see clause 44.
non-regulated zone see clause 15 (5).
participant see clause 94.
regulated hours provisions see clause 102 ( 1).
regulated zone see clause 15 (4).
relevant jurisdiction see clause 15 (3).relevant period see:
(a) for Part 2—clause 18, and (b) for Part 3—clause 26. required medical certificate see clause 84 (1).
required medical standards means the standards for medical examinations in the edition of the publication, published by the Federal Office of Road Safety and the National Road Transport Commission. entitled Medical Examinations of Commercial Vehicle Drivers that is current at the commencement of this definition.
required minimum rest times see:
(a) for Part 2—clause 21, and (b ) for Part 3—clause 30 ( 1 ) . required training certificate see clause 85 (1).
responsible employee see clause 10 (2) .
rest time see clause 14.
road see clause 5 ( 2 ) .
road-related area see clause 5 ( 3 ) .
self-employed driver see clause 9 (3 ) .
Motor Traffic Amendment (Driving Hours) Regulation 1998
Dictionary
solo driver means a driver who is not a party to a two-up driving
arrangement.
speeding offence see clause 74.
supplementary record see clause 47 (2).
TFMS see clause 24 ( 1 ) (a).
this jurisdiction see clause 15 (1).
two-up driver means the driver of a heavy truck or commercial bus 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) a heavy truck with a sleeper berth complying with ADR 42, or (b) a commercial bus with an approved sleeper berth. variation of an exemption. see clause 7 (b).
work time see clause 13 (1).
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