Traffic (Compliance and Enforcement) Amendment Regulations 2004 (TAS)

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Traffic (Compliance and Enforcement) Amendment Regulations 2004

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Traffic Act 1925 .26 July 2004

W. J. E. Cox

Lieutenant-Governor

By His Excellency’s Command,

Bryan Green

Minister for Infrastructure, Energy and Resources

1Short titleThese regulations may be cited as the Traffic (Compliance and Enforcement) Amendment Regulations 2004 . 2CommencementThese regulations take effect on the day on which their making is notified in the Gazette. 3Principal RegulationsIn these regulations, the Traffic (Compliance and Enforcement) Regulations 2001 are referred to as the Principal Regulations. 4Schedule 2 amended (Traffic infringement notice offences) Schedule 2 to the Principal Regulations is amended as follows: (a) by inserting the following definition after the definition of PTR in clause 1 of Part 1 : TIR means Taxi Industry Regulations 1996 ; (b) by inserting in the table in clause 3 of Part 1 after

Direction/requirement of police, authorised person, Registrar, &c.

the following item:

Driving hours

(c) by inserting in the table in clause 3 of Part 1 after

Stopping/parking

the following item:

Taxi security cameras

(d) by inserting after item 47 in Part 2 the following:

Driving Hours

47A.

Drive a controlled vehicle when total aggregate driving time exceeds 5 hours in the immediately preceding 5 hours and 30 minutes

VOR 36(a)

250

0

H001

47B.

Drive a controlled vehicle when total aggregate driving time exceeds 12 hours in the immediately preceding 24 hours by not more than one hour

VOR 36(b)

250

0

H002

47C.

Drive a controlled vehicle when total aggregate driving time exceeds 12 hours in the immediately preceding 24 hours by more than one hour but less than 2 hours

VOR 36(b)

450

0

H003

47D.

Drive a controlled vehicle when total aggregate driving time exceeds 72 hours in the immediately preceding 168 hours by not more than one hour

VOR 36(c)

250

0

H004

47E.

Drive a controlled vehicle when total aggregate driving time exceeds 72 hours in the immediately preceding 168 hours by more than one hour but less than 2 hours

VOR 36(c)

450

0

H005

47F.

Drive a controlled vehicle when total aggregate work time exceeds 5 hours in the immediately preceding 5 hours and 30 minutes by not more than one hour

VOR 37(a)

250

0

H006

47G.

Drive a controlled vehicle when total aggregate work time exceeds 5 hours in the immediately preceding 5 hours and 30 minutes by more than one hour but less than 2 hours

VOR 37(a)

450

0

H007

47H.

Drive a controlled vehicle when total aggregate work time exceeds 14 hours in the immediately preceding 24 hours by not more than one hour

VOR 37(b)

250

0

H008

47I.

Drive a controlled vehicle when total aggregate work time exceeds 14 hours in the immediately preceding 24 hours by more than one hour but less than 2 hours

VOR 37(b)

450

0

H009

47J.

Drive a controlled vehicle when total aggregate work time exceeds 72 hours in the immediately preceding 168 hours by not more than one hour

VOR 37(c)

250

0

H010

47K.

Drive a controlled vehicle when total aggregate work time exceeds 72 hours in the immediately preceding 168 hours by more than one hour but less than 2 hours

VOR 37(c)

450

0

H011

47L.

Drive a heavy truck without having had rest time of at least 30 minutes in the immediately preceding 5 hours and 30 minutes

VOR 38(1)(a)

250

0

H012

47M.

Drive a heavy truck without having had rest time of at least 10 hours in the immediately preceding 24 hours

VOR 38(1)(b)

250

0

H013

47N.

Drive a heavy truck without having had rest time of at least 96 hours, including a continuous period of 24 hours, in the immediately preceding 168 hours

VOR 38(1)(c)

250

0

H014

47O.

Drive a commercial bus without having had rest time of at least 30 minutes in the immediately preceding 5 hours and 30 minutes

VOR 38(2)(a)

250

0

H015

47P.

Drive a commercial bus without having had rest time of at least 10 hours, including one continuous period of 6 hours, in the immediately preceding 24 hours

VOR 38(2)(b)

250

0

H016

47Q.

Drive a commercial bus without having had rest time of at least 384 hours in the immediately preceding 672 hours as prescribed

VOR 38(2)(c)

250

0

H017

47R.

Knowingly ask, direct or require another person to commit an offence under Part 5 of the VOR

VOR 39(1)

600

0

H018

47S.

Consignor engage a person to transport goods knowing that a driver of a controlled vehicle in doing so would, or would be likely to, commit an offence under Part 5 of the VOR

VOR 39(2)

600

0

H019

47T.

Consignee knowingly engage in conduct to induce or reward the commission of an offence under Part 5 of the VOR

VOR 39(2A)

600

0

H020

47U.

Operator allow a person to drive a controlled vehicle knowing that person by driving the vehicle would, or would be likely to, commit an offence under Part 5 of the VOR

VOR 39(3)

600

0

H021

47V.

Operator or manager roster driving time, work time or rest time for a person knowing that by complying a person would, or would be likely to, commit an offence under Part 5 of the VOR

VOR 39(4)

600

0

H022

47W.

Operator or manager schedule the transport of people or goods knowing that by complying with the schedule the driver of a controlled vehicle would, or would be likely to, commit an offence under Part 5 of the VOR

VOR 39(5)

600

0

H023

47X.

Driver of a controlled vehicle fail to obtain a national driver logbook when directed by the Commission

VOR 40(1)(a)

450

0

H024

47Y.

Driver of a controlled vehicle fail to carry a national driver logbook in the controlled vehicle he or she is driving when directed by the Commission

VOR 40(1)(b)

450

0

H025

47Z.

Driver of a controlled vehicle fail to record daily driving time and non-driving time in a national driver logbook when directed by the Commission

VOR 40(1)(c)

450

0

H026

47ZA.

Driver of a controlled vehicle fail to produce to an authorised officer or police officer for immediate inspection his or her national driver logbook

VOR 40A(1)

450

0

H027

47ZB.

Driver of a controlled vehicle fail to produce to the Commission for inspection his or her national driver logbook or specified information within 28 days after being directed to do so

VOR 40B(1)

450

0

H028

47ZC.

Driver of a controlled vehicle fail to sign and date a national driver logbook at or near the last entry when asked by the Commission, a police officer or an authorised officer to deliver the national driver logbook into custody under section 48(4A) of the Act

VOR 40C(a)

450

0

H029

47ZD.

Driver of a controlled vehicle fail to immediately commence and maintain another national driver logbook when asked by the Commission, a police officer or an authorised officer to deliver the original national driver logbook into custody under section 48(4A) of the Act

VOR 40C(b)

450

0

H030

47ZE.

Driver of a heavy truck, other than an interstate driver, fail to maintain a daily driving hours record for local area work

VOR 42A(1)

450

0

H031

47ZF.

Operator of a heavy truck fail to provide a driver with the means to record the driver’s local area work

VOR 42A(2)

450

0

H032

47ZG.

Driver of a heavy truck fail to record, in a driving hours record, the date and time before his or her first period of work time

VOR 42A(3)(a)

250

0

H033

47ZH.

Driver of a heavy truck fail to record, in a driving hours record, his or her name before his or her first period of work time

VOR 42A(3)(b)

250

0

H034

47ZI.

Driver of a heavy truck fail to record, in a driving hours record, his or her current driver licence number before his or her first period of work time

VOR 42A(3)(c)

250

0

H035

47ZJ.

Driver of a heavy truck fail to record, in a driving hours record, his or her location before his or her first period of work time

VOR 42A(3)(d)

250

0

H036

47ZK.

Driver of a heavy truck fail to record in a driving hours record, before driving, the registration number, odometer reading and location of the heavy truck

VOR 42A(4)

250

0

H037

47ZL.

Driver of a heavy truck fail to maintain his or her driving hours record in a permanent and easily readable and understandable form

VOR 42A(5)

250

0

H038

47ZM.

Driver of a heavy truck fail to record a change of activity in a driving hours record as required

VOR 42A(6)(a)

250

0

H039

47ZN.

Driver of a heavy truck fail to record in a driving hours record the date, time and location of a change of activity as required

VOR 42A(6)(b)

250

0

H040

47ZO.

Driver of a heavy truck fail to record in a driving hours record the odometer reading of the heavy truck at a change of activity where the odometer reading has changed from the previous entry

VOR 42A(6)(c)

250

0

H041

47ZP.

Driver of a heavy truck fail to sign a driving hours record at least once every 24 hours

VOR 42A(8)

150

0

H042

47ZQ.

Operator of a heavy truck fail to obtain a copy of each day’s driving hours record within 15 days of completion

VOR 42A(9)(a)

450

0

H043

47ZR.

Operator of a heavy truck fail to keep a copy of a completed driving hours record for 12 months from date of completion

VOR 42A(9)(b)

450

0

H044

47ZS.

Driver of a heavy truck fail to carry a driving hours record for the preceding 14 days in the heavy truck he or she is driving

VOR 42B

450

0

H045

47ZT.

Driver of a heavy truck fail to produce immediately for inspection a driving hours record for the preceding 14 days when required to do so

VOR 42C(1)

450

0

H046

47ZU.

Driver of a heavy truck fail to sign and date a driving hours record at or near the last entry when asked by the Commission, a police officer or an authorised officer to deliver the driving hours record into custody under section 48(4A) of the Act

VOR 42D(a)

450

0

H047

47ZV.

Driver of a heavy vehicle fail to immediately commence and maintain another driving hours record when asked by the Commission, a police officer or an authorised officer to deliver the original driving hours record into custody under section 48(4A) of the Act

VOR 42D(b)

450

0

H048

47ZW.

Knowingly make an entry that is false or misleading in a material respect in a national driver logbook or driving hours record

VOR 42E(a)

600

0

H049

47ZX.

Knowingly alter an entry in a national driver logbook or driving hours record so that the entry as altered is false or misleading in a material respect

VOR 42E(b)

600

0

H050

47ZY.

Knowingly make a false statement or furnishing information that is misleading in a material respect about a national driver logbook or driving hours record to a police officer or an authorised officer

VOR 42E(c)

600

0

H051

47ZZ.

Deface or destroy, without reasonable excuse, a national driver logbook or driving hours record or part of such logbook or record

VOR 42F

600

0

H052

(e) by inserting after item 503 in Part 2 the following:

Taxi security cameras

503A

Responsible operator of taxi licensed to operate in a metropolitan taxi area or the Ulverstone taxi area fail to ensure a security camera system is installed in the taxi

TIR 28B(1)

250

0

Q220

503B

Responsible operator of taxi licensed to operate other than in a metropolitan taxi area or the Ulverstone taxi area install a security camera system that does not comply with regulation 28C

TIR 28B(3)

250

0

Q221

503C

Person fail to install security camera system in accordance with Schedule 5 of the Act

TIR 28D(1)

250

0

Q200

503D

Responsible operator fail to display signs that comply with item 3 of Schedule 2 of the Act

TIR 28D(2)

80

0

Q201

503E

Display sign under item 3 of Schedule 2 of the Act that is not able to be read from outside the vehicle or is obscured or covered.

TIR 28D(3)

80

0

Q202

503F

Driver or responsible operator fail to present taxi as specified for testing of system

TIR 28E(2)

150

0

Q203

503G

Driver or responsible operator fail to display written evidence of most recent testing of security camera system

TIR 28E(4)

80

0

Q204

503H

Written evidence of most recent testing of the security camera system not able to be read from inside vehicle or is obscured or covered

TIR 28E(5)

80

0

Q205

503I

Responsible operator fail to have camera system tested by the manufacturer in accordance with the TIR within the preceding 12 month period

TIR 28E(6)

150

0

Q206

503J

Driver of vehicle with a security camera system installed use vehicle as a taxi when system not fully operational

TIR 28F(1)

250

0

Q207

503K

Driver of a vehicle with a security camera system installed use vehicle when the camera lens of the system is obstructed

TIR 28F(2)

250

0

Q208

503L

Prevent or impede the operation of a security camera system by interfering with any part of the system or cause or permit any such interference

TIR 28F(3)

250

0

Q209

503M

Download video recording when not permitted

TIR 28G(1)

250

0

Q210

503N

Fail to keep video recording downloaded under regulation 28G(1)(d) or (e) of TIR for 60 days

TIR 28G(2)(a)

250

0

Q211

503O

Fail to dispose of video recording in accordance with regulation 28K of TIR

TIR 28G(2)(b)

250

0

Q212

503P

Fail to forward copy of video recording downloaded under regulation 28G(1)(a), (b) or (c) of TIR to police as soon as possible

TIR 28H(1)(a)

250

0

Q213

503Q

Fail to keep original video recording downloaded under regulation 28G(1)(a), (b) or (c) of TIR or any copy of the recording until notified to dispose of recording under regulation 28H(5) of TIR

TIR 28H(1)(b)

250

0

Q214

503R

Fail to comply with request of police officer under regulation 28H(2) to provide copy of video recording downloaded under regulation 28G(1)(d) or (e) of TIR for the purpose of police investigations or legal proceedings

TIR 28H(3)(a)

180

Q215

503S

Fail to keep original recording and any other copy of video recording downloaded under regulation 28G(1)(d) or (e) of TIR until notified to dispose of recording under regulation 28H(5) of TIR

TIR 28H(3)(b)

180

0

Q216

503T

Fail to comply with notice from Commissioner of Police to dispose of video recording

TIR 28H(6)

250

0

Q217

503U

Use video recording for unauthorised purpose

TIR 28J(1)

250

0

Q218

503V

Fail to ensure video recording not misplaced or used for unauthorised purpose

TIR 28J(2)

250

0

Q219

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 4 August 2004

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations amend the

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