Untitled document

Road Safety (Drivers) and Road Safety (General) Amendment (Fatigue Management and Other Matters) Regulations 2008

S.R. No. 168/2008

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Towing of vehicles by P1 probationary driver licence holders

5Demerit points

6Calculation of time

7New regulation 507A inserted

507AApproval of certain matters by the Australian
Transport Council

8New regulation 508A inserted

508AForm of written work diaries

9Issue of written work diaries

10Approval of electronic work diaries

11New regulation 513A inserted

513ANotice of variation of approval

12Removal of electronic work diary approval label

13Corporation may permit the use of diaries whose approval has been cancelled

14Amendments to Schedule 2A

15Automatic detection devices

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 168/2008

Road Safety Act 1986

Road Safety (Drivers) and Road Safety (General) Amendment (Fatigue Management and Other Matters) Regulations 2008

The Governor in Council makes the following Regulations:

Dated: 16 December 2008

Responsible Minister:

TIM PALLAS
Minister for Roads and Ports

RYAN HEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is—

(a)to provide a further exception to the prohibition against a P1 probationary driver licence holder towing another vehicle;

(b)to amend the Road Safety (Drivers) Regulations 1999 to implement further reforms relating to heavy vehicle driver fatigue management;

(c)to rectify an incorrect reference to a prescribed detection device in the Road Safety (General) Regulations 1999.

2Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3Principal Regulations

In these Regulations, the Road Safety (Drivers) Regulations 1999[1] are called the Principal Regulations.

4Towing of vehicles by P1 probationary driver licence holders

In regulation 211C of the Principal Regulations, after paragraph (a), insert—

"(ab)the P1 probationary driver licence holder is driving a motor vehicle which is being used solely in connection with agriculture, horticulture, dairying, pastoral or other like pursuits or commercial fishing; or".

5Demerit points

(1)In regulation 301 of the Principal Regulations, in Table 301 at the end of column 2 of the item titled "Driving fatigue regulated heavy vehicle in contravention of maximum work requirement—severe risk offence", insert ", 191Q(2) and (4), 191Q(2A) and (4)".

(2)In regulation 301 of the Principal Regulations, in Table 301 at the end of column 2 of the item titled "Driving fatigue regulated heavy vehicle in contravention of maximum work requirement—critical risk offence", insert ", 191Q(2) and (4), 191Q(2A) and (4)".

(3)In regulation 301 of the Principal Regulations, in Table 301 at the end of column 2 of the item titled "Driving fatigue regulated heavy vehicle in contravention of minimum rest requirement—severe risk offence", insert ", 191Q(2) and (4), 191Q(2A) and (4)".

(4)In regulation 301 of the Principal Regulations, in Table 301 at the end of column 2 of the item titled "Driving fatigue regulated heavy vehicle in contravention of minimum rest requirement—critical risk offence", insert ", 191Q(2) and (4), 191Q(2A) and (4)".

6Calculation of time

In regulation 501(3)(a) of the Principal Regulations, after "if" insert "calculating rest time and".

7New regulation 507A inserted

After regulation 507 of the Principal Regulations insert—

"507A   Approval of certain matters by the Australian Transport Council

For the purposes of section 191ZZZA(1)(j) of the Act, the following matters are prescribed for approval by the Australian Transport Council—

(a)the format in which information must be recorded in a written work diary;

(b)the form of an application to be issued with a written work diary;

(c)the form of an application for approval of a particular type of electronic work diary;

(d)guidelines in relation to an electronic work diary.".

8New regulation 508A inserted

After regulation 508 of the Principal Regulations insert—

"508A   Form of written work diaries

(1)A written work diary must allow information to be recorded in the format approved by the Australian Transport Council.

(2)A written work diary must contain—

(a)a unique identifying number for the work diary; and

(b)sequentially numbered sheets for making daily records; and

(c)provision for recording information on the daily sheets; and

(d)a duplicate of any application form in the work diary; and

(e)2 duplicates of each daily sheet; and

(f)instructions for use of the work diary.

(3)A written work diary may contain an application form for the issue of another work diary.".

9Issue of written work diaries

In regulation 509 of the Principal Regulations,  after subregulation (1), insert—

"(1A)The application must be in the form approved by the Australian Transport Council.".

10Approval of electronic work diaries

(1)In regulation 510 of the Principal Regulations, after subregulation (1), insert—

"(1A)The application must be in the form approved by the Australian Transport Council.".

(2)In regulation 510 of the Principal Regulations, after subregulation (2), insert—

"(2A)In approving a type of electronic work diary, the Corporation must have regard to any guidelines in relation to electronic work diaries approved by the Australian Transport Council.".

(3)In regulation 510 of the Principal Regulations, after subregulation (7), insert—

"(8)If the Corporation does not make the decision sought by an applicant, the Corporation must give the applicant a written notice that states—

(a)the Corporation's decision; and

(b)the reasons for the decision; and

(c)that the applicant may apply to have the decision reconsidered.

(9)Section 191ZZZD of the Act applies to a reconsideration of a decision under this regulation as though it were a decision to which Division 9 of Part 10A of the Act applies.".

11New regulation 513A inserted

After regulation 513 of the Principal Regulations insert—

"513A   Notice of variation of approval

(1)This regulation applies if—

(a)the Corporation varies the approval of an electronic work diary; and

(b)in the Corporation's opinion, the variation will, or is likely to, significantly affect the way the diary is to be used.

(2)The Corporation may direct the person to whom the certificate of approval was issued to notify in writing each person to whom that person has supplied any diary under the approval that the approval has been varied.

(3)If the Corporation gives a direction to a person under subregulation (2), the person must comply with the direction.

Penalty:20 penalty units.

(4)With the consent of the Corporation, a person may comply with subregulation (3) by publishing details of the variation, and any further details specified by the Corporation, using at least 2 of the following methods—

(a)by notice published in a newspaper specified by the Corporation;

(b)by notice published in a journal or newsletter specified by the Corporation;

(c)on a website specified by the Corporation.

(5)Nothing in this regulation prevents the Corporation from publishing details of the variation by whatever means it thinks appropriate.

Example

The Corporation may publish the variation by gazettal or on a website.".

12Removal of electronic work diary approval label

In regulation 514 of the Principal Regulations, for subregulation (2), substitute—

"(2)The Corporation may direct the person to whom the certificate of approval was issued to notify in writing each person to whom that person has supplied any diary under the approval that the approval has been cancelled and that any label on any such diary still in the person's possession should be removed.

(2A)If the Corporation gives a direction to a person under subregulation (2), the person must comply with the direction.

Penalty:20 penalty units.

(2B)With the consent of the Corporation, a person may comply with subregulation (2A) by publishing details of the cancellation, and any further details specified by the Corporation, using at least 2 of the following methods—

(a)by notice published in a newspaper specified by the Corporation;

(b)by notice published in a journal or newsletter specified by the Corporation;

(c)on a website specified by the Corporation.

(2C)Nothing in this regulation prevents the Corporation from publishing details of the cancellation by whatever means it thinks appropriate.

Example

The Corporation may publish the cancellation by gazettal or on a website.".

13Corporation may permit the use of diaries whose approval has been cancelled

In regulation 515(1)(a) of the Principal Regulations, for "or indefinitely" substitute "not exceeding 1 year".

14Amendments to Schedule 2A

In Schedule 2A of the Principal Regulations in the entry relating to the Road Safety Act 1986—

(a)after "191P(2) and (4),", insert "191Q(2) and (4), 191Q(2A) and (4),"; and

(b)after "191ZG,", insert "191ZOA,"; and

(c)for "191ZII", substitute "191ZZI".

15Automatic detection devices

In regulation 302(p) of the Road Safety (General) Regulations 1999[2], for "Gatsometer GTC GS-11" substitute "Gatsometer GTC-GS11".

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ENDNOTES

[1] Reg. 3: S.R. No. 26/1999.  Reprint No. 4 as at 1 July 2008. Reprinted to S.R. No. 80/2008.  Subsequently amended by S.R. Nos 80/2008 and 116/2008.

[2] Reg. 15: S.R. No. 27/1999.  Reprint No. 4 as at 1 July 2008. Reprinted to S.R. No. 79/2008.  Subsequently amended by S.R. Nos 104/2008 and 115/2008.