Untitled document

Road Safety (General) Further Amendment (Fatigue Management) Regulations 2008

S.R. No. 137/2008

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Amendments to Schedule 4

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 137/2008

Road Safety Act 1986

Road Safety (General) Further Amendment (Fatigue Management) Regulations 2008

The Governor in Council makes the following Regulations:

Dated: 18 November 2008

Responsible Minister:

TIM PALLAS
Minister for Roads and Ports

RYAN HEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to prescribe as infringements for the purposes of Part 7 of the Road Safety Act 1986 certain offences that involve breaches of fatigue management requirements that apply to heavy vehicles.

2Authorising provision

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

3Amendments to Schedule 4

(1)In Schedule 4 to the Road Safety (General) Regulations 1999[1], after the item relating to code 7324 insert—

"7325	Driver working under AFM accreditation who contravenes maximum work requirement—minor risk offence	RSA 191Q(2)(a) and (4) and 191QA(1)	3 penalty units
7326	Driver working under AFM accreditation who contravenes maximum work requirement—substantial risk offence	RSA 191Q(2)(a) and (4) and 191QA(2)	6 penalty units
7327	Driver working under AFM accreditation who contravenes minimum rest requirement—minor risk offence	RSA 191Q(2)(b) and (4) and 191QA(1)	3 penalty units
7328	Driver working under AFM accreditation who contravenes minimum rest requirement—substantial risk offence	RSA 191Q(2)(b) and (4) and 191QA(2)	6 penalty units

7329	Driver working under AFM accreditation who contravenes maximum work requirement by exceeding the AFM outer limits—substantial risk offence	RSA 191Q(2A)(a) and (4) and 191QA(2)	6 penalty units
7330	Driver working under AFM accreditation who contravenes minimum rest requirement under the AFM outer limits—substantial risk offence	RSA 191Q(2A)(b) and (4) and 191QA(2)	6 penalty units".

(2)In Schedule 4 to the Road Safety (General) Regulations 1999, after the item relating to code 7334 insert—

"7335 Fail to provide two-up driver with requested details RSA 191T(6) 6 penalty units".

(3)In Schedule 4 to the Road Safety (General) Regulations 1999, after the item relating to code 7338 insert—

"7339 Fail to notify Corporation in writing of filled up, destroyed, lost, stolen or malfunctioning work diary or to apply for replacement work diary RSA 191V(2) 8 penalty units".

(4)In Schedule 4 to the Road Safety (General) Regulations 1999, after the item relating to code 7344 insert—

"7345 Fail to provide list of drivers under BFM accreditation and changes to that list RSA 191ZN(3) 6 penalty units".

(5)In Schedule 4 to the Road Safety (General) Regulations 1999, after the item relating to code 7347 insert—

"7348	Fail to return documents to BFM operator	RSA 191ZO(2)	6 penalty units
7349	Fail to have BFM documents in possession	RSA 191ZOA(1)	6 penalty units
7350	Fail to ensure driver has BFM documents in possession	RSA 191ZOA(2)	6 penalty units
7351	Fail to return BFM documents when required	RSA 191ZOA(3)	6 penalty units
7352	Fail to have AFM documents in possession	RSA 191ZW(1)	6 penalty units
7353	Fail to return AFM documents when required	RSA 191ZW(3)	6 penalty units
7354	Fail to provide list of drivers under AFM accreditation and changes to that list	RSA 191ZX(3)	6 penalty units".

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ENDNOTES

[1] Reg. 3: 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.