Transport Operations (Road Use Management—Fatigue Management) Regulation 2008
Transport Operations (Road Use ManagementóFatigue
Management) Regulation 2008
QueenslandTransport
Operations (Road Use Management) Act 1995TransportOperations(RoadUseManagement—FatigueManagement)Regulation2008Current as at 1 July 2013NOTE—This is the
last reprint before repeal.Repealed on 10 February 2014 by 2014
SLNo. 8 s 129
Information about this reprintThis
reprint shows the legislation current as at the date on the cover
and is authorised bythe Parliamentary Counsel.AnewreprintofthelegislationwillbepreparedbytheOfficeoftheQueenslandParliamentary
Counsel when any change to the legislation takes effect. This
change maybe because a provision of the original
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legislation expires or is repealed.When a new reprint
is prepared, this reprint will become a historical reprint. Also,
if it isnecessary to replace this reprint before a
new reprint is prepared, for example, to includeamendments with a retrospective commencement,
an appropriate note would be includedonthecoverofthereplacementreprintandonthecopyofthisreprintatwww.legislation.qld.gov.au.The
endnotes to this reprint contain detailed information about the
legislation and reprint.For example—•The
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legislation by Bills introduced in Parliament, see the
QueenslandLegislation Current Annotations at
www.legislation.qld.gov.au/information.•The
list of annotations endnote gives historical information at section
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dated
and
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Theprevious numbering system and distinctions
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and
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arenot
continued.
QueenslandTransport
Operations (Road UseManagement—Fatigue Management)Regulation 2008ContentsPart
1Division 11234Division 2567Division 3Subdivision 18Subdivision
2910111213Subdivision 314PagePreliminaryIntroductory
mattersShort title . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .13Commencement . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .13Main purpose of this regulation . . .
. . . . . . . . . . . . . . . . . . . . . . .13Outline of the main features
of this
regulation .
. . . . . . . . . . . . . .13InterpretationDefinitions. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15Who is a driver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15Who is a party in the chain of responsibility
. . . . . . . . . . . . . . . . .16Reasonable
stepsReasonable steps
defenceWhat is the reasonable
steps defence
. . . . . . . . . . . . . . . . . . . . .17Deciding whether person
took reasonable stepsMatters
court may
consider for
deciding whether person
tookall reasonable
steps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .17When person regarded to have taken all
reasonablesteps—pt 2 duties...............................18When person regarded
to have
taken all
reasonablesteps—reasonable
steps defence
. . . . . . . . . . . . . . . . . . . . . . . .19Application
of s 57E of the Act to offences against this regulation20Application
of s 57F of the Act to offences against this regulation20Other
provisions about taking reasonable stepsExamples for how to take reasonable
steps—identifying andassessing
aspects of
activities that may lead to contraventions. .21
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Contents15Part 2Division 116171819Division 220Division 32122Division 4Subdivision
1232425Subdivision
22627Subdivision 3282930Subdivision 431Page 2Examples for how to take reasonable
steps—eliminating orminimising risks of contraventions . .
. . . . . . . . . . . . . . . . . . . . . .Duties relating
to fatigueMeaning of fatigue and impaired by
fatigueWhat is fatigue . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .Matters court may consider in deciding
whether person isfatigued.....................................What
is impaired by fatigue . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .Matters court may consider in deciding
whether person isimpaired by fatigue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CausationCausing includes contributing
to causing
and encouraging .
. . . .Duty
to avoid and prevent fatigueDuty of driver
to avoid driving while fatigued . . . . . . . . . . . . . . .
.Duty of party in the chain of responsibility to
prevent driverdriving while fatigued . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .Additional duties of particular parties in
the chain ofresponsibilityEmployers, prime
contractors and operatorsDuty of employer, prime contractor
or operator
to ensurebusiness
practices will not cause driver to drive whilefatigued
etc...................................Duty of employer not to cause driver to drive if particularrequirements
not complied
with .
. . . . . . . . . . . . . . . . . . . . . . . . .Duty
of prime
contractor or
operator not
to cause
driver todrive if particular requirements not
complied with . . . . . . . . . . . .SchedulersDuty of scheduler to ensure driver’s schedule will
not causedriver
to drive
while fatigued etc.
. . . . . . . . . . . . . . . . . . . . . . . . .Duty
of scheduler
not to
cause driver
to drive
if particularrequirements not
complied with
. . . . . . . . . . . . . . . . . . . . . . . . . .Consignors
and consigneesDuty of consignor or consignee to ensure terms ofconsignment
will not
cause driver
to drive
while fatigued etc.
. . .Duty
of consignor
or consignee
not to
cause driver
to drive
ifparticular requirements not
complied with
. . . . . . . . . . . . . . . . . .Duty of consignor or consignee not to make a demand that mayresult
in driver
driving while
fatigued etc.
. . . . . . . . . . . . . . . . . . .Loading
managersDuty of loading manager
to ensure
loading arrangements willnot
cause driver
to drive
while fatigued . . . . . . . . . . . . . . . . . . . .2224242525262626272829293030313233
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Contents32Division 53334Division 63536Part 3Division 1Subdivision 137383940Subdivision
24142434445Division 2464748495051Division 352535455Duty of loading manager to ensure
drivers can take rest inparticular circumstances . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .Additional
duties of particular persons for enabling otherpersons to
comply with duties relating to fatigueDuty of driver
to ensure party in the chain of responsibility hasrelevant information . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .Duty of principal loading
manager to
ensure supervisingloading manager
aware of
duties and
responsibilities . . . . . . . . .Particular
requests etc.
and contracts
etc. prohibitedParticular requests
etc. prohibited . . . . . . . . . . . . . . . . . . . . . . . .Particular
contracts etc. prohibited
. . . . . . . . . . . . . . . . . . . . . . . .Requirements relating to work time and rest
timeKey concepts for this partConcepts relating to work time and rest timeWhat
is a driver’s work and rest hours option. . . . . . . . . . . . . . . .What is work time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .What is rest time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .What is a work and rest change . . . . . . . . . . . . . . . . . . . . . . . . . .Counting timeCounting
periods of
less than
15 minutes
. . . . . . . . . . . . . . . . . .Time must be counted after
rest time
ends .
. . . . . . . . . . . . . . . .Period must be counted by reference to time zone of driver’sbase......................................Counting time spent within participating
zone . . . . . . . . . . . . . . .Counting time
spent outside participating zone . . . . . . . . . . . . . .Standard work and rest arrangementsPurpose of div 2 . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .Options about
standard hours for solo driver of a bus . . . . . . . . .Standard hours—solo drivers . . . . . . . . . . . . . . . . . . . . . . . . . . . .Standard
hours—solo
drivers of
buses .
. . . . . . . . . . . . . . . . . . .Standard
hours—two-up drivers. . . . . . . . . . . . . . . . . . . . . . . . . .Defence relating to short rest breaks . . . . . . . . . . . . . . . . . . . . . .BFM
work and
rest arrangementsPurpose of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .BFM hours—solo drivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Defence for solo drivers relating
to split
rest breaks.
. . . . . . . . . .BFM hours—two-up drivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . .343536373839404040414142434344444445464748484950Page 3
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008ContentsDivision 45657Division 4A57ADivision 55859Part 4Division 1606162636465Division 2Subdivision
1666768Subdivision
2697071727374Subdivision
375767778AFM
hoursAFM hours . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .AFM
outer limits . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .ExemptionsWork and rest
hour exemptions . . . . . . . . . . . . . . . . . . . . . . . . .
.Changing work and rest hours optionDriver
may change
work and
rest hours
option .
. . . . . . . . . . . . .Driving
under new
work and
rest hours
option after
change .
. . .Requirements about
record keepingKey
concepts for
this partWhat
is 200km
work and
200+km
work .
. . . . . . . . . . . . . . . . . . .What
is a driver’s base in particular circumstances .
. . . . . . . . . .Who is a driver’s record keeper
. . . . . . . . . . . . . . . . . . . . . . . . . .Person engaged to undertake particular
functions must benotified of offences . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .Person engaged
to operate or maintain electronic work diarymust have appropriate systems
and procedures . . . . . . . . . . . . .What is a driver’s record location
. . . . . . . . . . . . . . . . . . . . . . . . .Work
diary requirementsRequirement to
carry work
diaryApplication of
sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .Meaning of work diary for sdiv 1. . . . . . . . . . . . . . . . . . . . . . . . . .Driver
of fatigue
regulated heavy vehicle
must carry
work diary
.Information required
to be
included in
work diaryPurpose
of sdiv
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .How information requirements apply
to a day . . . . . . . . . . . . . . .Information
to be
recorded immediately after
starting work
. . . . .Information
to be
recorded immediately before
or after
workand rest change
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .Information to be recorded immediately after
change of baseor record location
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Information
to be
recorded immediately before
finishing work . . .How information must
be recorded
in work
diaryPurpose of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Recording information in written work
diary . . . . . . . . . . . . . . . . .Recording information
in electronic
work diary.
. . . . . . . . . . . . . .Time zone of driver’s base must be used . . . . . . . . . . . . . . . . . . .515152535455555656575858596061626264656566666768Page
4
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008ContentsSubdivision 4798081828384858687Subdivision
588899091Subdivision 6929394Division 39596979899100Requirements
about work diaries that are filled up etc.Application of
sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .Driver must make supplementary records in
particularcircumstances..................................Driver must notify chief executive if work
diary filled up etc.. . . . .What driver must
do if lost or stolen written work diary foundor returned. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Driver must notify record keeper
if electronic
work diary
filledup etc.........................................IAP
reporting entity must notify record
keeper if
electronicwork diary malfunctioning. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .What
record keeper
must do
if electronic
work diary
filled up
. . .What
record keeper
must do
if electronic
work diary
destroyed,lost or stolen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .What record keeper
must do
if electronic
work diarymalfunctioning.................................Requirements about
odometersOwner must maintain odometer
. . . . . . . . . . . . . . . . . . . . . . . . . .Driver must report malfunctioning odometer . . . . . . . . . . . . . . . .What owner must do if odometer
malfunctioning . . . . . . . . . . . . .What employer
or operator
must do
if odometer
malfunctioning .Operation
and maintenance of
electronic work diariesHow electronic work
diary must
be operated
and maintained . . .Person who operates or maintains electronic work
diary mustensure driver’s compliance with s 92 .
. . . . . . . . . . . . . . . . . . . . .Record keeper
must ensure other person’s compliance withs 92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Records relating to driversApplication
of div
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Records
record keeper
must have
if driver
engaging in200km
work under
standard hours. . . . . . . . . . . . . . . . . . . . . . . .Records record keeper
must have
if driver
engaging in200+km work under standard hours
or working
under anaccreditation or
exemption. . . . . . . . . . . . . . . . . . . . . . . . . .Requirements
about records
record keeper
must make
or keep
.General requirements
about driver
giving information to
recordkeeper.........................................Requirements
about driver
giving information to
record keeperif driver changes
record keeper
. . . . . . . . . . . . . . . . . . . . . . . . . .68697070717272747576767777787979808082838586Page 5
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Contents101Division 4102103104105106Division 5Subdivision
1107108109Subdivision
2110111112113114Division 6115116117Division 7Subdivision 1118119120121122123Subdivision
2124Page
6Record keeper must give printouts of
information fromelectronic work diary. . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .Provisions about
false representations relating to workrecordsFalse or misleading entries. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .Possessing or
using false or misleading work records prohibitedKeeping 2 work diaries simultaneously prohibited . . . . . . . . . . . .Possession of purported work records
etc. prohibited . . . . . . . . .False representation
about work
records prohibited . . . . . . . . . .Interfering
with work
recordsWork records generallyDefacing or changing work
records etc.
prohibited .
. . . . . . . . . .Making entries in someone else’s work records prohibited
. . . . .Destruction
of particular
work records
prohibited. .
. . . . . . . . . . .Electronic
work diariesMeaning
of tampers
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Person
must not
tamper with
electronic work diary . . . . . . . . . . .Person
operating or
maintaining electronic work
diary mustensure it is not tampered with . . . .
. . . . . . . . . . . . . . . . . . . . . . .Driver’s record
keeper must ensure electronic work diary is nottampered with.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .IAP
reporting entity must ensure electronic
work diary
is nottampered with. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Obtaining
written work
diaryForm of written work diary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Application
for written
work diary
. . . . . . . . . . . . . . . . . . . . . . . . .Issue of written work diary . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .Electronic
recording systems to become electronic
workdiaryApproval of electronic recording
systemsApplication for approval of electronic
recording system . . . . . . . .Deciding
application for approval . . . . . . . . . . . . . . . . . . . . .
. . . .Steps after decision to grant approval . . .
. . . . . . . . . . . . . . . . . .Steps after
decision to
refuse application. .
. .
. .
. .
. .
. .
. .
. .
. .
.Effect of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Requirement
to notify
users of
conditions of approval
. .
. .
. .
. .
.Provisions about
electronic work diary labelsPlacing
electronic work diary label on device. . . . . . . . . . . . . . . .87888888899090919192939494949596979898100101101101102
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Contents125126Subdivision
3127128129130131132133Part 5Division 1134Division 2Subdivision
1135136137138Subdivision 2139140141142143Division 3Subdivision
1144145146147Effect of electronic work diary label on
device . . . . . . . . . . . . . . .Prohibition on
using device as electronic work diary if it is not anapproved electronic recording system . . . .
. . . . . . . . . . . . . . . . .Amendment or
cancellation of approvalAmendment or cancellation of approval
on application . . . . . . . .Amendment or
cancellation of approval withoutapplication—grounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Amendment
or cancellation of
approval withoutapplication—procedure............................Alternative
to cancelling approval. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Requirements if
approval amended . . . . . . . . . . . . . . . . . . . . . . .Requirements
if approval
cancelled .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .Requirements if effect of approval continued
instead ofcancelled...................................Accreditation and exemptionsPreliminaryWho is an
associate of an operator of a fatigue regulated heavyvehicle........................................BFM
accreditationObtaining BFM
accreditationApplying for BFM accreditation. . . . . . .
. . . . . . . . . . . . . . . . . . . .Deciding
application for BFM accreditation . . . . . . . . . . . . . . . .
.Steps if BFM accreditation granted . . . . . . . . . . . . . . . . . . . . . . .Steps if BFM accreditation not
granted .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Operating under
BFM accreditationChief executive
must issue
interception book for vehicle . . . . . . .Conditions
of BFM
accreditation . . . . . . . . . . . . . . . . . . . . . . . . .Driver
must carry
BFM accreditation details. . . . . . . . . . . . . . . . .General
requirements applying to
operator with BFMaccreditation...................................Operator must give notice of amendment,
suspension orending of accreditation
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.AFM accreditationObtaining AFM
accreditationApplying for
AFM accreditation. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Deciding
application for AFM accreditation . . . . . . . . . . . . . . . .
.Steps if AFM accreditation granted . . . . . . . . . . . . . . . . . . . . . . .Steps if AFM accreditation not
granted .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.103103104104105106107108109111112113115116116116117117119120121124125Page 7
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008ContentsSubdivision 2148149150151152Division 4153Division 5154155Division 6Subdivision
1156Subdivision 2157158Subdivision 3159160161162163164165166Subdivision 4167168Division 7169Page
8Operating under AFM accreditationChief executive must issue interception book
for vehicle . . . . . . .Conditions of AFM accreditation . . .
. . . . . . . . . . . . . . . . . . . . . .Driver must
carry AFM accreditation details. . . . . . . . . . . . . . . .
.General requirements applying to operator
with AFMaccreditation..................................Operator must give notice of amendment,
suspension orending of accreditation
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Exemption for
emergency servicesEmergency services
exemption .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Exemption granted
without an
applicationGrant of class
work and rest hours exemption . . . . . . . . . . . . . . .Amendment,
suspension or cancellation
of class
work andrest hours exemption . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .Exemptions granted upon applicationPreliminaryDefinition for
div 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . .Exemptions that may be granted upon
applicationChief executive may
grant work
and rest
hours exemption .
. .
. .Chief executive may
grant work
diary exemption .
. .
. .
. .
. .
. .
. .Obtaining
exemptionApplying for
exemption generally .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .Additional
requirement for application
for work
and rest
hoursexemption. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .Additional requirement for application for
work diaryexemption
based upon
driver’s
illiteracy . . . . . . . . . . . . . . . . . . . .Additional
requirement for application
for work
diaryexemption based
upon infrequency of
200+km
work .
. .
. .
. .
. .
.Chief executive
may request
further information .
. .
. .
. .
. .
. .
. .Deciding
application for exemption.
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.Steps if exemption granted
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .Steps if exemption not granted . . . . . . .
. . . . . . . . . . . . . . . . . . . .Operating under
exemptionCompliance with
conditions of exemption
. .
. .
. .
. .
. .
. .
. .
. .
. .Driver must carry copy of gazette notice
or exemption notice
. .
.Amendment or
cancellation of accreditation
or exemptionupon
applicationDefinition for div 7. . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .125125126127128129130132133133135136136137138138138139140140140142
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 1
Preliminary[s 1]Transport
Operations (Road UseManagement—Fatigue Management)Regulation 2008[as amended by
all amendments that commenced on or before 1 July 2013]Part
1PreliminaryDivision 1Introductory matters1Short
titleThisregulationmaybecitedastheTransportOperations(RoadUseManagement—FatigueManagement)Regulation2008.2CommencementThisregulationcommenceson29September2008,immediately
after theTransportLegislationAmendmentAct2007, section 63
commences.3Main purpose of this regulationThe
main purpose of this regulation is to provide for the safemanagementofthefatigueofdriversoffatigueregulatedheavy vehicles while they are driving on a
road.4Outline of the main features of this
regulation(1)This regulation applies to—(a)drivers of fatigue regulated heavy
vehicles; andCurrent as at 1 July 2013Page
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 1
Preliminary[s 4](b)particular persons whose activities
influence the conductof drivers of fatigue regulated heavy
vehicles in a waythat affects the drivers’ fatigue when
driving on a road.Examples for paragraph (b)—•employers of
drivers of fatigue regulated heavy vehicles•operators of fatigue regulated heavy
vehicles•schedulers for fatigue regulated heavy
vehicles•consignors and consignees of goods
transported or to betransported by fatigue regulated heavy
vehicles•loaders and unloaders of goods in
fatigue regulated heavyvehicles•loadingmanagersforgoodsinfatigueregulatedheavyvehicles(2)Part 2 imposes—(a)generaldutiesdirectedatpreventingpersonsdrivingfatigueregulatedheavyvehiclesonaroadwhileimpaired by fatigue, which are imposed
on—(i)the drivers of fatigue regulated heavy
vehicles; and(ii)partiesinthechainofresponsibilityforfatigueregulated heavy
vehicles; and(b)additionaldutiesdirectedathelpingdriversoffatigueregulated heavy
vehicles to comply with this regulation,which are
imposed on particular parties in the chain ofresponsibility.(3)Part3providesforthemaximumworkrequirementsandminimumrestrequirementsapplyingtodriversoffatigueregulated heavy
vehicles, which apply as follows—(a)standard work and rest arrangements,
which—(i)apply to drivers of fatigue regulated
heavy vehiclesoperatingotherthanunderaBFMaccreditation,AFM
accreditation, work and rest hours exemptionorworkandresthoursalternativecompliancescheme;
and(ii)are known as
‘standard hours’;Page 14Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 1
Preliminary[s 5](b)BFM
work and rest arrangements, which—(i)apply to drivers of fatigue regulated heavy
vehiclesoperating under a BFM accreditation (which
is anaccreditationrelatingtothebasicfatiguemanagement
scheme); and(ii)are known as
‘BFM hours’;(c)AFM work and rest arrangements,
which—(i)apply to drivers of fatigue regulated
heavy vehiclesoperating under an AFM accreditation (which
is anaccreditationrelatingtotheadvancedfatiguemanagement
scheme); and(ii)are known as
‘AFM hours’.(4)Part 4 provides for recording the work
times and rest times ofdrivers, amongst other things.(5)Part 5 enables—(a)operatorsoffatigueregulatedheavyvehiclestoseekBFM
accreditation or AFM accreditation; and(b)drivers or operators of fatigue regulated
heavy vehicles,oremployersoforprimecontractorsfordriversoffatigue regulated heavy vehicles, to seek an
exemptionfrom particular requirements of this
regulation.Division 2Interpretation5DefinitionsThe dictionary
in schedule 6 defines particular words used inthis
regulation.6Who is adriver(1)In this regulation, a reference to
adriverof a fatigue
regulatedheavyvehicleisareferencetothedriverofthevehicleCurrent as at 1 July 2013Page
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 1
Preliminary[s 7]whetherthedriverisanemployeddriverorself-employeddriver.(2)The driver of a fatigue regulated
heavy vehicle is anemployeddriverif
the driver is employed by someone else to drive thevehicleunderacontractofemployment,apprenticeshiportraining.(3)Thedriverofafatigueregulatedheavyvehicleisaself-employed
driverif the driver is not an employed driver
ofthe vehicle under subsection (2).7Who is aparty in the
chain of responsibility(1)Eachofthefollowingpersonsisapartyinthechainofresponsibilityfor a fatigue
regulated heavy vehicle—(a)an employer of
the driver of the vehicle;(b)a prime
contractor for the driver of the vehicle;(c)an
operator of the vehicle;(d)a scheduler for
the vehicle;(e)a consignor of goods transported or to
be transported bythe vehicle;(f)a
consignee of goods transported or to be transported bythe
vehicle;(g)a loading manager for goods in the
vehicle;(h)a loader of goods in the
vehicle;(i)an unloader of goods in the
vehicle.(2)A person may be a party in the chain
of responsibility in morethan 1 capacity.Example—A
person may be a driver’s employer, operator and consignor of
goodsat the same time in relation to a fatigue
regulated heavy vehicle and besubject to duties
in each of the capacities.Page 16Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 1
Preliminary[s 8]Division 3Reasonable stepsSubdivision
1Reasonable steps defence8What
is thereasonable steps defenceIf,underthisregulation,apersonhasthebenefitofthereasonablestepsdefenceinrelationtoanoffenceagainstaprovision of this regulation, it is a
defence to a charge for anoffence against the provision if the
person charged establishesthat—(a)the person did not know, and could not
reasonably beexpectedtohaveknown,ofthecontraventionconcerned;
and(b)either—(i)the
person took all reasonable steps to prevent thecontravention;
or(ii)there were no
steps the person could reasonably beexpectedtohavetakentopreventthecontravention.Note—See section 57H(1)(d) of the Act,
which provides that the CriminalCode, section 24
(Mistake of fact) does not apply to an offence against afatigue management regulation in relation to
which a person charged hasthe benefit of the reasonable steps
defence.Subdivision 2Deciding whether
person tookreasonable steps9Matters court may consider for deciding
whether persontook all reasonable steps(1)This section applies in relation
to—(a)proceedings for an offence against a
provision of part 2thatmaybecommittedbya
personfailingtotakeallCurrent as at 1 July 2013Page
17
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 1
Preliminary[s 10]reasonable
steps; and(b)proceedingsforanoffenceagainstaprovisionofthisregulation if,
under this regulation, the person chargedhas the benefit
of the reasonable steps defence.(2)In
deciding whether things done or omitted to be done by thepersonchargedwiththeoffencetowhichtheproceedingsrelate
constitute reasonable steps, the court may have regardto
the matters mentioned in section 57DB(1)(a) to (k) of theAct.Note—See
also sections 33 and 34.(3)For applying the
matters mentioned in section 57DB(1)(a) to(k)oftheActtotheproceedings,areferenceinsection57DB(1)(a) to
(k) of the Act to a contravention is taken to be areferencetothecontraventionconstitutingtheoffencetowhich the proceedings relate.10When person regarded to have taken all
reasonablesteps—pt 2 duties(1)This
section applies in relation to proceedings for an offenceagainstaprovisionofpart2thatmaybecommittedbyaperson failing to take all reasonable
steps.(2)Without limiting the circumstances in
which things done oromitted to be done by the person
charged with the offence towhich the
proceedings relate constitute reasonable steps, theperson is to be regarded as having taken all
reasonable steps ifthepersondidallofthethingsmentionedinsection57DC(1)(a) to
(e) of the Act to prevent the act or omissionthat led to the
contravention constituting the offence.(3)For
applying the things mentioned in section 57DC(1)(a) to(e)
of the Act to the proceedings—(a)a
reference in section 57DC(1)(a) to (e) of the Act to arelevant driver for the person charged is
taken to be areferencetothedriverofafatigueregulatedheavyPage 18Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 1
Preliminary[s 11]vehicle in
relation to which the person charged is a partyin the chain of
responsibility; and(b)a reference in section 57DC(1)(a) to
(e) of the Act to acontraventionistakentobeareferencetothecontraventionconstitutingtheoffencetowhichtheproceedings relate.11When
person regarded to have taken all reasonablesteps—reasonable
steps defence(1)This section applies in relation to
proceedings for an offenceagainst a provision of this regulation
if, under this regulation,thepersonchargedhasthebenefitofthereasonablestepsdefence.(2)Without limiting the circumstances in which
things done oromitted to be done by the person charged
with the offence towhich the proceedings relate constitute
reasonable steps, theperson is to be regarded as having
taken all reasonable steps ifthepersondidallofthefollowingtopreventtheactoromissionthatledtothecontraventiontowhichtheoffencerelates—(a)identified and assessed—(i)the risks that the contravention may
occur; and(ii)if there is a
substantial risk that the contraventionmay occur—the
measures the person may take toeliminate the
risk or, if it is not reasonably possibleto eliminate the
risk, to minimise the risk;(b)carried out the identification and
assessment mentionedin paragraph (a)—(i)at
least annually; and(ii)after each event
that may significantly increase therisk of the
contravention occurring;(c)tookthemeasuresidentifiedandassessedunderparagraph (a)(ii);Current as at 1
July 2013Page 19
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 1
Preliminary[s 12](d)documented each action the person has taken
under thissection—(i)during the past 3 years; or(ii)if3yearshavenotpassedsincethecommencementofthissection—fromthecommencement of this section.12Application of s 57E of the Act to
offences against thisregulationSection57EoftheActalsoappliestoaprovisionofthisregulation that
provides that a person may avoid liability, or isnotliable,foranoffenceifthepersontookallreasonablesteps in
relation to a matter.13Application of s
57F of the Act to offences against thisregulation(1)Section57F(2)to(4)oftheActalsoappliesfordecidingwhether a person
charged with afollowingoffencetookallreasonable steps to prevent the
contravention constituting theoffence—(a)anoffenceagainstaprovisionofpart2thatmaybecommittedbyapersonfailingtotakeallreasonablesteps;(b)an offence against a provision of this
regulation if, underthis regulation, the person charged
has the benefit of thereasonable steps defence.(2)Section57F(2)to(4)oftheActasappliedtoanoffenceagainstaprovisionofthisregulationundersubsection(1)does
not limit the circumstances in which the person chargedwiththeoffenceistoberegardedashavingtakenallreasonable steps.Page 20Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 1
Preliminary[s 14]Subdivision
3Other provisions about takingreasonable steps14Examples for how to take reasonable
steps—identifyingand assessing aspects of activities that may
lead tocontraventions(1)This
section applies—(a)for sections 57DB and 57DC of the Act;
and(b)for the application of sections 57DB
and 57DC of theAct to offences against this regulation
under sections 9and 10.(2)Thefollowingareexamplesofwaysapersonmayidentifyand assess the
aspects of activities of the person, or a relevantdriverfortheperson, thatmayleadto acontraventionofafatigue management requirement by a
relevant driver for theperson—(a)consulting the relevant drivers, other
parties in the chainof responsibility, unions and industry
associations aboutways of identifying and assessing the
aspects;(b)reviewing driving or work schedules
and work recordsoftherelevantdrivers,includingreviewingopportunities
for rest time;Note—Section 33
provides for a duty of drivers of fatigue regulatedheavyvehiclestogiveapartyinthechainofresponsibilityparticular
information.(c)reviewingloadingandunloadingtimesanddelaysatloading and unloading places;(d)reviewing contractual arrangements and
documentationrelating to the consignment and delivery of
goods;(e)regularlyassessingandmonitoringworkplacehealthand safety
practices;(f)regularlyassessingfitnessfordutyoftherelevantdrivers;Current as at 1 July 2013Page
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 1
Preliminary[s 15](g)analysing injury and incident
reports.Note—For the meaning
ofrelevant driverfor a person,
see—(a)inrelationtosections57DBand57DCoftheAct—section57DC(2) of the
Act; or(b)in relation to the application of
sections 57DB and 57DC of the Actto this
regulation under sections 9 and 10—section 10(3)(a).15Examples for how to take reasonable
steps—eliminatingor minimising risks of contraventions(1)This section applies—(a)for sections 57DB and 57DC of the Act;
and(b)for the application of sections 57DB
and 57DC of theAct to offences against this regulation
under sections 9and 10.(2)The
following are examples of measures a person may take toeliminateorminimiserisksofaspectsofactivitiesoftheperson,orrelevantdriversfortheperson,leadingtoacontraventionofafatiguemanagementrequirementbyarelevant driver for the person—(a)havingworkplaceproceduresandpoliciesrelatingtofatigueandcompliancewithmaximumworkrequirements and minimum rest
requirements;(b)contingencyplanninginrelationtofatigueandcompliancewithmaximumworkrequirementsandminimum rest requirements;(c)having a program to report and monitor
fatigue-relatedincidents, risks and hazards;(d)having a program for assessingfitnessfordutyoftherelevant drivers;(e)having training and information for the
relevant drivers,staffandpartiesinthechainofresponsibilityaboutfatigueandcompliancewithmaximumworkrequirements and minimum rest
requirements;Page 22Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 1
Preliminary[s 15](f)having appropriate supervision and
management of therelevantdrivers,staffandpartiesinthechainofresponsibility;Notes—1Section 33
provides for a duty of drivers of fatigue regulatedheavy
vehicles to give a party in the chain of responsibilityparticular information.2Section34providesforadutyofparticularloadingmanagers to ensure other loading managers
are aware oftheir duties under the Act.(g)schedulingarrangementsthathaveregardtofatiguerisks and work
and rest hours options;(h)allowing for
traffic or other delays in scheduling;(i)having a system for giving the relevant
drivers sufficientnotice of schedule changes;(j)having a system to maintain equipment,
work systemsand work records;(k)havingtermsincommercialarrangementswithotherparties in the
chain of responsibility designed to ensurecompliance by
the other party with laws about fatiguemanagement
applying to the other party;(l)avoidingincentivesordemandsincommercialarrangementsthatmaycausefatigueorbreachesofmaximumworkrequirementsandminimumrestrequirements;(m)havingasystemformonitoringandremedyingproblemsrelatedtofatigueandcompliancewithmaximumworkrequirementsandminimumrestrequirements.Note—For the meaning ofrelevant
driverfor a person, see—(a)inrelationtosections57DBand57DCoftheAct—section57DC(2) of the
Act; or(b)in relation to the application of
sections 57DB and 57DC of the Actto this
regulation under sections 9 and 10—section 10(3)(a).Current as at 1 July 2013Page
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Transport Operations (Road Use
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relating to fatigue[s 16]Part 2Duties relating to fatigueDivision 1Meaning of
fatigue and impaired byfatigue16What
isfatigueFatigueincludes—(a)feeling sleepy; and(b)feelingphysicallyormentallytired,wearyordrowsy;and(c)feeling exhausted or lacking energy;
and(d)behaving in a manner consistent with
paragraph (a), (b)or (c).17Matters court may consider in deciding
whether person isfatigued(1)When
deciding whether the person driving a fatigue regulatedheavy vehicle (thedriver)
was fatigued, a court may considerthe
following—(a)what is commonly understood as being
fatigued;(b)any cause of fatigue that may have
caused or contributedtothedriver’sfatigue,whetherornotthecausearosewhile the driver
is at work;(c)any sign of fatigue exhibited by the
driver, whether ornotthesignwasexhibitedbefore,duringorafterthedriver drove the vehicle;(d)any relevant body of fatigue
knowledge.(2)Subsection(1)doesnotlimitthemattersthecourtmayconsiderwhendecidingwhetheradriverwasimpairedbyfatigue.Page 24Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 2 Duties
relating to fatigue[s 18]18What
isimpaired by fatigueA person
isimpaired by fatigueif the person is
fatigued to theextentthatthepersonisincapableofdrivingafatigueregulated heavy
vehicle safely.19Matters court may consider in deciding
whether person isimpaired by fatigue(1)When
deciding whether the person driving a fatigue regulatedheavyvehicle(thedriver)wasimpairedbyfatigue,acourtmay consider the
following—(a)any cause of fatigue that may have
caused or contributedtothedriver’sfatigue,whetherornotthecausearosewhile the driver
is at work;(b)any sign of fatigue exhibited by the
driver, whether ornot the sign is exhibited before, during or
after the driverdrove the vehicle;(c)the
degree to which a cause mentioned in paragraph (a)or a
sign mentioned in paragraph (b) indicates the driverwas
impaired by fatigue;(d)anybehaviourexhibitedbythedriverthatmayhaveresulted from
the driver being impaired by fatigue;Examples for
paragraph (d)—•the circumstances
of any incident, crash or near miss•poor
driving judgement•inattentive driving such as drifting
into other lanes on a roador not changing gears smoothly(e)the nature and extent of any physical
or mental exertionby the driver;(f)whetherthedriverwasinbreachofthedriver’sworkand
rest option.(2)Subsection(1)doesnotlimitthemattersthecourtmayconsiderwhendecidingwhetheradriverwasimpairedbyfatigue.Current as at 1
July 2013Page 25
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 2 Duties
relating to fatigue[s 20](3)A
court may consider the driver to be impaired by fatigue evenif
the driver has complied with—(a)the
requirements under the Act, including, for example,themaximumworkrequirementsandminimumrestrequirements under standard hours; or(b)any other law.Division 2Causation20Causing includes contributing to causing
andencouragingIn this part, a
reference to causing a thing must be taken toinclude a
reference to contributing to causing the thing, and toencouraging the thing.Division 3Duty
to avoid and prevent fatigue21Duty
of driver to avoid driving while fatiguedA person must
not drive a fatigue regulated heavy vehicle on aroad
while the person is impaired by fatigue.Maximum
penalty—45 penalty units.22Duty of party in
the chain of responsibility to preventdriver driving
while fatigued(1)A party in the chain of responsibility
(aparty) for a
fatigueregulatedheavyvehiclemusttakeallreasonablestepstoensure a person (theother person) does not drive
the vehicleon a road while the person is impaired by
fatigue.Maximum penalty—60 penalty units.(2)A corresponding obligation that is the
same or substantiallythesameasthedutyundersubsection(1)isprescribedforsection 150C of the Act.Page 26Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 2 Duties
relating to fatigue[s 23](3)Inrelationtoproofofwhetherapartytookallreasonablesteps to ensure
the other person does not drive the vehicle on aroad
while impaired by fatigue, in proceedings for an offenceagainst subsection (1)—(a)evidence that, at the relevant time, the
party compliedwith a duty of obligation mentioned in
subsection (2) isevidence that the party took the reasonable
steps; and(b)if the party is an operator of the
fatigue regulated heavyvehicle—evidence that, at the relevant
time, the operatorcomplied with the conditions of a BFM
accreditation orAFMaccreditationgrantedtotheoperatorunderthisregulationisevidencethattheoperatortookthereasonable steps.(4)In
proceedings for an offence against subsection (1), it is notnecessary for the prosecution to prove that
the other persondrove,orwouldormayhavedriven,thevehiclewhileimpaired by fatigue.Division 4Additional duties of particularparties in the chain of
responsibilitySubdivision 1Employers, prime
contractors andoperators23Duty
of employer, prime contractor or operator to ensurebusiness practices will not cause driver to
drive whilefatigued etc.(1)Arelevantpartyforthedriverofafatigueregulatedheavyvehicle must take all reasonable steps to
ensure the relevantparty’s business practices will not cause
the driver to—(a)drive while impaired by fatigue;
or(b)drive while in breach of the driver’s
work and rest hoursoption; orCurrent as at 1
July 2013Page 27
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 2 Duties
relating to fatigue[s 24](c)drive in breach of another law in order to
avoid drivingwhileimpairedbyfatigueorwhileinbreachofthedriver’s work and rest hours
option.Maximum penalty—45 penalty units.(2)In this section—businesspractices,ofarelevantpartyforthedriverofafatigueregulatedheavyvehicle,meansthepracticesoftherelevantpartyinrunningtherelevantparty’sbusiness,andincludes—(a)theoperatingpoliciesandproceduresofthebusiness;and(b)thehumanresourceandcontractmanagementarrangements of
the business; and(c)arrangements for managing
safety.relevantparty,forthedriverofafatigueregulatedheavyvehicle,
means—(a)an employer of the driver, if the
driver is an employeddriver; or(b)aprimecontractorofthedriver,ifthedriverisaself-employed driver; or(c)an operator of the vehicle if the
driver of the vehicle is tomake a journey
for the operator.24Duty of employer not to cause driver
to drive if particularrequirements not complied withAnemployerofanemployeddriverofafatigueregulatedheavy vehicle
must not cause the driver to drive the vehicleunless—(a)the employer has complied with section
23; and(b)theemployer,aftermakingreasonableinquiries,issatisfiedeachschedulerforthevehiclehascompliedwith subdivision
2.Maximum penalty—30 penalty units.Page
28Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 2 Duties
relating to fatigue[s 25]25Duty
of prime contractor or operator not to cause driverto
drive if particular requirements not complied with(1)This section applies to—(a)a prime contractor of a self-employed
driver (thedriver)of a
fatigue regulated heavy vehicle; and(b)an
operator of a fatigue regulated heavy vehicle beingdriven by someone else (also thedriver).(2)The prime contractor or operator must
not cause the driver todrivethefatigueregulatedheavyvehicle,orenterintoacontractorotheragreementwiththedrivertothateffect,unless—(a)theprimecontractororoperatorhascompliedwithsection 23; and(b)theprimecontractororoperator,aftermakingreasonable
inquiries, is satisfied each scheduler for thevehicle has
complied with subdivision 2.Maximum
penalty—30 penalty units.Subdivision 2Schedulers26Duty
of scheduler to ensure driver’s schedule will notcause
driver to drive while fatigued etc.A scheduler for
a fatigue regulated heavy vehicle must take allreasonable steps
to ensure the schedule for the driver of thevehicle will not
cause the driver to—(a)drive while
impaired by fatigue; or(b)drive while in
breach of the driver’s work and rest hoursoption;
or(c)drive in breach of another law in
order to avoid drivingwhileimpairedbyfatigueorwhileinbreachofthedriver’s work and rest hours
option.Maximum penalty—45 penalty units.Current as at 1 July 2013Page
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 2 Duties
relating to fatigue[s 27]27Duty
of scheduler not to cause driver to drive if particularrequirements not complied withAschedulerforafatigueregulatedheavyvehiclemustnotcause the driver of the vehicle to drive the
vehicle unless—(a)the scheduler has complied with
section 26; and(b)the schedule for the driver of the
vehicle allows for—(i)the driver to take rest time under the
driver’s workand rest hours option; and(ii)trafficconditionsandotherdelaysthatcouldreasonably be expected.Examples of
traffic conditions and other delays that couldreasonably be
expected—•the actual
average speed able to be travelled lawfullyand safely by the
driver on the route to be travelled bythe
vehicle•known traffic conditions, for example,
road works ortraffic congestion on the route•delays caused by loading, unloading or
queuingMaximum penalty—30 penalty units.Subdivision 3Consignors and
consignees28Duty of consignor or consignee to
ensure terms ofconsignment will not cause driver to drive
while fatiguedetc.(1)A
consignor or consignee of goods for transport by a fatigueregulatedheavyvehiclemusttakeallreasonablestepstoensure the terms of consignment, for
example delivery times,willnotresultin,encourageorprovideanincentivetothedriver of the vehicle to—(a)drive while impaired by fatigue;
or(b)drive while in breach of the driver’s
work and rest hoursoption; orPage 30Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 2 Duties
relating to fatigue[s 29](c)drive in breach of another law in order to
avoid drivingwhileimpairedbyfatigueorwhileinbreachofthedriver’s work and rest hours
option.Maximum penalty—45 penalty units.(2)A consignor or consignee of goods for
transport by a fatigueregulatedheavyvehiclemusttakeallreasonablestepstoensure the terms of consignment, for
example delivery times,willnotresultin,encourageorprovideanincentivetoarelevant party for the driver of the
vehicle to cause the driverto—(a)drive while impaired by fatigue;
or(b)drive while in breach of the driver’s
work and rest hoursoption; or(c)drive in breach of another law in order to
avoid drivingwhileimpairedbyfatigueorwhileinbreachofthedriver’s work and rest hours
option.Maximum penalty—45 penalty units.(3)In this section—relevantparty,forthedriverofafatigueregulatedheavyvehicle, means—(a)an
employer of the driver, if the driver is an employeddriver; or(b)aprimecontractorofthedriver,ifthedriverisaself-employed driver; or(c)an operator of the vehicle.29Duty of consignor or consignee not to
cause driver todrive if particular requirements not
complied with(1)A consignor or consignee of goods for
transport by a fatigueregulatedheavyvehiclemustnotcausethedriverofthevehicletodrivethevehicle,orenterintoacontractoragreement to that effect, unless—Current as at 1 July 2013Page
31
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 2 Duties
relating to fatigue[s 30](a)theconsignororconsigneehascompliedwithsection28; and(b)theconsignororconsignee,aftermakingreasonableinquiries, is
satisfied—(i)eachrelevantpartyforthedriverhascompliedwith subdivision
1; and(ii)each scheduler
for the vehicle has complied withsubdivision
2.Maximum penalty—30 penalty units.(2)In this section—relevantparty,forthedriverofafatigueregulatedheavyvehicle, means—(a)an
employer of the driver, if the driver is an employeddriver; or(b)aprimecontractorofthedriver,ifthedriverisaself-employed driver; or(c)an operator of the vehicle.30Duty of consignor or consignee not to
make a demandthat may result in driver driving while
fatigued etc.(1)A consignor or consignee of goods for
transport by a fatigueregulated heavy vehicle must not make
a demand that affects,ormayaffect,atimeinascheduleforthetransportoftheconsigned goods and that may cause the
driver of the vehicleto—(a)drive while impaired by fatigue; or(b)drive while in breach of the driver’s
work and rest hoursoption; or(c)drive in breach of another law in order to
avoid drivingwhileimpairedbyfatigueorwhileinbreachofthedriver’s work and rest hours
option.Maximum penalty—45 penalty units.Page
32Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 2 Duties
relating to fatigue[s 31](2)Subsection (1) does not apply if the
consignor or consignee,before making the demand—(a)has complied with section 28;
and(b)is satisfied, after making reasonable
inquiries, that themaking of the demand will not cause a
scheduler for thevehicle to fail to comply with subdivision
2.Subdivision 4Loading
managers31Duty of loading manager to ensure
loading arrangementswill not cause driver to drive while
fatiguedA loading manager must take all reasonable
steps to ensurethe arrangements for loading and unloading
fatigue regulatedheavy vehicles at the premises in relation
to which the personis the loading manager will not cause the
driver of a fatigueregulated heavy vehicle to—(a)drive while impaired by fatigue;
or(b)drive while in breach of the driver’s
work and rest hoursoption; or(c)drive in breach of another law in order to
avoid drivingwhileimpairedbyfatigueorwhileinbreachofthedriver’s work and rest hours
option.Examples of reasonable steps to comply with
this section—•providing for necessary rest to be
taken with adequate facilities•providingforthereportingoftraveldelaysandprovidingamechanism for managing late arrivals•allowing loading and unloading to
happen at an agreed time•having a system
of setting and allocating loading and unloadingtimesthatthedriverofafatigueregulatedheavyvehiclecanreasonably rely on to comply with the
maximum work requirementsand minimum rest requirements applying
to the driverMaximum penalty—45 penalty units.Current as at 1 July 2013Page
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 2 Duties
relating to fatigue[s 32]32Duty
of loading manager to ensure drivers can take restin
particular circumstancesIf a loading manager for goods in a
fatigue regulated heavyvehicle,orapersonactingundertheloadingmanager’ssupervision or control—(a)has
advised the driver of the vehicle, either directly orindirectly,ofwhentheloadingorunloadingofthevehicleistostart,andtheloadingmanagerorpersonbecomes aware
that the loading or unloading will, or islikely to, start
more than 30 minutes late; or(b)has
advised the driver of the vehicle, either directly orindirectly,ofwhentheloadingorunloadingofthevehicle is to finish, and the loading
manager or personbecomes aware that the loading or unloading
will, or islikely to, finish more than 30 minutes late;
or(c)is unable to advise the driver of the
vehicle of when theloading or unloading of the vehicle is to
start; or(d)is unable to advise the driver of the
vehicle of when theloading or unloading of the vehicle is to
finish;the loading manager must take all reasonable
steps to ensurethe driver is able to take rest while
waiting for the vehicle tobe loaded or unloaded.Example of reasonable steps that may be
taken to ensure the driver of afatigue regulated
heavy vehicle is able to take rest—providing a
system of notifying the driver when the driver’s vehicle canbe
loaded or unloaded that does not require the driver to be awake
orunreasonably alertMaximum
penalty—30 penalty units.Page 34Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 2 Duties
relating to fatigue[s 33]Division 5Additional duties of particularpersons for enabling other personsto
comply with duties relating tofatigue33Duty of driver to ensure party in the
chain ofresponsibility has relevant
information(1)This section applies if a party in the
chain of responsibility forafatigueregulatedheavyvehicleasks,forthepurposeofcomplying with the party’s duties under the
Act, the driver ofthe vehicle to give the party any of the
following details in astated way—(a)the
work and rest hours option under which the driver isoperating;(b)themaximumworkrequirementsandminimumrestrequirements applying to the driver under
the work andrest hours option under which the driver is
operating;(c)thedetailsofthedriver’sworktimesandresttimesduring the previous 24 hours.(2)The driver must give the details to
the party in the stated way.(3)For
subsection (1)—(a)the party’s duties include—(i)the duties under this part; and(ii)dutiesorresponsibilitiesforensuringthepersoncanavoidliability,orisnotliable,undersection57B
of the Act; and(b)the way for giving the details may be
only either of thefollowing—(i)showing the party the relevant part of the
driver’swritten or electronic work diary;(ii)anotherwaythatisreasonableinthecircumstances.Current as at 1
July 2013Page 35
Transport Operations (Road Use
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relating to fatigue[s 34](4)Ifthepartyischargedwithanoffenceagainstthispartorsection 57B of the Act in relation to
the driver, the court mayhave regard to the following in
deciding whether things doneoromittedtobedonebythepartyconstitutereasonablesteps—(a)whetherornotthepartymadearequestofthedriverunder this
section;(b)whether or not the driver complied
with the request.Note—For other matters
to which the court must or may have regard, see—(a)sections 57DB to 57F of the Act and
sections 14 and 15 of thisregulation, in relation to an offence
against section 57B of the Act;or(b)sections 9 to 15 of this regulation,
in relation to an offence againstthis part.34Duty of principal loading manager to
ensure supervisingloading manager aware of duties and
responsibilities(1)This section applies if a principal
loading manager for goodsin a fatigue regulated heavy vehicle
assigns another person tobe a supervising loading manager for
goods in the vehicle.(2)Theprincipalloadingmanagermustgivethesupervisingloading manager
written notice of the following—(a)the
supervising loading manager’s duties under this part;(b)that, under section 57B of the Act, if
the driver of thevehicle commits an offence relating to a
contraventionofamaximumworkrequirementorminimumrestrequirementinvolvingthevehicle,thesupervisingloadingmanageristakentohavealsocommittedtheoffence subject to defences under that
section.(3)Iftheprincipalloadingmanagerorsupervisingmanagerischarged with an offence against this
part or section 57B of theAct in relation to the driver of the
vehicle, the court may haveregardtowhetherornottheprincipalloadingmanagercomplied with this section in deciding
whether things done orPage 36Current as at 1
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 2 Duties
relating to fatigue[s 35]omittedtobedonebytheprincipalloadingmanagerorsupervising loading manager constitute
reasonable steps.Note—For other matters
to which the court must or may have regard, see—(a)sections 57DB to 57F of the Act and
sections 14 and 15 of thisregulation, in relation to an offence
against section 57B of the Act;or(b)sections 9 to 15 of this regulation,
in relation to an offence againstthis part.(4)In this section—principal
loading manager, for goods in a fatigue regulatedheavy vehicle, means a loading manager for
the goods withinthe meaning given by the Act, schedule 4,
definitionloadingmanager,
paragraph (a)(i).supervising loading manager,
for goods in a fatigue regulatedheavy vehicle,
means a loading manager for the goods withinthe meaning
given by the Act, schedule 4, definitionloadingmanager, paragraph
(a)(ii).Division 6Particular
requests etc. andcontracts etc. prohibited35Particular requests etc.
prohibitedA person must not ask, direct or require,
directly or indirectly,the driver of a fatigue regulated
heavy vehicle, or a party inthechainofresponsibilityforafatigueregulatedheavyvehicle,todosomethingthepersonknows,orreasonablyought to know,
would have the effect of causing the driver ofthe vehicle
to—(a)drive while impaired by fatigue;
or(b)drive while in breach of the driver’s
work and rest hoursoption; or(c)drive in breach of another law in order to
avoid drivingwhileimpairedbyfatigueorwhileinbreachoftheCurrent as at 1 July 2013Page
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 2 Duties
relating to fatigue[s 36]driver’s work
and rest hours option.Example of a requirement that
contravenes this section—a requirement that the driver complete
a journey in a time the personknows or
reasonably ought to know can not be complied with unless thedriver commits a speeding offence or does
not take all the rest time thedriver is
required to take under this regulationMaximum
penalty—60 penalty units.36Particular
contracts etc. prohibited(1)A person must
not enter into a contract or agreement with thedriver of a
fatigue regulated heavy vehicle or with a party inthechainofresponsibilityforafatigueregulatedheavyvehicle that the
person knows, or reasonably ought to know,would have the
effect of causing the driver of the vehicle to—(a)drive while impaired by fatigue; or(b)drive while in breach of the driver’s
work and rest hoursoption; or(c)drive in breach of another law in order to
avoid drivingwhileimpairedbyfatigueorwhileinbreachofthedriver’s work and rest hours
option.Note—Seealsosection168DoftheActforotherprohibitedcontractsoragreements.Maximum
penalty—60 penalty units.(2)A person must
not enter into a contract or agreement with thedriver of a
fatigue regulated heavy vehicle or with a party inthechainofresponsibilitythatthepersonknows,orreasonablyoughttoknow,wouldencourageorprovideanincentive for a party in the chain of
responsibility to cause thedriver
to—(a)drive while impaired by fatigue;
or(b)drive while in breach of the driver’s
work and rest hoursoption; or(c)drive in breach of another law in order to
avoid drivingPage 38Current as at 1
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Requirements relating to work time and rest time[s
37]whileimpairedbyfatigueorwhileinbreachofthedriver’s work and rest hours
option.Note—Seealsosection168DoftheActforotherprohibitedcontractsoragreements.Maximum
penalty—60 penalty units.Part 3Requirements
relating to worktime and rest timeDivision 1Key
concepts for this partSubdivision 1Concepts
relating to work time andrest time37What
is a driver’swork and rest hours option(1)Theworkandresthoursoptionofadriverofafatigueregulated heavy
vehicle is the maximum work requirementsand minimum rest
requirements applying to the driver underthis
regulation.(2)Thework and rest
hours optionmay be—(a)the
standard work and rest arrangements, which—(i)apply to drivers of fatigue regulated heavy
vehiclesoperatingotherthanunderaBFMaccreditation,AFM
accreditation, work and rest hours exemptionorworkandresthoursalternativecompliancescheme;
and(ii)are known as
‘standard hours’; or(b)the BFM work and
rest arrangements, which—Current as at 1 July 2013Page
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Transport Operations (Road Use
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Requirements relating to work time and rest time[s
38](i)apply to drivers of fatigue regulated
heavy vehiclesoperating under a BFM accreditation;
and(ii)are known as
‘BFM hours’; or(c)the AFM work and rest arrangements,
which—(i)apply to drivers of fatigue regulated
heavy vehiclesoperating under an AFM accreditation;
and(ii)are known as
‘AFM hours’; or(d)the maximum periods of work and
minimum periods ofrestapplyingtodriversoffatigueregulatedheavyvehiclesoperatingunderaworkandresthoursexemption (whether or not granted in
combination withan operator’s BFM accreditation or AFM
accreditation);or(e)the maximum
periods of work and minimum periods ofrestapplyingtodriversoffatigueregulatedheavyvehiclesoperatingunderaworkandresthoursalternative compliance scheme.38What iswork timeFor
the driver of a fatigue regulated heavy vehicle,work
timeisanytimethedriverspendsworkinginrelationtothevehicle.Note—See definitionworkin
schedule 4 of the Act for the meaning of work inrelation to a fatigue regulated heavy
vehicle.39What isrest timeFor
the driver of a fatigue regulated heavy vehicle,rest
timeisany time that is not work time for the
driver.40What is awork and rest
changeAwork and rest changefor
the driver of a fatigue regulatedheavy vehicle
is—Page 40Current as at 1
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Transport Operations (Road Use
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Requirements relating to work time and rest time[s
41](a)a change from work time to rest time;
or(b)a change from rest time to work time;
or(c)a change from being a solo driver to
being a driver whois a party to a two-up driving arrangement;
or(d)a change from being a driver who is a
party to a two-updriving arrangement to being a solo
driver.Subdivision 2Counting
time41Counting periods of less than 15
minutes(1)A period of work time of less than 15
minutes counts as 15minutes work time.Examples for
subsection (1)—•A period of working for 14 minutes
counts as 15 minutes worktime.•A
period of working for 17 minutes counts as 30 minutes worktime.•A
period of working for 53 minutes counts as 1 hour work time.(2)A period of rest time is counted in
blocks of time of no lessthan 15 minutes.Examples for
subsection (2)—•A period of not working for only 14
minutes does not count as resttime, because 14
minutes is less than 15 minutes.•A
period of not working for 17 minutes counts as 15 minutes
resttime, because 17 minutes is more than 15
minutes, but is less than 2lots of 15 minutes (30
minutes).•A period of not working for 53 minutes
counts as 45 minutes resttime, because 53 minutes is more than
3 lots of 15 minutes (45minutes), but is less than 4 lots of
15 minutes (60 minutes).42Time must be
counted after rest time endsWhen counting
time in a period, the time must not be countedfromwithinresttime,butinsteadmustbecountedforwardCurrent as at 1 July 2013Page
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Transport Operations (Road Use
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Requirements relating to work time and rest time[s
43]from—(a)if1ormoremajorrestbreaksarerelevanttotheperiod—the end of a relevant major
rest break; or(b)in any other case—the end of a
relevant period of resttime.Example—An
authorised officer intercepts the driver of a fatigue regulated
heavyvehicle on a Friday and inspects the
driver’s work diary. The driverworks under
standard hours. The officer examines the work diary entriesfor
the previous Monday. The entries show that the driver completed
7continuous hours of stationary rest time at
7a.m. on that day, startedwork at that time, worked until
12.15p.m. that day, had 1 hour of resttime, then worked
until 7.15p.m. that day.For the purposes of deciding the
number of hours worked by the driveron the Monday,
the officer must start counting from the rest period thatfinished at 7a.m. Adding the periods 7a.m.
to 12.15p.m. and 1.15p.m. to7.15p.m. results
in a total of 111/4hours
worked that day.The officer might also decide to calculate
the number of continuoushours worked in the second work period
that day. This requires thecounting to start at the end of the
rest period that finished at 1.15p.m.and results in a
total of 6 continuous hours.43Period must be counted by reference to time
zone ofdriver’s baseIf the driver of
a fatigue regulated heavy vehicle undertakes ajourney and is
in a different time zone from the time zone ofthe driver’s
base at the time when a period of time is relevantfor
the purposes of this regulation, the period must be countedby
reference to the time zone of the driver’s base.Example—If,
for the driver of a fatigue regulated heavy vehicle with a base
inQueensland, it is necessary to work out the
hours of night work timewhile the driver is in Western
Australia on a journey, the hours of nightwork time are the
hours between midnight and 6a.m. in the Queenslandtime
zone (being the time zone in which the driver’s base is
situated),even though the hours equate to 10p.m. and
4a.m. in Western Australia(Eastern Standard Time).Page
42Current as at 1 July 2013
Transport Operations (Road Use
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Requirements relating to work time and rest time[s
44]44Counting time spent within
participating zoneIn applying this part to the driver of a
fatigue regulated heavyvehicle, any time spent by the driver
in another jurisdictionwithin the participating zone must be
treated in the same wayas it would have been treated if the
time had been spent in thisjurisdiction.45Counting time spent outside participating
zone(1)This section applies to the driver of
a fatigue regulated heavyvehicle if the driver drives a fatigue
regulated heavy vehicleintothisjurisdictionfromanotherjurisdictionwithinthenon-participating zone.(2)If, within the last 7 days, the driver
has spent any work timeinside the participating zone, any
time spent by the driver inthe other
jurisdiction within the non-participating zone mustbe
treated in the same way as it would have been treated if thetime
had been spent in this jurisdiction.(3)If,
within the last 7 days, the driver spent work time only inthe
non-participating zone—(a)anytimespentbythedriverintheotherjurisdictionwithin the
non-participating zone before the start of thedriver’slastmajorrestbreakbeforeenteringthisjurisdiction
must be disregarded; and(b)anytimespentbythedriverintheotherjurisdictionwithinthenon-participatingzoneafterthestartofthelast major rest break mentioned in
paragraph (a) mustbe—(i)taken into
account; and(ii)treatedinthesamewayasitwouldhavebeentreatedifthetimehadbeenspentinthisjurisdiction.Current as at 1
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Transport Operations (Road Use
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Requirements relating to work time and rest time[s
46]Division 2Standard work
and restarrangements46Purpose of div 2This division
sets out the maximum work requirements andminimum rest
requirements applying to the driver of a fatigueregulated heavy vehicle if the driver is not
operating under aBFM accreditation, AFM accreditation, work
and rest hoursexemptionorworkandresthoursalternativecompliancescheme
(thestandard hours).47Options about standard hours for solo
driver of a busThesolodriverofabusmayoperateundereither,butnotboth, of the following—(a)the standard hours under section
48;(b)the standard hours under section
49.48Standard hours—solo drivers(1)Schedule 1, table 1 sets out
thestandardhoursforthesolodriver of a fatigue regulated heavy
vehicle.(2)In any period stated in column 1, the
solo driver—(a)mustnotworkformorethantheworktimestatedincolumn 2; and(b)must
have the rest of the period off work, with at leastthe
rest time stated in column 3.Example—If
the solo driver of a fatigue regulated heavy vehicle starts work
atmidday on Monday, after a 2 day break, the
minimum rest times thedriver might have to comply with under
standard hours for the solodriver of a fatigue regulated heavy
vehicle are as follows—•15 continuous
minutes rest time before 5.30p.m.•another 15 continuous minutes rest time
before 8p.m. (making atotal of 30 minutes rest time since
midday)Page 44Current as at 1
July 2013
Transport Operations (Road Use
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Requirements relating to work time and rest time[s
49]•another continuous 30 minutes rest
time before 11p.m. (making atotal of 60
minutes rest time since midday)•another 7 continuous hours rest time before
midday on Tuesday.The driver could do the same hours through
to Saturday, but would haveto take a break from midday Sunday
until midday Monday, that is 24continuous hours
stationary rest time.The driver could continue the same
pattern for a second week, throughuntil the second
Saturday, if the driver has had a night’s rest time (that is7
continuous hours rest time between 10p.m. and 8a.m.) on 4
nights,including 2 consecutive nights, during the
fortnight ending on middayon the second Sunday.This
example assumes that the driver has remained in the same
timezone during the entire period
described.Maximum penalty—(a)for
a minor risk breach—15 penalty units; or(b)for
a substantial risk breach—30 penalty units; or(c)for
a severe risk breach—45 penalty units; or(d)for
a critical risk breach—60 penalty units.(3)Acontraventionofsubsection(2)foranyperiodstatedincolumn 1 is a breach of the risk category
stated in column 4for the circumstances of the
contravention.(4)Inthissection,areferencetoacolumnbynumberisareference to the column of that number
in schedule 1, table 1.(5)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.49Standard
hours—solo drivers of buses(1)Schedule 1, table 2 sets out thestandardhoursforthesolodriver of a bus.(2)In
any period stated in column 1, the solo driver of a bus—Current as at 1 July 2013Page
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 3
Requirements relating to work time and rest time[s
50](a)mustnotworkformorethantheworktimestatedincolumn 2; and(b)must
have the rest of the period off work, with at leastthe
rest time stated in column 3.Maximum
penalty—(a)for a minor risk breach—15 penalty
units; or(b)for a substantial risk breach—30
penalty units; or(c)for a severe risk breach—45 penalty
units; or(d)for a critical risk breach—60 penalty
units.(3)Acontraventionofsubsection(2)foranyperiodstatedincolumn 1 is a breach of the risk category
stated in column 4for the circumstances of the
contravention.(4)Inthissection,areferencetoacolumnbynumberisareference to the column of that number
in schedule 1, table 2.(5)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.50Standard
hours—two-up drivers(1)Schedule 1,
table 3 sets out the standard hours for the driver ofa
fatigue regulated heavy vehicle who is a party to a two-updriving arrangement.(2)In
any period stated in column 1, the driver—(a)mustnotworkformorethantheworktimestatedincolumn 2; and(b)must
have the rest of the period off work, with at leastthe
rest time stated in column 3.Maximum
penalty—(a)for a minor risk breach—15 penalty
units; orPage 46Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 3
Requirements relating to work time and rest time[s
51](b)for a substantial risk breach—30
penalty units; or(c)for a severe risk breach—45 penalty
units; or(d)for a critical risk breach—60 penalty
units.(3)Acontraventionofsubsection(2)foranyperiodstatedincolumn 1 is a breach of the risk category
stated in column 4for the circumstances of the
contravention.(4)Inthissection,areferencetoacolumnbynumberisareference to the column of that number
in schedule 1, table 3.(5)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.51Defence relating
to short rest breaks(1)Thissectionappliesif,ataparticulartime,thedriverofafatigue regulated heavy vehicle is
required, under section 48,49 or 50, to
take a short rest break.Examples of when this section
applies—The driver is required to take 15
continuous minutes rest time because—(a)the
driver has worked for 51/4hours; or(b)thedriverhasworkedfor71/2hoursandhasonlytaken15continuous minutes rest time during
that period; or(c)the driver has worked for 10 hours and
has only taken 3 lots of 15continuous minutes rest time during
that period.(2)For proceedings for an offence against
section 48, 49 or 50relating to the driver failing to take
the short rest break, it is adefence for the
driver to prove that—(a)at the time the
driver was required to take the short restbreak, there was
no suitable rest place; and(b)the
driver took the short rest break—(i)atthenextsuitablerestplaceavailableafterthatCurrent as at 1 July 2013Page
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Transport Operations (Road Use
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Requirements relating to work time and rest time[s
52]time on the forward route of the driver’s
journey;and(ii)no later than 45
minutes after the time the driverwas required to
take the short rest break.Example of when the defence
applies—The driver of a fatigue regulated heavy
vehicle fails to take a short restbreak after
51/4hours
of work time because there was no suitable restplace when the
driver was scheduled to take the short rest break. Instead,the
driver takes a short rest break after 51/2hours work at
another placedown the road.(3)In
this section—short rest breakmeans rest time
of less than 1 hour.Division 3BFM work and
rest arrangements52Purpose of div 3This division
sets out the maximum work requirements andminimum rest
requirements applying to the driver of a fatigueregulated heavy vehicle operating under and
complying with aBFM accreditation (theBFM hours).53BFM hours—solo
drivers(1)Schedule 2, table 1 sets out the BFM
hours for a solo driver ofa fatigue regulated heavy
vehicle.(2)In any period stated in column 1, the
solo driver—(a)mustnotworkformorethantheworktimestatedincolumn 2; and(b)must
have the rest of the period off work, with at leastthe
rest time stated in column 3.Maximum
penalty—(a)for a minor risk breach—15 penalty
units; or(b)for a substantial risk breach—30
penalty units; orPage 48Current as at 1
July 2013
Transport Operations (Road Use
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Requirements relating to work time and rest time[s
54](c)for a severe risk breach—45 penalty
units; or(d)for a critical risk breach—60 penalty
units.(3)Acontraventionofsubsection(2)foranyperiodstatedincolumn 1 is a breach of the risk category
stated in column 4for the circumstances of the
contravention.(4)Inthissection,areferencetoacolumnbynumberisareference to the column of that number
in schedule 2, table 1.(5)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.54Defence for solo
drivers relating to split rest breaks(1)Thissectionappliesif,ataparticulartime,thedriverofafatigue regulated heavy vehicle is
required under section 53 totake 7
continuous hours of stationary rest time in a period of24
hours.(2)For proceedings for an offence against
section 53 relating tothe driver failing to take the 7
continuous hours of stationaryrest time, it is
a defence for the driver to prove that—(a)atthetimethedriverwasrequiredtotakethe7continuous hours of stationary rest
time, the driver wasdriving under BFM hours as a solo
driver of a fatigueregulated heavy vehicle; and(b)during the period of 24 hours for
which the 7 continuoushours of stationary rest time was
required to be taken,the driver took 6 continuous hours of
stationary rest timeand 2 continuous hours of stationary
rest time (asplitrest
break); and(c)the
driver had not taken a split rest break in the previous24
hour period.Current as at 1 July 2013Page
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Requirements relating to work time and rest time[s
55]Example of when the defence applies—The
driver of a fatigue regulated heavy vehicle stops work to take
7continuous hours of stationary rest time,
but can not sleep, so the drivertakes only 2
continuous hours of stationary rest time and then drives onfor a
further 2 hours and takes a further 6 continuous hours of
stationaryrest time at another place down the
road.55BFM hours—two-up drivers(1)Schedule 2, table 2 sets out the BFM
hours for the driver of afatigueregulatedheavyvehiclewhoisapartytoatwo-updriving
arrangement.(2)In any period stated in column 1, the
driver—(a)mustnotworkformorethantheworktimestatedincolumn 2; and(b)must
have the rest of the period off work, with at leastthe
rest time stated in column 3.Maximum
penalty—(a)for a minor risk breach—15 penalty
units; or(b)for a substantial risk breach—30
penalty units; or(c)for a severe risk breach—45 penalty
units; or(d)for a critical risk breach—60 penalty
units.(3)Acontraventionofsubsection(2)foranyperiodstatedincolumn 1 is a breach of the risk category
stated in column 4for the circumstances of the
contravention.(4)Inthissection,areferencetoacolumnbynumberisareference to the column of that number
in schedule 2, table 2.(5)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.Page 50Current as at 1
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56]Division 4AFM hours56AFM hours(1)The
accreditation certificate for an AFM accreditation sets outthemaximumworkrequirementsandminimumrestrequirementsapplyingtothedriverofafatigueregulatedheavyvehicleoperatingunderandcomplyingwiththeaccreditation (theAFM hours).(2)In any period
stated in the AFM accreditation, the driver—(a)must
not work for more than the maximum work timestated in the
AFM hours; and(b)must have at least the minimum rest
time stated in theAFM hours.Maximum
penalty—(a)for a minor risk breach—15 penalty
units; or(b)for a substantial risk breach—30
penalty units; or(c)for a severe risk breach—45 penalty
units; or(d)for a critical risk breach—60 penalty
units.(3)A contravention of subsection (2) for
any period stated in theAFM accreditation and stated in
schedule 3, part 2, table 1,column 1 is a
breach of the risk category stated in schedule 3,part2,table1,column2forthecircumstancesofthecontravention.(4)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.57AFM outer
limits(1)Schedule 3, part 1, table sets out
theAFM outer limitsfor thedriverofafatigueregulatedheavyvehicleoperatingunderCurrent as at 1 July 2013Page
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Requirements relating to work time and rest time[s
57A]AFM hours.(2)In
any period stated in schedule 3, part 1, table, column 1,
thedriver—(a)must
not work for more than the maximum work timestatedinschedule3,part1,table,column2fortheperiod; and(b)musthaveatleasttheminimumresttimestatedinschedule 3, part 1, table, column 3
for the period.Maximum penalty—(a)for
a minor risk breach—15 penalty units; or(b)for
a substantial risk breach—30 penalty units; or(c)for
a severe risk breach—45 penalty units; or(d)for
a critical risk breach—60 penalty units.(3)Acontraventionofsubsection(2)foranyperiodstatedinschedule 3, part 2, table 2, column 1 is a
breach of the riskcategory stated in schedule 3, part 2, table
2, column 2 for thecircumstances of the contravention.(4)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.Division 4AExemptions57AWork
and rest hour exemptions(1)Agazettenoticeforaclass
workandresthoursexemptiongranted under
section 154 or an exemption notice for a workand rest hours
exemption granted under section 157 sets outthe maximum work
time and minimum rest time applying tothedriverofafatigueregulatedheavyvehicleoperatingunder, and
complying with, the exemption.Page 52Current as at 1 July 2013
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Requirements relating to work time and rest time[s
58](2)In any period specified in a work and
rest hours exemption, adriver—(a)must
not work for more than the maximum work timespecified in the
exemption; and(b)must have at least the minimum rest
time specified inthe exemption.Maximum
penalty—(a)for a minor risk breach—15 penalty
units; or(b)for a substantial risk breach—30
penalty units; or(c)for a severe risk breach—45 penalty
units; or(d)for a critical risk breach—60 penalty
units.(3)A contravention of subsection (2) for
any period stated in theworkandresthoursexemptionandstatedinschedule3A,table,column1isabreachoftheriskcategorystatedinschedule3A,table,column2forthecircumstancesofthecontravention.(4)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.Division 5Changing work
and rest hoursoption58Driver may change work and rest hours
option(1)Thedriverofafatigueregulatedheavyvehiclemaydriveunder only 1
work and rest hours option at any 1 time.(2)However, the driver of a fatigue regulated
heavy vehicle maychange from 1 work and rest hours option to
a different workand rest hours option.Current as at 1
July 2013Page 53
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 3
Requirements relating to work time and rest time[s
59]59Driving under new work and rest hours
option afterchange(1)The
driver of a fatigue regulated heavy vehicle must not drivethe
vehicle after changing from 1 work and rest hours optionto a
different work and rest hours option unless—(a)ifthechangeisfromstandardhoursorBFMhours,either the
driver—(i)isincompliancewithallthemaximumworkrequirementsandminimumrestrequirementsunder the work
and rest hours option to which thedriver has
changed; or(ii)has had a reset
rest break; andExamples for paragraph (a)—1If the driver of
a fatigue regulated heavy vehicle is changingfrom BFM hours to
standard hours and the minimum restrequirementsapplyingunderstandardhoursrequiresthedriver to have longer rest time than
is required under BFMhours,thedrivermaystartdrivingunderstandardhoursonly if the
driver has had the longer rest time or a reset restbreak.2If
the driver of a fatigue regulated heavy vehicle is changingfrom
BFM hours to standard hours and the minimum restrequirementsapplyingunderstandardhoursrequiresthedriver to take rest time earlier than
is required under BFMhours,thedrivermaystartdrivingunderstandardhoursonly if the
driver has had the earlier rest time or a reset restbreak.(b)if
the change is from AFM hours, a work and rest hoursexemptionoraworkandresthoursalternativecompliance
scheme, the driver has had a reset rest break;and(c)thedrivercomplieswithallotherrequirementsoftheworkandresthoursoptiontowhichthedriverhaschanged.Example of other
requirements for paragraph (c)—If
the driver is changing to BFM hours or AFM hours, the drivermustbeinductedintotherelevantoperator’sBFMorAFMfatigue
management system.Page 54Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 60]Maximum penalty—30 penalty units.(2)Ifthedriverofafatigueregulatedheavyvehiclehashadareset rest break between changing from 1
work and rest hoursoption to a different work and rest hours
option, the period towhichthenewworkandresthoursoptionappliesmustbecounted forward from the end of the reset
rest break.(3)Inaproceedingforanoffenceagainstsubsection(1),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.(4)In this
section—resetrestbreakmeansaperiodofresttimeofatleast48hours continuous rest.Part
4Requirements about recordkeepingDivision 1Key
concepts for this part60What is200km
workand200+km work(1)The
driver of a fatigue regulated heavy vehicle is engaged in200km workif the driver is
driving in an area with a radius of200km or less
from the driver’s base.(2)The driver of a
fatigue regulated heavy vehicle is engaged in200+km
workif the driver is driving in an area with a
radiusof more than 200km from the driver’s
base.61What is a driver’sbasein
particular circumstances(1)This section
applies if—Current as at 1 July 2013Page
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 62](a)under schedule 4 of the Act,
definitionbase,
paragraph(a)(ii), the base of the driver of a fatigue
regulated heavyvehicle is the vehicle’s garage address;
and(b)under schedule 4 of the Act,
definitiongarage address,paragraph(b)(ii),thevehiclehasmorethan1garageaddressbecausethevehiclehas2ormoreregisteredoperators.(2)For
this regulation, thebaseof the driver is
the home addressof the vehicle’s registered operator whose
name is listed firston the registration certificate for
the vehicle’s registration.62Who is a
driver’srecord keeperThe following
person is therecord keeperfor the driver
of afatigue regulated heavy vehicle—(a)if the driver is operating under a BFM
accreditation orAFMaccreditationofanoperatorofthevehicleoraworkandresthoursexemptionthatwasgrantedincombinationwithanoperator’sBFMaccreditationorAFM
accreditation—the operator;(b)otherwise—(i)for
an employed driver of a fatigue regulated heavyvehicle—the
driver’s employer; or(ii)foraself-employeddriverofafatigueregulatedheavy
vehicle—the driver.63Person engaged to undertake particular
functions mustbe notified of offences(1)Thissectionappliesiftherecordkeeperforthedriverofafatigue
regulated heavy vehicle engages or proposes to engageanother person to carry out, for the record
keeper, any of thefollowingfunctionsoftherecordkeeperunderthisregulation—(a)a
function under any of the following provisions—(i)section 85(2);Page 56Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 64](ii)section
86(2);(iii)section
87(2);(iv)section
96(1);(v)section 97(1) or (2);(vi)section 98(1),
(2) or (3);(vii) section 99(4);(viii) section
100(3);(ix)section
101(2);(b)thefunctionofoperatingormaintaininganelectronicwork diary used
or to be used by the driver.(2)The
record keeper must, before or when the other person isengaged,givetheotherpersonwrittennotificationofthefollowing—(a)the
carrying out of the function is subject to a provisionof
this regulation that creates an offence;(b)that
if the engaged person carries out the function, theengagedpersonisliableforanoffenceagainsttheprovision;(c)the
provision that creates the offence and the maximumpenalty for the offence.Maximum
penalty—60 penalty units.(3)The written
notification required under subsection (2) may beincluded in the written agreement setting
out the terms of theengagement.64Person engaged to operate or maintain
electronic workdiary must have appropriate systems and
procedures(1)The record keeper for the driver of a
fatigue regulated heavyvehicle must not engage another person
to operate or maintainanelectronicworkdiaryusedortobeusedbythedriverunlesstherecordkeeperissatisfiedtheotherpersonhasappropriate systems and procedures for
ensuring—Current as at 1 July 2013Page
57
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 65](a)the person can comply with sections 92
and 93; and(b)theelectronicworkdiarycannotbetamperedwithwhile the work
diary is being operated or maintained bythe other
person.Maximum penalty—60 penalty units.(2)Inaproceedingforanoffenceagainstsubsection(1),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.65What is a
driver’srecord locationTherecord locationof the driver of
a fatigue regulated heavyvehicle is—(a)if
the driver’s record keeper has advised the driver of theplacethatisthedriver’srecordlocation—theplaceadvised; or(b)otherwise—the driver’s base.Division 2Work diary
requirementsSubdivision 1Requirement to
carry work diary66Application of sdiv 1Thissubdivisionappliesifthedriverofafatigueregulatedheavy
vehicle—(a)is engaged in 200+km work; or(b)was engaged in 200+km work in the last
28 days; or(c)is driving under BFM hours or AFM
hours; or(d)was driving under BFM hours or AFM
hours in the last28 days; orPage 58Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 67](e)isdrivingunderaworkandresthoursexemption(whetherornotgrantedincombinationwithanoperator’s BFM accreditation or AFM
accreditation); or(f)wasdrivingunderaworkandresthoursexemption(whetherornotgrantedincombinationwithanoperator’s BFM accreditation or AFM
accreditation) inthe last 28 days.67Meaning ofwork diaryfor
sdiv 1(1)In this subdivision, a reference to
awork diaryin relation
tothe driver of a fatigue regulated heavy
vehicle is a reference tothe following—(a)ifthedriverhasusedonly1ormorewrittenworkdiaries in the last 28 days—(i)the written work diary the driver is
currently using;and(ii)any filled up
written work diary the driver has usedduring the last
28 days;(b)if the driver has used only an
electronic work diary inthe last 28 days—(i)theelectronicworkdiarythedriveriscurrentlyusing;
and(ii)printouts of the
information no longer stored in theelectronic work
diary the driver is currently usingand relating to
any period during the last 28 days;and(iii)printouts of the
information in any other electronicwork diary the
driver has used in the last 28 daysthat relates to
any period during the last 28 daysand is not
recorded in the electronic work diary thedriver is
currently using;(c)if the driver has used a combination
of a written workdiary and an electronic work diary in the
last 28 days—(i)thewrittenworkdiary,orelectronicworkdiary,Current as at 1
July 2013Page 59
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 68]the
driver is currently using; and(ii)each
written work diary the driver has used duringthe last 28
days; and(iii)printouts of the
information no longer stored in theelectronic work
diary the driver is currently usingand relating to
any period during the last 28 days;and(iv)printouts of the
information in any other electronicwork diary the
driver has used in the last 28 daysthat relates to
any period during the last 28 daysand is not
recorded in the electronic work diary thedriver is
currently using.(2)If the driver has made a supplementary
record in the last 28days—(a)a
reference in this subdivision to the driver’s work diaryistakentoincludeareferencetothesupplementaryrecord;
and(b)for this subdivision, the
supplementary record is takento be a part of
the work diary.68Driver of fatigue regulated heavy
vehicle must carry workdiary(1)The
driver of a fatigue regulated heavy vehicle must—(a)keep a driver’s work diary; and(b)ensure that—(i)thedriver’sworkdiaryrecordstheinformationrequired to be
recorded under subdivision 2 for theprescribed
period; and(ii)the driver’s
work diary is kept in the vehicle whilethe driver is
driving the vehicle.Notes—1Fortherequirementtorecordparticularinformationinasupplementary record if the work diary
of the driver of a fatiguePage 60Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 69]regulated heavy vehicle is filled up,
destroyed, lost, stolen or, for anelectronic diary,
is malfunctioning, see section 80.2Under
section 49 of the Act, an authorised officer may require thedriver of a fatigue regulated heavy vehicle
to produce for inspectionthe driver’s work diary.Maximum penalty—60 penalty units.(2)Subsection (1) applies irrespective of
the number of days intheprescribedperiodonwhichthedriverspentworkinginrelation to a fatigue regulated heavy
vehicle.(3)It is a defence to an offence against
subsection (1) relating tothe driver failing to keep a work
diary containing particularinformation if
the driver proves—(a)the information was recorded in a work
diary that, at thetime of the offence, has been destroyed,
lost or stolen; or(b)the information was—(i)recorded in an electronic work diary;
and(ii)destroyed or
lost as a result of a malfunction of theelectronic work
diary before the information wasgiven to a
record keeper or recorded in any otherway.(4)In this section—prescribedperiodmeansadayonwhichthedriverofafatigue regulated heavy vehicle is
driving the vehicle and theprevious 28
days.Subdivision 2Information
required to be includedin work diary69Purpose of sdiv 2This subdivision
states the information the driver of a fatigueregulated heavy
vehicle must record in the driver’s written orelectronic work
diary for each day on which the driver—(a)engages in 200+km work; orCurrent as at 1 July 2013Page
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 70](b)works under BFM hours or AFM hours;
or(c)works under a work and rest hours
exemption.70How information requirements apply to
a day(1)In this subdivision, the requirement
to record information fora day continues to apply for each
period of work time and resttime the driver
has on that day.(2)However,ifthedriverstopsworkingonadayandstartsamajor rest break that will continue until
the end of the day, thedriver may stop recording information
for the day when thedriver stops working and starts the
major rest break.71Information to be recorded immediately
after startingwork(1)Immediatelyafterstartingworkonaday,thedrivermustrecord—(a)the
day of the week and date; and(b)the
driver’s name; and(c)thedriver’scurrentdriverlicencenumber,andthejurisdiction in
which the licence was issued; and(d)whether the driver is working under—(i)standardhours(includingwhetherthedriverisworking under standard hours for solo
drivers of abus); or(ii)BFM
hours; or(iii)AFM hours;
or(iv)a work and rest
hours exemption; and(e)if the driver is
working under BFM hours or the hoursspecified in a
work and rest hours exemption that wasgrantedincombinationwithanoperator’sBFMaccreditation—theaccreditationnumberfortheBFMaccreditation of the operator of the
vehicle; andPage 62Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 71](f)if the driver is working under AFM
hours or the hoursspecified in a work and rest hours exemption
that wasgrantedincombinationwithanoperator’sAFMaccreditation—theaccreditationnumberfortheAFMaccreditation of the operator of the
vehicle; and(g)theaddressofthedriver’sbase,unlessthedriverhaspreviously recorded the address in relation
to the workand it is still current; and(h)theaddressofthedriver’srecordlocation,unlessthedriver has previously recorded the address
and it is stillcurrent; and(i)the
time zone of the driver’s base.Maximum
penalty—60 penalty units.(2)For proceedings
for an offence against this section relating tothe driver of a
fatigue regulated heavy vehicle failing to recordinformation before starting to engage in
200+km work on aday, it is a defence for the driver to prove
that at the time ofthe offence—(a)thedriverwasunawarethatthedriverwouldbeengaging in 200+km work on the day;
and(b)thedriverrecordedtheinformationinthedriver’swritten or
electronic work diary as soon as practicableafter becoming
aware that the driver would be engagingin 200+km work
on the day.(3)In this section—accreditation
number, for a BFM accreditation, means—(a)forabusaccreditationrecognised(inwhateverway)underacorrespondingfatiguelawasaBFMaccreditation under the law—the number
identifying thebusaccreditationforthepurposesofthelawunderwhich the bus accreditation was granted;
or(b)for another BFM accreditation—the
number identifyingthe accreditation given to the holder of the
accreditationunder section 137 or a corresponding fatigue
law.Current as at 1 July 2013Page
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 72]accreditation number, for an AFM
accreditation, means thenumber identifying the accreditation
given to the holder of theaccreditationundersection146oracorrespondingfatiguelaw.72Information to be
recorded immediately before or afterwork and rest
change(1)Immediately before or after each work
and rest change on aday, the driver must record—(a)the nature of the work and rest
change; and(b)the work time or rest time spent
anywhere by the driversince the last work and rest change;
and(c)the time and place of the work and
rest change; and(d)the odometer reading at the time of
the work and restchange; and(e)the
registration number for each fatigue regulated heavyvehicle that the driver drives; and(f)if the driver is or becomes a party to
a two-up drivingarrangementontheday—thefollowinginformationabouttheotherdriverinthetwo-updrivingarrangement—(i)the
other driver’s name;(ii)the other
driver’s driver licence number;(iii)unlessthedriverisrecordinginformationinanelectronicworkdiarythedrivershareswiththeotherdriver,thesecurityorotheridentifyingnumberoftheotherdriver’sworkdiaryandthenameoftheparticipatingjurisdictionthatissuedthe work
diary.Maximum penalty—60 penalty units.(2)It is a defence for an offence against
subsection (1)(d) for thedriver to prove that—Page
64Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 73](a)atthetimeoftheoffence,theodometerwasmalfunctioning; and(b)the
driver has complied with section 89.73Information to be recorded immediately after
change ofbase or record location(1)Immediately after any change of the driver’s
base or recordlocation, the driver must record—(a)for a change of the driver’s
base—(i)the address of the new base;
and(ii)the time zone of
the new base; or(b)for a change of the driver’s record
location—the addressof the new record location.Maximum penalty—60 penalty units.(2)Subsection (1) does not require the
driver to record the changeof the driver’s
base or record location if, before the change,the driver was
not—(a)engaging in 200+km work; or(b)working under BFM hours or AFM hours;
or(c)working under a work and rest hours
exemption.74Information to be recorded immediately
before finishingworkImmediately
before finishing work on a day, the driver mustrecord the total
of the work time and the total of the rest timethe driver had
that day.Maximum penalty—60 penalty units.Current as at 1 July 2013Page
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Transport Operations (Road Use
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Requirements about record keeping[s 75]Subdivision 3How information
must be recordedin work diary75Purpose of sdiv 3This subdivision
states how the driver of a fatigue regulatedheavyvehiclemustrecordinformationinthedriver’sworkdiary.76Recording information in written work
diary(1)If the driver’s work diary is a
written work diary, the drivermustrecordinformationintheworkdiaryinthefollowingway—(a)theinformationforeachdaymustbewrittenonaseparate daily sheet in a work diary
that has not beencancelled under this regulation;(b)if, on a day, the driver changes the
work and rest hoursoptionunderwhichthedriverisworking,theinformationforthepartofthedaythatisafterthechangemustbewrittenonaseparatedailysheetinaworkdiarythathasnotbeencancelledunderthisregulation;(c)if,
on a day, the driver’s base changes, the informationfor
the part of the day that is after the change must bewritten on a separate daily sheet in a work
diary that hasnot been cancelled under this
regulation;(d)if, on a day, the driver changes the
employer for whichthe driver is working, the information for
the part of theday that is after the change must be written
on a separatedaily sheet in a work diary that has not
been cancelledunder this regulation;(e)information must be written on a daily sheet
in the waystated in the instructions in the work diary
for recordinginformation on daily sheets;(f)the daily sheets in the work diary
must be used in turnPage 66Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 77]from
the front of the work diary;(g)each
daily sheet must—(i)be signed and dated by the driver;
and(ii)ifthedriverisdrivingunderatwo-updrivingarrangement—signed by the other driver who
is aparty to the arrangement;(h)informationmustbewrittenonadailysheetwithenoughpressuretoensureareadablerecordoftheinformation
appears on the duplicate daily sheets;(i)information recorded other than on a daily
sheet must bewrittenintheworkdiaryinthewaystatedintheinstructions in the work diary for the
recording of theinformation.Maximum
penalty—20 penalty units.(2)If 2 or more
changes mentioned in subsection (1)(b), (c) or (d)happen at the same time for the
driver—(a)therequirementsundersubsection(1)(b),(c)or(d)applying to the changes are taken to be 1
requirementthat the driver record the information for
the part of theday that is after the changes on a separate
daily sheet;and(b)the driver is
required to change to a new daily sheet onlyonce for the
changes.Example for subsection (2)—If, on a day, the driver changes the
employer for which the driver isworking and at
the same time the driver’s base and the work and resthours
option under which the driver is working changes,
subsections(1)(b), (c) and (d) amount to 1 requirement
that the driver record theinformation after the changes on a
separate daily sheet and requires thedriver to change
to a new daily sheet only once.77Recording information in electronic work
diaryIfthedriver’sworkdiaryisanelectronicworkdiary,thedrivermustrecordinformationintheworkdiaryinawaycomplying with—Current as at 1
July 2013Page 67
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 78](a)any conditions applying under this
regulation in relationtothewayinformationmustberecordedintheelectronic recording system
constituting the work diary;and(b)themanufacturer’sinstructionsforrecordinginformationintheelectronicrecordingsystemconstituting the
work diary, to the extent the instructionsareconsistentwiththeconditionsmentionedinparagraph (a).Note—The chief executive may impose
conditions on the use of an electronicrecording system
under section 119 or 130.Maximum penalty—20 penalty
units.78Time zone of driver’s base must be
usedThedrivermustrecordtimeinthedriver’sworkdiaryaccording to the time zone in the place
where the driver’s baseis, rather than the time zone in the
place where the driver is.Note—See
also section 43.Maximum penalty—20 penalty units.Subdivision 4Requirements
about work diariesthat are filled up etc.79Application of sdiv 4This subdivision
applies if—(a)a written work diary of the driver of
a fatigue regulatedheavyvehiclehasbeenfilledup,destroyed,lostorstolen; or(b)anelectronicworkdiaryofthedriverofafatigueregulated heavy
vehicle—Page 68Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 80](i)has been filled up, destroyed, lost or
stolen; or(ii)is
malfunctioning.80Driver must make supplementary records
in particularcircumstances(1)Duringanyperiodinwhichthedriverisunabletousethedriver’sworkdiary(theexistingworkdiary)becauseofcircumstancesmentionedinsection79(a)or(b),thedrivermustrecordinasupplementaryrecordtheinformationthedriver is required under subdivision 2 to
record for the period(therequired
information).Note—Under
subdivision 1, the driver of a fatigue regulated heavy
vehiclemust keep a supplementary record for 28 days
after it is made (seesection 67(2) and section 68).Also,
under section 98, the driver’s record keeper must keep the
recordfor at least 3 years after it is received by
the record keeper.(2)Therequiredinformationmustberecordedinthesupplementaryrecordinawaycomplyingwiththerequirementsofsubdivision3tothegreatestpracticableextent.Examples for subsection (2)—•For complying
with section 76(1)(a) for a supplementary record ina
similar form to a written work diary, a separate page of the
recordmust be used for each day information is
recorded in the record.•Forcomplyingwithsection78,anytimerecordedinthesupplementary
record must be recorded according to the time zonein
the place where the driver’s base is.(3)Subsections (1) and (2) cease to apply when
the first of thefollowing happens—(a)the
driver is issued a new written work diary, or a newelectronic work diary that is in working
order;(b)if the existing work diary is an
electronic work diary thatisfilledup—theworkdiaryismadecapableofrecording new information;Current as at 1 July 2013Page
69
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 81](c)if the existing work diary is an
electronic work diary thatismalfunctioning—theworkdiaryisbroughtintoworking order;(d)the
expiry of 7 business days after the day on which thedriver starts recording information under
this section.Note—If subsection (1)
ceases to apply, the driver must, under subdivision 2,record the required information in a written
or electronic work diary.(4)In this
section—supplementary recordmeans a record
that—(a)is not made in a written or electronic
work diary; but(b)is in a similar form to a written or
electronic work diary.81Driver must
notify chief executive if work diary filled upetc.(1)Within 2 business days after the
driver becomes aware that thedriver’swrittenor
electronicworkdiaryhasbeenfilledup,destroyed,lostorstolen,thedrivermustgivethechiefexecutivewrittennotice,intheapprovedform,ofthathappening.Maximum
penalty—40 penalty units.(2)Inaproceedingforanoffenceagainstsubsection(1),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.82What driver must
do if lost or stolen written work diaryfound or
returned(1)If a lost or stolen written work diary
(theold work diary) isfound by or returned to the driver after a
replacement workdiaryhasbeenissuedtothedriver,thedrivermustdothefollowing—Page 70Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 83](a)immediately cancel any unused daily
sheets in the oldwork diary;(b)if
the old work diary is found or returned within 28 daysafter it was lost or stolen—(i)immediatelynotifythechiefexecutiveinwritingthat it has been
found or returned; and(ii)give it to the
chief executive within 2 business daysafter the 28 day
period ends;(c)if the old work diary is found or
returned later than 28daysafteritwaslostorstolen—giveittothechiefexecutiveassoonaspracticableafteritisfoundorreturned.Maximum
penalty—40 penalty units.(2)If a driver
gives a previously lost or stolen written work diaryto
the chief executive under subsection (1), the chief
executivemust—(a)ifthedriverhasnotcompliedwithsubsection(1)(a),cancel any unused daily sheets in the work
diary; and(b)return the work diary to the
driver.(3)Inaproceedingforanoffenceagainstsubsection(1),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.83Driver must
notify record keeper if electronic work diaryfilled up
etc.(1)Ifthedriverofafatigueregulatedheavyvehiclebecomesaware that the
driver’s electronic work diary has been filledup, destroyed,
lost or stolen, or becomes aware or reasonablysuspectsthatthedriver’selectronicworkdiaryismalfunctioning,thedrivermustinformthedriver’srecordkeeper of the matter within 2 business
days.Current as at 1 July 2013Page
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 84]Maximum penalty—40 penalty units.(2)Inaproceedingforanoffenceagainstsubsection(1),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.84IAP reporting
entity must notify record keeper ifelectronic work
diary malfunctioning(1)This section
applies if—(a)theelectronicworkdiaryofthedriverofafatigueregulatedheavyvehicleincludesorformspartofanapproved
intelligent transport system; and(b)anIAPreportingentityfortheapprovedintelligenttransport system
becomes aware or reasonably suspectsthat the
electronic work diary is malfunctioning.(2)TheIAPreportingentitymustinformthedriver’srecordkeeperofthemalfunctioningorsuspectedmalfunctioningwithin 2
business days.Maximum penalty—40 penalty units.(3)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.85What record
keeper must do if electronic work diary filledup(1)This section applies if—(a)the driver of a fatigue regulated
heavy vehicle uses anelectronicworkdiarysuppliedtothedriverbythedriver’s record
keeper; andPage 72Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 85](b)the record keeper is informed, under
section 83, that thedriver’s electronic work diary has
been filled up.(2)Therecordkeepermust,assoonasreasonablypracticableafter being
informed of the matter—(a)either—(i)maketheelectronicworkdiarycapableofrecording new information; or(ii)issue the driver
with a new electronic work diarythat is in
working order; and(b)if the record keeper removes any
records relating to thelast 28 days from the work diary to
make it capable ofrecording new information—give the driver a
printout ofthe removed records.Maximum
penalty—40 penalty units.(3)Iftherecordkeeperhasengagedanotherpersontocomplywith subsection
(2) for the record keeper—(a)the record
keeper remains liable for an offence againstsubsection (2);
and(b)theotherpersonisalsoliableforanoffenceagainstsubsection(2)asiftheotherpersonwastherecordkeeper mentioned in the subsection.Note—Under section 63,
a record keeper who engages another person to carryout
the record keeper’s function under subsection (2) must give
theengaged person written notification of the
engaged person’s liabilityunder this subsection.(4)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.Current as at 1 July 2013Page
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 86]86What record keeper must do if
electronic work diarydestroyed, lost or stolen(1)This section applies if—(a)the driver of a fatigue regulated
heavy vehicle uses anelectronicworkdiarysuppliedtothedriverbythedriver’s record
keeper; and(b)the record keeper is informed, under
section 83, that thedriver’s electronic work diary has
been destroyed, lost orstolen.(2)Therecordkeepermust,assoonasreasonablypracticableafter being
informed of the matter—(a)issue the driver
a new electronic work diary that is inworking order;
and(b)give the driver a printout of any
information that was inthe destroyed, lost or stolen
electronic work diary thathas been given to the record keeper
and relates to thelast 28 days.Maximum
penalty—40 penalty units.(3)Iftherecordkeeperhasengagedanotherpersontocomplywith subsection
(2) for the record keeper—(a)the record
keeper remains liable for an offence againstsubsection (2);
and(b)theotherpersonisalsoliableforanoffenceagainstsubsection(2)asiftheotherpersonwastherecordkeeper mentioned in the subsection.Note—Under section 63,
a record keeper who engages another person to carryout
the record keeper’s function under subsection (2) must give
theengaged person written notification of the
engaged person’s liabilityunder this subsection.(4)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Page 74Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 87]Note—See part 1,
division 3 for the reasonable steps defence.87What
record keeper must do if electronic work diarymalfunctioning(1)This
section applies if—(a)the driver of a fatigue regulated
heavy vehicle uses anelectronicworkdiarysuppliedtothedriverbythedriver’s record
keeper; and(b)the record keeper is informed, under
section 83 or 84, ofmalfunctioningorsuspectedmalfunctioningofthedriver’s electronic work diary.(2)Therecordkeepermust,assoonasreasonablypracticableafter being
informed of the matter—(a)either—(i)ensure the electronic work diary is
examined andbrought into working order; or(ii)issue the driver
with a new electronic work diary;and(b)give the driver a printout of any
information that was intheelectronicworkdiarythathasbeengiventotherecord keeper
and relates to the last 28 days.Maximum
penalty—40 penalty units.(3)Iftherecordkeeperhasengagedanotherpersontocomplywith subsection
(2) for the record keeper—(a)the record
keeper remains liable for an offence againstsubsection (2);
and(b)theotherpersonisalsoliableforanoffenceagainstsubsection(2)asiftheotherpersonwastherecordkeeper mentioned in the subsection.Note—Under section 63,
a record keeper who engages another person to carryout
the record keeper’s function under subsection (2) must give
theCurrent as at 1 July 2013Page
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Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 88]engaged person written notification of the
engaged person’s liabilityunder this subsection.(4)Subsection (3) does not apply if the
other person is engagedonly to repair or otherwise bring the
electronic work diary intoworking order.Example for
subsection (4)—a person in the business of repairing
electronic recording systems isengagedtorepairorotherwisebringtheelectronicworkdiaryintoworking order on behalf of the record
keeper(5)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.Subdivision 5Requirements
about odometers88Owner must maintain odometer(1)The owner of a fatigue regulated heavy
vehicle must maintainan odometer fitted to the vehicle in a
way complying with theVehicleStandard(AustralianDesignRule18/03—Instrumentation) 2006(Cwlth).Maximum
penalty—40 penalty units.(2)Inaproceedingforanoffenceagainstsubsection(1),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.89Driver must
report malfunctioning odometer(1)This
section applies if the driver of a fatigue regulated heavyvehiclebecomesawareorreasonablysuspectsthatanodometer fitted to the vehicle is
malfunctioning.Page 76Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 90](2)Thedrivermustinformthefollowingpersonsofthemalfunctioning
or suspected malfunctioning within 2 businessdays—(a)each owner of the vehicle;(b)ifthedriverisanemployeddriver—thedriver’semployer;(c)each
operator of the vehicle.Maximum penalty—40 penalty
units.(3)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.90What owner must
do if odometer malfunctioning(1)This
section applies if the owner of a fatigue regulated heavyvehicleisinformedundersection89ofmalfunctioningorsuspected malfunctioning of the vehicle’s
odometer.(2)The owner must, as soon as reasonably
practicable after beinginformed of the matter, ensure the
odometer is examined andeither brought it into working order
or replaced with a newodometer.Maximum
penalty—40 penalty units.(3)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.91What employer or
operator must do if odometermalfunctioning(1)This
section applies if an employer of the driver of a fatigueregulated heavy vehicle or an operator of a
fatigue regulatedCurrent as at 1 July 2013Page
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Requirements about record keeping[s 92]heavy vehicle is informed under section 89
of malfunctioningor suspected malfunctioning of the vehicle’s
odometer.(2)The employer or operator must not
drive, or permit anotherperson to drive, the vehicle unless
the owner of the vehicle hascomplied with
section 90.Maximum penalty—40 penalty units.(3)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.Subdivision 6Operation and
maintenance ofelectronic work diaries92How
electronic work diary must be operated andmaintained(1)A person who operates or maintains an
electronic work diarymustoperateormaintaintheworkdiaryinawaythatcomplies
with—(a)any conditions applying under this
regulation in relationtotheoperationandmaintenanceoftheelectronicrecording system
constituting the work diary; and(b)themanufacturer’sspecificationsfortheelectronicrecordingsystemconstitutingtheworkdiary,totheextentthespecificationsareconsistentwiththeconditions mentioned in paragraph
(a).Note—The chief
executive may impose conditions on the use of an electronicrecording system under section 119 or
130.Maximum penalty—60 penalty units.(2)Subsection(1)(a)doesnotapplyinrelationtonon-compliancewithaparticularspecificationofthePage 78Current as at 1
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Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 93]manufacturer if—(a)thespecificationwasnotintegraltotheeffectiveoperation of the
electronic recording system; or(b)whatwasdoneornotdoneinrelationtothespecification was in accordance with
industry practice inrelation to the handling or
maintenance of an electronicrecording system
of that type from that manufacturer.93Person who operates or maintains electronic
work diarymust ensure driver’s compliance with s
92(1)A person who operates or maintains an
electronic work diarymust not permit the driver of a
fatigue regulated heavy vehiclewho uses the
work diary to fail to comply with section 92.Maximum
penalty—60 penalty units.(2)Inaproceedingforanoffenceagainstsubsection(1),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.94Record keeper
must ensure other person’s compliancewith s 92(1)Arecordkeeperforthedriverofafatigueregulatedheavyvehicle who uses
an electronic work diary must not permit thedriver to fail
to comply with section 92.Maximum penalty—60 penalty
units.(2)If a record keeper for the driver of a
fatigue regulated heavyvehiclewhousesanelectronicworkdiaryhasengagedanotherpersontooperateormaintaintheelectronicworkdiary for the record keeper, the record
keeper must not permitthe other person to fail to comply
with section 92.Maximum penalty—60 penalty units.(3)In a proceeding for an offence against
subsection (1) or (2),Current as at 1 July 2013Page
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 95]thepersonchargedhasthebenefitofthereasonablestepsdefence for the offence.Note—See part 1, division 3 for the
reasonable steps defence.Division 3Records relating
to drivers95Application of div 3This
division—(a)applies in relation to each record
keeper for the driver ofa fatigue regulated heavy vehicle;
and(b)if there is more than 1 record keeper
for the driver of afatigueregulatedheavyvehicle—appliesonlytotheextentthedriveriscarryingoutworkinrelationtowhich the record keeper is a record keeper
for the driver.Example for paragraph (b)—ThedriverofafatigueregulatedheavyvehicleworksforemployerAandemployerB.A’sobligationstorecordinformationunderthisdivisionapplyonlytotheextenttheinformation is about the work the driver
carries out for A. Undersection 96 or 97, A need only record
the registration numbers ofthefatigueregulatedheavyvehiclesthedriverdrivesforcarrying out work for A and the work
times and rest times of thedriver while carrying out that work. A
does not need to recordthe registration numbers for the
fatigue regulated heavy vehiclesthe driver drives
for carrying out work for B or the work timesand rest times of
the driver while carrying out that work.96Records record keeper must have if driver
engaging in200km work under standard hours(1)If the driver of a fatigue regulated
heavy vehicle is engaging in200km work under
standard hours, the driver’s record keepermust—(a)recordthefollowinginformationassoonaspossibleafter receiving
it—Page 80Current as at 1
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Transport Operations (Road Use
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Requirements about record keeping[s 96](i)thedriver’sname,driverlicencenumberandcontact details;(ii)thedatesonwhichthedriverdrivesafatigueregulated heavy
vehicle on a road;(iii)the registration
number for each fatigue regulatedheavy vehicle
that the driver drives;(iv)the total of the
driver’s work times and rest timesoneachdayon
which the driverdrivesafatigueregulated heavy
vehicle;(v)the total of the driver’s work times
and rest timesforeachweekduringwhichthedriverdrivesafatigue regulated heavy
vehicle;(vi)thedriver’srostersandtripschedules,includingdetails of driver changeovers; and(b)keep a copy of payment records
relating to the driver,includingtimesheetrecordsifthedriverispaidaccording to
time at work.Maximum penalty—20 penalty units.(2)Iftherecordkeeperhasengagedanotherpersontocomplywith subsection
(1) for the record keeper—(a)the record
keeper remains liable for an offence againstsubsection (1);
and(b)theotherpersonisalsoliableforanoffenceagainstsubsection(1)asiftheotherpersonwastherecordkeeper mentioned in the subsection.Note—Under section 63,
a record keeper who engages another person to carryout
the record keeper’s function under subsection (1) must give
theengaged person written notification of the
engaged person’s liabilityunder this subsection.(3)Inaproceedingforanoffenceagainstsubsection(1),theperson charged has the benefit of the
reasonable steps defencefor the offence.Current as at 1
July 2013Page 81
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 97]Note—See part 1,
division 3 for the reasonable steps defence.97Records record keeper must have if driver
engaging in200+km work under standard hours or working
under anaccreditation or exemption(1)If the driver of a fatigue regulated
heavy vehicle is engaging in200+kmworkunderstandardhours,orisworkingunderaBFM
accreditation, AFM accreditation or work and rest hoursexemption(whetherornotgrantedincombinationwithanoperator’sBFMaccreditationorAFMaccreditation),thedriver’s record keeper must—(a)recordthefollowinginformationassoonaspossibleafter receiving
it—(i)thedriver’sname,driverlicencenumberandcontact details;(ii)thedriver’srostersandtripschedules,includingdetails of driver changeovers; and(b)keep a copy of all duplicate pages and
other copies ofworkdiaryentriesgiventotherecordkeeperundersection 99; and(c)keep
a copy of payment records relating to the driver,includingtimesheetrecordsifthedriverispaidaccording to
time at work.Maximum penalty—20 penalty units.(2)If the driver is working under a BFM
accreditation or AFMaccreditation,therecordkeepermustalsorecordthefollowing information—(a)the
information required to be kept by the record keeperasaconditionoftheBFMaccreditationorAFMaccreditation;(b)the
information required to be kept by the record keeperunderBFMstandardsandbusinessrulesorAFMstandards and
business rules.Page 82Current as at 1
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 98]Note—Seealsosection142or151forotherrecordkeepingrequirementsapplying to a
record keeper who is an operator working under a BFMaccreditation or AFM accreditation.Maximum penalty—20 penalty units.(3)Iftherecordkeeperhasengagedanotherpersontocomplywith subsection
(1) or (2) for the record keeper—(a)the
record keeper remains liable for an offence againstsubsection (1) or (2); and(b)theotherpersonisalsoliableforanoffenceagainstsubsection(1)or(2)asiftheotherpersonwastherecord keeper mentioned in the
subsection.Note—Under section 63,
a record keeper who engages another person to carryout
the record keeper’s function under subsection (1) or (2) must
givethe engaged person written notification of
the engaged person’s liabilityunder this
subsection.(4)In a proceeding for an offence against
subsection (1) or (2),thepersonchargedhasthebenefitofthereasonablestepsdefence for the offence.Note—See part 1, division 3 for the
reasonable steps defence.98Requirements
about records record keeper must make orkeep(1)The record keeper of the driver of a
fatigue regulated heavyvehicle must keep a record required to
be made or kept underthis division, or a copy of the
record, for 3 years after—(a)forarecordmadebytherecordkeeper—thedaytherecord keeper makes the record;
or(b)for another record—the day the record
keeper receivesthe record.Maximum
penalty—60 penalty units.(2)The record
keeper must keep the record or copy at the driver’sCurrent as at 1 July 2013Page
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 98]recordlocationinawaythatensuresitisreasonablyaccessible to an
authorised officer.Maximum penalty—20 penalty units.(3)The record keeper must keep the record
or copy in a way thatensures it is—(a)readableandreasonablycapableofbeingunderstood;and(b)capable of being used as
evidence.Example—Toensurearecordkeptinastoragefacilitydoesnotbecomeunreadable, for
example, by degrading, the record keeper could scan thehardcopyoftherecordandkeepitinanelectronicformatthatisreadable.Maximum penalty—20 penalty units.(4)Iftherecordkeeperhasengagedanotherpersontocomplywith subsection
(1), (2) or (3) for the record keeper—(a)the
record keeper remains liable for an offence againstsubsection (1), (2) or (3); and(b)theotherpersonisalsoliableforanoffenceagainstsubsection (1),
(2) or (3) as if the other person was therecord keeper
mentioned in the subsection.Note—Under section 63, a record keeper who
engages another person to carryout the record
keeper’s function under subsection (1), (2) or (3) mustgive
the engaged person written notification of the engaged
person’sliability under this subsection.(5)In a proceeding for an offence against
subsection (1), (2) or(3), the person charged has the
benefit of the reasonable stepsdefence for the
offence.Note—See part 1,
division 3 for the reasonable steps defence.Page 84Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 99]99General requirements about driver
giving information torecord keeper(1)This
section applies to the driver of a fatigue regulated heavyvehicle required to record information in
the driver’s writtenor electronic work diary under
division 2.(2)Thedrivermustwithin21daysafterthedayonwhichthedriver drove the vehicle give a copy of the
work diary entry,includinganyentrymadeinasupplementaryrecord,recording the information for that day to
each person who wasa record keeper for the driver on that
day.Maximum penalty—20 penalty units.(3)Forsubsection(2),iftheworkdiaryentryismadeinanelectronic work diary, the driver may
give a copy of the entrytotherecordkeeperbyensuringthecopyiselectronicallytransferred to
the record keeper.(4)Therecordkeepermustobtainthecopiesmentionedinsubsection (2) within the time
required under subsection (2).Maximum
penalty—20 penalty units.(5)Iftherecordkeeperhasengagedanotherpersontocomplywith subsection
(4) for the record keeper—(a)the record
keeper remains liable for an offence againstsubsection (4);
and(b)theotherpersonisalsoliableforanoffenceagainstsubsection(4)asiftheotherpersonwastherecordkeeper mentioned in the subsection.Note—Under section 63,
a record keeper who engages another person to carryout
the record keeper’s function under subsection (4) must give
theengaged person written notification of the
engaged person’s liabilityunder this subsection.(6)In a proceeding for an offence against
subsection (2) or (4),thepersonchargedhasthebenefitofthereasonablestepsdefence for the offence.Note—See part 1, division 3 for the
reasonable steps defence.Current as at 1 July 2013Page
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Transport Operations (Road Use
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Requirements about record keeping[s 100]100Requirements about driver giving
information to recordkeeper if driver changes record
keeper(1)This section applies if—(a)thedriverofafatigueregulatedheavyvehicleisrequired to record information in the
driver’s written orelectronic work diary under division 2;
and(b)the driver changes record
keepers.(2)Thedrivermust,beforedrivingafatigueregulatedheavyvehicle for the
new record keeper, give the new record keepera copy of
information recorded in a work diary the driver wasrequired to keep in the 28 days before the
change happenedthat relates to that 28 day period.Maximum penalty—20 penalty units.(3)Thenewrecordkeepermustobtaintheinformationmentioned in
subsection (2) before the driver starts driving afatigue regulated heavy vehicle for the new
record keeper.Maximum penalty—20 penalty units.(4)Ifthenewrecordkeeperhasengagedanotherpersontocomply with subsection (3) for the new
record keeper—(a)thenewrecordkeeperremainsliableforanoffenceagainst subsection (3); and(b)theotherpersonisalsoliableforanoffenceagainstsubsection (3)
as if the other person was the new recordkeeper mentioned
in the subsection.Note—Under section 63,
a record keeper who engages another person to carryout
the record keeper’s function under subsection (3) must give
theengaged person written notification of the
engaged person’s liabilityunder this subsection.(5)In a proceeding for an offence against
subsection (2) or (3),thepersonchargedhasthebenefitofthereasonablestepsdefence for the offence.Note—See part 1, division 3 for the
reasonable steps defence.Page 86Current as at 1
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 101]101Record keeper must give printouts of
information fromelectronic work diary(1)This
section applies if the driver of a fatigue regulated heavyvehicle required to record information in
the driver’s writtenorelectronicworkdiaryunderdivision2isusinganelectronicworkdiarysuppliedtothedriverbythedriver’srecord keeper.(2)If
the driver stops using the electronic work diary, the
driver’srecord keeper must immediately give the
driver a printout ofthe information recorded in the work
diary for each day onwhich the driver was using the
electronic work diary.Maximum penalty—20 penalty
units.(3)Iftherecordkeeperhasengagedanotherpersontocomplywith subsection
(2) for the record keeper—(a)the record
keeper remains liable for an offence againstsubsection (2);
and(b)theotherpersonisalsoliableforanoffenceagainstsubsection(2)asiftheotherpersonwastherecordkeeper mentioned in the subsection.Note—Under section 63,
a record keeper who engages another person to carryout
the record keeper’s function under subsection (2) must give
theengaged person written notification of the
engaged person’s liabilityunder this subsection.(4)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.Current as at 1 July 2013Page
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Transport Operations (Road Use
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Requirements about record keeping[s 102]Division 4Provisions about
falserepresentations relating to workrecords102False
or misleading entriesA person must not record an entry in a
work record that thepersonknows,orreasonablyoughttoknow,isfalseormisleading in a material particular.Maximum penalty—60 penalty units.103Possessing or using false or
misleading work recordsprohibitedA person must
not possess or use a work record that containsinformation the
person knows, or reasonably ought to know, isfalse or
misleading in a material particular.Maximum
penalty—60 penalty units.104Keeping 2 work
diaries simultaneously prohibited(1)The
driver of a fatigue regulated heavy vehicle must not havein
the driver’s possession more than 1 written work diary inwhich information can be recorded on a daily
sheet.Note—The driver of a
fatigue regulated heavy vehicle does not commit anoffence against this subsection if the
driver has another written workdiaryinthedriver’spossessioninwhichinformationcannotberecorded because
all the daily sheets in the other work diary are eitherused
up or cancelled.Maximum penalty—60 penalty units.(2)Thedriverofafatigueregulatedheavyvehiclemustnotrecord information for the same period
in—(a)a written work diary and an electronic
work diary; or(b)more than 1 electronic work
diary.Page 88Current as at 1
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Transport Operations (Road Use
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Requirements about record keeping[s 105]Example—The driver of a
fatigue regulated heavy vehicle works for Mrs A and MrB.
The driver keeps a written work diary for work done for Mrs A
andan electronic work diary for work done for
Mr B. On a particular day,the driver works from 1p.m. to 5p.m.
for Mrs A and from 6p.m. to11p.m. for Mr B.The driver must
record the information about the period between 1p.m.and
5p.m. in the written work diary kept for Mrs A, and the
informationfor the period between 6p.m. and 11p.m. in
the electronic work diarykept for Mr B.The driver must
not record information about the period between 1p.m.and
5p.m, or the period between 6p.m. to 11p.m, in both the
writtenwork diary and electronic work diary.Maximum penalty—60 penalty units.(3)For subsections (1) and (2), a
reference to a written work diaryincludes a
reference to a logbook issued under the repealedTransportOperations(RoadUseManagement—FatigueManagement)
Regulation 1998.105Possession of purported work records
etc. prohibited(1)Thedriverofafatigueregulatedheavyvehicleorarecordkeeper for a
driver of a fatigue regulated heavy vehicle mustnot
have in the driver’s or record keeper’s possession a thingpurporting to be a work record if the driver
or record keeperknows,orreasonablyoughttoknow,thatitisnotaworkrecord.Maximum penalty—60 penalty units.(2)If a record keeper for the driver of a
fatigue regulated heavyvehicle has engaged another person
(theengaged person) tokeep, for the record keeper, a work record
the record keeper isrequiredtokeepunderthisregulation,thereferencetotherecordkeeperinsubsection(1)includesareferencetotheengaged person.(3)If a
record keeper for the driver of a fatigue regulated heavyvehicle has an engaged person as mentioned
in subsection (2),the record keeper must not permit the
engaged person to havein the engaged person’s possession a
thing purporting to be aCurrent as at 1 July 2013Page
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Transport Operations (Road Use
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Requirements about record keeping[s 106]work
record if the record keeper knows, or reasonably oughtto
know, that it is not a work record.Maximum
penalty—60 penalty units.(4)Inaproceedingforanoffenceagainstsubsection(3),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.106False
representation about work records prohibitedA person must
not falsely represent that a work record, or anentry in a work
record, was made by the person.Maximum
penalty—60 penalty units.Division 5Interfering with
work recordsSubdivision 1Work records
generally107Defacing or changing work records etc.
prohibitedA person must not deface or change an entry
in a work recordthat the person knows, or reasonably ought
to know, is correct.Notes—1See
section 53 of the Act for the prohibition on a person giving
anofficial a work record that the person knows
is false or misleadingin a material particular.2See section 98 for the requirement
that a record keeper for thedriver of a
fatigue regulated heavy vehicle keep particular recordsin a
way that ensures they are readable and reasonably capable ofbeing
understood and capable of being used as evidence.Maximum penalty—60 penalty units.Page
90Current as at 1 July 2013
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Management—Fatigue Management) Regulation 2008Part 4
Requirements about record keeping[s 108]108Making entries in someone else’s work
recordsprohibited(1)Apersonmustnotmakeanentryinsomeoneelse’sworkrecord.Maximum penalty—60 penalty units.(2)Subsection (1) does not apply
to—(a)a person who—(i)makesanentryinanotherperson’sworkdiaryunder a work diary exemption applying to the
otherperson; and(ii)is
nominated by the other person to make the entry;or(b)an authorised
officer; or(c)a party to a two-up driving
arrangement—(i)signing the written work diary of the
other party tothe arrangement; or(ii)makinganentryintheotherparty’selectronicworkdiaryindicatingtheparty’sapprovaloftheinformation
recorded in the work diary.109Destruction of
particular work records prohibitedIf a work record
is required under this part to be kept for aparticular
period by a person, the person or someone else mustnot
destroy the record before the end of the period.Note—See section 98
for the period for which record keepers for drivers offatigue regulated heavy vehicles are
required to keep particular workrecords.Maximum penalty—60 penalty units.Current as at 1 July 2013Page
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Requirements about record keeping[s 110]Subdivision 2Electronic work
diaries110Meaning oftampers(1)A persontamperswith
an electronic work diary if—(a)the
person engages in conduct that—(i)results in the work diary malfunctioning;
or(ii)could result in
the work diary malfunctioning; or(iii)alters any of the data recorded by the work
diary;or(iv)could alter any
of the data recorded by the workdiary; or(v)results in inaccurate information
being recorded bythe work diary; or(vi)couldresultininaccurateinformationbeingrecorded by the work diary; and(b)the person either—(i)engagesinthatconductwiththeintentionofcausinganeffectmentionedinparagraph(a)(i),(iii) or (v); or(ii)is
negligent or reckless as to whether that conductwouldcauseaneffectmentionedinparagraph(a)(i), (iii) or
(v).(2)A person alsotamperswith
an electronic work diary if—(a)the
person engages in conduct that alters or otherwiseinterfereswithanelectronicsignalsenttoorfromanelectronic work diary; and(b)the alteration or interference has or
could have an effectmentioned in subsection (1)(a)(i),
(iii) or (v); and(c)the person either—(i)engagesinthatconductwiththeintentionofcausing an effect mentioned in subsection
(1)(a)(i),Page 92Current as at 1
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Requirements about record keeping[s 111](iii) or (v); or(ii)is
negligent or reckless as to whether that conductwouldcauseaneffectmentionedinsubsection(1)(a)(i), (iii)
or (v).111Person must not tamper with electronic
work diary(1)A person must not tamper with the
operation of an electronicwork diary.Maximum
penalty—60 penalty units.(2)Subsection (1)
does not apply to—(a)apersonwhoisrepairingamalfunctioningelectronicwork diary;
or(b)an authorised officer; or(c)apersonperformingafunctionundertheActforthechief executive.(3)Inaproceedingforanoffenceagainstsubsection(1)involving a person altering or otherwise
interfering with anyelectronicsignalthatissenttoorfromanelectronicworkdiary,itisadefenceifthepersonchargedprovesthattheperson was not aware, and could not
reasonably be expectedto have been aware, that the activity
constituting the allegedtamperingorinterferingwouldinterferewiththeelectronicsignal.(4)Subsection (3) does not apply
to—(a)the driver of a fatigue regulated
vehicle who is using theelectronic work diary; or(b)arecordkeeperforthedrivermentionedinparagraph(a); or(c)apersonengagedbyarecordkeepermentionedinparagraph (b) to carry out any of the
following functionsfor the record keeper—(i)keep
records relating to the electronic work diarythat the record
keeper is required to keep under thisCurrent as at 1
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Requirements about record keeping[s 112]regulation;(ii)operate or maintain the electronic work
diary.112Person operating or maintaining
electronic work diarymust ensure it is not tampered
with(1)A person who operates or maintains an
electronic work diarymust not permit another person to
tamper with the operationof the electronic work diary.Maximum penalty—60 penalty units.(2)Inaproceedingforanoffenceagainstsubsection(1),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.113Driver’s record
keeper must ensure electronic work diaryis not tampered
with(1)Arecordkeeperforthedriverofafatigueregulatedheavyvehiclewhousesanelectronicworkdiarymustnotpermitanother person
to tamper with the operation of the electronicwork
diary.Maximum penalty—60 penalty units.(2)Inaproceedingforanoffenceagainstsubsection(1),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.114IAP reporting
entity must ensure electronic work diary isnot tampered
with(1)This section applies if an electronic
work diary being used bythedriverofafatigueregulatedheavyvehicleincludesorforms part of an approved intelligent
transport system.Page 94Current as at 1
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Requirements about record keeping[s 115](2)AnIAPreportingentityforthesystemmustnotpermitanother person
to tamper with the operation of the electronicwork
diary.Maximum penalty—60 penalty units.(3)Inaproceedingforanoffenceagainstsubsection(2),theperson charged has the benefit of the
reasonable steps defencefor the offence.Note—See part 1, division 3 for the
reasonable steps defence.Division 6Obtaining
written work diary115Form of written work diary(1)This section states the requirements
for written work diariesissued by the chief executive under
this division.(2)Awrittenworkdiarymustallowforinformationtoberecorded in the format approved by the
Australian TransportCouncil.Note—A copy of the approved format may be
obtained from the department’swebsite.(3)A written work diary must
contain—(a)a unique identifying number for the
work diary; and(b)sheets (daily
sheets) that—(i)provide for recording information daily;
and(ii)are sequentially
numbered; and(c)2 duplicates of each daily sheet;
and(d)aduplicateofanyapplicationformcontainedinthework diary under subsection (4);
and(e)instructions for use of the work
diary.(4)AwrittenworkdiarymaycontainanapplicationintheCurrent as at 1 July 2013Page
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Requirements about record keeping[s 116]approved form for the issue of another work
diary.(5)Each daily sheet of a written work
diary must be in a form thatensures that if
information is written on the daily sheet in thewaystatedintheinstructionsintheworkdiaryorthisregulation, the
information should be automatically copied onto the
duplicates for the sheet.(6)A written work
diary must be in the approved form.(7)The
approved form must be the same as the form approved bythe
Australian Transport Council for the purpose.116Application for written work diary(1)The driver of a fatigue regulated
heavy vehicle who wants tobe issued with a written work diary
(including a replacementwork diary) must apply in person to
the chief executive.(2)The application
must be in the approved form.(3)The
approved form must be the same as the form approved bythe
Australian Transport Council for the purpose.(4)Iftheapplicationisforawrittenworkdiarytoreplaceawrittenworkdiarythathasbeenpreviouslyissuedtothedriver
(theexisting written work diary),
the driver must givethe existing written work diary to the
chief executive with theapplication, unless the existing
written work diary has beendestroyed, lost
or stolen.(5)If the driver gives the existing
written work diary to the chiefexecutive, the
chief executive must—(a)cancel any
unused daily sheets in the written work diary;and(b)returnthewrittenworkdiarytothedriverwhenthechiefexecutiveissuesthereplacementwrittenworkdiary to the
driver.(6)Iftheapplicationisforawrittenworkdiarytoreplaceawritten work diary that has been destroyed,
lost or stolen, theapplication must—Page 96Current as at 1 July 2013
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Requirements about record keeping[s 117](a)state the previous work diary’s number
and that it hasbeen destroyed, lost or stolen; and(b)briefly outline the circumstances of
the destruction, lossor theft.(7)For
subsections (4) to (6), a reference to a written work diarytobereplacedunderthissectionincludesareferencetoalogbookissuedundertherepealedTransportOperations(RoadUseManagement—FatigueManagement)Regulation1998.117Issue of written
work diary(1)Thechiefexecutivemustissueawrittenworkdiarytothedriver of a fatigue regulated heavy
vehicle if the driver—(a)identifieshimselforherselfbyshowingthedriver’scurrent driver
licence to the chief executive; and(b)pays
the fee payable under this regulation for the issueof
the work diary.(2)If the chief executive issues a
written work diary to the driverof a fatigue
regulated heavy vehicle, the chief executive mustnotethedate,timeandplaceofissueonthewrittenworkdiary.(3)The
chief executive may make other notes on the written workdiary.(4)If
the chief executive issues a written work diary to the
driverof a fatigue regulated heavy vehicle from
another jurisdictionin the participating zone—(a)thechiefexecutivemustnotifythecorrespondingauthority for
that jurisdiction of—(i)the identifying
number for the work diary; and(ii)the
driver’s name and driver licence number; and(iii)the
date, time and place of the issue of the workdiary;
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Requirements about record keeping[s 118](b)thechiefexecutivemustincludewiththenotificationeither—(i)a statement of the reason why the
chief executiveissued the work diary; or(ii)acopyoftheapplicationthechiefexecutivereceived for the issue of the work
diary.Division 7Electronic
recording systems tobecome electronic work diarySubdivision 1Approval of
electronic recordingsystems118Application for approval of electronic
recording system(1)A person who wants to have an
electronic recording systemapprovedunderthissubdivisionmustapplytothechiefexecutive for
the approval.Examples of persons who may apply for an
approval under this section—manufacturersofelectronicrecordingsystems,operatorsoffatigueregulated heavy
vehicles, drivers of fatigue regulated heavy vehicles(2)The application must be in the
approved form.(3)The approved form must be the same as
the form approved bythe Australian Transport Council for
the purpose.119Deciding application for
approval(1)Thechiefexecutivemust,assoonaspracticableafterreceivinganapplicationforapprovalofanelectronicrecording
system—(a)grant the approval, with or without
conditions about theoperationandmaintenanceoftheelectronicrecordingsystem to which the approval relates;
or(b)refuse the application.Page
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Requirements about record keeping[s 119](2)Thechiefexecutivemayapproveanelectronicrecordingsystemonlyifthechiefexecutiveissatisfiedthatthesystem—(a)is
suitable for fitting to, or for use in, a fatigue regulatedheavy vehicle; and(b)has
a mechanism that readily indicates to the driver ofthe
fatigue regulated heavy vehicle to which it is fittedor
in which it is used that the system is or is not properlyfunctioning; and(c)iscapableofaccuratelymonitoringandrecordingtheworktimesandresttimesofthedriverofthefatigueregulated heavy vehicle to which it is
fitted or in whichitisused,andofrecordinganyotherinformationthedriverisrequiredunderthisregulationtorecordinawork diary; and(d)if
the system is to be fitted to a fatigue regulated heavyvehicle and is to be used by more than 1
driver of thevehicle, is capable of ensuring the
following—(i)all of the information mentioned in
paragraph (c)can be accurately monitored or recorded for
eachof the drivers;(ii)thedetailsrecordedby,orinrelationto1ofthedrivers, are readily distinguishable from
the detailsrecorded by, or in relation to, the other
drivers;(iii)the name of the
driver in relation to whom detailsarerecordedisshownwheneverthedetailsareaccessed;(iv)1ofthedriverscannotrecordanyinformation,that the driver
is required under this regulation torecord in a work
diary, in the system for any of theother drivers;
and(e)has a mechanism to ensure that the
driver of the fatigueregulated heavy vehicle to which it is
fitted or in whichit is used can not alter any information the
driver recordsin the system once the driver has had an
opportunity toconfirm the accuracy of the information;
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Requirements about record keeping[s 120](f)ifthesystemisdesignedtoenablethedriverofthefatigue regulated heavy vehicle to
which it is fitted or inwhichitisusedtosendinformationtothedrivers’record
keeper—has a mechanism that readily indicatesto the driver
that the information has, or has not, beensent to the
record keeper; and(g)is capable of readily reproducing, on
being accessed bythe record keeper for the driver of the
fatigue regulatedheavy vehicle to which it is fitted or in
which it is used,the information that it contains; and(h)is capable of readily reproducing, on
being accessed byanauthorisedofficerwhilethevehicletowhichitisfitted or in which it is used is on a
road, the informationit contains in a form that—(i)is readily accessible by the officer;
and(ii)is reasonably
capable of being understood by theofficer;
and(iii)can be used as
evidence.Note—An approved
electronic recording system may form part of an approvedintelligent transport system.(3)Indecidingwhetherornottogranttheapproval,thechiefexecutivemusthaveregardtoanyguidelinesforelectronicrecording
systems for use under this regulation approved bythe
Australian Transport Council.Note—Acopyoftheapprovedguidelinesmaybeobtainedfromthedepartment’s
website.120Steps after decision to grant
approval(1)If the chief executive grants an
approval under section 119,the chief
executive must give the applicant—(a)a
numbered certificate of approval; andPage 100Current as at 1 July 2013
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Requirements about record keeping[s 121](b)an electronic work diary label that
the holder can use tocreateacopyforattachingtoanelectronicrecordingsystem the subject of the approval.(2)If the chief executive imposes
conditions on the approval thecertificateofapprovalgiventotheapplicantmuststatetheconditions.(3)If
the chief executive imposes conditions on the approval notsoughtbytheapplicant,thechiefexecutivemustgivetheapplicant an information notice for
the decision.121Steps after decision to refuse
applicationIf the chief executive decides not to grant
an application forapprovalofanelectronicrecordingsystem,thechiefexecutive must
give the applicant an information notice for thedecision.122Effect of approval(1)An
approval of an electronic recording system granted underthissubdivisioncoversanysystemthatisidenticaltothesystem that was given to the chief
executive for approval.(2)Theconditionsimposedontheapprovalundersection119apply to each identical system that is
covered by the approval.123Requirement to
notify users of conditions of approval(1)This
section applies if the chief executive grants an approvalfor
an electronic recording system subject to conditions.(2)The holder of the approval must give
each person to whom theholder supplies an electronic
recording system the subject ofthe approval a
written notice stating the conditions.Maximum
penalty—60 penalty units.(3)If,undersubsection(2),apersonisgivenawrittennoticestating the conditions of the approval, the
person must give acopy of the notice to each other person to
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Requirements about record keeping[s 124]suppliesanelectronicrecordingsystemthesubjectoftheapproval.Example for
subsection (3)—The holder of an approval is a
manufacturer and the manufacturer hassupplied an
electronic recording system the subject of the approval to
anoperatorofafatigueregulatedheavyvehiclewhohassuppliedthesystemtothedriverofthevehicle.If,undersubsection(2),themanufacturer
gives the operator a written notice stating the conditions
ofthe approval, the operator must give the
driver a copy of the notice.Maximum
penalty—60 penalty units.Subdivision 2Provisions about
electronic workdiary labels124Placing electronic work diary label on
device(1)A person may place on any device that
is, or forms part of, anapproved electronic recording system
an electronic work diarylabel relating to the approval.Note—Under the
definition ofelectronic work diaryin schedule 6,
placing anelectronic work diary label on an approved
electronic recording systemmakestheapprovedelectronicrecordingsystemanelectronicworkdiary
for this regulation.See also section 125.(2)Apersonmustnotplaceonanydeviceanelectronicworkdiary label if the device is not, or does
not form part of, anapprovedelectronicrecordingsystemtowhichthelabelrelates.Maximum penalty—60 penalty units.(3)Apersonmustnotplaceonanydeviceanyotherlabelindicatingthatthedeviceis,orispartof,anapprovedelectronic recording system, if the device
is not, or does notform a part of, an approved electronic
recording system.Maximum penalty—60 penalty units.Page
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Requirements about record keeping[s 125]125Effect of electronic work diary label
on device(1)This section applies if a device has
attached to it a label that is,or appears to
be, an electronic work diary label.(2)For
this regulation, a person is entitled to rely on the label
asindicating the device is, or a part of, an
approved electronicrecordingsystemunlessthepersonknows,orreasonablyought to know,
that the device is not, or is not a part of, anapproved
electronic recording system.Example for
subsection (2)—A record keeper for the driver of a
fatigue regulated heavy vehicle givesthe driver a
device to which an electronic work diary label is attachedfor
recording information required to be included in the driver’s
workdiaryunderthisregulation.Thedrivermayrelyonthelabelasindicating the device is, or a part of, an
approved electronic recordingsystem meaning
the driver may record the required information in thedevice on the basis that it is an electronic
work diary. However, thedriver may not rely on the label if
the driver knows, or reasonably oughtto know the
device is not, or is not a part of, an approved electronicrecording system.126Prohibition on using device as electronic
work diary if itis not an approved electronic recording
system(1)Apersonmustnotuseasanelectronicworkdiaryforthisregulation any
device that has attached to it an electronic workdiary label if the person knows, or
reasonably ought to know,that the device is not, or does not
form part of, an approvedelectronic recording system to which
the label relates.Maximum penalty—60 penalty units.(2)Apersonmustnotuseasanelectronicworkdiaryforthisregulation any
device that has attached to it any other labelindicatingthatthedeviceis,orispartof,anapprovedelectronicrecordingsystem,ifthepersonknows,orreasonably ought to know, that the
device is not, or does notform part of, an approved electronic
recording system.Maximum penalty—60 penalty units.Current as at 1 July 2013Page
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Requirements about record keeping[s 127]Subdivision 3Amendment or
cancellation ofapproval127Amendment or cancellation of approval on
application(1)The holder of an approval of an
electronic recording systemmayapplytothechiefexecutiveforanamendmentorcancellation of the approval.(2)The application must—(a)be in writing; and(b)if
it is for an amendment of the approval, state clearlytheamendmentsoughtandoutlinethereasonsfortheapplication.(3)Thechiefexecutivemay,bywrittennoticegiventotheapplicant, require the applicant to
give the chief executive anyadditional
information the chief executive reasonably requiresto
decide the application.(4)Thechiefexecutivemustdecidetheapplicationassoonaspracticable after the chief executive
receives it.(5)Ifthechiefexecutivedecidestogranttheapplication,thechief executive must give the applicant
written notice of thatdecision.(6)The
amendment or cancellation takes effect—(a)whenwrittennoticeofthedecisionisgiventotheapplicant; or(b)at a
later time stated in the written notice.(7)Ifthechiefexecutivedecidesnottoamendorcanceltheapproval,thechiefexecutivemustgivetheapplicantaninformation notice for the decision.128Amendment or cancellation of approval
withoutapplication—grounds(1)Thechiefexecutivemay,bycomplyingwithsection129,amendanapprovalofanelectronicrecordingsystemifthePage 104Current as at 1
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Requirements about record keeping[s 129]chiefexecutiveisreasonablysatisfiedanyofthefollowinggrounds
exists—(a)the application for the approval was
false or misleadinginamaterialparticular,butthecircumstancesdonotrequire its cancellation;(b)that—(i)sincetheapprovalwasgiven,achangehashappenedinrelationtosomethingthatthechiefexecutivemustconsiderindecidingwhethertogive an approval of that kind;
and(ii)theapprovalwouldhavebeengivenasitisproposed to be
after the amendment if the changehad happened
before the approval was given.(2)Thechiefexecutivemay,bycomplyingwithsection129,cancelanapprovalofanelectronicrecordingsystemifthechiefexecutiveisreasonablysatisfiedanyofthefollowinggrounds
exists—(a)the application for the approval was
false or misleadingin a material particular;(b)that—(i)sincetheapprovalwasgiven,achangehashappenedinrelationtosomethingthatthechiefexecutivemustconsiderindecidingwhethertogive an approval of that kind;
and(ii)theapprovalwouldnothavebeengivenifthechangehadhappenedbeforetheapprovalwasgiven.129Amendment or cancellation of approval
withoutapplication—procedure(1)If,undersection128,thechiefexecutiveisreasonablysatisfied a
ground exists to amend or cancel an approval of anelectronic recording system, the chief
executive must give theholder of the approval a written
notice that—Current as at 1 July 2013Page
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Requirements about record keeping[s 130](a)states the proposed amendment or
cancellation; and(b)statesthegroundfortheproposedamendmentorcancellation; and(c)outlines the facts and circumstances forming
the basisfor the ground; and(d)invites the holder to state in writing,
within a stated timeof at least 14 days after the notice
is given to the holder,why the approval should not be amended
or cancelled.(2)If, after considering any written
statements made within thestatedtime,thechiefexecutiveisreasonablysatisfiedaground exists to take the proposed
action, the chief executivemay—(a)iftheproposedactionistoamendtheapprovalinastated way—amend the approval in that
way; or(b)if the proposed action is to cancel
the approval—cancelthe approval, or amend the approval.(3)The chief executive must give the
holder written notice of thechief
executive’s decision.(4)If the chief
executive decides to amend or cancel the approval,the
chief executive must also give the holder an informationnotice for the decision.(5)The
amendment or cancellation takes effect—(a)when
written notice of the decision, and the reasons forthe
decision, is given to the holder; or(b)at a
later time stated in the written notice.130Alternative to cancelling approval(1)This section applies if, under section
128, the chief executiveis reasonably satisfied a ground
exists to cancel an approval ofan electronic
recording system.(2)Instead of cancelling the approval,
the chief executive may, bywrittennoticetotheholderoftheapproval,permitthePage 106Current as at 1
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Requirements about record keeping[s 131]continued use of an electronic recording
system the subject ofthe approval—(a)for
a stated period or indefinitely; and(b)on
stated conditions.(3)If the chief executive decides to
permit the continued use onlyfor a stated
period or subject to stated conditions, the writtennotice under subsection (2) must be or
include an informationnotice for the decision.(4)For subsection (2)—(a)the approval is taken to be continued
under this section;and(b)anelectronicrecordingsystemthesubjectoftheapprovalcontinuestobeanapprovedelectronicrecording
system.(5)However, only an electronic recording
system the subject ofthe approval that is being used as an
electronic work diary onthe day the chief executive makes a
decision under subsection(2) is covered by the approval.(6)Also, an electronic recording system
covered by the approvalis an approved electronic recording
system only if it is beingused in compliance with the conditions
stated in the notice.131Requirements if
approval amended(1)This section applies if under this
division the chief executiveamendsanapprovalofanelectronicrecordingsystemtochange the conditions about the operation
and maintenance ofthe system.(2)The
holder of the approval must give each person to whom theholder has supplied an electronic recording
system the subjectoftheapprovalawrittennoticestatingtheamendedconditions of
the approval.Maximum penalty—60 penalty units.(3)If,undersubsection(2),apersonisgivenawrittennoticestatingtheamendedconditionsoftheapproval,thepersonCurrent as at 1
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Requirements about record keeping[s 132]must
give a copy of the notice to each other person to whomthepersonhassuppliedanelectronicrecordingsystemthesubject of the approval.Example for
subsection (3)—The holder of an approval is a
manufacturer and the manufacturer hassupplied an
electronic recording system the subject of the approval to
anoperatorofafatigueregulatedheavyvehiclewhohassuppliedthesystemtothedriverofthevehicle.If,undersubsection(2),themanufacturer
gives the operator a written notice stating the amendedconditions of the approval, the operator
must give the driver a copy ofthe
notice.Maximum penalty—60 penalty units.(4)In this section—amendedconditions,ofanapprovalofanelectronicrecording system
that has been amended under this division,means the
conditions of the approval as they apply after theamendment.132Requirements if approval cancelled(1)This section applies if under this
division the chief executivecancels an
approval of an electronic recording system.(2)The
holder of the approval—(a)mustremovefromanyelectronicrecordingsysteminthe
holder’s possession any electronic work diary labelrelating to the approval; and(b)must notify in writing each person to
whom the holderhas supplied an electronic recording system
the subjectof the approval that—(i)the
approval has been cancelled; and(ii)anyelectronicworkdiarylabelrelatingtotheapproval on an electronic recording
system still inthe person’s possession must be
removed.Maximum penalty—60 penalty units.(3)If,undersubsection(2)(b),apersonisnotifiedthatthePage 108Current as at 1
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Requirements about record keeping[s 133]approval has been cancelled, the person must
notify in writingeachotherpersontowhomthepersonhassuppliedanelectronic recording system the subject of
the approval that—(a)the approval has been cancelled;
and(b)any electronic work diary label
relating to the approvalonanelectronicrecordingsystemstillintheotherperson’s possession must be removed.Example for subsection (3)—The holder of an approval is a
manufacturer and the manufacturer hassupplied an
electronic recording system the subject of the approval to
anoperatorofafatigueregulatedheavyvehiclewhohassuppliedthesystemtothedriverofthevehicle.If,undersubsection(2)(b),themanufacturer notifies the operator of the
approval’s cancellation, theoperator must
notify the driver of the cancellation and the requirementto
remove any electronic work diary label relating to the approval
that ison an electronic recording system still in
the driver’s possession.Maximum penalty—60 penalty
units.(4)Apersonwhoisawarethattheapprovalofanelectronicrecordingsystemintheperson’spossessionhasbeencancelled must
remove from the system any electronic workdiary label
relating to the approval.Maximum penalty—60 penalty
units.(5)In this section—holder, of
an approval of an electronic recording system thathasbeencancelled,meansthepersonwho,immediatelybefore the
cancellation took effect, held the approval.133Requirements if effect of approval continued
instead ofcancelled(1)This
section applies if under section 130 the chief executivedecides to permit the continued use of an
electronic recordingsystemthesubjectofanapprovalinsteadofcancellingtheapproval.(2)The
holder of the approval must give each person to whom theholder has supplied an electronic recording
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Requirements about record keeping[s 133]of
the approval a written notice stating the relevant matters
forthe approval.Maximum
penalty—60 penalty units.(3)If,undersubsection(2),apersonisgivenawrittennoticestating the relevant matters for the
approval, the person mustgive a copy of the notice to each
other person to whom theperson has supplied an electronic
recording system the subjectof the
approval.Example for subsection (3)—The holder of an approval is a
manufacturer and the manufacturer hassupplied an
electronic recording system the subject of the approval to
anoperatorofafatigueregulatedheavyvehiclewhohassuppliedthesystemtothedriverofthevehicle.If,undersubsection(2),themanufacturer
gives the operator a written notice stating the relevantmatters for the approval, the operator must
give the driver a copy of thenotice.Maximum penalty—60 penalty units.(4)In this section—relevant
matters, for an approval of an electronic
recordingsystemthesubjectofthechiefexecutive’sdecisionundersection 130,
means the following—(a)the date the
chief executive made the decision;(b)thattheapprovalpermitsthecontinueduseofanelectronic
recording system the subject of the approvalif the system
was in existence when the chief executivemade the
decision and is used in compliance with theconditions of
the continued use;(c)the period for which the approval
permits the continueduse of an electronic recording system
the subject of theapproval;(d)theconditionsapplyingtothecontinueduseofanelectronic recording system the subject of
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Accreditation and exemptions[s 134]Part
5Accreditation and exemptionsDivision 1Preliminary134Who
is anassociateof an operator of
a fatigue regulatedheavy vehicleForthispart,apersonisanassociateofanoperatorofafatigue regulated heavy vehicle
if—(a)the person is a spouse, parent,
brother, sister or child ofthe operator;
or(b)thepersonandoperatoraremembersofthesamehousehold;
or(c)the person and operator are partners;
or(d)the person and operator are both
trustees or beneficiariesof the same trust, or either the
person or operator is atrustee and the other is a beneficiary
of the same trust; or(e)either the
person or operator is a body corporate and theother is a
director or member of the governing body ofthe body
corporate; or(f)either the person or operator is a
body corporate (otherthanapubliccompanywhosesharesarelistedonastockexchange)andtheotherisashareholderinthebody corporate; or(g)thepersonandoperatorarerelatedbodiescorporatewithin the
meaning of the Corporations Act; or(h)achainofrelationshipscanbetracedbetweentheperson and operator under any one or
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Accreditation and exemptions[s 135]Division 2BFM
accreditationSubdivision 1Obtaining BFM
accreditation135Applying for BFM accreditation(1)An operator of a fatigue regulated
heavy vehicle may apply tothe chief executive for BFM
accreditation.(1A)The application
can only be made for a period of not longerthan 3
years.(2)The application must be made in the
approved form and beaccompanied by the following—(a)a statement by the operator that the
operator has a BFMfatiguemanagementsystemforensuringcompliancewith the BFM
standards and business rules;(b)astatementfromanapprovedauditorthattheauditorconsiderstheoperator’sBFMfatiguemanagementsystem will
ensure compliance with the BFM standardsand business
rules;(c)any other information required for the
application underthe BFM standards and business rules;(d)if the operator does not haveaninterceptionbookforeachfatigueregulatedheavyvehicletobeoperatedunder the
accreditation—(i)a request for the interception book;
and(ii)anyfeepayableunderthisregulationfortheinterception book;(e)the
fee payable under this regulation for the application.(3)The application must also be
accompanied by a declaration bytheoperator,declaredtobemadeafterhavingtakenallreasonable steps to find out the following
information, of theoperator’s knowledge of the following
information—Page 112Current as at 1
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Accreditation and exemptions[s 136](a)whether,inthe5yearsimmediatelybeforetheapplication was made, the operator or
an associate of theoperator has been convicted for a
contravention of a lawthat is or was a transport Act or a
corresponding law to atransport Act and, if so, details of
the contravention;(b)whether the operator or an associate
of the operator hashad the operator’s or associate’s BFM
accreditation orAFMaccreditationamended,suspendedorcancelledunder the Act or
a corresponding fatigue law and, if so,details of the
amendment, suspension or cancellation.(4)Subsection(3)(b)doesnotrequiretheoperatortodeclareinformation
about an amendment, suspension or cancellationof a BFM
accreditation or AFM accreditation that happenedbecauseofaconviction,iftheoperatorisnotrequiredtodeclare the information about the conviction
under subsection(3)(a).(5)Theapplicantmustalsoprovideanyotherrelevantinformationreasonablyrequiredbythechiefexecutivetodecide the application.(6)In
this section—transport Actdoes not
include—(a)the Queensland Road Rules; or(b)aregulationmadeundertheActapplyingtothetransport of dangerous goods.136Deciding application for BFM
accreditation(1)The chief executive must, as soon as
reasonably practicableafter receiving an application for BFM
accreditation—(a)grant the accreditation; or(b)refuse the accreditation.(1A)Withoutlimitingsubsection(1)(a),thechiefexecutivemaygrant the accreditation—(a)with or without conditions; orCurrent as at 1 July 2013Page
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Accreditation and exemptions[s 136]ExamplesofconditionsthatmaybeimposedonaBFMaccreditation—•a conditionthata
nameddriver cannotdriveundertheoperator’s BFM accreditation for a
stated period•aconditionthatanamedemployeeorassociateoftheoperator can not be involved in the
operator’s BFM fatiguemanagement system at all or for a
stated period(b)iftheapplicantdoesnotaskforaspecificperiodofaccreditation—for a period of not
longer than 3 years; or(c)if the applicant
asks for a specific period of accreditationof not longer
than 3 years—for a period that is less thanthe period
sought by the applicant.(2)The chief
executive may grant the BFM accreditation only ifthe
chief executive is satisfied—(a)theapplicantisabletocomplywiththisregulation,having regard
to—(i)theinformationprovidedtothechiefexecutiveunder section
135(2) and (5); and(ii)thematterstowhichthechiefexecutivemayormust have had
regard under subsection (3); and(b)theapplicantisasuitablepersontobegrantedBFMaccreditation, having regard
to—(i)theinformationprovidedtothechiefexecutiveunder section
135(3) and (5); and(ii)thematterstowhichthechiefexecutivemayormust have had
regard under subsection (3).(3)In
deciding the application, the chief executive—(a)mayhaveregardtoanythingthechiefexecutivereasonablyconsidersrelevantincludingtheresultsofanyauditscarriedoutontheoperator’sBFMfatiguemanagementsystem,orproposedBFMfatiguemanagement
system; and(b)must have regard to—Page
114Current as at 1 July 2013
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Accreditation and exemptions[s 137](i)any relevant advice given to the chief
executive bythe fatigue authorities panel; and(ii)anyguidelinesinrelationtoBFMaccreditationissuedbythefatigueauthoritiespanelbynoticepublished in the
Commonwealth gazette.Note—Acopyoftheguidelinesmaybeobtainedfromthedepartment’s website.137Steps if BFM accreditation
granted(1)If the chief executive decides to
grant a BFM accreditation,the chief executive must issue the
applicant an accreditationcertificatethatisintheformapprovedbytheAustralianTransport
Council.Note—A copy of the
approved form may be obtained from the department’swebsite.(2)The
accreditation certificate must state the following—(a)the operator has been granted BFM
accreditation;(b)the details of the accreditation,
including—(i)the number identifying the
accreditation; and(ii)any conditions
imposed on the accreditation by thechief
executive.(3)The BFM accreditation takes
effect—(a)whentheaccreditationcertificateisissuedtotheapplicant; or(b)if a
later time is stated in the certificate, at the later time.(4)TheBFMaccreditationappliesfortheperiodofnotlongerthan
3 years stated in the accreditation certificate.(5)Subsection (6) applies if the chief
executive decides—(a)to impose a condition on the BFM
accreditation that wasnot sought by the applicant; orCurrent as at 1 July 2013Page
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Accreditation and exemptions[s 138](b)to grant the BFM accreditation—(i)if the applicant does not ask for a
specific period ofaccreditation—for a period of less than 3
years; or(ii)iftheapplicantasksforaspecificperiodofaccreditationofnotlongerthan3years—foraperiodthatislessthantheperiodsoughtbytheapplicant.(6)Thechiefexecutivemustgivetheapplicantaninformationnotice for the
chief executive’s decision.138Steps if BFM
accreditation not grantedIf the chief executive decides to
refuse an application for BFMaccreditation,
the chief executive must give the applicant aninformation
notice for the decision.Subdivision 2Operating under
BFM accreditation139Chief executive must issue
interception book for vehicleThechiefexecutivemustissueanoperatorofafatigueregulatedheavyvehiclewhoholdsaBFMaccreditationaninterception book if the operator asks for
an interception bookand pays any fee payable under this
regulation for the book.140Conditions of BFM
accreditation(1)ABFMaccreditationissubjecttotheconditionthattheoperatorwhoholdstheaccreditationmustcomplywiththeBFM standards and business
rules.(2)A BFM accreditation is also subject to
any other conditionsstated in the accreditation
certificate for the accreditation.(3)TheholderofaBFMaccreditationmustcomplywiththeconditions of the
accreditation.Maximum penalty for subsection (3)—60
penalty units.Page 116Current as at 1
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Accreditation and exemptions[s 141]141Driver must carry BFM accreditation
details(1)This section applies if the driver of
a fatigue regulated heavyvehicle is working under a BFM
accreditation.(2)The driver must keep in the driver’s
possession—(a)acopyoftheaccreditationcertificatefortheBFMaccreditation;
and(b)a document, signed by the operator of
the vehicle whoholds the BFM accreditation, stating that
the driver—(i)is working under the operator’s BFM
accreditation;and(ii)has been
inducted into the operator’s BFM fatiguemanagement
system; and(iii)meetstherequirementsrelatingtodriversunderthe
operator’s BFM accreditation.Note—This subsection applies even if the
driver and operator are the sameperson.Maximum penalty—20 penalty units.(3)If the operator of the vehicle has
given the driver a documentfor the purposes
of subsection (2), the driver must, within 2businessdays,returnthedocumenttotheoperatorifthedriver—(a)stops operating under the operator’s BFM
accreditation;or(b)nolongermeetstherequirementsrelatingtodriversunder the
operator’s BFM accreditation.Maximum
penalty—20 penalty units.142General
requirements applying to operator with BFMaccreditation(1)Thissectionappliestoanoperatorofafatigueregulatedheavy vehicle who holds a BFM
accreditation.Current as at 1 July 2013Page
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Accreditation and exemptions[s 142](2)The operator must ensure that each
driver who works underthe accreditation—(a)is
inducted into the operator’s BFM fatigue managementsystem; and(b)at
all times, meets the requirements relating to driversunder the BFM accreditation.Maximum penalty—60 penalty units.(3)The operator must keep—(a)the accreditation certificate for the
BFM accreditation;and(b)acurrentlistofdriversoperatingundertheoperator’sBFM
accreditation; and(c)records demonstrating that each of the
drivers—(i)has been inducted into the operator’s
BFM fatiguemanagement system; and(ii)meetstherequirementsrelatingtodriversunderthe
BFM accreditation.Maximum penalty—60 penalty units.(4)The operator must keep a document
required to be kept undersubsection (3) for the following
period—(a)foranaccreditationcertificate—whiletheBFMaccreditation is current;(b)foreachlistmadeundersubsection(3)(b)—atleast3years after the list is made;(c)for each record made under subsection
(3)(c)—at least 3years after the record is made.Maximum penalty—60 penalty units.(5)The operator must keep a document
required to be kept undersubsection (3) in a way that ensures
it is—(a)reasonably accessible to an authorised
officer; andPage 118Current as at 1
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Accreditation and exemptions[s 143](b)readableandreasonablycapableofbeingunderstood;and(c)capable of being used as
evidence.Maximum penalty—20 penalty units.(6)The chief executive may require the
operator to give the chiefexecutive,intheformandwithinthetimerequiredbythechief
executive—(a)a copy of the list mentioned in
subsection (3)(b); and(b)details of any
change to the list.(7)Theoperatormustcomplywitharequirementmadeundersubsection
(6).Maximum penalty for subsection (7)—20
penalty units.143Operator must give notice of
amendment, suspension orending of accreditation(1)This section applies if—(a)an operator of a fatigue regulated
heavy vehicle holds aBFM accreditation; and(b)the BFM accreditation is amended or
suspended, or theoperator ceases to hold the BFM
accreditation.(2)The operator must as soon as
practicable after the amendment,suspensionorcessationhappensgivenoticeoftheamendment,suspensionorcessationtoanydriverof,orscheduler for, a fatigue regulated
heavy vehicle who may beaffected by the amendment, suspension
or cessation.Maximum penalty—30 penalty units.(3)Ifthedriverofafatigueregulatedheavyvehicleisgivenanotice under subsection (2), the driver
must, within 2 businessdays, return to the operator any
document given to the driverby the operator
for the purposes of section 141(2).Maximum
penalty—20 penalty units.Current as at 1 July 2013Page
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Accreditation and exemptions[s 144]Division 3AFM
accreditationSubdivision 1Obtaining AFM
accreditation144Applying for AFM accreditation(1)An operator of a fatigue regulated
heavy vehicle may apply tothe chief executive for AFM
accreditation.(1A)The application
can only be made for a period of not longerthan 3
years.(2)Theapplicationmustbemadeintheapprovedformandaccompanied by the following—(a)the operator’s AFM fatigue management
proposal;(b)astatementbytheoperatorthattheoperatorhasanAFMfatiguemanagementsystemforensuringcompliance with
the AFM standards and business rules;(c)astatementfromanapprovedauditorthattheauditorconsiderstheoperator’sAFMfatiguemanagementsystem will
ensure compliance with the AFM standardsand business
rules;(d)any other information required for the
application underthe AFM standards and business rules;(e)if the operator does not haveaninterceptionbookforeachfatigueregulatedheavyvehicletobeoperatedunder the
accreditation—(i)a request for the interception book;
and(ii)anyfeepayableunderthisregulationfortheinterception book;(f)the
fee payable under this regulation for the application.(3)The application must also be
accompanied by a declaration bytheoperator,declaredtobemadeafterhavingtakenallreasonable steps to find out the following
information, of theoperator’s knowledge of the following
information—Page 120Current as at 1
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Accreditation and exemptions[s 145](a)whether,inthe5yearsimmediatelybeforetheapplication was made, the operator or
an associate of theoperator was convicted for a contravention
of a law thatisorwasatransportActoracorrespondinglawtoatransport Act
and, if so, details of the contravention;(b)whether the operator or an associate of the
operator hashad the operator’s or associate’s BFM
accreditation orAFMaccreditationamended,suspendedorcancelledunder the Act or
a corresponding fatigue law and, if so,details of the
amendment, suspension or cancellation.(4)Subsection(3)(b)doesnotrequiretheoperatortodeclareinformation
about an amendment, suspension or cancellationof a BFM
accreditation or AFM accreditation that happenedbecauseofaconviction,iftheoperatorisnotrequiredtodeclare the information about the conviction
under subsection(3)(a).(5)Theapplicantmustalsoprovideanyotherrelevantinformationreasonablyrequiredbythechiefexecutivetodecide the application.(6)In
this section—transport Actdoes not
include—(a)the Queensland Road Rules; or(b)aregulationmadeundertheActapplyingtothetransport of dangerous goods.145Deciding application for AFM
accreditation(1)The chief executive must, as soon as
reasonably practicableafter receiving an application for AFM
accreditation—(a)grant the accreditation; or(b)refuse the accreditation.(1A)Withoutlimitingsubsection(1)(a),thechiefexecutivemaygrant the accreditation—(a)with or without conditions; orCurrent as at 1 July 2013Page
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Accreditation and exemptions[s 145]ExamplesofconditionsthatmaybeimposedonanAFMaccreditation—•a conditionthata
nameddriver cannotdriveundertheoperator’s AFM accreditation for a
stated period•aconditionthatanamedemployeeorassociateoftheoperator can not be involved in the
operator’s AFM fatiguemanagement system at all or for a
stated period•aconditionrequiringadditionalrecordstobekept,andauditstobeperformed,toensurethatthedriverfatiguemanagement practices applying under the
accreditation arefollowed consistently and effectively(b)setting work and rest hours limits
that are different to thework and rest hours limits sought by
the applicant; or(c)iftheapplicantdoesnotaskforaspecificperiodofaccreditation—for a period of not
longer than 3 years; or(d)if the applicant
asks for a specific period of accreditationof not longer
than 3 years—for a period that is less thanthe period
sought by the applicant.(2)The chief
executive may grant the AFM accreditation only ifthe
chief executive is satisfied—(a)theapplicantisabletocomplywiththisregulation,having regard
to—(i)theinformationprovidedtothechiefexecutiveunder section
144(2) or (5); and(ii)thematterstowhichthechiefexecutivemayormust have had
regard under subsection (3); and(b)theapplicantisasuitablepersontobegrantedAFMaccreditation, having regard
to—(i)theinformationprovidedtothechiefexecutiveunder section
144(3) or (5); and(ii)thematterstowhichthechiefexecutivemayormust have had
regard under subsection (3); and(c)thedriverfatiguemanagementpractices,includingproposedworkandresthourslimits,statedinthePage 122Current as at 1 July 2013
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Accreditation and exemptions[s 145]operator’s AFM fatigue management proposal
would, iffollowed, safely manage the risk of driver
fatigue; and(d)theoperatoranddriversoperatingundertheaccreditationarelikelytofollowthepracticesconsistently and
effectively.(3)In deciding the application, the chief
executive—(a)mayhaveregardtoanythingthechiefexecutiveconsiders relevant including—(i)theresultsofanyauditscarriedoutontheoperator’sAFMfatiguemanagementsystem,orproposed AFM fatigue management
system; and(ii)forassessingtheoperator’sAFMfatiguemanagementproposal—anyrelevantbodyoffatigue knowledge; and(b)must
have regard to—(i)any relevant advice given to the chief
executive bythe fatigue authorities panel; and(ii)anyguidelinesinrelationtoAFMaccreditationissuedbythefatigueauthoritiespanelbynoticepublished in the
Commonwealth gazette.Note—Acopyoftheguidelinesmaybeobtainedfromthedepartment’s website.(4)In approving the work and rest hours
limits that are applicableto a particular AFM accreditation, the
chief executive—(a)must be satisfied that the limits
appear to provide a safebalancebetweenwork,rest,riskmanagementandfatigue countermeasures; and(b)must not set limits—(i)that allow a driver to work more than
the work timeallowed, or to have less than the rest time
required,under the AFM outer limits; orCurrent as at 1 July 2013Page
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Accreditation and exemptions[s 146](ii)that the chief
executive considers would be unsafe,havingregardtotheoperator’sAFMfatiguemanagementproposalandanyrelevantbodyoffatigue knowledge.Note—See section 57 for the AFM outer
limits for drivers of afatigueregulatedheavyvehicleoperatingunderAFMhours.146Steps
if AFM accreditation granted(1)If
the chief executive decides to grant an AFM accreditation,the
chief executive must issue the applicant an accreditationcertificatethatisintheformapprovedbytheAustralianTransport
Council.Note—A copy of the
approved form may be obtained from the department’swebsite.(2)The
accreditation certificate must state the following—(a)the operator has been granted AFM
accreditation;(b)the details of the AFM accreditation,
including—(i)the number identifying the
accreditation; and(ii)the work and
rest hours limits applying under theaccreditation;
and(iii)any conditions
imposed on the accreditation by thechief
executive.(3)The AFM accreditation takes
effect—(a)whentheaccreditationcertificateisissuedtotheapplicant; or(b)if a
later time is stated in the certificate, at the later time.(4)The AFM accreditation applies for the
period of not longerthan 3 years stated in the
accreditation certificate.(5)Subsection (6)
applies if the chief executive decides—Page 124Current as at 1 July 2013
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Accreditation and exemptions[s 147](a)toimposeaconditionontheAFMaccreditationthatwas
not sought by the applicant; or(b)togranttheAFMaccreditationsettingworkandresthours limits
that are different to the work and rest hourslimits sought by
the applicant; or(c)to grant the AFM accreditation—(i)if the applicant does not ask for a
specific period ofaccreditation—for a period of less than 3
years; or(ii)iftheapplicantasksforaspecificperiodofaccreditationofnotlongerthan3years—foraperiodthatislessthantheperiodsoughtbytheapplicant.(6)Thechiefexecutivemustgivetheapplicantaninformationnotice for the
chief executive’s decision.147Steps if AFM
accreditation not grantedIfthechiefexecutivedecidestorefuseanapplicationforAFMaccreditation,thechiefexecutivemustgivetheapplicant an information notice for
the decision.Subdivision 2Operating under
AFM accreditation148Chief executive must issue
interception book for vehicleThechiefexecutivemustissueanoperatorofafatigueregulated heavy
vehicle who holds an AFM accreditation aninterception
book if the operator asks for an interception bookand
pays any fee payable under this regulation for the book.149Conditions of AFM accreditation(1)AnAFMaccreditationissubjecttotheconditionthattheoperatorwhoholdstheaccreditationmustcomplywiththeAFM standards and business
rules.Current as at 1 July 2013Page
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Accreditation and exemptions[s 150](2)An AFM accreditation is also subject
to any other conditionsstated in the accreditation
certificate for the accreditation.(3)TheholderofanAFMaccreditationmustcomplywiththeconditions of the
accreditation.Maximum penalty for subsection (3)—60
penalty units.150Driver must carry AFM accreditation
details(1)This section applies if the driver of
a fatigue regulated heavyvehicle is working under an AFM
accreditation.(2)The driver must keep in the driver’s
possession—(a)acopyoftheaccreditationcertificatefortheAFMaccreditation;
and(b)a document, signed by the operator of
the vehicle whoholds the accreditation, stating that the
driver—(i)isworkingundertheoperator’sAFMaccreditation; and(ii)has
been inducted into the operator’s AFM fatiguemanagement
system; and(iii)meetstherequirementsrelatingtodriversunderthe
operator’s AFM accreditation; and(c)a
document stating the AFM hours applying under theAFM
accreditation.Example for paragraph (c)—The
driver records a statement of the AFM hours applying undertheAFMaccreditationinthedriver’selectronicworkdiary(which is a
document).Note—This subsection
applies even if the driver and operator are the sameperson.Maximum
penalty—20 penalty units.(3)Iftheoperatorhasgiventhedriveradocumentforthepurposes of subsection (2), the driver
must, within 2 businessdays, return the document to the
operator if the driver—Page 126Current as at 1
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Accreditation and exemptions[s 151](a)stops operating under the operator’s
AFM accreditation;or(b)nolongermeetstherequirementsrelatingtodriversunder the
operator’s AFM accreditation.Maximum
penalty—20 penalty units.151General
requirements applying to operator with AFMaccreditation(1)Thissectionappliestoanoperatorofafatigueregulatedheavy vehicle who holds an AFM
accreditation.(2)The operator must ensure that each
driver who works underthe accreditation—(a)is
inducted into the operator’s AFM fatigue managementsystem; and(b)isinformedoftheAFMhoursapplyingundertheaccreditation; and(c)at
all times, meets the requirements relating to driversunder the accreditation.Maximum
penalty—60 penalty units.(3)The operator
must keep—(a)theaccreditationcertificatefortheoperator’sAFMaccreditation; and(b)acurrentlistofdriversoperatingundertheoperator’sAFM
accreditation; and(c)records demonstrating that each of the
drivers—(i)has been inducted into the operator’s
AFM fatiguemanagement system; and(ii)informedoftheAFMhoursapplyingundertheoperator’s AFM accreditation;
and(iii)meetstherequirementsrelatingtodriversunderthe
operator’s AFM accreditation.Maximum
penalty—60 penalty units.Current as at 1 July 2013Page
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Accreditation and exemptions[s 152](4)The operator must keep a document
required to be kept undersubsection (3) for the following
period—(a)foranaccreditationcertificate—whiletheAFMaccreditation is current;(b)foreachlistmadeundersubsection(3)(b)—atleast3years after the list is made;(c)for each record made under subsection
(3)(c)—at least 3years after the record is made.Maximum penalty—60 penalty units.(5)The operator must keep a document
required to be kept undersubsection (3) in a way that ensures
it is—(a)reasonably accessible to an authorised
officer; and(b)readableandreasonablycapableofbeingunderstood;and(c)capable of being used as
evidence.Maximum penalty—20 penalty units.(6)The chief executive may require the
operator to give the chiefexecutive,intheformandwithinthetimerequiredbythechief
executive—(a)a copy of the list mentioned in
subsection (3)(b); and(b)details of any
change to the list.(7)Theoperatormustcomplywitharequirementmadeundersubsection
(6).Maximum penalty for subsection (7)—20
penalty units.152Operator must give notice of
amendment, suspension orending of accreditation(1)This section applies if—(a)an operator of a fatigue regulated
heavy vehicle holds anAFM accreditation; andPage
128Current as at 1 July 2013
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Accreditation and exemptions[s 153](b)the AFM accreditation is amended or
suspended, or theoperator ceases to hold the AFM
accreditation.(2)The operator must as soon as
practicable after the amendment,suspensionorcessationhappensgivenoticeoftheamendment,suspensionorcessationtoanydriverof,orscheduler for, a fatigue regulated
heavy vehicle who may beaffected by the amendment, suspension
or cessation.Maximum penalty—30 penalty units.(3)Ifthedriverofafatigueregulatedheavyvehicleisgivenanotice under subsection (2), the driver
must, within 2 businessdays, return to the operator any
document given to the driverby the operator
for the purposes of section 150(2).Maximum
penalty—20 penalty units.Division 4Exemption for
emergency services153Emergency services exemption(1)An approved person who has
time-critical duties on the wayto,orduring,anemergencyisexemptedinthecourseofcarrying out the duties from the following
provisions—(a)part 3;(b)part
4 other than division 4 or 5.(2)An
approved person mentioned in subsection (1) is exemptedfrom
the provisions of part 4, other than division 4 or 5, whenthe
person is returning from attending the emergency.(3)In this section—approved
personmeans—(a)a
person acting for an emergency service; or(b)another person approved by the chief
executive to carryout duties under this section if an
emergency arises.Current as at 1 July 2013Page
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Accreditation and exemptions[s 154]emergencymeans an event,
or an anticipated event, that—(a)endangers,ormayendanger,life,propertyortheenvironment; or(b)has
disrupted, or may disrupt, communications, energysupply, water supply or sewerage services;
or(c)is declared to be an emergency or
disaster by—(i)the Commonwealth or a State; or(ii)a Commonwealth
or State authority responsible formanaging
responses to emergencies or disasters.Examples of an
emergency—fire, explosion or natural
disasteremergencyservicemeansanentitythathasastatutoryresponsibilitytorespondtoanemergencyandincludesthefollowing—(a)an
ambulance service;(b)a fire brigade, including a volunteer
fire brigade;(c)a police service or police
force;(d)adisasteroremergencyorganisationoftheCommonwealth or a State.Division 5Exemption
granted without anapplication154Grant
of class work and rest hours exemption(1)Thechiefexecutivemay,bygazettenotice,grantanexemption,withorwithoutconditions,toallowaclassofpersonstowhomtheexemptionappliestoworkunderthemaximum periods of work and minimum
periods of rest statedin the exemption (aclass work and rest hours exemption).(2)Thechiefexecutivemaygrantaclassworkandresthoursexemption only if the chief executive is
satisfied—Page 130Current as at 1
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Accreditation and exemptions[s 154](a)compliancewiththeprovisionofthisregulationinrelationtowhichtheexemptionapplieswouldbeanunreasonable restriction on operations
conducted by theclass of persons; and(b)thedriverfatiguemanagementpracticesthataretoapply to the class of persons under
the exemption would,if followed, safely manage fatigue
risks; and(c)the class of persons to which the
exemption is to apply islikelytofollowthepracticesconsistentlyandeffectively; and(d)if
the maximum periods of work and minimum periodsofresttoapplyundertheexemptioncouldbeaccommodatedwithinBFMaccreditationorAFMaccreditation—therequirementsapplyingtoBFMaccreditationorAFMaccreditationwouldbeunreasonable for the operations
conducted by the classof persons, having regard to the
nature of the operations.(3)An exemption
takes effect—(a)when the exemption is gazetted;
or(b)if a later time is stated in the
gazette notice, at the latertime.(4)An exemption applies for the period of
not longer than 3 yearsstated in the gazette notice.(5)The gazette notice is not subordinate
legislation.(6)However, theStatutory
Instruments Act 1992, sections 49 to51applytothegazettenoticeasifitweresubordinatelegislation.Note—Theseprovisionsdealwiththetablingin,anddisallowanceby,theLegislative Assembly of subordinate
legislation.Current as at 1 July 2013Page
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Accreditation and exemptions[s 155]155Amendment, suspension or cancellation
of class workand rest hours exemption(1)This
section states how sections 18 to 19A of the Act apply inrelation to a class work and rest hours
exemption.Note—Sections 18 to
19A of the Act provide for the amendment, suspension orcancellation of an approval (including an
exemption granted by the chiefexecutive) by the
chief executive.(2)Despite section 18 of the Act, the
chief executive may—(a)amend or cancel
a class work and rest hours exemptiononly for a
ground mentioned in section 18(1)(h), (i), (j)or (k) of the
Act; or(b)suspend a class work and rest hours
exemption only fora ground mentioned in section 18(1)(h) or
(k) of the Act.(3)Subject to subsection (4), section 19
of the Act applies to theamendment,suspensionorcancellationwiththefollowingvariations—(a)the
requirement to give a written notice to the holder ofan
approval under section 19(1), (3), (5) or (9) of the Actis
taken to be a requirement to publish a notice in—(i)the gazette; and(ii)anewspapercirculatinggenerallythroughoutQueensland;
and(iii)any other
newspaper the chief executive considersappropriate;Example for
subparagraph (iii)—If the exemption relates to a
particular part of Queensland,the chief
executive may consider it appropriate to publishthe
notice in a newspaper circulating generally in the part.(b)the requirement to state, in a written
notice to the holderof an approval under section 19(1),
(3), (5) or (9) of theAct, information about the holder’s
ability to apply forthe review of particular decisions of
the chief executiveis taken to be a requirement to state the
information inPage 132Current as at 1
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Accreditation and exemptions[s 156]relation to a person whose interests may be
affected bythe chief executive’s decision;(c)a reference to a notice given to the
holder under section19oftheActistakentobeareferencetoanoticepublished in the gazette or a newspaper
under section 19of the Act as varied by this section.(4)Sections 19(2)(c)(ii), (7) and (8)(b)
and 19A of the Act do notapply in relation to a class work and
rest hours exemption.Division 6Exemptions
granted uponapplicationSubdivision
1Preliminary156Definition for div 6In this
division—exemptionmeans—(a)a work and rest hours exemption
granted under section157; or(b)a
work diary exemption.Subdivision 2Exemptions that
may be grantedupon application157Chief
executive may grant work and rest hours exemption(1)Thechiefexecutivemay,uponapplication,grantanexemption to allow persons to whom the
exemption applies toworkunderthemaximumperiodsofworkandminimumperiods of rest
stated in the exemption (awork and rest hoursexemption).Current as at 1 July 2013Page
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Accreditation and exemptions[s 157](2)A work and rest hours exemption may be
granted to any of thefollowing—(a)anemployerofdriversoffatigueregulatedheavyvehicles;(b)aprimecontractorfordriversofafatigueregulatedheavy vehicles;(c)an
operator of a fatigue regulated heavy vehicle;(d)aself-employeddriverofafatigueregulatedheavyvehicle.(3)Thechiefexecutivemaygrantaworkandresthoursexemption only if the chief executive is
satisfied—(a)compliancewiththeprovisionofthisregulationinrelation to which the exemption is sought
would be anunreasonable restriction on operations
conducted by thepersons to which the exemption is to apply;
and(b)thedriverfatiguemanagementpracticesthataretoapplytopersonsundertheexemptionwould,iffollowed, safely manage fatigue risks;
and(c)the persons to which the exemption is
to apply are likelyto follow the practices consistently and
effectively; and(d)if the maximum periods of work and
minimum periodsofresttoapplyundertheexemptioncouldbeaccommodatedwithinBFMaccreditationorAFMaccreditation—therequirementsapplyingtoBFMaccreditationorAFMaccreditationwouldbeunreasonable for the operations
conducted by persons towhichtheexemptionistoapply,havingregardtothenature of the operations.(4)Thechiefexecutivemaygrantaworkandresthoursexemptionincombinationwithanoperator’sBFMaccreditation or AFM accreditation.(5)If the chief executive grants an
exemption under subsection(4), it is a condition of the
exemption that a driver must notwork under the
exemption unless the driver and the operatorPage 134Current as at 1 July 2013
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Management—Fatigue Management) Regulation 2008Part 5
Accreditation and exemptions[s 158]complywithalltheconditionsimposedontheoperator’sBFM
accreditation or AFM accreditation.158Chief
executive may grant work diary exemption(1)Thechiefexecutivemay,uponapplication,grantanexemption that exempts the driver of a
fatigue regulated heavyvehicle from complying with part 4,
division 2 (awork diaryexemption).(2)Aworkdiaryexemptionmaybegrantedtoanyofthefollowing persons—(a)the
driver of a fatigue regulated heavy vehicle;(b)anemployerofanemployeddriverofafatigueregulated heavy vehicle.(3)The
chief executive may grant a work diary exemption onlyif—(a)the chief
executive is satisfied—(i)thedrivercannotmakerecordsinthedriver’sworkdiarybecauseofthedriver’sinadequateEnglish
literacy; and(ii)thenomineeforthedriverwillbeabletomakerecords that are
no less complete or accurate thanrecords made
under part 4, division 2; or(b)the
chief executive is satisfied the driver—(i)is
working under standard hours; and(ii)normally engages in only 200km work;
and(iii)engagesinthe200+kmworkforwhichtheexemption is sought on an infrequent
basis.Current as at 1 July 2013Page
135
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 5
Accreditation and exemptions[s 159]Subdivision 3Obtaining
exemption159Applying for exemption
generally(1)An application for an exemption must
be made in writing tothe chief executive.(2)The application must state the
following—(a)the applicant’s full name;(b)whether the exemption sought is a work
and rest hoursexemption or a work diary exemption;(c)if the applicant is the driver of a
fatigue regulated heavyvehicle—theaddressofthedriver’sbaseandrecordlocation;(d)iftheapplicantisanemployerofdriversoffatigueregulatedheavyvehicles—theaddressoftherecordlocations for the drivers to be covered by
the exemption;(e)theperiod,ofnotlongerthan3years,forwhichtheexemption is sought;(f)any
conditions to which the exemption is sought to besubject.160Additional requirement for application for
work and resthours exemptionAnapplicationforaworkandresthoursexemptionundersection 157 must also—(a)namethedrivers,ordescribetheclassofdrivers,offatigueregulatedheavyvehiclestobecoveredbytheexemption;
and(b)statetheproposedmaximumperiodsofworkandminimum periods of rest that would be
followed by thedrivers operating under the exemption;
and(c)if the proposed maximum periods of
work and minimumperiods of rest to apply under the exemption
could bePage 136Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 5
Accreditation and exemptions[s 161]accommodatedwithinaBFMaccreditationorAFMaccreditation—(i)state the driver fatigue management
practices thatwould be followed by the applicant and the
driversoperating under the exemption; and(ii)showhowthepracticeswouldsafelymanagefatigue risks;
and(iii)showhowtherequirementsapplyingtoBFMaccreditationorAFMaccreditationwouldbeunreasonablefortheoperationsconductedbypersons to which the exemption is to
apply, havingregard to the nature of the operations;
and(d)if the proposed maximum periods of
work and minimumperiods of rest to apply under the exemption
exceed themaximum periods of work or are less than the
minimumperiods of rest under the AFM outer
limits—(i)state the driver fatigue management
practices thatwould be followed by the applicant and the
driversoperating under the exemption; and(ii)showhowthepracticeswouldsafelymanagefatigue
risks.161Additional requirement for application
for work diaryexemption based upon driver’s
illiteracyAn application for a work diary exemption on
the basis of thematters mentioned in section 158(3)(a) must
also—(a)nominate a person (thenominee) to make
written workrecordsforthedriverofafatigueregulatedheavyvehicle to which
the exemption is to apply; and(b)mustbeaccompaniedbythenominee’swrittenagreement to the nomination.Current as at 1 July 2013Page
137
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 5
Accreditation and exemptions[s 162]162Additional requirement for application
for work diaryexemption based upon infrequency of 200+km
workAn application for a work diary exemption on
the basis of themattersmentionedinsection158(3)(b)mustalsoincludedetails of the
following—(a)the 200km work the driver of a fatigue
regulated heavyvehicle to which the exemption is to apply
(thedriver)normally engages in;(b)the200+kmworktobeengagedinbythedriverforwhich the exemption is to apply, including
the frequencywith which the driver proposes to engage in
that work;(c)therecordsthedriverkeepsforthe200kmworkmentioned in
paragraph (a).163Chief executive may request further
informationThechiefexecutivemay,bywrittennoticegiventotheapplicant for an exemption, require
the applicant to give thechief executive any additional
information the chief executivereasonably
requires to decide the application.164Deciding application for exemption(1)Thechiefexecutivemust,assoonaspracticableafterreceiving an application for an
exemption—(a)grant the exemption; or(b)refuse the application.(2)Withoutlimitingsubsection(1)(a),thechiefexecutivemaygrant the exemption—(a)with or without conditions; or(b)foraworkandresthoursexemptionundersection157—in a way
that does not cover all the persons soughtby the
applicant; orPage 138Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 5
Accreditation and exemptions[s 165](c)setting maximum periods of work and
minimum periodsof rest that are different to the periods of
work and theperiods of rest sought by the applicant;
or(d)for a period that is less than the
period of not more than3 years sought by the
applicant.165Steps if exemption granted(1)If the chief executive grants an
exemption, the chief executivemustgivetheapplicantawrittennotice(exemptionnotice)stating the details of the exemption,
including any conditionsimposed on the exemption.(2)An exemption takes effect—(a)when the exemption notice is given to
the applicant; or(b)if a later time is stated in the
exemption notice, at thelater time.(3)An
exemption applies for the period of not longer than 3 yearsstated in the exemption notice.(4)Subsection (5) applies if the chief
executive decides—(a)toimposeaconditionontheexemptionthatwasnotsought by the
applicant; or(b)to grant a work and rest hours
exemption under section157 in a way that does not cover all
the persons soughtby the applicant; or(c)to
grant a work and rest hours exemption under section157settingmaximumperiodsofworkandminimumperiods of rest
that are different to the periods of workand the periods
of rest sought by the applicant; or(d)to
grant an exemption for a period that is less than theperiod of not more than 3 years sought by
the applicant.(5)Thechiefexecutivemustgivetheapplicantaninformationnotice for the
decision.Current as at 1 July 2013Page
139
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 5
Accreditation and exemptions[s 166]166Steps if exemption not grantedIfthechiefexecutivedecidestorefusetheapplication,thechief executive must give the applicant an
information noticefor the decision.Subdivision
4Operating under exemption167Compliance with conditions of
exemption(1)A person to whom a work and rest hours
exemption or workdiary exemption applies must comply with the
conditions ofthe exemption.Maximum
penalty—60 penalty units.(2)In this
section—conditionsmeans—(a)foraclassworkandresthoursexemption—theconditions
stated in the gazette notice for the exemption;or(b)foraworkandresthoursexemptiongrantedundersection 157 or a
work diary exemption—the conditionsstated in the
exemption notice for the exemption.168Driver must carry copy of gazette notice or
exemptionnotice(1)This
section applies if the driver of a fatigue regulated heavyvehicle is working under a work and rest
hours exemption orwork diary exemption.(2)The
driver must keep in the driver’s possession the followingdocument—(a)if
the driver is working under a class work and rest hoursexemption—acopyofthegazettenoticefortheexemption;Page 140Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 5
Accreditation and exemptions[s 168](b)ifthedriverisworkingunderaworkandresthoursexemptiongrantedundersection157oraworkdiaryexemption—the exemption notice for the
exemption.Note—Under section 49
of the Act, an authorised officer may require the driverof a
fatigue regulated heavy vehicle to produce for inspection the
gazettenotice or exemption notice required to be
kept under this section.Maximum penalty—20 penalty
units.(3)If the driver of a fatigue regulated
heavy vehicle is operatingunder an exemption held by a relevant
party for the driver andthe relevant party has given the
driver an exemption notice forthepurposeofsubsection(2),thedrivermust,within2businessdays,returntheexemptionnoticetotherelevantparty if the driver—(a)stops working for the relevant party;
or(b)stops operating under the relevant
party’s exemption; or(c)nolongermeetstherequirementsrelatingtodriversunder the
relevant party’s exemption.Maximum
penalty—20 penalty units.(4)In this
section—exemption notice, for an
exemption, includes a copy of theexemption notice
for the exemption.relevantparty,forthedriverofafatigueregulatedheavyvehicle,
means—(a)an employer of the driver, if the
driver is an employeddriver; or(b)aprimecontractorofthedriver,ifthedriverisaself-employed driver; or(c)an operator of the vehicle if the
driver of the vehicle is tomake a journey
for the operator.Current as at 1 July 2013Page
141
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 5
Accreditation and exemptions[s 169]Division 7Amendment or
cancellation ofaccreditation or exemption uponapplication169Definition for div 7In this
division—exemptionmeans—(a)a work and rest hours exemption
granted under section157; or(b)a
work diary exemption.170Application for
amendment or cancellation ofaccreditation or
exemption(1)A person may apply to the chief
executive for an amendmentorcancellationoftheperson’sBFMaccreditation,AFMaccreditation or exemption.(2)The application must—(a)be in writing; and(b)if
the application is for an amendment—state clearly theamendment sought and the reasons for the
amendment;and(c)be accompanied
by the accreditation certificate for theaccreditation or
exemption notice for the exemption.(3)Thechiefexecutivemay,bywrittennoticegiventotheapplicant, require the applicant to
give the chief executive anyadditional
information the chief executive reasonably requiresto
decide the application.(4)Thechiefexecutivemustdecidetheapplicationassoonaspracticable after receiving it.Page
142Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 5
Accreditation and exemptions[s 171]171Steps if amendment or cancellation
made(1)Ifthechiefexecutivedecidestogranttheapplication,thechief executive must give the applicant
written notice of thedecision.(2)The
amendment or cancellation takes effect—(a)whenwrittennoticeofthedecisionisgiventotheapplicant; or(b)if a
later time is stated in the written notice, at the latertime.172Steps
if amendment or cancellation not madeIfthechiefexecutivedecidesnottoamendorcanceltheaccreditationorexemption,assoughtbytheapplicant,thechief executive must give the applicant an
information noticefor the decision.Division 8Other provisions aboutaccreditations
and exemptions173Return of accreditation certificate or
exemption notice(1)Ifaperson’sBFMaccreditation,AFMaccreditationorexemption is amended or cancelled under the
Act, the chiefexecutive may, by written notice, require
the person to returntheperson’saccreditationcertificateorexemptionnoticetothe chief executive.(2)The person must comply with the notice
within 7 days afterthe notice is given to the person or, if a
longer period is statedin the notice, within the longer
period.Maximum penalty—60 penalty units.(3)If the accreditation or exemption has
been amended, the chiefexecutivemustgivethepersonareplacementaccreditationcertificateorexemptionnoticefortheaccreditationorexemption as amended.Current as at 1
July 2013Page 143
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 5
Accreditation and exemptions[s 174](4)In this section—exemptionmeans—(a)a
work and rest hours exemption granted under section157;
or(b)a work diary exemption.174Replacement of lost etc. accreditation
certificate orexemption notice(1)If a
person’s accreditation certificate for a BFM accreditationor
AFM accreditation, or exemption notice for an exemption,is
defaced, destroyed, lost or stolen, the person must, within
2business days, apply to the chief executive
for a replacementaccreditation certificate or exemption
notice.Note—See—(a)section 142 for the requirement to
keep an accreditation certificatefor a BFM
accreditation while the accreditation is current; and(b)section 151 for the requirement to
keep an accreditation certificatefor an AFM
accreditation while the accreditation is current.Maximum penalty—60 penalty units.(2)Ifthechiefexecutiveissatisfiedthattheaccreditationcertificate or
exemption notice has been defaced, destroyed,lostorstolen,thechiefexecutivemustgivethepersonareplacementaccreditationcertificateorexemptionnoticeassoon as practicable.(3)Ifthechiefexecutivedecidesnottogiveareplacementaccreditation
certificate or exemption notice to the person, thechief executive must give the person an
information notice forthe decision.175Offence to falsely represent that
accreditation orexemption is held(1)A
person must not falsely represent—Page 144Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 5
Accreditation and exemptions[s 176](a)thatthepersonholdsaBFMaccreditation,AFMaccreditationorexemptionthatthepersondoesnothold; or(b)that
the person is operating under a BFM accreditation,AFM
accreditation or exemption that the person is notentitled to work under.Maximum
penalty—60 penalty units.(2)A person must
not represent that the person is operating undera
BFM accreditation, AFM accreditation or exemption if theaccreditation or exemption is no longer in
force.Maximum penalty—60 penalty units.(3)A person must not possess a document
that falsely purports tobe—(a)an
accreditation certificate for a BFM accreditation orAFM
accreditation; or(b)a gazette notice or exemption notice
for an exemption;or(c)a copy of a
document mentioned in paragraph (a) or (b);or(d)a document mentioned in section
141(2)(b) or 150(2)(b)or (c).Maximum
penalty—60 penalty units.176Offences relating
to auditors(1)Apersonmustnotfalselyrepresentthatthepersonisanapproved auditor.Maximum
penalty—60 penalty units.(2)Apersonmustnotfalselyrepresentthatthepersonhasauditedanoperator’sBFMfatiguemanagementsystemorAFM fatigue management system.Maximum penalty—60 penalty units.Current as at 1 July 2013Page
145
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 6 Compliance
and enforcement[s 177](3)A
person must not falsely represent the opinion of an auditorin
relation to an operator’s BFM fatigue management systemor
AFM fatigue management system.Maximum
penalty—60 penalty units.Part 6Compliance and
enforcement177Alternative ways of managing
fatigue—Act, s 15(1)Parts 3 and 4 are prescribed
provisions for section 15(1) of theAct.Note—Under section 15
of the Act, a person who operates a vehicle may applyto
the chief executive for approval of a scheme for an alternative way
tocomply with a prescribed provision.(2)Thepurposeoftheprescribedprovisionsistomanagethefatigue of drivers to help ensure they are
in a fit state of healthand wellbeing to drive fatigue
regulated heavy vehicles safely.178Information offencesAnoffenceagainstthisregulationinvolvingafatigueregulated heavy
vehicle is an information offence for section50 of the
Act.Note—Section 50 of the
Act gives authorised officers the power to require aperson to give information about an
information offence in particularcircumstances.Page 146Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 7 Provisions
about decision making[s 179]Part 7Provisions about decisionmakingDivision 1Referral of particular decisions tofatigue authorities panel179Fatigue authorities panel(1)Thefatigue
authorities panelis the entity—(a)whose members include—(i)the
chief executive; and(ii)eachcorrespondingauthorityresponsiblefortheadministration of a corresponding
fatigue law; and(b)isestablished,andoperates,inaccordancewiththeFatigue Authorities Panel
Rules.(2)In this section—Fatigue
Authorities Panel Rulesmeans the document called‘FatigueAuthoritiesPanelRules’preparedbytheNationalTransportCommissionandapprovedbytheAustralianTransport
Council.Note—A copy of the
Fatigue Authorities Panel Rules may be obtained from theNational Transport Commission’s website on
the internet.Editor’s note—Atthecommencementofthissection,theNationalTransportCommission’s website on the internet was at
<www.ntc.gov.au>.NationalTransportCommissionmeanstheNationalTransportCommissionestablishedundertheNationalTransport
Commission Act 2003(Cwlth), section 5.180Referral of decisions relating to
accreditation orexemption(1)This
section applies if—Current as at 1 July 2013Page
147
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 7 Provisions
about decision making[s 181](a)thechiefexecutiveproposestomakeadecisionthatmay,
or is intended to, have application in—(i)another participating jurisdiction;
or(ii)more than 1
other participating jurisdiction; and(b)the
decision relates to the grant of an AFM accreditationor
exemption under this regulation.(2)The
chief executive must inform the fatigue authorities panelof
the proposed decision.(3)The fatigue
authorities panel may make a recommendation tothe chief
executive about the proposed decision.(4)Ifthefatigueauthoritiespanelgivesthechiefexecutivewritten notice of the recommendation and the
reasons for therecommendation, the chief executive must
have regard to therecommendation of the panel when making the
decision.181Referral of other decisionsInadditiontothemattersmentionedinsection180(1),thechief executive may refer any other
matter under the Act tothe fatigue authorities panel for
consideration.Example of a matter that may be referred to
the panel—asuggestedformatforawrittenworkdiarytobeadoptedbyallparticipating jurisdictionsDivision 2Mutual
recognition of particulardecisions182Mutual recognition of particular
decisions(1)Thissectionprescribesforsection168A(4),definitioncorresponding
administrative action, paragraph (b) of the Act,thekindsofactionsofanadministrativenaturetakenbyacorrespondingauthoritythatareactionstowhichsection168A
of the Act applies.Page 148Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 7 Provisions
about decision making[s 183]Note—Section 168A provides that particular
actions of an administrative naturetaken by
corresponding authorities have effect in Queensland.(2)A decision of a corresponding
authority that is of any of thefollowing kinds
is prescribed—(a)a decision under a corresponding
fatigue law for—(i)section 117; or(ii)section 119; or(iii)section 136;(b)adecisionunderacorrespondingfatiguelawtorecognise(inwhateverway)abusaccreditationasaBFM accreditation under the
law;(c)a decision—(i)toamendorcancelanapprovalofanelectronicrecording
system; or(ii)topermitthecontinueduseofanelectronicrecordingsysteminsteadofcancellingtheapproval of the system;(d)adecisiontoamend,suspendorcancelaBFMaccreditation, AFM accreditation or
exemption grantedby the corresponding authority.(3)In this section—decisionmeans an action of an administrative
nature.Division 3Notification and
recording ofdecisions183Notifying particular corresponding
authorities ofdecisions(1)This
section applies if the chief executive makes a decisionabout—Current as at 1
July 2013Page 149
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 7 Provisions
about decision making[s 184](a)the
grant of a BFM accreditation, AFM accreditation oran
exemption under this regulation; or(b)theamendment,suspensionorcancellationofaBFMaccreditation,
AFM accreditation or an exemption underthis regulation;
or(c)the approval of an electronic
recording system; or(d)anamendmentorcancellationofanapprovalofanelectronic recording system, or
permitting the continueduseofanelectronicrecordingsysteminsteadofcancelling the approval of the
system.(2)The chief executive must give written
notice of the decision toevery corresponding authority in the
participating zone.(3)If the chief executive decides not to
follow a recommendationofthefatigueauthoritiespanel,ordecidestoapplyarecommendationofthefatigueauthoritiespanelsubjecttovariations or conditions, the chief
executive must give writtennotice of the
reasons for its decision to every correspondingauthority in the
participating zone.184Register of decisions(1)Thechiefexecutivemustkeeparegisterofthefollowingdecisions that
are currently in force in this jurisdiction—(a)adecisionofthechiefexecutiveunderthisregulationrelating to any
of the following—(i)theissueofawrittenworkdiaryorreplacementwritten work
diary;(ii)the grant of an
approval of an electronic recordingsystem;(iii)an amendment or
cancellation of an approval of anelectronicrecordingsystem,orpermittingthecontinueduseofanelectronicrecordingsysteminstead of
cancelling the approval of the system;(iv)the
grant of an accreditation or exemption;Page 150Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 7 Provisions
about decision making[s 185](b)a
decision made by the chief executive under chapter 3,part
1A of the Act relating to an amendment, suspensionor
cancellation of an accreditation or exemption grantedunder this regulation;(c)adecisionthathaseffectinthisjurisdictionundersection168AoftheActifthechiefexecutivehasreceivedwrittennoticeofthatdecisionunderacorresponding fatigue law to section
183.(2)Thechiefexecutivemustrecordintheregisterthecancellationoramendmentofanydecisionrecordedintheregister.(3)In this section—decisionmeans an action of an administrative
nature.Division 4Internal and
external review ofdecisions185Internal review of decisions(1)A person whose interests are affected
by a decision describedinschedule4(theoriginaldecision)mayaskthechiefexecutive to
review the decision.(2)The person is
entitled to receive a statement of reasons for theoriginaldecisionwhetherornottheprovisionofthisregulation under
which the decision is made requires that theperson be given
a statement of reasons for the decision.(3)TheTransport Planning and Coordination
Act 1994, part 5,division
2—(a)applies to the review; and(b)provides—(i)for
the procedure for applying for the review andthe way it is to
be carried out; and(ii)thattheoriginaldecisionmaybestayedbytheperson by
applying to QCAT.Current as at 1 July 2013Page
151
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 8 Fees[s
186]186External review of decisions(1)Ifarevieweddecisionisnotthedecisionsoughtbytheapplicantforthereview,thechiefexecutivemustgivetheapplicantaQCATinformationnoticefortherevieweddecision.(2)The
applicant may apply, as provided under the QCAT Act, toQCAT
for a review of the reviewed decision.Note—TheQCATAct,section22(3)providesthatQCATmaystaytheoperation of the reviewed decision,
either on application by a person oron its own
initiative.(3)In this section—QCAT information
noticemeans a notice complying with theQCAT
Act, section 157(2).reviewed decisionmeans the chief
executive’s decision on areview under section 185.Part
8Fees187Fees(1)Fees payable under this regulation are
stated in schedule 5.(2)However,afeeisnotpayableunderthisregulationforaninterception book for a fatigue
regulated heavy vehicle if—(a)the
vehicle is accredited to participate in an alternativecompliance scheme for theTransport Operations (RoadUseManagement—MassDimensionandLoading)Regulation2005,sections7to9andanyfeepayableunder that regulation for the vehicle’s
accreditation intothe scheme has been paid; or(b)the vehicle is accredited to
participate in an alternativecompliance
scheme for theTransport Operations (RoadUseManagement—VehicleStandardsandSafety)Page 152Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 9
Repeal[s 188]Regulation
2010, section 25 and any fee payable
underthatregulationforthevehicle’saccreditationintothescheme has been paid.Part
9Repeal188Repeal of regulationThe Transport
Operations (Road Use Management—FatigueManagement)
Regulation 1998, SL No. 293 is repealed.Part 10Transitional provisionsDivision 1Preliminary189Definitions for pt 10In this
part—2008 regulation arrangementmeans—(a)BFM
accreditation; or(b)AFM accreditation; or(c)aworkandresthoursexemptionotherthanatransitioned work and rest hours exemption;
or(d)a work and rest hours alternative
compliance scheme.commencementmeans the
commencement of this section.correspondingTFMSmeansatransitionalfatiguemanagement scheme established under a
corresponding law tothe repealed regulation.Current as at 1 July 2013Page
153
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 190]drivingrecordsexemptionmeansanexemptionundertherepealedregulation,section95applyinginrelationtothekeeping of driving records.regulatedhoursexemptionmeansanexemptionundertherepealedregulation,section95applyinginrelationtomaximum driving times, maximum work times or
minimumrest times.repealed
regulationmeans the repealedTransport
Operations(RoadUseManagement—FatigueManagement)Regulation1998as
in force before the commencement.TFMSmeans the Transitional Fatigue Management
Schemeestablished under the repealed
regulation.transitionedworkandresthoursexemptionmeansaregulatedhoursexemptionundertherepealedregulationtaken,undersection216,tobeaworkandresthoursexemption granted under this
regulation.190Acts Interpretation Act 1954, s 20 not
limitedThispartdoesnotlimittheActsInterpretationAct1954,section 20.190AInfringement notice offences(1)This section applies if a provision of
this part continues theeffect of a provision of the repealed
regulation that creates anoffence(theoldoffence)inrelationtowhichtheStatePenalties
Enforcement Regulation 2000applied
immediatelybefore 29 September 2008.(2)TheState Penalties
Enforcement Regulation 2000as in
forceimmediately before 29 September 2008
continues to apply inrelationtotheoldoffenceafterthecommencementofthissection.Page
154Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 191]Division 2Transitional provisions about workand
rest hours optionSubdivision 1Continuing
particular work and resthours arrangements191Exemption to apply to particular
drivers(1)Thechiefexecutivemust,bygazettenotice,grantanexemption complying with this section that
allows drivers offatigue regulated heavy vehicles to work
under the maximumperiodsofworkandminimumperiodsofreststatedintheexemption.(2)The
maximum periods of work stated in the exemption mustbe
the same as, or equivalent to, maximum driving times andmaximum work times applying to drivers under
the repealedregulation, part 2.(3)The
exemption—(a)must be granted for a period of 6
months starting at thecommencement; and(b)maybesubjecttoconditionsthechiefexecutiveconsiders appropriate.(4)The
exemption may be granted before the commencement.(5)Despitesubsection(4),theexemptiontakeseffectatthecommencementandappliesfor6monthsafterthecommencement.(6)Theexemptionistakentobeaclassworkandresthoursexemptionfortheprovisionsofthisregulationotherthansection
59.(7)However,subsection(6)doesnotrequirethedriverofafatigueregulatedheavyvehiclewhodoesnotengagein200+km work to comply with part 4 of this
regulation until 14days after the commencement.Current as at 1 July 2013Page
155
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 192](8)Also, the applicationofpart4 in relation to
the driver of afatigue regulated heavy vehicle driving
under the exemption issubject to section 196.(9)The gazette notice is not subordinate
legislation.(10)However,
theStatutory Instruments Act 1992,
sections 49 to51applytothegazettenoticeasifitweresubordinatelegislation.Note—Theseprovisionsdealwiththetablingin,anddisallowanceby,theLegislative Assembly of subordinate
legislation.192BFM hours apply to particular
drivers(1)This section applies to the driver of
a fatigue regulated heavyvehicle who is registered as a driver
participant in the TFMSor a corresponding TFMS.Note—See—(a)section 207 for the continuation of
registrations in the TFMS or acorresponding
TFMS in existence at the commencement; and(b)section 208, 225 or 227 for other provisions
under which a personmay be registered in the TFMS after the
commencement.(2)Until the end of 28 September 2009,
the driver may drive afatigue regulated heavy vehicle under
BFM hours if—(a)thedriveriscarryinghisorherdriver’scertificationmanual or
corresponding certification manual as definedunder the
repealed regulation; and(b)the driver
complies with the driver TFMS requirementsapplicable to
the driver; and(c)if the driver is an employed
driver—(i)the driver’s employer is registered as
an employerparticipant in the TFMS; and(ii)the driver’s
employer complies with the employerTFMS
requirements applicable to the employer.Page 156Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 192]Notes—1If the driver of
afatigue regulated heavy vehicletowhich thissection applies
does not comply with this subsection, part 3 of thisregulation applies to the driver
(unlessthe driver is drivingthevehicle under section 191 or 193).2Seesection209forthecontinuedapplicationofparticularprovisions of the
repealed regulation to a person registered as aparticipant in
the TFMS after the commencement.(3)Subsection (2) stops applying to the driver
if the driver startsoperating under a 2008 regulation
arrangement.(4)For applying this regulation to the
driver of a fatigue regulatedheavyvehicledrivingundersubsection(2),otherthanforsection 59, the driver is taken to be
operating under the workand rest hours option known as BFM
hours as if the driver wasoperating under a BFM
accreditation.(5)Part 4 applies in relation to the
driver of a fatigue regulatedheavy vehicle
driving under subsection (2) as if—(a)the
driver was operating under a BFM accreditation; and(b)therequirementundersection71(1)(e)torecordtheaccreditationnumberoftheBFMaccreditationoftheoperator of the vehicle were a
requirement to record—(i)foranemployeddriver—thedriver’semployer’sTFMS
registration number; or(ii)foraself-employeddriver—thedriver’sTFMSregistration
number; and(c)the driver’s record keeper was—(i)for an employed driver—the driver’s
employer; or(ii)for a
self-employed driver—the driver.(6)However,subsection(5),doesnotrequirethedriverofafatigueregulatedheavyvehiclewhodoesnotengagein200+km work to comply with part 4 of this
regulation until 14days after the commencement.(7)Also, the applicationofpart4 in relation to
the driver of afatigue regulated heavy vehicle driving
under subsection (2) issubject to section 196.Current as at 1 July 2013Page
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Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 193](8)In
this section—driver TFMS requirementsmeans—(a)the requirement applying under the
repealed regulation,section 29; and(b)the
requirements applying under the repealed regulation,section 30 as if subsection (1)(a) of that
section referredto the driver managing the driver’s work
time and resttime so the driver can comply with BFM
hours.employerTFMSrequirementsmeanstherequirementsapplying under
the repealed regulation, section 35 as if—(a)subsection (1)(a) of that section referred
to the employermanagingthedriver’sworktimeandresttimesothedriver is able
to comply with BFM hours; and(b)subsection (1)(d)(ii) of that section
included a referencetomedicalexaminationsundergonebytheemployer’semployed truck
drivers for this regulation.193Hours
under alternative compliance scheme continue toapply to
particular drivers(1)Thissectionappliesif,immediatelybeforethecommencement,thedriverofafatigueregulatedheavyvehicle was
subject to an alternative compliance scheme forthe repealed
regulation, part 2.(2)Until the end of 28 September 2009,
the driver may drive afatigue regulated heavy vehicle under
the alternative work andrest hours applying under the
alternative compliance schemeifthedrivercomplieswiththeconditionsapplyingtothescheme under
section 15(6) of the Act.Note—If
the driver of a fatigue regulated heavy vehicle to which this
sectionappliesdoesnotcomplywiththeconditionsmentionedinthissubsection, part
3 of this regulation applies to the driver (unless thedriver is driving under section 191 or
192).(3)For applying this regulation to the
driver of a fatigue regulateddriver driving
under subsection (2)—Page 158Current as at 1
July 2013
Transport Operations (Road Use
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Transitional provisions[s 194](a)the
driver’s work and rest hours option is taken to be thealternativeworkandresthoursapplyingunderthescheme; and(b)otherthanforsection59,thedriveristakentobeoperatingundermaximumperiodsofworkandminimum periods of rest applying to drivers
of fatigueregulatedheavyvehiclesoperatingunderaworkandrest
hours alternative compliance scheme.(4)Subsections (2) and (3) stop applying to the
driver if the driverstarts operating under a 2008
regulation arrangement.(5)In this
section—alternative work and rest hours,
applying under an alternativecompliance
scheme for the repealed regulation, part 2, meansthemaximumdrivingtimes,maximumworktimesandminimumresttimesapplyingtoapersonsubjecttotheschemethataredifferenttothemaximumdrivingtimes,maximumworktimesandminimumresttimesthatwouldotherwise apply
to the person under the repealed regulation,part 2.Subdivision 2Transferring to
new work and resthours arrangements194Transferring to new work and rest hours
arrangements oncommencement(1)This
section applies to the driver of a fatigue regulated heavyvehiclewhoonthecommencement(changeoverday)stopsoperatingunderanarrangement(existingarrangement)mentionedincolumn1ofthefollowingtableandstartsoperatingunderanarrangement(newarrangement)Current as at 1 July 2013Page
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Transitional provisions[s 194]mentionedincolumn2ofthetableoppositetheexistingarrangement—Column 1Existing arrangementColumn 2New
arrangementmaximum driving times, maximumexemption under section 191work
times and minimum rest timesunder the
repealed regulation, part 2maximum work
times, maximuma work and rest hours optiondriving times and minimum rest timesmentioned in section 37under the
repealed regulation, part 2TFMS under the
repealed regulationBFM hours under section 192TFMS
under the repealed regulationa work and rest
hours optionmentioned in section 37(2)Thedrivermustcontinuetooperateundertheexistingarrangement
until the end of the first period of rest taken, asrequired under the existing arrangement, by
the driver on thechangeover day (therelevant rest
period).(3)From the end of
the relevant rest period, the driver must startoperating under
the new arrangement.(4)For the
changeover day, the driver is taken to have compliedwith
the new arrangements for the day only if the driver hascomplied with—(a)theexistingarrangementuntiltheendoftherelevantrest period;
and(b)the new arrangement from the end of
the relevant restperiod; and(c)theexistingarrangementforany24hourperiodthatincludes any part of the changeover
day.(5)In this section—arrangementmeans
arrangement to the extent it relates to themaximum periods
of work and minimum periods of rest thatapplytothedriverofafatigueregulatedheavyvehicleoperating under
the arrangement.Page 160Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 195]195Transferring to new work and rest hours
arrangementsafter commencement(1)This
section applies to the driver of a fatigue regulated heavyvehiclewho,underthisregulation,onadayafterthecommencement(changeoverday)stopsoperatingunderanarrangement (existing
arrangement) mentioned in column 1ofthefollowingtableandstartsoperatingunderanarrangement(newarrangement)mentionedincolumn2ofthe table opposite the existing
arrangement—Column 1Existing
arrangementColumn 2New
arrangementexemption under section 191BFM
hours under section 192exemption under section 191alternative work and rest hoursunder section 193exemption under
section 191a work and rest hours optionmentioned in section 37BFM hours under
section 192exemption under section 191BFM
hours under section 192alternative work and rest hoursunder section 193BFM hours under
section 192a work and rest hours optionmentioned in section 37alternative work
and rest hours underexemption under section 191section 193alternative work
and rest hours underBFM hours under section 192section 193alternative work
and rest hours undera work and rest hours optionsection 193mentioned in
section 37(2)Thedrivermustcontinuetooperateundertheexistingarrangementuntiltheendofthefirstperiodofresttaken,required under the existing arrangement, by
the driver on thechangeover day (therelevant rest
period).(3)From the end of
the relevant rest period, the driver must startoperating under
the new arrangement.Current as at 1 July 2013Page
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Transitional provisions[s 195](4)For
the changeover day, the driver is taken to have compliedwith
the new arrangement for the day only if the driver hascomplied with—(a)theexistingarrangementuntiltheendoftherelevantrest period;
and(b)the new arrangement from the end of
the relevant restperiod; and(c)thenewarrangementforany24hourperiodthatincludes any part of the changeover
day.(5)Forthedayimmediatelyprecedingthechangeoverday,thedriver is taken to have complied with
the existing arrangementfor the day only if the driver has
complied with—(a)theexistingarrangementuntiltheendoftherelevantrest period;
and(b)the new arrangement from the end of
the relevant restperiod; and(c)thenewarrangementforany24hourperiodthatincludes any part of the changeover
day.(6)In this section—arrangementmeans
arrangement to the extent it relates to themaximum periods
of work and minimum periods of rest thatapplytothedriverofafatigueregulatedheavyvehicleoperating under
the arrangement.Page 162Current as at 1
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Transport Operations (Road Use
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Transitional provisions[s 196]Division 3Transitional provisions aboutdriving recordsSubdivision
1Continuing existing record keepingrequirements for a period196Existing logbook requirements continue
to apply if usingexisting logbook or approved DSMD(1)This section applies if, at the
commencement, the driver of afatigue
regulated heavy vehicle—(a)has a logbook
issued under the repealed regulation thatis not filled
up; or(b)is using an approved DSMD within the
meaning of therepealed regulation.(2)ThedrivermaycontinuetousethelogbookorapprovedDSMD for the
prescribed period if the driver complies withtherepealedregulation,part4asifthisregulationhadnotbeen made.(3)However, if the driver starts operating
under a 2008 regulationarrangement,subsection(2)stopsapplyingtothedriver14days after the driver starts operating
under the 2008 regulationarrangement.(4)For
subsection (2)—(a)therepealedregulation,part4continuestoapplyinrelation to the driver as if this regulation
had not beenmade; and(b)the
repealed regulation, sections 70 and 71 continue toapply, as if this regulation had not been
made, in relationto the driver to the extent the sections
relate to the drivercommittingadrivingrecordoffenceasdefinedintherepealed regulation, section
69.Current as at 1 July 2013Page
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Transitional provisions[s 197](5)Part
4 of this regulation does not apply in relation to the
driverof a fatigue regulated heavy vehicle who is
using a logbook orapproved DSMD under subsection (2).(6)Subsection (5) applies only for the
prescribed period for thedriver.Note—For
this regulation, a logbook issued under the repealed regulation,
andarecordmadebyanapprovedDSMDwithinthemeaningoftherepealed regulation—(a)is a work record (see schedule 6,
definitionwork record,
paragraph(d)); and(b)under
section 206, is taken to be a part of the driver’s work diary
forpart 4, division 2, subdivision 1.(7)In this section—prescribed
period, for the driver of a fatigue regulated
heavyvehicle, means the period—(a)starting at the commencement;
and(b)ending when the first of the following
happens—(i)the driver obtains a written work
diary under thisregulation;(ii)thedriverstartsusinganelectronicworkdiaryunder this
regulation;(iii)ifthedriverisusingalogbookissuedundertherepealed regulation—the logbook is filled
up;(iv)90 days after
the commencement.197Requirements under alternative
compliance schemecontinue to apply(1)This
section applies if—(a)immediately before the commencement,
the driver of afatigueregulatedheavyvehiclewassubjecttoanalternativecomplianceschemefortherepealedregulation, parts 4 and 6; andPage
164Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 198](b)afterthecommencement,thedriverdrivesafatigueregulated heavy
vehicle under section 193(2).(2)While the driver is driving a fatigue
regulated heavy vehicleundersection193(2),thedriver,andthedriver’semployer,maycontinuetomakerecordsunderthealternativerecordrequirementsapplyingunderthealternativecompliancescheme if the
driver complies with the conditions applying tothe scheme under
section 15(6) of the Act.Note—If
the driver of a fatigue regulated heavy vehicle to which this
sectionappliesdoesnotcomplywiththeconditionsmentionedinthissubsection, the
record keeping obligations under part 4 of this regulationapply
in relation to the driver (subject to section 196).(3)Part 4 of this regulation does not
apply in relation to the driverofafatigueregulatedheavyvehicleifthedriverandthedriver’s
employer make records under subsection (2).(4)Subsection (3) applies only for the period
the driver drives afatigue regulated heavy vehicle under
section 193(2).(5)In this section—alternative
record requirement, applying under an alternativecompliance scheme for the repealed
regulation, parts 4 and 6,means the requirements about driving
records applying to apersonsubjecttotheschemethataredifferenttotherequirements about driving records and
logbooks that wouldotherwise apply to the person under the
repealed regulation,parts 4 and 6.Subdivision
2Continuing particular requirementsafter new record keepingrequirements
start applying198Definition for sdiv 2In
this subdivision—Current as at 1 July 2013Page
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Transport Operations (Road Use
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Transitional provisions[s 199]relevantday,forthedriverofafatigueregulatedheavyvehicle, means
the day part 4 of this regulation starts applyingin
relation to the driver instead of the repealed regulation,
part4.Note—See
subdivision 1 for the period for which the repealed regulation,
part 4continues to apply in relation to particular
drivers of fatigue regulatedheavy
vehicles.199Particular information to be recorded
by driver ceasing toengage in non-local area work(1)This section applies if immediately
before the relevant day forthe driver of a
fatigue regulated heavy vehicle—(a)thedriverwasrequiredtocontinuetorecordinformation in
the driver’s logbook until the cut-off timeunder the
repealed regulation, section 47(1); and(b)the
cut-off time had not been reached.(2)The
repealed regulation, section 47 continues to apply to thedriverinrelationtorecordingtheinformationasifthisregulation had
not been made.(3)Forsubsection(2),thedriveristakentocomplywiththerepealedregulation,section47if,insteadofrecordingtheinformationinthedriver’slogbook,thedriverrecordstheinformation in the driver’s written or
electronic work diary ora supplementary record.200Particular information to be recorded
by employer ofemployed driver(1)This
section applies if immediately before the relevant day forthe
driver of a fatigue regulated heavy vehicle—(a)anemployerofthedriverwasrequiredtorecordinformationundertherepealedregulation,section52(1); andPage 166Current as at 1 July 2013
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Transitional provisions[s 201](b)theinformationhadnotbeenrecordedbecausetheperiod within which the information was
required to berecorded had not passed.(2)The
repealed regulation, section 52 continues to apply to theemployerinrelationtorecordingtheinformationasifthisregulation had
not been made.201Particular information to be recorded
by self-employeddriver(1)This
section applies if immediately before the relevant day fora
self-employed driver of a fatigue regulated heavy vehicle—(a)the driver was required to record
information under therepealed regulation, section 53(1);
and(b)theinformationhadnotbeenrecordedbecausetheperiod within which the information was
required to berecorded had not passed.(2)The
repealed regulation, section 53 continues to apply to thedriverinrelationtorecordingtheinformationasifthisregulation had
not been made.202Particular driving records to be given
to employers(1)This section applies if immediately
before the relevant day foran employed
driver of a fatigue regulated heavy vehicle—(a)the
driver was required to give the driver’s employer acopy
of a record under the repealed regulation, section55;
and(b)thecopyhadnotbeengiventothedriver’semployerbecause the period within which the copy was
requiredto be given had not passed.(2)Therepealedregulation,sections55and55Acontinuetoapplyinrelationtothedrivergiving,andtheemployerobtaining, the copy as if this regulation
had not been made.Current as at 1 July 2013Page
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Transitional provisions[s 203]203Non-local area work records to be
kept(1)This section applies if immediately
before the relevant day forthe driver of a
fatigue regulated heavy vehicle—(a)apersonwasrequiredtokeeprecords,relatingtothedriver,undertherepealedregulation,section56(1)or(3);
and(b)theminimumtimeforkeepingtherecordsunderthatsection had not
expired.(2)The repealed regulation, section 56
continues to apply to theperson in relation to keeping the
records as if this regulationhad not been
made.204Local area work records to be
kept(1)This section applies if immediately
before the relevant day forthe driver of a
fatigue regulated heavy vehicle—(a)apersonwasrequiredtokeeprecords,relatingtothedriver,undertherepealedregulation,section57(1)or(3);
and(b)theminimumtimeforkeepingtherecordsunderthatsection had not
expired.(2)The repealed regulation, section 57
continues to apply to theperson in relation to keeping the
records as if this regulationhad not been
made.205Requirements about destroyed etc.
logbook(1)This section applies if—(a)on the relevant day for the driver of
a fatigue regulatedheavy vehicle, the driver has a logbook
issued under therepealed regulation; and(b)the
logbook, or an earlier logbook within the meaning oftherepealedregulation,section58(2),containsinformation relating to a day, within the 28
days beforetherelevantday,onwhichthedriverwasengagedinPage
168Current as at 1 July 2013
Transport Operations (Road Use
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Transitional provisions[s 206]non-localareaworkasdefinedundertherepealedregulation.(2)The
repealed regulation, section 58 continues to apply to theperson in relation to the logbook, or
earlier logbook, as if thisregulation had
not been made.Subdivision 3Other
transitional provision aboutrecord keeping
requirements206Driving records for non-local area
work taken to be partof work diary(1)This
section applies if, on any day within the 28 days beforetherelevantdayforthedriverofafatigueregulatedheavyvehicle,thedriverwasengagedinnon-localareaworkasdefined under the repealed regulation,
section 39.Note—See the repealed
regulation, section 54 for the requirement for the driverto
carry driving records relating to the 28 days before the relevant
day.(2)Forpart4,division2,subdivision1ofthisregulation,thedriver’s driving records, within the meaning
of the repealedregulation,section42relatingtothe28daysbeforetherelevant day are taken to be a part of the
driver’s work diary.Division 4Transitional
provisions aboutregistration for TFMSSubdivision
1Continuing effect of TFMSregistration207Existing TFMS registration continues for 12
months(1)Thissectionappliesif,immediatelybeforethecommencement, a person is registered
as a driver participantCurrent as at 1 July 2013Page
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Transitional provisions[s 208]oremployerparticipantintheTFMSundertherepealedregulation.(2)The
person’s registration continues to have effect until the endof
28 September 2009.(3)Subsection (2)—(a)ceases to apply if—(i)the
person’s registration is cancelled under the Act;or(ii)theperson’sregistrationendsundersection210;and(b)does not apply during any period for
which the person’sregistration is suspended under the
Act.Note—Under section
192, a person whose registration as a driver participant inthe
TFMS is continued under this section may drive under BFM
hoursuntil the end of 28 September 2009.208Existing applications for TFMS
registration must bedecided under repealed regulation(1)An application for registration as a
participant in the TFMSmadeundertherepealedregulation,section77beforethecommencementandnotfinallydecidedbeforethecommencementmustbedecidedundertherepealedregulation as if
this regulation had not been made.(2)If,
under the repealed regulation, the chief executive registersthe
applicant as a participant in the TFMS—(a)the
repealed regulation, section 81(3) and (4) continuesin
effect as if this regulation had not been made; and(b)theperson’sregistrationcontinuestohaveeffectuntilthe end of 28
September 2009.Note—Under section
192, a person who is registered as a driver participant inthe
TFMS under this section may drive under BFM hours until the
endof 28 September 2009.Page 170Current as at 1 July 2013
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Transitional provisions[s 209](3)Subsection (2)(b)—(a)ceases to apply if—(i)the
person’s registration is cancelled under the Act;or(ii)theperson’sregistrationendsundersection210;and(b)does not apply during any period for
which the person’sregistration is suspended under the
Act.(4)If, under the repealed regulation, the
chief executive decidesnot to register the applicant as a
participant in the TFMS, therepealed
regulation, section 81(5) and (6) continues in effectas
if this regulation had not been made.Note—Section 222 provides for the review of
a decision of the chief executivenot to register
the applicant as a participant in the TFMS under thissection.209Application of repealed regulation to TFMS
registration(1)This section applies to—(a)apersonwhoseregistrationasadriverparticipantoremployerparticipantintheTFMSundertherepealedregulation is
continued under section 207; or(b)apersonwhoisregisteredasadriverparticipantoremployerparticipantintheTFMSundersection208,225
or 227.(2)Subject to subsection (3), until the
end of 28 September 2009,the following provisions of the
repealed regulation continue toapply in
relation to the person, or the person’s registration, asif
this regulation had not been made—(a)sections 31 to 33, 36, 82 and 83;(b)part 7, divisions 2 to 4.(3)The repealed regulation, section 91
applies under subsection(2) with the following changes—Current as at 1 July 2013Page
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Transitional provisions[s 210](a)the
reference in the repealed regulation, section 91(1) topart3oftherepealedregulationistakentobeareference to the
following—(i)BFM hours under this
regulation;(ii)the requirements
applying under section 192(2);(b)the
reference in the repealed regulation, section 91(1) or(2)totherepealedregulationistakentoincludeareference to this regulation.(4)Without limiting subsection (2), a
notice given by the chiefexecutive under the repealed
regulation, section 31, 32 or 36before the
commencement continues in force and the repealedregulation section 31, 32 or 36 continues to
apply in relationto the notice as if this regulation had not
been made.(5)Also,untiltheendof28September2009,therepealedregulation,section100continuestoapplytotheperson’sregistration as
if—(a)this regulation had not been made;
and(b)the reference in the repealed
regulation, section 100(6)to part 2 of the repealed regulation
were a reference tosection 192 of this regulation.210Participant may end TFMS
registrationA person’s registration as a participant in
the TFMS ends ifthe person gives the chief executive a
written notice statingthat—(a)thepersonwishestheperson’sregistrationtostophaving effect
under this regulation; and(b)forapersonregisteredasadriverparticipantintheTFMS,thepersonhasdestroyedtheperson’sdrivercertificationmanualasdefinedundertherepealedregulation.Page 172Current as at 1 July 2013
Transport Operations (Road Use
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Transitional provisions[s 211]Subdivision
2Application of particularrequirements after TFMSregistration
ends211Definitions for sdiv 2In
this subdivision—participantmeansapersonwho,onorafterthecommencement,wasregisteredasadriverparticipantoremployer participant in the TFMS under
subdivision 1.relevant day, for a
participant, means—(a)29 September 2009; or(b)anearlierdayafterthecommencementonwhichtheparticipant’s registration ends under the
Act.212Obligation to comply with particular
notices continueafter registration ends(1)This
section applies if—(a)the driver of a fatigue regulated
heavy vehicle operatesunder section 192 after the
commencement; and(b)thechiefexecutivegivesthedriver,orthedriver’semployer, a
notice under the repealed regulation, section31,32or36,ascontinuedundersection209ofthisregulation,
before the relevant day; and(c)the
notice has not been complied with by the relevantday.(2)Thenoticecontinuestohaveeffectandtherepealedregulation, section 31, 32 or 36 continues
to apply in relationto the notice as if this regulation
had not been made.Current as at 1 July 2013Page
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Transitional provisions[s 213]213Application for replacement driver
certification manualstaken to be withdrawn(1)This section applies if a participant
has made an applicationforareplacementdrivercertificationmanualundertherepealedregulation,section82andtheapplicationhasnotbeenfinallydealtwithbeforetherelevantdayfortheparticipant.(2)On
the relevant day, the application is taken to be withdrawn.214Requirement to return driver
certification manual(1)Thissectionappliesifthechiefexecutivehasgivenaparticipant a notice under the repealed
regulation, section 87before the relevant day for the
participant.(2)Thenoticecontinuesinforceandtherepealedregulation,section 87(2)
continues to apply in relation to the notice as ifthis
regulation had not been made.215Reports of review to be kept(1)This section applies if immediately
before the relevant day fora
participant—(a)the participant was required to keep a
report under therepealed regulation, section 90(1);
and(b)theminimumtimeforkeepingthereportunderthatsection had not
expired.(2)The repealed regulation, section 90
continues to apply to theparticipant in relation to the report
as if this regulation had notbeen
made.Page 174Current as at 1
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Transitional provisions[s 216]Division 5Transitional provisions aboutexemptions216Existing exemptions continue(1)Atthecommencement,anexemption(existingexemption)given under the repealed regulation,
section 95 and in forceimmediately before the commencement is
taken to be—(a)iftheexistingexemptionisadrivingrecordsexemption—a work
diary exemption granted under thisregulation;
or(b)iftheexistingexemptionisaregulatedhoursexemption—aworkandresthoursexemptiongrantedunder this regulation.(2)UnlesstheexemptioniscancelledundertheAct,theexemption continues to apply for the term
for which it wasgiven under the repealed regulation.217Existing applications for
exemption(1)Thissectionappliestoanapplicationforanexemption(existingapplication)madeundertherepealedregulation,section 95 and
not finally decided before the commencement.(2)At
the commencement, the existing application is taken to bean
application made under this regulation for—(a)iftheexistingapplicationisforadrivingrecordsexemption—aworkdiaryexemptionmadeunderthisregulation;
or(b)iftheexistingapplicationisforaregulatedhoursexemption—aworkandresthoursexemptionmadeunder this regulation.Current as at 1
July 2013Page 175
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Transitional provisions[s 218]Division 6Transitional provisions aboutenforcement matters218Offences against repealed regulation
continue asinformation offencesAn offence
against the repealed regulation involving a heavyvehicle is an information offence for
section 50 of the Act,despite the repeal of the
regulation.219Limited jeopardy continuesTherepealedregulation,section97continuesineffectforoffencesorcontraventionsofaregulatedhoursoffenceprovision,orTFMSoffenceprovision,mentionedinthesection.220Deferral on prohibition on driving
continues(1)Thissectionappliesif,beforethecommencementofthissection,anauthorisedofficerhas,undertherepealedregulation,section98,deferredthestartofarequirementmade under
section 38 of the Act.(2)Thedeferralcontinuesinforceandtherepealedregulation,section98(4)and(5)continuetoapplyinrelationtothedeferral as if this regulation had not
been made.221Requirement to give particular
information continues(1)Thissectionappliesif,beforethecommencementofthissection, an
authorised officer has asked a person for particularinformation under the repealed regulation,
section 100.(2)Therequestcontinuesinforceandtherepealedregulation,section100(5)and(6)continuestoapplyinrelationtotherequest as if—(a)this
regulation had not been made; andPage 176Current as at 1 July 2013
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Transitional provisions[s 222](b)the
reference in the repealed regulation, section 100(6)to
part 2 of the repealed regulation included a referenceto
section 192 of this regulation.Division 7Transitional provisions aboutreview and appealSubdivision
1Continuing review and appeal rights222Reviews about particular
decisions(1)Subsection (2) applies if—(a)apersonhasmadeanapplicationundertherepealedregulation for a
review of a decision mentioned in therepealed
regulation, schedule 1; and(b)adecisionontheapplicationforreviewhasnotbeenmade before the
commencement of this section.(2)A
decision on the application for review must be made underthe
repealed regulation.(3)Subsection (5)
applies if—(a)immediately before the commencement, a
person couldhave applied under the repealed regulation
for a reviewofadecisionmentionedintherepealedregulation,schedule 1;
and(b)thepersonhasnotmadetheapplicationbeforethecommencement of this section.(4)Subsection (5) also applies if the
chief executive decides notto register an
applicant as a participant in TFMS under section208.(5)The
person may apply to the chief executive for a review ofthe
decision as provided under the repealed regulation, and thechief executive’s decision on that
application must be madeunder the repealed regulation.Current as at 1 July 2013Page
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Transitional provisions[s 223](6)For
subsections (2) and (5), the repealed regulation continuesto
have effect as if this regulation had not been made.223Appeals about particular
decisions(1)Subsection (2) applies if—(a)apersonhasappealedtoacourtundertherepealedregulationagainstadecisionofthechiefexecutiveconfirmingadecisionmentionedintherepealedregulation, schedule 1; and(b)theappealhasnotbeendecidedbeforethecommencement.(2)Thecourtmusthear,orcontinuetohear,anddecidetheappeal under the repealed regulation.(3)Subsection (5) applies if—(a)immediately before the commencement, a
person couldhave appealed to a court under the repealed
regulationagainst a decision mentioned in subsection
(1)(a); and(b)the person has not appealed before the
commencement.(4)Subsection (5) also applies to a
review decision mentioned insection222(3)(a)or(4),226(1)(c),230(1)(c),234(1)(c)or238(1)(c).(5)Thepersonmayappealtothecourtasprovidedundertherepealed regulation, and the court
must hear and decide theappeal under the repealed
regulation.(6)For subsections (2) and (5), the
repealed regulation continuesto have effect
as if this regulation had not been made.Subdivision
2Effect of decisions about refusal toregister applicant in TFMS224Application of sdiv 2(1)This subdivision applies to the
following—Page 178Current as at 1
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Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 225](a)adecisionmadeafterthecommencement(reviewdecision) on
an application for review of a registrationdecision;(b)adecisionmadeafterthecommencement(appealdecision)onanappealagainstadecisionofthechiefexecutive
confirming a registration decision.(2)In
this section—registration decisionmeans a decision
of the chief executivenot to register an applicant as a
driver participant or employerparticipant in
TFMS under the repealed regulation, section 81,including a
decision under section 208 of this regulation.225Effect of review or appeal decision that
person should beregistered in TFMS(1)If
the effect of the review decision or appeal decision is thatthepersontowhichtheregistrationdecisionrelatesberegisteredasadriverparticipantoremployerparticipantinTFMS
under the repealed regulation—(a)the
chief executive must register the person as a driverparticipant or employer participant in TFMS
under therepealedregulationasifthisregulationhadnotbeenmade; and(b)the repealed regulation, section 81(3)
and (4) continuesin effect in relation to the person’s
registration as if thisregulation had not been made;
and(c)theperson’sregistrationcontinuestohaveeffectuntilthe end of 28
September 2009.Notes—1Under section 192, a person who is
registered as a driver participantin the TFMS under
this section may drive under BFM hours untilthe end of 28
September 2009.2Seesection209forthecontinuedapplicationofparticularprovisionsoftherepealedregulationinrelationtoapersonregistered as a
participant in the TFMS after the commencement.(2)Subsection (1)(c)—Current as at 1
July 2013Page 179
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 226](a)ceases to apply if—(i)the
person’s registration is cancelled under the Act;or(ii)theperson’sregistrationendsundersection210;and(b)does not apply during any period for
which the person’sregistration is suspended under the
Act.226Effect of review or appeal decision
that applicant shouldnot be registered in TFMS(1)If the review decision or appeal
decision is a confirmation oftheregistrationdecision,despitetherepealoftherepealedregulation—(a)the
application for registration as a driver participant oremployerparticipantinTFMSundertherepealedregulation
continues to be an application to be dealt withunder the
repealed regulation; and(b)any further
decision about the application must be madeunder the
repealed regulation; and(c)for a review
decision—the person in relation to whomthereviewdecisionismademayappealagainstthereview decision under the repealed
regulation.Note—Section 223(4)
provides for the appeal of a review decision mentionedin
paragraph (c).(2)For subsection (1), the repealed
regulation continues to haveeffect as if
this regulation had not been made.227Effect of appeal decision returning matter
to chiefexecutive(1)If
the court making the appeal decision returns the applicationfor
registration to the chief executive with directions—(a)theapplicationmustbedealtwithundertherepealedregulation;
andPage 180Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 227](b)the
chief executive must follow the court’s directions tothe
extent possible; and(c)if the chief
executive decides that the applicant shouldberegisteredasadriverparticipantoremployerparticipant in
TFMS under the repealed regulation—(i)the
chief executive must register the applicant as adriver participant or employer participant
in TFMSunder the repealed regulation as if this
regulationhad not been made; and(ii)therepealedregulation,section81(3)and(4)continues in effect in relation to the
registration asif this regulation had not been made;
and(iii)the applicant’s
registration continues to have effectuntil the end of
28 September 2009.Notes—1Under section 192, a person who is
registered as a driver participantin the TFMS under
this section may drive under BFM hours untilthe end of 28
September 2009.2Seesection209forthecontinuedapplicationofparticularprovisionsoftherepealedregulationinrelationtoapersonregistered as a
participant in the TFMS after the commencement.(2)Subsection (1)(c)—(a)ceases to apply if—(i)theapplicant’sregistrationiscancelledundertheAct; or(ii)the
applicant’s registration ends under section 210;and(b)doesnotapplyduringanyperiodforwhichtheapplicant’s registration is suspended under
the Act.(3)For subsection (1), the repealed
regulation continues to haveeffect as if
this regulation had not been made.Current as at 1
July 2013Page 181
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 228]Subdivision
3Effect of decisions about refusal tocancel TFMS registration228Application of sdiv 3(1)This
subdivision applies to the following—(a)adecisionmadeafterthecommencement(reviewdecision) on
an application for review of a cancellationdecision;(b)adecisionmadeafterthecommencement(appealdecision)onanappealagainstadecisionofthechiefexecutive
confirming a cancellation decision.(2)In
this section—cancellation decisionmeans a decision
of the chief executivenot to cancel a person’s registration
as a driver participant oremployer participant in TFMS under the
repealed regulation,section 84.229Effect of review or appeal decision that
person’s TFMSregistration be cancelledIf
the effect of the review decision or appeal decision is thatthe
registration to which the cancellation decision relates becancelled,thechiefexecutivemustcanceltheregistrationunder the
repealed regulation, section 84, as continued undersection 209.230Effect of review or appeal decision that
person’s TFMSregistration not be cancelled(1)If the review decision or appeal
decision is a confirmation ofthecancellationdecision,despitetherepealoftherepealedregulation—(a)the
application for cancellation as a driver participant oremployerparticipantinTFMSundertherepealedregulation
continues to be an application to be dealt withunder the
repealed regulation; andPage 182Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 231](b)any
further decision about the application must be madeunder the repealed regulation; and(c)for a review decision—the person in
relation to whomthereviewdecisionismademayappealagainstthereview decision under the repealed
regulation.Notes—1Under section 207, a person’s
registration as a participant in theTFMS under the
repealed regulation ceases to have effect at the endof 28
September 2009.2Under section 210, a person’s
registration as a participant in theTFMS under the
repealed regulation ends if the person gives thechief
executive written notice to that effect.3Section223(4)providesfortheappealofareviewdecisionmentioned in paragraph (c).(2)For subsection (1), the repealed
regulation continues to haveeffect as if
this regulation had not been made.231Effect of appeal decision returning matter
to chiefexecutive(1)If
the court making the appeal decision returns the applicationforcancellationofregistrationtothechiefexecutivewithdirections—(a)theapplicationmustbedealtwithundertherepealedregulation;
and(b)the chief executive must follow the
court’s directions tothe extent possible; and(c)ifthechiefexecutivedecidesthattheperson’sregistrationshouldbecancelled,thechiefexecutivemust
cancel the person’s registration under the repealedregulation, section 84, as continued under
section 209.Notes—1Under section 207, a person’s
registration as a participant in theTFMS under the
repealed regulation ceases to have effect at the endof 28
September 2009.2Under section 210, a person’s
registration as a participant in theTFMS under the
repealed regulation ends if the person gives thechief
executive written notice to that effect.Current as at 1
July 2013Page 183
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 232](2)For
subsection (1), the repealed regulation continues to haveeffect as if this regulation had not been
made.Subdivision 4Effect of
decisions about refusal togrant exemption232Application of sdiv 4(1)This
subdivision applies to the following—(a)adecisionmadeafterthecommencement(reviewdecision) on
an application for review of an exemptiondecision;(b)adecisionmadeafterthecommencement(appealdecision)onanappealagainstadecisionofthechiefexecutive
confirming an exemption decision.(2)In
this section—exemption decisionmeans a decision
of the chief executivenottogiveapersonanexemptionundertherepealedregulation,
section 95.233Effect of review or appeal decision
that person be givenexemptionIf the effect of
the review decision or appeal decision is thatthe person to
whom the exemption decision relates be giventhe exemption,
the chief executive must—(a)if the exemption
is a regulated hours exemption—grantthe person a
work and rest hours exemption under part 5,division 6 of
this regulation as if the application for theregulatedhoursexemptionwereanapplicationforawork and rest hours exemption made
under the part; or(b)if the exemption is a driving records
exemption—grantthe person a work diary exemption under part
5, division6 of this regulation, as if the application
for the drivingrecords exemption were an application for a
work diaryexemption made under the part.Page
184Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 234]234Effect of review or appeal decision that
person not begiven exemption(1)If
the review decision or appeal decision is a confirmation oftheexemptiondecision,despitetherepealoftherepealedregulation—(a)theapplicationfortheexemptioncontinuestobeanapplicationtobedealtwithundertherepealedregulation;
and(b)any further decision about the
application must be madeunder the repealed regulation;
and(c)for a review decision—the person in
relation to whomthereviewdecisionismademayappealagainstthereview decision under the repealed
regulation.Note—Section 223(4)
provides for the appeal of a review decision mentionedin
paragraph (c).(2)For subsection (1), the repealed
regulation continues to haveeffect as if
this regulation had not been made.235Effect of appeal decision returning matter
to chiefexecutive(1)If
the court making the appeal decision returns the applicationfor
exemption to the chief executive with directions—(a)theapplicationmustbedealtwithundertherepealedregulation;
and(b)the chief executive must follow the
court’s directions tothe extent possible; and(c)if the chief executive decides that
the person should begiven the exemption, the chief
executive must—(i)iftheexemptionisaregulatedhoursexemption—grant the person a work and rest
hoursexemptionunderpart5,division6ofthisregulation,asiftheapplicationfortheregulatedhoursexemptionwereanapplicationforaworkand rest hours
exemption made under the part; orCurrent as at 1
July 2013Page 185
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 236](ii)iftheexemptionisadrivingrecordsexemption—grantthepersonaworkdiaryexemptionunderpart5,division6ofthisregulation,asiftheapplicationforthedrivingrecords
exemption were an application for a workdiary exemption
made under the part.(2)For subsection
(1), the repealed regulation continues to haveeffect as if
this regulation had not been made.Subdivision
5Effect of decisions about impositionof
condition on exemption236Application of
sdiv 5(1)This subdivision applies to the
following—(a)adecisionmadeafterthecommencement(reviewdecision) on
an application for review of an exemptioncondition
decision;(b)adecisionmadeafterthecommencement(appealdecision)onanappealagainstadecisionofthechiefexecutive
confirming an exemption condition decision.(2)In
this section—exemption condition decisionmeans a decision of the chiefexecutive to impose a condition on an
exemption given to aperson under the repealed regulation,
section 95.237Effect of review or appeal decision
that condition not beimposed on exemptionIf
the effect of the review decision or appeal decision is thattheexemptiontowhichtheexemptionconditiondecisionrelates must not
be subject to the condition, or be subject todifferentconditions,thechiefexecutivemust,underthisregulation,
amend the exemption as continued under section216 to remove
the condition or amend the conditions imposedon the exemption
in accordance with the review decision.Page 186Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 238]238Effect of review or appeal decision that
condition beimposed on exemption(1)If
the review decision or appeal decision is a confirmation oftheexemptionconditiondecision,despitetherepealoftherepealed regulation—(a)the decision to impose the condition
continues to be adecision to be dealt with under the repealed
regulation;and(b)anyfurtherdecisionaboutthedecisiontoimposethecondition must be made under the repealed
regulation;and(c)for a review
decision—the person in relation to whomthereviewdecisionismademayappealagainstthereview decision under the repealed
regulation.Note—Section 223(4)
provides for the appeal of a review decision mentionedin
paragraph (c).(2)For subsection (1), the repealed
regulation continues to haveeffect as if
this regulation had not been made.239Effect of appeal decision returning matter
to chiefexecutive(1)If
the court making the appeal decision returns the matter tothe
chief executive with directions—(a)themattermustbedealtwithundertherepealedregulation;
and(b)the chief executive must follow the
court’s directions tothe extent possible; and(c)if the chief executive decides that
the exemption shouldnot be subject to the condition, or be
subject to differentconditions,thechiefexecutivemust,underthisregulation,amendtheexemptionascontinuedundersection216toremovetheconditionoramendtheconditionsimposedontheexemptioninaccordancewith the appeal
decision.Current as at 1 July 2013Page
187
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Part 10
Transitional provisions[s 240](2)For
subsection (1), the repealed regulation continues to haveeffect as if this regulation had not been
made.Division 8Other
transitional provisions240References to
repealed regulationIn a document, a reference to the repealed
regulation is, if thecontext permits, taken to be a
reference to this regulation.Page 188Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 1Schedule 1Standard work
and restarrangements and riskcategories for
breachessections 48, 49 and 50Table 1Standard hours—solo driver of fatigue
regulated heavy vehicleColumn 1Total
periodColumn 2Maximumwork
timeColumn 3Minimumrest
timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategoryIn any
periodof ...51/2hrs8 hrs11 hrs24
hrs... a drivermust not
workfor more than...51/4hrs worktime71/2hrs worktime10
hrs worktime12 hrs worktime...
and musthave the restof that
periodoff work, withat least
...15 continuousmins rest
time30 mins resttime, in
blocksof 15continuousmins60 mins resttime, in
blocksof 15continuousminsIf in that perioda driver has
…> 51/4hrs worktime> 71/2hrs worktime≤103/4hrs worktime>
103/4hrs
worktime≤123/4hrs worktime…
thefollowingcategory
ofbreach iscommitted…minor
riskminor riskminor risksubstantialriskminor
riskCurrent as at 1 July 2013Page
189
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 1Column 1Total
periodColumn 2Maximumwork
time7 day(168 hrs)72 hrs
worktimeColumn 3Minimumrest time7
continuoushrs stationaryrest timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategory> 123/4but
not >131/4hrs worktimesubstantialrisk>
131/4but
not >131/2hrs worktime>
131/2hrs
worktimesevere riskcritical
risk< 7 but not < 61/4continuous
hrsstationary resttime<
61/4but
not <53/4continuoushrs
stationaryrest timeminor risksubstantialrisk<
53/4but
not <51/2continuoushrs
stationaryrest time< 51/2continuoushrs
stationaryrest timesevere
riskcritical risk≤731/2hrs worktime>
731/2but
not >741/2hrs worktimeminor
risksubstantialriskPage
190Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 1Column 1Total
periodColumn 2Maximumwork
time14 days(336 hrs)144
hrs worktimeColumn 3Minimumrest timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategory> 741/2but
not >75 hrs worktimesevere risk> 75 hrs
worktimecritical risk24
continuoushrs stationaryrest time<
24 but not <231/4continuoushrs
stationaryrest time< 231/4but
not <223/4continuoushrs
stationaryrest timeminor risksubstantialrisk<
223/4but
not <221/2continuoushrs
stationaryrest time< 221/2continuous hrsstationary
resttimesevere riskcritical
risk≤1451/2hrswork
time> 1451/2but not>
1461/2hrswork timeminor risksubstantialrisk>
1461/2but
not> 147 hrs worktimesevere riskCurrent as at 1
July 2013Page 191
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 1Column 1Total
periodColumn 2Maximumwork
timeColumn 3Minimumrest
time2 x night restbreaks,
and2 x night restbreaks
takenonconsecutivedaysColumn 4Category of
breachCircumstanceofcontraventionRiskcategory> 147 hrs
worktimecritical risk< 7 but not
< 61/4continuous hrsstationary
resttime for eachblockminor
risk< 61/4but not
<53/4continuoushrs
stationaryrest time foreach blocksubstantialrisk<
53/4but
not <51/2continuoushrs
stationaryrest time foreach blocksevere risk< 51/2continuoushrs
stationaryrest time foreach blockcritical risk< 7 but not
< 61/4continuous hrsstationary
resttime for eachblockminor
risk< 61/4but not
<53/4continuoushrs
stationaryrest time foreach blocksubstantialriskPage
192Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 1Column 1Total
periodColumn 2Maximumwork
timeColumn 3Minimumrest
timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategory< 53/4but
not <51/2continuoushrs
stationaryrest time foreach blocksevere risk< 51/2continuoushrs
stationaryrest time foreach blockcritical riskTable 2Standard hours—solo driver of a busColumn 1Total
periodColumn 2Maximumwork
timeColumn 3Minimumrest
timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategoryIn any
periodof ...51/2hrs8 hrs... a
drivermust not workfor more
than...51/4hrs worktime71/2hrs worktime... and musthave the
restof that periodoff work,
withat least ...15
continuousmins rest time30 mins
resttime, in blocksof 15continuousminsIf in
that perioda driver has …> 51/4hrs
worktime> 71/2hrs worktime… thefollowingcategory ofbreach iscommitted…minor riskminor
riskCurrent as at 1 July 2013Page
193
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 1Column 1Total
periodColumn 2Maximumwork
time11 hrs10 hrs
worktime24 hrs12 hrs
worktimeColumn 3Minimumrest timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategory60 mins
resttime, in blocksof 15continuousmins≤103/4hrs worktime> 103/4hrs worktime≤123/4hrs worktimeminor
risksubstantialriskminor
risk7 continuoushrs
stationaryrest time> 123/4but
not >131/4hrs worktime>
131/4but
not >131/2hrs worktime>
131/2hrs
worktime< 7 but not < 61/4continuous hrsstationary
resttimesubstantialrisksevere riskcritical
riskminor risk< 61/4but
not <53/4continuoushrs
stationaryrest time< 53/4but
not <51/2continuoushrs
stationaryrest time< 51/2continuoushrs
stationaryrest timesubstantialrisksevere riskcritical
riskPage 194Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 1Column 1Total
periodColumn 2Maximumwork
time7 days(168 hrs)28
days(672 hrs)288 hrs
worktimeColumn 3Minimumrest time6 x
night restbreaksColumn 4Category of breachCircumstanceofcontraventionRiskcategory< 7 but not
< 61/4continuous hrsstationary
resttime for eachblock<
61/4but
not <53/4continuoushrs
stationaryrest time foreach block<
53/4but
not <51/2continuoushrs
stationaryrest time foreach blockminor
risksubstantialrisksevere risk< 51/2continuoushrs
stationaryrest time for eachblock≤2891/2hrswork
timecritical riskminor risk>
2891/2but
not> 2901/2hrswork
timesubstantialrisk>
2901/2but
not> 291 hrs worktimesevere risk> 291 hrs
worktimecritical riskCurrent as at 1
July 2013Page 195
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 1Column 1Total
periodColumn 2Maximumwork
timeColumn 3Minimumrest
timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategory4 x 24continuous hrsstationary
resttime< 24 but not <231/4continuoushrs
stationaryrest time foreach block<
231/4but
not <223/4continuoushrs
stationaryrest time foreach block<
223/4but
not <221/2continuoushrs
stationaryrest time foreach block<
221/2continuous hrsstationary
resttime for eachblockminor
risksubstantialrisksevere riskcritical
riskPage 196Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 1Table
3Standard hours—two-up driver of fatigue
regulated heavy vehicleColumn 1Total
periodColumn 2Maximumwork
timeColumn 3Minimumrest
timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategoryIn any
periodof ...51/2hrs8 hrs11 hrs24
hrs... a drivermust not
workfor more than...51/4hrs worktime71/2hrs worktime10
hrs worktime12 hrs worktime...
and musthave the restof that
periodoff work, withat least
...15 continuousmins rest
time30 mins resttime, in
blocksof 15continuousmins60 mins resttime, in
blocksof 15continuousminsIf in that perioda driver has
…> 51/4hrs worktime> 71/2hrs worktime≤103/4hrs worktime>
103/4hrs
worktime≤123/4hrs worktime>
123/4but
not >131/4hrs worktime>
131/4but
not >131/2hrs worktime>
131/2hrs
worktime… thefollowingcategory ofbreach iscommitted…minor riskminor
riskminor risksubstantialriskminor
risksubstantialrisksevere riskcritical
riskCurrent as at 1 July 2013Page
197
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 1Column 1Total
period52 hrsColumn 2Maximumwork timeColumn 3Minimumrest
timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategory5
continuoushrs stationaryrest time, or
5continuous hrsrest time in
anapprovedsleeper
berthwhile thevehicle ismoving< 5 but not
< 41/4continuous hrsof the
relevantrest time< 41/4but
not <33/4continuoushrs of therelevant resttime<
33/4but
not <31/2continuoushrs of therelevant resttime<
31/2continuoushrs of therelevant resttimeminor
risksubstantialrisksevere riskcritical
risk10 continuoushrs
stationaryrest time< 10 but not
<91/4continuoushrs
stationaryrest time< 91/4but
not <83/4continuoushrs
stationaryrest timeminor risksubstantialriskPage
198Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 1Column 1Total
periodColumn 2Maximumwork
time7 days(168 hrs)60
hrs worktimeColumn 3Minimumrest timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategory< 83/4but
not <81/2continuoushrs
stationaryrest timesevere
risk< 81/2continuoushrs
stationaryrest timecritical
risk> 60 hrs but not> 611/2hrs
worktime> 611/2hrs butnot
> 621/2hrswork time> 621/2hrs
butnot > 63 hrswork timeminor
risksubstantialrisksevere risk> 63 hrs
worktimecritical risk24
continuoushrs stationaryrest time,
and< 24 but not <231/4continuoushrs
stationaryrest time< 231/4but
not <223/4continuoushrs
stationaryrest timeminor risksubstantialrisk<
223/4but
not <221/2continuoushrs
stationaryrest timesevere
riskCurrent as at 1 July 2013Page
199
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 1Column 1Total
periodColumn 2Maximumwork
timeColumn 3Minimumrest
timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategory< 221/2continuous hrsstationary
resttimecritical risk24 hrsstationary resttime in
blocksof at least 7continuous
hrsstationary< 24 but not
<231/4hrsstationary
resttime in totalminor risk<
7 but not < 61/4continuous hrsstationary
resttime for eachblock<
231/4but
not <223/4hrsstationary
resttime in totalminor risksubstantialrisk<
61/4but
not <53/4continuoushrs
stationaryrest time foreach block<
223/4but
not <221/2hrsstationary
resttime in totalsubstantialrisksevere riskPage 200Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 1Column 1Total
periodColumn 2Maximumwork
time14 days(336 hrs)120
hrs worktimeColumn 3Minimumrest time2 x
night restbreaks, andColumn 4Category of breachCircumstanceofcontraventionRiskcategory< 53/4but
not <51/2continuoushrs
stationaryrest time foreach blocksevere risk< 221/2hrsstationary resttime in
total< 51/2continuoushrs
stationaryrest time foreach blockcritical riskcritical
risk> 120 hrs butnot >
1211/2hrswork time> 1211/2hrs
butnot > 1221/2hrswork
time> 1221/2hrs butnot
> 123 hrswork timeminor risksubstantialrisksevere risk> 123 hrs
worktime< 7 but not < 61/4continuous hrsstationary
resttime for eachblockcritical riskminor riskCurrent as at 1 July 2013Page
201
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 1Column 1Total
periodColumn 2Maximumwork
timeColumn 3Minimumrest
time2 x night restbreaks
takenonconsecutivedaysColumn 4Category of
breachCircumstanceofcontraventionRiskcategory< 61/4but
not <53/4continuoushrs
stationaryrest time foreach blocksubstantialrisk<
53/4but
not <51/2continuoushrs
stationaryrest time foreach block<
51/2continuoushrs
stationaryrest time foreach blocksevere riskcritical
risk< 7 but not < 61/4continuous
hrsstationary resttime for
eachblock< 61/4but
not <53/4continuoushrs
stationaryrest time foreach blockminor
risksubstantialrisk<
53/4but
not <51/2continuoushrs
stationaryrest time foreach blocksevere riskPage 202Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 1Column 1Total
periodColumn 2Maximumwork
timeColumn 3Minimumrest
timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategory< 51/2continuoushrs
stationaryrest time foreach blockcritical riskCurrent as at 1
July 2013Page 203
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 2Schedule 2BFM work and
restarrangements and riskcategories for
breachessections 53 and 55Table 1BFM
hours—solo driver of fatigue regulated heavy vehicleColumn 1Total
periodColumn 2Maximumwork
timeColumn 3Minimumrest
timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategoryIn any
periodof ...61/4hrs9 hrs12 hrs24
hrs... a drivermust not
workfor more than...6 hrs
worktime81/2hrs worktime11 hrs worktime14
hrs worktime... and musthave the
restof that periodoff work,
withat least ...15
continuousmins rest time30 mins
resttime, in blocksof 15continuousmins60
mins resttime, in blocksof 15continuousminsIf in
that perioda driver has …> 6 hrs
worktime> 81/2hrs worktime≤113/4hrs worktime>
113/4hrs
worktime≤143/4hrs worktime…
thefollowingcategory
ofbreach iscommitted…minor
riskminor riskminor risksubstantialriskminor
riskPage 204Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 2Column 1Total
periodColumn 2Maximumwork
time7 days(168 hrs)36
hrslong/nightwork timeColumn 3Minimumrest
time7 continuoushrs
stationaryrest timeColumn 4Category of breachCircumstanceofcontraventionRiskcategory> 143/4but
not >151/4hrs worktimesubstantialrisk>
151/4but
not >151/2hrs worktime>
151/2hrs
worktimesevere riskcritical
risk< 7 but not < 61/4continuous
hrsstationary resttime<
61/4but
not <53/4continuoushrs
stationaryrest timeminor risksubstantialrisk<
53/4but
not <51/2continuoushrs
stationaryrest timesevere
risk< 51/2continuouscritical riskhrs
stationaryrest time≤363/4hrslong/night
worktime> 363/4but not
>371/4hrslong/night
worktimeminor risksubstantialriskCurrent as at 1 July 2013Page
205
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 2Column 1Total
periodColumn 2Maximumwork
time14 days(336 hrs)144
hrs worktimeColumn 3Minimumrest timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategory> 371/4but
not >371/2hrslong/night
worktimesevere risk> 371/2hrslong/night worktime≤1451/2hrswork
timecritical riskminor risk>
1451/2but
not> 1461/2hrswork
timesubstantialrisk>
1461/2but
not> 147 hrs worktimesevere risk> 147 hrs
worktimecritical risk24
continuoushrs stationaryrest time
takenafter no morethan 84
hrswork time,and<
24 but not <231/4continuoushrs
stationaryrest timeminor risk<
231/4but
not <223/4continuoushrs
stationaryrest timesubstantialriskPage
206Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 2Column 1Total
periodColumn 2Maximumwork
timeColumn 3Minimumrest
timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategory< 223/4but
not <221/2continuoushrs
stationaryrest timesevere
risk< 221/2continuous
hrsstationary resttimecritical risk24
continuoushrs stationaryrest time,and< 24 but not
<231/4continuoushrs
stationaryrest time< 231/4but
not <223/4continuoushrs
stationaryrest time< 223/4but
not <221/2continuoushrs
stationaryrest timeminor risksubstantialrisksevere risk2 x night
restbreaks, and< 221/2continuous hrsstationary
resttime< 7 but not < 61/4continuous hrsstationary
resttime for eachblockcritical riskminor riskCurrent as at 1 July 2013Page
207
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 2Column 1Total
periodColumn 2Maximumwork
timeColumn 3Minimumrest
time2 x night restbreaks
takenonconsecutivedaysColumn 4Category of
breachCircumstanceofcontraventionRiskcategory< 61/4but
not <53/4continuoushrs
stationaryrest time foreach blocksubstantialrisk<
53/4but
not <51/2continuoushrs
stationaryrest time foreach block<
51/2continuoushrs
stationaryrest time for eachblocksevere riskcritical
risk< 7 but not < 61/4continuous
hrsstationary resttime for
eachblock< 61/4but
not <53/4continuoushrs
stationaryrest time foreach blockminor
risksubstantialrisk<
53/4but
not <51/2continuoushrs
stationaryrest time foreach blocksevere riskPage 208Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 2Column 1Total
periodColumn 2Maximumwork
timeColumn 3Minimumrest
timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategory< 51/2continuoushrs
stationaryrest time foreach blockcritical riskTable 2BFM
hours—two-up driver of fatigue regulated heavy vehicleColumn 1Total
periodIn any periodof ...24
hrsColumn 2Maximumwork
time... a drivermust not
workfor more than...14
hrs worktimeColumn 3Minimumrest time...
and musthave the restof that
periodoff work, withat least
...10 hrs totalrest time
thatis stationaryrest time
orrest time in anapprovedsleeper berthwhile thevehicle ismovingColumn 4Category of
breachCircumstanceofcontraventionIf in that
perioda driver has …≤143/4hrs worktimeRiskcategory…
thefollowingcategory
ofbreach iscommitted…minor
risk> 143/4but not
>151/4hrs worktimesubstantialriskCurrent as at 1 July 2013Page
209
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 2Column 1Total
periodColumn 2Maximumwork
time82 hrs7 days(168
hrs)70 hrs worktimeColumn 3Minimumrest
time10 continuoushrs
stationaryrest timeColumn 4Category of breachCircumstanceofcontraventionRiskcategory> 151/4but
not >151/2hrs worktime>
151/2hrs
worktimesevere riskcritical
risk< 10 but not <91/4continuoushrs
stationaryrest time< 91/4but
not <83/4continuoushrs
stationaryrest time< 83/4but
not <81/2continuoushrs
stationaryrest time< 81/2continuoushrs
stationaryrest timeminor risksubstantialrisksevere riskcritical
risk> 70 hrs but not> 711/2hrs
worktime> 711/2hrs butnot
> 721/2hrswork time> 721/2hrs
butnot > 73 hrswork timeminor
risksubstantialrisksevere riskPage 210Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 2Column 1Total
periodColumn 2Maximumwork
timeColumn 3Minimumrest
timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategory24
continuoushrs stationaryrest time,
and24 hrsstationary
resttime in blocksof at least
7continuous hrs> 73 hrs
worktime< 24 but not <231/4continuoushrs
stationaryrest time< 231/4but
not <223/4continuoushrs
stationaryrest time< 223/4but
not <221/2continuoushrs
stationaryrest time< 221/2continuous hrsstationary
resttime< 24 but not <231/4hrsstationary
resttime in total< 7 but not
< 61/4continuous hrsstationary
resttime for eachblock<
231/4but
not <223/4hrsstationary
resttime in totalcritical
riskminor risksubstantialrisksevere riskcritical
riskminor riskminor risksubstantialriskCurrent as at 1 July 2013Page
211
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 2Column 1Total
periodColumn 2Maximumwork
time14 days(336 hrs)140
hrs worktimeColumn 3Minimumrest timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategory< 61/4but
not <53/4continuoushrs
stationaryrest time foreach block<
223/4but
not <221/2hrsstationary
resttime in total< 53/4but
not <51/2continuoushrs
stationaryrest time foreach block<
221/2hrsstationary resttime in
total< 51/2continuoushrs
stationaryrest time foreach block≤1411/2hrswork
time> 1411/2but not>
1421/2hrswork time> 1421/2but
not> 143 hrs worktimesubstantialrisksevere risksevere
riskcritical riskcritical
riskminor risksubstantialrisksevere risk> 143 hrs
worktimecritical riskPage 212Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 2Column 1Total
periodColumn 2Maximumwork
timeColumn 3Minimumrest
timeColumn 4Category of
breachCircumstanceofcontraventionRiskcategory4x7continuous hrsstationary
resttime between10p.m. on
aday and 8a.m.on the
nextday, using thetime zone
ofthe base of thedriver<
7 but not < 61/4continuous hrsstationary
resttime for eachblock<
61/4but
not <53/4continuoushrs
stationaryrest time foreach block<
53/4but
not <51/2continuoushrs
stationaryrest time foreach block<
51/2continuoushrs
stationaryrest time for eachblockminor
risksubstantialrisksevere riskcritical
riskCurrent as at 1 July 2013Page
213
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 3Schedule 3AFM work and
rest hoursarrangements and riskcategories for
breachessections 56 and 57Part 1AFM
outer limitsTableAFM outer
limits—hoursColumn 1Total
periodIn any period of ...24 hrsColumn 2Maximum work
timeColumn 3Minimum rest
time... a driver must not work for...
and must have the rest ofmore than ...that period off
work, with atleast ...16 hrs work
time6 continuous hrs stationaryrest
time (or in the case of adriver who is a party to atwo-up driving arrangment, 6continuous hrs of stationaryrest
time or rest time in anapproved sleeper berth whilethe
vehicle is moving)OR8 hrs stationary rest timetaken
in no more than 2blocks (or in the case of adriver who is a party to atwo-up driving arrangement,8 hrs
stationary rest time orrest time in an approvedsleeper berth while thevehicle is
moving, taken inno more than 2 blocks)Page 214Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 3Column 1Total
period14 days(336 hrs)28
days(672 hrs)Column 2Maximum work time154 hrs work
time288 hrs work timeColumn 3Minimum rest time2 x 7 continuous
hrsstationary rest time between10p.m. on a day and 8a.m. onthe
next day, using the timezone of the driver’s base4 x
24 continuous hrsstationary rest timePart 2Categories of breaches for AFMhoursTable 1AFM
hours—categories of breachesColumn 1Total periodIn any period of
…Less than 7 daysColumn 2Category of breachCircumstance
ofcontraventionrelating to
worktimeCircumstance
ofcontraventionrelating to
resttimeRisk
categoryIf a driver hasexceeded
themaximum work timeby …If a
driver had hadless than theminimum rest
timeby …… the followingcategory of
breach iscommitted …≤45
mins worktime> 45 but≤75
minswork time> 75
but≤90 minswork time>
90 mins worktime≤45
mins resttime> 45 but≤75mins rest time> 75
but≤90mins rest
time> 90 mins resttimeminor
risksubstantial risksevere
riskcritical riskCurrent as at 1
July 2013Page 215
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 3Column 1Total
period7 days or moreColumn 2Category of breachCircumstance
ofcontraventionrelating to
worktimeCircumstance
ofcontraventionrelating to
resttime≤11/2hours worktime>
11/2but≤21/2hours
work time> 21/2but≤3 hourswork time>
3 hours worktimeRisk
categoryminor risksubstantial
risksevere riskcritical
riskTable 2AFM outer
limits—categories of breachesColumn 1Total periodIn any period of
…Less than 7 days7 days or
moreColumn 2Category of
breachCircumstance ofcontraventionrelating to
worktimeCircumstance
ofcontraventionrelating to
resttimeRisk
categoryIf a driver hasexceeded
themaximum work timeby …If a
driver had hadless than theminimum rest
timeby …… the followingcategory of
breach iscommitted …≤15
mins worktime> 15 mins but≤30mins work time> 30 mins
worktime≤30
mins worktime> 30 mins but≤1hour work time> 1 hour work
time≤15 mins resttime>
15 mins but≤30 mins resttime>
30 mins resttimesubstantial risksevere
riskcritical risksubstantial
risksevere riskcritical
riskPage 216Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule
3ASchedule 3AWork and rest
hoursexemptions risk categories forbreachessection
57ATableWork and rest
hours—categories of breachesColumn 1Total periodIn any period of
…Less than 7 days7 days or
moreColumn 2Category of
breachCircumstance ofcontraventionrelating to
worktimeCircumstance
ofcontraventionrelating to
resttimeRisk
categoryIf a driver hasexceeded
themaximum work timeby …If a
driver had hadless than theminimum rest
timeby …… the followingcategory of
breach iscommitted …≤45
mins worktime> 45 but≤75
minswork time> 75
but≤90 minswork time>
90 mins worktime≤11/2hours worktime>
11/2but≤21/2hours
work time> 21/2but≤3 hourswork time>
3 hours worktime≤45
mins resttime> 45 but≤75mins rest time> 75
but≤90mins rest
time> 90 mins resttimeminor
risksubstantial risksevere
riskcritical riskminor risksubstantial risksevere
riskcritical riskCurrent as at 1
July 2013Page 217
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 4Schedule 4Reviewable
decisionssection 185Section
underwhich decisionmadeDescription of decisionsection
119(1)decision of chief executive not to grant an
applicationfor an approval of an electronic recording
systemsection 119(1)decision of
chief executive to impose a condition onan approval of
an electronic recording systemsection
127(4)decision of chief executive not to make
decisionsought for an application for amendment
orcancellation of an approval of an electronic
recordingsystemsection
128decision of chief executive to amend or
cancel anapproval of an electronic recording system,
withoutan applicationsection
130decision of chief executive to permit the
continueduse of an electronic recording system only
for astated period or subject to stated
conditionssection 136(1)(b)decision of
chief executive not to grant a BFMaccreditationsection
136(1A)(a)decision of chief executive to impose on a
BFMaccreditation a condition not sought by the
applicantsection 136(1A)(b)decision of
chief executive to grant a BFMaccreditation
for a period of less than 3 yearssection
136(1A)(c)decision of chief executive to grant a
BFMaccreditation for a period that is less than
the periodsought by the applicantsection
145(1)(b)decision of chief executive not to grant an
AFMaccreditationPage 218Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 4Section underwhich
decisionmadeDescription of decisionsection 145(1A)(a)decision of
chief executive to impose on an AFMaccreditation a
condition not sought by the applicantsection
145(1A)(b)decision of chief executive to grant an
AFMaccreditation setting work and rest hours
limits thatare different to the work and rest hours
limits soughtby the applicantsection
145(1A)(c)decision of chief executive to grant an
AFMaccreditation for a period of less than 3
yearssection 145(1A)(d)decision of
chief executive to grant an AFMaccreditation
for a period that is less than the periodsought by the
applicantsection 164(1)(b)decision of
chief executive not to grant a work andrest hours
exemptionsection 164(1)(b)decision of
chief executive not to grant a work diaryexemptionsection 164(2)(a)decision of
chief executive to impose on a work andrest hours
exemption or work diary exemption acondition not
sought by the applicantsection 164(2)(b)decision of
chief executive to grant a work and resthours exemption
that does not apply to a personsought by the
applicant to be covered by theexemptionsection 164(2)(c)decision of
chief executive to grant a work and resthours exemption
setting maximum periods of workand minimum
periods of rest that are different to theperiods of work
and periods of rest sought by theapplicantsection 164(2)(d)decision of
chief executive to grant a work and resthours exemption
or work diary exemption for aperiod that is
less than the period sought by theapplicantCurrent as at 1 July 2013Page
219
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 4Section underwhich
decisionmadeDescription of decisionsection 170(4)section
174decision of chief executive not to make
decisionsought in an application for amendment
orcancellation of an accreditation or
exemptiondecision of chief executive not to give a
replacementaccreditation certificate or exemption
noticePage 220Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 5Schedule 5Feessection 187$1Issue of work diary (s 117). .
. . . . . . . . . . . . . . . . . . . . . . .21.252Issue of interception book (s 139 or
148). . . . . . . . . . . . . .16.553Application for BFM accreditation (s 135) .
. . . . . . . . . . . .85.204Application for AFM accreditation (s 144) .
. . . . . . . . . . . .153.10Current as at 1
July 2013Page 221
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 6Schedule 6Dictionarysection 5Page
222200km worksee section
60(1).200+km workseesection 60(2).accreditation
certificate, for a BFM accreditation, means—(a)forabusaccreditationrecognised(inwhateverway)underacorrespondingfatiguelawasaBFMaccreditationunderthelaw—thecertificate(howevercalled)issuedforthebusaccreditationunderthelawunder which the
bus accreditation was granted; or(b)foranotherBFMaccreditation—theaccreditationcertificate
issued for the accreditation under section 137or a
corresponding fatigue law.accreditation certificate,
for an AFM accreditation, means theaccreditationcertificateissuedfortheaccreditationundersection 146 or a corresponding fatigue
law.ADRmeansanationalstandardundertheMotorVehicleStandards Act 1989(Cwlth), section
7.AFMaccreditation,otherthanforpart5,division3,subdivision 1, means an accreditation
granted under section145 that is in force.AFMfatiguemanagementproposal,foranoperatorofafatigueregulatedheavyvehicle,meansaproposalbytheoperator stating—(a)the
proposed work and resthours limits for drivers ofthe
vehicle; and(b)therisksinvolvedwithoperatingundertheproposedworkandresthourslimits,andtheproposedcountermeasures
that are designed to manage the risks;and(c)the other details required under the
AFM standards andbusiness rules.Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 6Note—AnAFMfatigue management proposalmaybe basedon a
specificcompany operation, on a template developed
by an industry group, or ona commercial basis.AFMfatiguemanagementsystem,foranoperatorofafatigueregulatedheavyvehicle,meanstheoperator’smanagement
system for ensuring compliance with the AFMstandards and
business rules, including by—(a)recording the name, driver licence number
and contactdetails of each driver who is currently
operating underthe operator’s AFM accreditation; and(b)ensuring that each of the drivers is
in a fit state—(i)to safely perform required duties;
and(ii)to meet any
specified medical requirements; and(c)ensuring that each of the drivers—(i)has been inducted into the system;
and(ii)hasbeeninformedoftheAFMhoursapplyingunder the operator’s AFM accreditation;
and(d)ensuringthatanyoneemployedintheoperator’sbusiness, who
has responsibilities relating to schedulingor managing the
fatigue of the drivers—(i)has been
inducted into the system; and(ii)hasbeeninformedoftheAFMhoursapplyingunder the operator’s AFM
accreditation.AFM hourssee section
56.AFM outer limitssee section
57(1).AFM standards and business rulesmeans the standards andbusiness rules
for advanced fatigue management approved bythe Australian
Transport Council.Note—A copy of the AFM
standards and business rules may be obtained fromthe
department’s website.another jurisdictionmeans a State other than this
jurisdiction.Current as at 1 July 2013Page
223
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 6approved, by the
Australian Transport Council, means—(a)approved by the Australian Transport Council
by noticepublished in the Commonwealth gazette;
or(b)approved by another entity on behalf
of the AustralianTransportCouncilbynoticepublishedintheCommonwealth
gazette.approved auditormeans an auditor
of a class approved by theAustralian Transport Council.Note—Details of the
approved classes may be obtained from the department’swebsite.approvedelectronicrecordingsystemmeansanelectronicrecordingsystemthatisthesubjectofacurrentapprovalunder section
119 or a corresponding fatigue law.approved sleeper
berthmeans—(a)for
a fatigue regulated heavy vehicle other than a bus—adriver’s sleeper berth that complies with
ADR 42/04 andis able to be used by the driver when taking
rest; or(b)for a bus—a driver’s sleeper berth
that—(i)complies with a standard for sleeper
berths that isapproved by the Australian Transport
Council; andNote—A copy of
approved standard may be obtained from thedepartment’s
website.(ii)is able to be
used by the driver when taking rest.associate,
for part 5, see section 134.AustralianTransportCouncilmeanstheAustralianTransportCouncilcomprisingCommonwealth,StateandTerritory Ministers responsible for
transport and road issues.Editor’s note—For
more information about the Australian Transport Council, see
itswebsite at
<www.atcouncil.gov.au>.basesee
section 61.Page 224Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 6BFMaccreditation,otherthanforpart5,division2,subdivision 1, means—(a)anaccreditationgrantedundersection136thatisinforce; or(b)a
corresponding BFM accreditation that is in force.BFMfatiguemanagementsystem,foranoperatorofafatigueregulatedheavyvehicle,meanstheoperator’smanagement
system for ensuring compliance with the BFMstandards and
business rules, including by—(a)recording the name, driver licence number
and contactdetails of each driver who is currently
operating underthe operator’s BFM accreditation; and(b)ensuring that each of the drivers is
in a fit state—(i)to safely perform required duties;
and(ii)to meet any
specified medical requirements; and(c)ensuring that each of the drivers—(i)has been inducted into the system;
and(ii)has been
informed of the BFM hours; and(d)ensuringthatanyoneemployedintheoperator’sbusiness, who
has responsibilities relating to schedulingor managing the
fatigue of the drivers—(i)has been
inducted into the system; and(ii)has
been informed of the BFM hours.BFM hourssee
section 52.BFM standards and business rulesmeans the standards andbusiness rules
for basic fatigue management approved by theAustralian
Transport Council.Note—A copy of the BFM
standards and business rules may be obtained fromthe
department’s website.body of fatigue knowledgemeans any accreditation scheme,scientific knowledge, expert opinion,
guidelines, standards orotherknowledgeaboutpreventingormanagingexposuretoCurrent as at 1 July 2013Page
225
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 6Page
226risks to safety either on a road or in a
workplace, arising fromfatigue.busmeans a fatigue regulated heavy vehicle that
is a bus.busaccreditationmeansanaccreditationrelatingtoabus,granted under an accreditation scheme
applying under an Actor law of another State, that is in
force.cancel, in relation to
an unused daily sheet in a written workdiary,meanscancelbywriting‘cancelled’inlargelettersacross the sheet.causeoffatiguemeansanyfactorthatcouldcauseorcontribute to a person being fatigued
while driving a fatigueregulated heavy vehicle on a
road.Examples—•physical or mental exertion•long periods of time awake•not enough sleep or not enough
restorative sleep•not enough rest time•a person’s circadian rhythm (or body
clock)•environmental stress factors,
including heat, noise, vibrations•personal healthclass work and
rest hours exemptionsee section 154.CommonwealthgazettemeanstheCommonwealthofAustralia gazette.corresponding
BFM accreditationmeans—(a)an
accreditation granted under a corresponding fatiguelaw
for section 136; or(b)a bus accreditation recognised (in
whatever way) underacorrespondingfatiguelawasaBFMaccreditationunder the
law.Note—Undersection168AoftheAct(andsection182ofthisregulation), the
decision of a corresponding authority to grant aBFMaccreditationunderacorrespondingfatiguelaw,orrecognise a bus
accreditation, has the same effect in Queensland.Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 6corresponding fatigue law—1AcorrespondingfatiguelawisalawoftheCommonwealth or another jurisdiction that
provides forthesame,orsubstantiallythesame,mattersastheprovisionsoftheNationalTransportCommission(ModelLegislation—HeavyVehicleDriverFatigue)Regulations 2007(Cwlth).Editor’s note—TheNationalTransportCommission(ModelLegislation—HeavyVehicleDriverFatigue)Regulations2007(Cwlth) were made on 26 September 2007 as
Select LegislativeInstrument 2007 No. 318.2Acorrespondingfatiguelawforaprovisionofthisregulation is a
provision of a corresponding fatigue lawwithin the
meaning of paragraph 1 that corresponds, orsubstantiallycorresponds,totheprovisionofthisregulation.3For
paragraph 1, it is irrelevant whether the law of theCommonwealthoranotherjurisdictionisin1instrument or 2
or more instruments.critical risk breachmeans a contravention of a requirement
ofthis regulation declared in this regulation
to be a critical riskbreach.daily
sheet, for a written work diary, see section
115(3)(b).department’s websitemeans the
website of the department onthe
internet.Editor’s note—At the
commencement of this definition, the department’s website
wasat <www.transport.qld.gov.au>.driversee section
6(1).electronicrecordingsystemmeansasystemofrecordinginformation
electronically.electronic work diarymeans an
electronic recording systemthat—(a)is an approved electronic recording
system; andCurrent as at 1 July 2013Page
227
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 6(b)has attached to each device that forms
part of the systeman electronic work diary label relating to
the approval.electronic work diary labelmeans a label that—(a)indicates that the device to which it is
attached is, or is apart of, an approved electronic
recording system; and(b)states the
number of the certificate of approval issued bythe chief
executive for the approved electronic recordingsystem;
and(c)is in the approved form.Note—Acopyofalabelintheapprovedformcanbeobtainedfromthedepartment’s
website.employed driversee section
6(2).employerdoes not include
a prime contractor.engage, when used in
the context of a person carrying out afunction for
another person, means engage under a contractfor
services.entry, in a work
record, means anything written in the workrecord.exemption—(a)for part 5, division 6, see section
156; or(b)for part 5, division 7, see section
169.exemption noticesee section
165.fatiguesee section
16.fatigue authorities panelsee
section 179.IAPreportingentity,foranapprovedintelligenttransportsystem,meansapersononwhomthereisanobligationtoreport a malfunction of or tampering with
the system undertheTransportOperations(RoadUseManagement—Mass,Dimensions and
Loading) Regulation 2005.Page 228Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 6Note—SeetheTransportOperations(RoadUseManagement—MassDimensionandLoading)Regulation2005, sections 55K, 55L, 55U,55V,
55ZH and 55ZR.impaired by fatiguesee section
18.informationnotice,foradecisionmadeinrelationtoaperson, means a written notice
stating—(a)the reasons for the decision;
and(b)that the person may—(i)undersection185—askforthedecisiontobereviewed by the chief executive;
and(ii)undertheTransportPlanningandCoordinationAct1994, part 5,
division 2—apply to QCAT forthe decision to
be stayed; and(iii)undersection186—askforthechiefexecutive’sdecision on the
review (thereviewed decision) tobe
reviewed by QCAT; and(iv)undertheQCATAct—applyfortherevieweddecision to be stayed.interceptionbookmeansadocumentforrecordingcompliance
activities carried out under the Act by authorisedofficers.long/night work
timemeans work time that is long work
timeor night work time.Examples of
long/night work time—•a period spent
working for 141 minutes between 12 midnight and3a.m. counts as
21/2hours
of long/night work time•a period spent
working for 53 minutes in excess of 12 hours in a 24hour
period counts as 1 hour of long/night work timelong work
timemeans work time in excess of 12 hours in a
24hour period.majorrestbreakmeansresttimeofatleast5continuoushours.Current as at 1 July 2013Page
229
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 6malfunction,ofanelectronicworkdiaryoranodometer,means the work
diary or odometer—(a)ceases to work at all, or works only
intermittently; or(b)doesnotperform1ormorefunctionsrequiredunderthis
regulation; or(c)performs the functions mentioned in
paragraph (b) onlyintermittently; or(d)performs the functions mentioned in
paragraph (b) in awaythatisinaccurateorunreliable,includingintermittently inaccurate or
unreliable.Examples of an electronic work diary
malfunctioning—•the data held in an electronic work
diary is corrupted•a software program fault•physical damage that impairs the
functioning of the electronic workdiaryExample of an odometer
malfunctioning—•theodometernolongerkeepsanaccuraterecordofdistancetravelledminor risk breachmeans a
contravention of a requirement ofthis regulation
declared in this regulation to be a minor riskbreach.night rest breakmeans—(a)7continuoushoursstationaryresttimetakenbetween10p.m. on a day
and 8a.m. on the next day; orNote—Under sections 43 and 78, the period
must be based on the timezone of the driver’s base for drivers
on a journey in a differenttime zone to the driver’s base.(b)24 continuous hours stationary rest
time.nightworktimemeansworktimebetweenmidnightand6a.m.Page 230Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 6Note—Under sections 43
and 78, the time must be based on the time zone ofthe
driver’s base for drivers on a journey in a different time zone to
thedriver’s base.nominee,
for the driver of a fatigue regulated heavy vehicle,see
section 161(a).non-participatingzonemeansalljurisdictionsthatarenotparticipating
jurisdictions.participating jurisdictionmeans—(a)this
jurisdiction; or(b)anotherjurisdiction,ifthatjurisdictionhasacorresponding fatigue law.participating zonemeans all
participating jurisdictions.partyinthechainofresponsibility,forafatigueregulatedheavy vehicle,
see section 7.prime contractormeans a person
who employs someone elseunder a contract for services.reasonable steps defencesee section
8.record keepersee section
62.recordlocation,forthedriverofafatigueregulatedheavyvehicle, see
section 65.registrationcertificateseetheTransportOperations(RoadUseManagement—VehicleRegistration)Regulation2010,schedule 8.registration
numbermeans—(a)forafatigueregulatedheavyvehiclethatisacombination—theregistrationnumbershownonthenumberplate of the towing vehicle for
the combination;or(b)foranotherfatigueregulatedheavyvehicle—theregistrationnumbershownonthenumberplateofthevehicle.rest timesee
section 39.Current as at 1 July 2013Page
231
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 6roadincludes a
road-related area.schedule, for the driver
of a fatigue regulated heavy vehicle,means—(a)the schedule for the transport of any
goods or passengersby the vehicle; or(b)the
schedule of the driver’s work and rest times.scheduler,
for a fatigue regulated heavy vehicle, means—(a)apersonwhoschedulesthetransportofanygoodsorpassengers by the vehicle; or(b)a person who schedules the work and
rest times of thedriver of the vehicle.self-employed
driversee section 6(3).severe risk
breachmeans a contravention of a requirement
ofthis regulation declared in this regulation
to be a severe riskbreach.sign of
fatiguemeans any sign that a person was, is, or
will befatigued while driving a fatigue regulated
heavy vehicle on aroad.Examples—•lack of alertness•inability to concentrate•reduced ability to recognise or respond to
external stimuli•poor judgement or memory•making more mistakes than usual•drowsiness, or falling asleep, at work
(including micro sleeps)•finding it
difficult to keep eyes open•needing more
frequent naps than usual•not feeling
refreshed after sleep•excessive head
nodding or yawning•blurred visionPage 232Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 6•moodchanges,increasedirritabilityorotherchangestotheperson’s mental
health•changes to the person’s health or
fitnesssolodrivermeansadriverwhoisnotapartytoatwo-updriving
arrangement.standard hourssee section
46.stationary rest timemeans rest time
that a driver spends—(a)out of a fatigue
regulated heavy vehicle; or(b)inanapprovedsleeperberthofastationaryfatigueregulated heavy vehicle.substantialriskbreachmeansacontraventionofarequirement of this regulation
declared in this regulation to bea substantial
risk breach.supplementaryrecordmeansasupplementaryrecordmadeunder section
80.tamperssee section
110.this jurisdictionmeans this
State.two-updrivingarrangementmeansanarrangementunderwhich 2 persons share the driving of a
fatigue regulated heavyvehicle that has an approved sleeper
berth.work and rest changesee section
40.work and rest hours alternative compliance
schememeansan alternative
compliance scheme for part 3.work and rest
hours exemptionmeans—(a)a
class work and rest hours exemption; or(b)a
work and rest hours exemption granted under section157.workandresthourslimits,inrelationtoanAFMaccreditationoranapplicationforanAFMaccreditation,means the
maximum periods of work and minimum periods ofrestapplyingundertheaccreditationortoapplyundertheaccreditation.work and rest
hours optionsee section 37.Current as at 1
July 2013Page 233
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Schedule 6work
diary, for part 4, division 2, subdivision 1, see
section67.work diary exemptionsee
section 158.work recordmeans—(a)awrittenorelectronicworkdiaryofthedriverofafatigue regulated heavy vehicle;
or(b)a supplementary record; or(c)arecordrequiredtobemadeorkeptunderpart4,division 3; or(d)adrivingrecordwithinthemeaningoftherepealedTransport
Operations (Road Use Management—FatigueManagement)
Regulation 1998, section 42; or(e)acopyofadocument,oranentryinadocument,mentioned in
paragraph (a), (b), (c) or (d).work timesee
section 38.written work diarymeans a written
work diary issued to thedriver of a fatigue regulated heavy
vehicle under section 117or a corresponding fatigue law.Page
234Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Endnotes3KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdnumo in
comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=numbered=order in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No. [X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised version=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumbered4Table of reprintsA new reprint of
the legislation is prepared by the Office of the Queensland
ParliamentaryCounsel each time a change to the legislation
takes effect.The notes column for this reprint gives
details of any discretionary editorial powers undertheReprints Act 1992used by the
Office of the Queensland Parliamentary Counsel inpreparing it. Section 5(c) and (d) of the Act
are not mentioned as they contain mandatoryrequirementsthatallamendmentsbeincludedandallnecessaryconsequentialamendments be
incorporated, whether of punctuation, numbering or another kind.
Furtherdetails of the use of any discretionary
editorial power noted in the table can be obtained bycontacting the Office of the Queensland
Parliamentary Counsel by telephone on 32370466 or email
legislation.queries@oqpc.qld.gov.au.From29January2013,allQueenslandreprintsaredatedandauthorisedbytheParliamentary Counsel. The previous
numbering system and distinctions between printedand
electronic reprints is not continued with the relevant details for
historical reprintsincluded in this table.ReprintNo.11A1B1C1DAmendments includednone2008
SL No. 4252008 SL No. 4252009 SL No.
642009 SL No. 222Effective29
September 200812 December 20081 January
20091 July 200919 October
2009NotesPage 236Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008EndnotesReprintNo.1E22A2B2C2D2EAmendments included2009
Act No. 24—2010 SL No. 1002010 SL No.
1912010 SL No. 1922011 SL No.
642012 SL No. 552012 SL No.
250Effective1 December
20091 December 20091 July
20101 September 20101 July
20111 July 201221 December
2012Current as at1 July 2013Amendments included2013 SL No.
75NotesR1E withdrawn,
see R2Notes5List
of legislationRegulatory impact statementsFor
subordinate legislation that has a regulatory impact statement,
specific reference to the statementis included in
this list.Explanatory notesAll subordinate
legislation made on or after 1 January 2011 has an explanatory
note. For subordinatelegislation made before 1 January 2011
that has an explanatory note, specific reference to the note
isincluded in this list.Transport
Operations (Road Use Management—Fatigue Management)
Regulation2008 SL No. 296made by the
Governor in Council on 4 September 2008notfd gaz 5
September 2008 pp 144–5ss 1–2 commenced on date of
notificationremainingprovisionscommenced29September2008immediatelyafterthecommencement of the Transport
Legislation Amendment Act 2007 No. 43 s 63(see s 2 and 2008
SL No. 311)exp 1 September 2019 (see SIA s 54)Note—The expiry date may have changed since
this reprint was published. See thelatest reprint of
the SIR for any change.amending legislation—Transport and Other Legislation Amendment
Regulation (No. 3) 2008 SL No. 425notfd gaz 12
December 2008 pp 2044–53ss 1–2, sch amdt 7 commenced on date
of notificationremaining provisions commenced 1 January
2009 (see s 2)Transport Legislation (Fees) Amendment
Regulation (No. 1) 2009 SL No. 64 pts 1, 14notfd gaz 22 May
2009 pp 331–3ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2009
(see s 2)Current as at 1 July 2013Page
237
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008EndnotesQueensland Civil and Administrative Tribunal
(Jurisdiction Provisions) AmendmentAct 2009 No. 24
ss 1–2, ch 13 pt 19date of assent 26 June 2009ss
1–2 commenced on date of assentremaining
provisions commenced 1 December 2009 (2009 SL No. 252)Transport Legislation and Another Regulation
Amendment Regulation (No. 1) 2009SL No. 222 pts
1, 3notfd gaz 16 October 2009 pp 523–4ss
1–2 commenced on date of notificationremaining
provisions commenced 19 October 2009 (see s 2)Transport
Legislation (Fees) Amendment Regulation (No. 1) 2010 SL No. 100 ss
1,2(1), pt 14notfd gaz 28 May
2010 pp 290–2ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2010
(see s 2(1))Transport Operations (Road Use
Management—Vehicle Registration) Regulation2010 SL No. 191
ss 1–2, 133 sch 7notfd gaz 23 July 2010 pp 1196–9ss
1–2 commenced on date of notificationremaining
provisions commenced 1 September 2010 (see s 2)TransportOperations(RoadUseManagement—VehicleStandardsandSafety)Regulation 2010
SL No. 192 ss 1–2, pt 9 div 3notfd gaz 23 July
2010 pp 1196–9ss 1–2 commenced on date of
notificationremaining provisions commenced 1 September
2010 (see s 2)Transport Legislation (Fees) Amendment
Regulation (No. 1) 2011 SL No. 64 pts 1, 15notfd gaz 20 May
2011 pp 142–3ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2011
(see s 2)Transport Legislation (Fees) Amendment
Regulation (No. 1) 2012 SL No. 55 pts 1, 15notfd gaz 18 May
2012 pp 74–6ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2012
(see s 2)Transport Legislation Amendment Regulation
(No. 3) 2012 SL No. 250 pts 1, 4notfd gaz 21
December 2012 pp 599–602ss 1–2 commenced on date of
notificationremaining provisions commenced 21 December
2012 (see s 2)Transport Legislation (Fees) Amendment
Regulation (No. 1) 2013 SL No. 75 pts 1, 15notfd gaz 31 May
2013 pp 160–5ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2013
(see s 2)Page 238Current as at 1
July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008Endnotes6List of annotationsWhat
is the “reasonable steps defence”s 8amd
2009 SL No. 222 s 6Duty of driver to avoid driving while
fatigueds 21amd 2008 SL No. 425 s 3 schDuty
of party in the chain of responsibility to prevent driver driving
while fatigueds 22amd 2008 SL No. 425 s 3 sch; 2009 SL
No. 222 s 7Duty of employer, prime contractor or
operator to ensure business practices will notcause driver to
drive while fatigued etc.s 23amd 2008 SL No.
425 s 3 schDuty of employer not to cause driver to drive
if particular requirements not compliedwiths
24amd 2008 SL No. 425 s 3 schDuty
of prime contractor or operator not to cause driver to drive if
particularrequirements not complied withs
25amd 2008 SL No. 425 s 3 schDuty
of scheduler to ensure driver’s schedule will not cause driver to
drive whilefatigued etc.s 26amd
2008 SL No. 425 s 3 schDutyofschedulernottocausedrivertodriveifparticularrequirementsnotcomplied withs 27amd
2008 SL No. 425 s 3 schDuty of consignor or consignee to
ensure terms of consignment will not cause driverto
drive while fatigued etc.s 28amd 2008 SL No.
425 s 3 schDuty of consignor or consignee not to cause
driver to drive if particular requirementsnot complied
withs 29amd 2008 SL No. 425 s 3 schDuty
of consignor or consignee not to make a demand that may result in
driverdriving while fatigued etc.s
30amd 2008 SL No. 425 s 3 schDuty
of loading manager to ensure loading arrangements will not cause
driver todrive while fatigueds 31amd
2008 SL No. 425 s 3 schDuty of loading manager to ensure
drivers can take rest in particular circumstancess
32amd 2008 SL No. 425 s 3 schParticular requests etc. prohibiteds
35amd 2008 SL No. 425 s 3 schCurrent as at 1 July 2013Page
239
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008EndnotesParticular contracts etc. prohibiteds
36amd 2008 SL No. 425 s 3 schWhat
is a driver’s “work and rest hours option”s 37amd
2009 SL No. 222 s 8Standard hours—solo driverss
48amd 2008 SL No. 425 s 3 schStandard hours—solo drivers of busess
49amd 2008 SL No. 425 s 3 schStandard hours—two-up driverss
50amd 2008 SL No. 425 s 3 schBFM
hours—solo driverss 53amd 2008 SL No. 425 s 3 schBFM
hours—two-up driverss 55amd 2008 SL No.
425 s 3 schAFM hourss 56amd
2008 SL No. 425 s 3 schAFM outer limitss 57amd
2008 SL No. 425 s 3 schDivision 4A—Exemptionsdiv
4A (s 57A)ins 2009 SL No. 222 s 9Driving under new
work and rest hours option after changes 59amd
2008 SL No. 425 s 3 schWho is a driver’s “record
keeper”s 62amd 2009 SL No. 222 s 10Person engaged to undertake particular
functions must be notified of offencess 63amd
2008 SL No. 425 s 3 schPerson engaged to operate or maintain
electronic work diary must have appropriatesystems and
proceduress 64amd 2008 SL No. 425 s 3 schApplication of sdiv 1s 66amd
2009 SL No. 222 s 11Driver of fatigue regulated heavy
vehicle must carry work diarys 68amd
2008 SL No. 425 s 3 sch; 2009 SL No. 222 s 12Information to be
recorded immediately after starting works 71amd
2008 SL No. 425 s 3 sch; 2009 SL No. 222 s 13Information to be
recorded immediately before or after work and rest changes
72amd 2008 SL No. 425 s 3 schPage
240Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008EndnotesInformation to be recorded immediately after
change of base or record locations 73amd
2008 SL No. 425 s 3 schInformation to be recorded immediately
before finishing works 74amd 2008 SL No.
425 s 3 schRecording information in written work
diarys 76amd 2008 SL No. 425 s 3 schRecording information in electronic work
diarys 77amd 2008 SL No. 425 s 3 schTime
zone of driver’s base must be useds 78amd
2008 SL No. 425 s 3 schDriver must notify chief executive if
work diary filled up etc.s 81amd 2008 SL No.
425 s 3 schWhat driver must do if lost or stolen written
work diary found or returneds 82amd
2008 SL No. 425 s 3 schDriver must notify record keeper if
electronic work diary filled up etc.s 83amd
2008 SL No. 425 s 3 schIAPreportingentitymustnotifyrecordkeeperifelectronicworkdiarymalfunctionings 84amd
2008 SL No. 425 s 3 schWhat record keeper must do if
electronic work diary filled ups 85amd
2008 SL No. 425 s 3 schWhat record keeper must do if
electronic work diary destroyed, lost or stolens 86amd
2008 SL No. 425 s 3 schWhat record keeper must do if
electronic work diary malfunctionings 87amd
2008 SL No. 425 s 3 schOwner must maintain odometers
88amd 2008 SL No. 425 s 3 schDriver must report malfunctioning
odometers 89amd 2008 SL No. 425 s 3 schWhat
owner must do if odometer malfunctionings 90amd
2008 SL No. 425 s 3 schWhat employer or operator must do if
odometer malfunctionings 91amd 2008 SL No.
425 s 3 schHow electronic work diary must be operated
and maintaineds 92amd 2008 SL No. 425 s 3 schPersonwhooperatesormaintainselectronicworkdiarymustensuredriver’scompliance with s 92s 93amd
2008 SL No. 425 s 3 schCurrent as at 1 July 2013Page
241
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008EndnotesRecord keeper must ensure other person’s
compliance with s 92s 94amd 2008 SL No.
425 s 3 schRecords record keeper must have if driver
engaging in 200km work under standardhourss
96amd 2008 SL No. 425 s 3 schRecords record keeper must have if driver
engaging in 200+km work under standardhours or working
under an accreditation or exemptions 97amd
2008 SL No. 425 s 3 sch; 2009 SL No. 222 s 14Requirements
about records record keeper must make or keeps 98amd
2008 SL No. 425 s 3 schGeneral requirements about driver
giving information to record keepers 99amd
2008 SL No. 425 s 3 schRequirements about driver giving
information to record keeper if driver changesrecord
keepers 100amd 2008 SL No. 425 s 3 schRecord keeper must give printouts of
information from electronic work diarys 101amd
2008 SL No. 425 s 3 schFalse or misleading entriess
102amd 2008 SL No. 425 s 3 schPossessing or using false or misleading work
records prohibiteds 103amd 2008 SL No. 425 s 3 schKeeping 2 work diaries simultaneously
prohibiteds 104amd 2008 SL No. 425 s 3 schPossession of purported work records etc.
prohibiteds 105amd 2008 SL No. 425 s 3 schFalse
representation about work records prohibiteds 106amd
2008 SL No. 425 s 3 schDefacing or changing work records etc.
prohibiteds 107amd 2008 SL No. 425 s 3 schMaking entries in someone else’s work records
prohibiteds 108amd 2008 SL No. 425 s 3 schDestruction of particular work records
prohibiteds 109amd 2008 SL No. 425 s 3 schPerson must not tamper with electronic work
diarys 111amd 2008 SL No. 425 s 3 schPersonoperatingormaintainingelectronicworkdiarymustensureitisnottampered
withs 112amd 2008 SL No. 425 s 3 schPage
242Current as at 1 July 2013
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008EndnotesDriver’s record keeper must ensure electronic
work diary is not tampered withs 113amd
2008 SL No. 425 s 3 schIAP reporting entity must ensure
electronic work diary is not tampered withs 114amd
2008 SL No. 425 s 3 schRequirement to notify users of
conditions of approvals 123amd 2008 SL No.
425 s 3 schPlacing electronic work diary label on
devices 124amd 2008 SL No. 425 s 3 schProhibitiononusingdeviceaselectronicworkdiaryifitisnotanapprovedelectronic
recording systems 126amd 2008 SL No. 425 s 3 schRequirements if approval amendeds
131amd 2008 SL No. 425 s 3 schRequirements if approval cancelleds
132amd 2008 SL No. 425 s 3 schRequirements if effect of approval continued
instead of cancelleds 133amd 2008 SL No.
425 s 3 schApplying for BFM accreditations
135amd 2009 SL No. 222 s 15Deciding
application for BFM accreditations 136amd
2009 SL No. 222 s 16Steps if BFM accreditation
granteds 137amd 2009 SL No. 222 s 17Conditions of BFM accreditations
140amd 2008 SL No. 425 s 3 schDriver must carry BFM accreditation
detailss 141amd 2008 SL No. 425 s 3 schGeneral requirements applying to operator
with BFM accreditations 142amd 2008 SL No.
425 s 3 schOperator must give notice of amendment,
suspension or ending of accreditations 143amd
2008 SL No. 425 s 3 schApplying for AFM accreditations
144amd 2009 SL No. 222 s 18Deciding
application for AFM accreditations 145amd
2009 SL No. 222 s 19Steps if AFM accreditation
granteds 146amd 2009 SL No. 222 s 20Current as at 1 July 2013Page
243
Transport Operations (Road Use
Management—Fatigue Management) Regulation 2008EndnotesConditions of AFM accreditations
149amd 2008 SL No. 425 s 3 schDriver must carry AFM accreditation
detailss 150amd 2008 SL No. 425 s 3 schGeneral requirements applying to operator
with AFM accreditations 151amd 2008 SL No.
425 s 3 schOperator must give notice of amendment,
suspension or ending of accreditations 152amd
2008 SL No. 425 s 3 schEmergency services exemptions
153amd 2012 SL No. 250 s 14Amendment,
suspension or cancellation of class work and rest hours
exemptions 155amd 2009 Act No. 24 s 1819Chief
executive may grant work and rest hours exemptions
157amd 2009 SL No. 222 s 21Applying for
exemption generallys 159amd 2009 SL No. 222 s 22Deciding application for exemptions
164sub 2009 SL No. 222 s 23Steps if
exemption granteds 165amd 2009 SL No. 222 s 24Compliance with conditions of
exemptions 167amd 2008 SL No. 425 s 3 schDriver must carry copy of gazette notice or
exemption notices 168amd 2008 SL No. 425 s 3 schReturn of accreditation certificate or
exemption notices 173amd 2008 SL No. 425 s 3 schReplacement of lost etc. accreditation
certificate or exemption notices 174amd
2008 SL No. 425 s 3 schOffence to falsely represent that
accreditation or exemption is helds 175amd
2008 SL No. 425 s 3 schOffences relating to auditorss
176amd 2008 SL No. 425 s 3 schPART
7—PROVISIONS ABOUT DECISION MAKINGDivision
4—Internal and external review of decisionsdiv hdgamd
2009 Act No. 24 s 1820Internal review of decisionsprov
hdgsub 2009 Act No. 24 s 1821(1)s
185amd 2009 Act No. 24 s 1821(2)Page
244Current as at 1 July 2013
