Heavy Vehicle National Law Act 2012


Queensland Crest
Heavy Vehicle National Law Act 2012

An Act providing for the adoption of a national law regulating the use of heavy vehicles

Part 1 Preliminary

1Short title

This Act may be cited as the Heavy Vehicle National Law Act 2012.

2Commencement

(1)This Act commences on a day to be fixed by proclamation.
(2)However, if no day has been fixed by 1 July 2018, the Act commences on that day.
(3)The Acts Interpretation Act 1954, section 15DA does not apply to this Act.

2ASpecial provision about commencement of Heavy Vehicle National Law (Queensland)

(1)The following provisions of the Heavy Vehicle National Law (Queensland), as at the commencement of section 12 of the HVNL Amendment Act, commence on the day that section commences—
(a)Parts 1.1 to 1.3;
(b)Chapter 12;
(c)sections 705 and 707;
(d)Parts 13.4 to 13.6;
(e)Part 14.1;
(f)section 755;
(g)Schedule 1.
(2)The remaining provisions of the Heavy Vehicle National Law (Queensland), as at the commencement of section 12 of the HVNL Amendment Act, commence on a day to be fixed by proclamation.
(3)This section applies despite section 2(1) but does not limit the application of section 2(2) to the provisions of the Heavy Vehicle National Law (Queensland).
(4)In this section—
HVNL Amendment Act means the Heavy Vehicle National Law Amendment Act 2013.

Note—

Section 12 of the HVNL Amendment Act replaces the Schedule.

3Definitions

(1)For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Heavy Vehicle National Law set out in the Schedule.
(2)In the local application provisions of this Act—
Heavy Vehicle National Law (Queensland) means the provisions applying in this jurisdiction because of section 4.
National Law, for part 4A, see section 42B.
the Law means the Heavy Vehicle National Law (Queensland).
TORUM means the Transport Operations (Road Use Management) Act 1995.
transport Act see TORUM, schedule 4.
(3)Terms used in the local application provisions of this Act and also in the Heavy Vehicle National Law set out in the Schedule have the same meanings in those provisions as they have in that Law.

Part 2 Adoption of Heavy Vehicle National Law

Note—

To ensure harmonisation across Australian jurisdictions, the Heavy Vehicle National Law, in the form set out in the Schedule, is intended for adoption by other jurisdictions as well as Queensland. Accordingly, the Heavy Vehicle National Law is not entirely consistent with Queensland’s current drafting style.

Division 1 General

4Application of Heavy Vehicle National Law

The Heavy Vehicle National Law set out in the Schedule—
(a)applies as a law of this jurisdiction, as modified by parts 4 and 4A; and
(b)as so applying, may be referred to as the Heavy Vehicle National Law (Queensland); and
(c)so applies as if it were part of this Act.

5Exclusion of legislation of this jurisdiction

(1)The following Acts of this jurisdiction do not apply to the Heavy Vehicle National Law (Queensland) or to the instruments made under that Law, other than to the extent provided for in subsections (3) to (6) or section 17
(a)the Acts Interpretation Act 1954;
(b)the Auditor-General Act 2009;
(c)the Financial Accountability Act 2009;
(d)the Information Privacy Act 2009;
(e)the Public Records Act 2002;
(f)the Public Sector Ethics Act 1994;
(g)the Public Service Act 2008;
(h)the Right to Information Act 2009;
(i)the Statutory Bodies Financial Arrangements Act 1982;
(j)the Statutory Instruments Act 1992.
(2)Also, the Legislative Standards Act 1992 does not apply to a regulation made under the Heavy Vehicle National Law (Queensland), other than to the extent provided for in section 17.
(3)The Acts Interpretation Act 1954, section 20C applies to the Heavy Vehicle National Law (Queensland) and instruments made under that Law.
(4)The Auditor-General Act 2009 applies to the extent provided for in the national regulations under the Heavy Vehicle National Law.

Note—

See the Heavy Vehicle National Law, sections 693 and 730.
(5)The Acts mentioned subsection (1)(d), (e) and (h) apply to the Heavy Vehicle National Law (Queensland), and to the instruments made under that Law, in the way provided by section 696 of the Law.
(6)The Acts mentioned in subsection (1)(b) to (i) apply to an entity of the State exercising functions under the Heavy Vehicle National Law (Queensland).
(7)To remove any doubt, it is declared that—
(a)subsection (1)(a) does not limit the application of the Acts Interpretation Act 1954 to the local application provisions of this Act; and

Example—

The terms ‘magistrate’ in section 14 and ‘QCAT’ in sections 10 and 36 take their meaning from the Acts Interpretation Act 1954, schedule 1.
(b)subsection (1)(j) does not limit the application of the Statutory Instruments Act 1992 to a regulation made under the local application provisions of this Act.

Division 2 Meaning of particular terms for Heavy Vehicle National Law (Queensland)

6Purpose of div 2

This division defines particular terms, and makes particular declarations, for the purposes of the Heavy Vehicle National Law (Queensland).

7Definitions of generic terms and terms having meaning provided by this Act

In the Heavy Vehicle National Law (Queensland)—
police officer means a police officer within the meaning of the Police Service Administration Act 1990.
this jurisdiction means Queensland.

8Particular laws

(1)For the purposes of the Heavy Vehicle National Law (Queensland)—
(a)the State Penalties Enforcement Act 1999 is declared to be the Infringement Notice Offences Law for this jurisdiction; and
(b)the Work Health and Safety Act 2011 is declared to be the primary WHS Law for this jurisdiction; and
(c)the Transport Operations (Road Use Management—Road Rules) Regulation 2009 is declared to be the Road Rules for this jurisdiction.
(2)An offence against the Heavy Vehicle National Law (Queensland) prescribed under a regulation under the State Penalties Enforcement Act 1999 as an infringement notice offence is an offence prescribed by a law of this jurisdiction for the purposes of section 591 of the Heavy Vehicle National Law (Queensland).
(3)The Transport Operations (Road Use Management) Act 1995Transport Operations (Road Use Management) Act 1995 is specified for section 727(1), definition relevant law of the Heavy Vehicle National Law (Queensland).

9Local government authority

Each of the following is declared to be a local government authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland)—
(a)the Brisbane City Council;
(b)a local government under the Local Government Act 2009.

10Relevant tribunal or court

(1)Subject to subsections (2) and (3), QCAT is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland).
(2)A Magistrates Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the following provisions of the Heavy Vehicle National Law (Queensland)—
(a)section 556;
(b)section 560;
(c)section 565;
(d)section 590D.
(3)The reference to a relevant tribunal or court in section 727(1), definition protected information, paragraph (b)(iii) is a reference to any tribunal or court.

11Road authority

The chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered is declared to be the road authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland).

12Road manager for a road

(1)The following entity is declared to be the road manager for a road in this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland)—
(a)for a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994, chapter 6 is administered;
(b)for a road controlled by a local government authority—the local government authority;
(c)for the Airport Link franchised road—a franchisee for the road;
(d)for a franchised road other than the Airport Link franchised road—the chief executive of the department in which the Transport Infrastructure Act 1994, chapter 6 is administered;
(e)for a local government franchised road—a local government franchisee of the road;
(f)for another road—an owner of the road.
(2)In this section—
Airport Link franchised road means the franchised road known as the ‘Airport Link’ the subject of the gazette notice under the Transport Infrastructure Act 1994, section 93 made on 18 July 2008.
franchised road see the Transport Infrastructure Act 1994, schedule 6.
franchisee, for the Airport Link franchised road, means a person who, under the Transport Infrastructure Act 1994, is a franchisee for the road franchise agreement for the road.
local government franchised road see the Transport Infrastructure Act 1994, section 105B.
local government franchisee, for a local government franchised road, means a person who, under the Transport Infrastructure Act 1994, chapter 6, part 8, is a local government franchisee for the local government tollway franchise agreement for the road.
local government tollway franchise agreement see the Transport Infrastructure Act 1994, section 105Y.
road franchise agreement see the Transport Infrastructure Act 1994, section 85.
State-controlled road see the Transport Infrastructure Act 1994, schedule 6.

13Police officers who are authorised officers

Every police officer is declared to be an authorised officer for the purposes of the Heavy Vehicle National Law (Queensland).

Note—

See also section 35.

14Authorised warrant official

Each magistrate is declared to be an authorised warrant official for the purposes of the Heavy Vehicle National Law (Queensland).

15Areas that are roads

A busway within the meaning given by the Transport Infrastructure Act 1994 is declared to be a road for the purposes of the Heavy Vehicle National Law (Queensland).

Part 3 National regulations

17Parliamentary scrutiny of national regulations

(1)The Statutory Instruments Act 1992, sections 49 to 51 apply to a national regulation as if—
(a)a reference in the sections to subordinate legislation were a reference to a national regulation; and
(b)the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in section 733(1) of the Heavy Vehicle National Law (Queensland).

Note—

Generally speaking, the Statutory Instruments Act 1992, sections 49 to 51 deal with the tabling and disallowance of subordinate legislation and the limited saving of operation of subordinate legislation that ceases to have effect.
(2)The Legislative Standards Act 1992, part 4 applies to a national regulation as if—
(a)a reference in the part to subordinate legislation were a reference to a national regulation; and
(b)the reference to the responsible Minister in section 22(2) of that Act were a reference to the Minister who administers the Heavy Vehicle National Law (Queensland).

Note—

Generally speaking, the Legislative Standards Act 1992, part 4 deals with the tabling and content of explanatory notes for Bills and subordinate legislation.
(3)A committee of the Legislative Assembly may deal with a national regulation, under the Parliament of Queensland Act 2001, as if a reference in the Act to subordinate legislation, or an item of subordinate legislation, were a reference to a national regulation.
(4)For subsection (3), the Legislative Standards Act 1992, section 4 applies to a national regulation as if a reference in the section to subordinate legislation were a reference to a national regulation.

Note—

Generally speaking, the Legislative Standards Act 1992, section 4 deals with the application of fundamental legislative principles to Bills and subordinate legislation.
(5)If a national regulation ceases to have effect because of the operation of subsection (1), the national regulation ceases to have effect for the purposes of the Heavy Vehicle National Law (Queensland), but the cessation does not affect the application of the regulation in any other jurisdiction.
(6)In this section—
national regulation means a regulation, or a provision of a regulation, made under the Heavy Vehicle National Law set out in the Schedule.

Part 4 Provisions specific to this jurisdiction

Division 1 Preliminary

18Definitions for pt 4

In this part—
commissioner means the police commissioner of this jurisdiction.
public safety condition means a condition directed at ensuring public safety.

Division 2 Requirement for commissioner’s consent for mass or dimension exemptions

19Definitions for div 2

In this division—
commissioner’s amendment or cancellation decision means a decision of the commissioner—
(a)under section 26, to ask the Regulator to amend or cancel a mass or dimension exemption (notice); or
(b)under section 27, to ask the Regulator to amend or cancel a mass or dimension exemption (permit).
commissioner’s conditional decision see section 23(3).
commissioner’s refusal decision see section 22(7).
critical area means an area of this jurisdiction shown on a relevant map, as in force when a consent mentioned in section 20 or 21 is given, as a critical area.
critical road means a road in this jurisdiction shown on a relevant map, as in force when a consent mentioned in section 20 or 21 is given, as a critical road.
non-critical area means this jurisdiction, other than any part of this jurisdiction that is a critical area or critical road.
relevant map means a map—
(a)developed by the chief executive in relation to the giving of consents as mentioned in sections 20 and 21; and
(b)as published on the department’s website from time to time.
review and appeal information, for a commissioner’s conditional decision, a commissioner’s refusal decision or a commissioner’s amendment or cancellation decision, means the following information—
(a)that, under section 641 of the Law, as applied under this division, a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed;
(b)that, under section 643 of the Law, as applied under this division, the Regulator must refer the application to the commissioner for review;
(c)that the decision of the commissioner on the review is not subject to further review or appeal under the Law.

20Other consents under s 118 of the Law

(1)For section 118(1)(c) of the Law, the consent of the commissioner is required for a mass or dimension exemption (notice).
(2)However, a consent is required under subsection (1) for a mass or dimension exemption (notice) only to the extent the exemption applies to any of the following—
(a)the use of class 1 heavy vehicles, of more than a width or length prescribed under a regulation for this paragraph, in a critical area or on a critical road;
(b)the use of class 1 heavy vehicles, of more than a width or length prescribed under a regulation for this paragraph, in the non-critical area.
(3)To remove any doubt, it is declared that subsection (1), as limited by subsection (2), is, for section 167(2)(d) of the Law, a law of this jurisdiction that requires consultation with third parties.

21Other consents under s 124 of the Law

(1)For section 124(1)(c) of the Law, the consent of the commissioner is required for a mass or dimension exemption (permit).
(2)However, a consent is required under subsection (1) for a mass or dimension exemption (permit) only to the extent the exemption applies to any of the following—
(a)the use of a class 1 heavy vehicle, of more than a width or length prescribed under a regulation for this paragraph, in a critical area or on a critical road;
(b)the use of a class 1 heavy vehicle, of more than a width or length prescribed under a regulation for this paragraph, in the non-critical area.
(3)To remove any doubt, it is declared that subsection (1), as limited by subsection (2), is, for section 167(2)(d) of the Law, a law of this jurisdiction that requires consultation with third parties.

22Deciding request for consent generally

(1)This section applies if the commissioner’s consent to the grant of a mass or dimension exemption is required as mentioned in section 20 or 21.
(2)The Regulator must ask the commissioner for the consent.
(3)The commissioner must decide to give or not to give the consent within 28 days after the request is made.
(4)The commissioner may decide not to give the consent only if the commissioner is satisfied—
(a)the mass or dimension exemption will, or is likely to, adversely affect public safety; and
(b)it is not possible to grant the exemption subject to conditions that will avoid, or significantly minimise, the adverse effects, or likely adverse effects, on public safety.
(5)Also, in deciding whether or not to give the consent, the commissioner must have regard to the approved guidelines for granting mass or dimension exemptions.
(6)If the commissioner decides not to give consent to the grant of the exemption, the commissioner must give the Regulator written reasons for the commissioner’s decision.
(7)A decision of the commissioner not to give consent to the grant of a mass or dimension exemption (permit) is a commissioner’s refusal decision.

23Imposition of conditions

(1)The commissioner may decide to consent to the grant of a mass or dimension exemption subject to a condition that a stated public safety condition is imposed on the exemption.
(2)If the commissioner decides to consent in a way mentioned in subsection (1)—
(a)the commissioner must give the Regulator written reasons for the commissioner’s decision to give consent to the grant of the exemption subject to the imposition of the public safety condition; and
(b)the Regulator must impose the public safety condition on the exemption.
(3)A decision of the commissioner to consent to the grant of a mass or dimension exemption (permit) in a way mentioned in subsection (1) is a commissioner’s conditional decision.

24Information notice for decision to refuse application because commissioner did not give consent

(1)This section applies if an application for a mass or dimension exemption (permit) is refused, wholly or partly, because the commissioner has refused to consent to the exemption.
(2)The information notice for the decision to refuse the application given to the applicant under section 128 of the Law must state the following, in addition to any other information required to be included in the information notice—
(a)that the commissioner has refused to consent to the mass or dimension exemption (permit);
(b)the written reasons given for the commissioner’s refusal decision;
(c)the review and appeal information for the commissioner’s refusal decision.

25Information notice for imposition of condition requested by commissioner

(1)This section applies if—
(a)the Regulator grants a mass or dimension exemption (permit) to a person; and
(b)the exemption is subject to a public safety condition required by the commissioner under section 23.
(2)If the Regulator is not otherwise required under section 127(1)(b) of the Law to give the person an information notice, the Regulator must nevertheless give the person an information notice for the commissioner’s conditional decision.
(3)If the Regulator is required under section 127(1)(b) to give the person an information notice, the information notice must also apply to the commissioner’s conditional decision.
(4)The information notice, to the extent it applies to the commissioner’s conditional decision, must state the following—
(a)that the commissioner consented to the mass or dimension exemption (permit) on the condition that the public safety condition is imposed on the exemption;
(b)the written reasons given for the commissioner’s conditional decision;
(c)the review and appeal information for the commissioner’s conditional decision.

26Amendment or cancellation of mass or dimension exemption (notice) on request by commissioner

(1)This section applies if the commissioner is satisfied that the use of heavy vehicles on a road under a mass or dimension exemption (notice) for which the commissioner’s consent was given has adversely affected, or is likely to adversely affect, public safety.
(2)The commissioner may ask the Regulator to—
(a)amend the mass or dimension exemption (notice), including, for example, by—
(i)amending the areas or routes to which the exemption applies; or
(ii)amending the days or hours to which the exemption applies; or
(iii)imposing or amending public safety conditions; or
(b)cancel the exemption to the extent that, wholly or partly, the exemption has effect in this jurisdiction.
(3)The Regulator must comply with the request.
(4)The Regulator must publish notice of the amendment or cancellation—
(a)in the Commonwealth Gazette; and
(b)on the Regulator’s website; and
(c)if the Regulator considers it appropriate—in another way, including, for example, in a national newspaper.
(5)The amendment or cancellation takes effect—
(a)28 days after the Commonwealth Gazette notice is published under subsection (4); or
(b)if a later time is stated in the Commonwealth Gazette notice, at the later time.

27Amendment or cancellation of mass or dimension exemption (permit) on request by commissioner

(1)This section applies if the commissioner is satisfied that the use of heavy vehicles on a road under a mass or dimension exemption (permit) for which the commissioner’s consent was given has adversely affected, or is likely to adversely affect, public safety.
(2)The commissioner may ask the Regulator to—
(a)amend the mass or dimension exemption (permit), including, for example, by—
(i)amending the areas or routes to which the exemption applies; or
(ii)amending the days or hours to which the exemption applies; or
(iii)imposing or amending public safety conditions; or
(b)cancel the exemption to the extent that, wholly or partly, the exemption has effect in this jurisdiction.
(3)The Regulator must comply with the request.
(4)If the mass or dimension exemption (permit) is amended or cancelled under this section, the Regulator must give the holder of the exemption notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect.
(5)The notice given to the holder must state—
(a)the day the amendment or cancellation is to take effect; and
(b)the reasons given by the commissioner for the amendment or cancellation; and
(c)the review and appeal information for the commissioner’s decision.

28Reviewable decisions

Each of the following is taken to be a reviewable decision for Chapter 11 of the Law—
(a)a commissioner’s refusal decision;
(b)a commissioner’s conditional decision.
(c)a commissioner’s amendment or cancellation decision.

29Applying review and appeal provisions of the Law

(1)This section makes special provision about how the Law applies in relation to a commissioner’s refusal decision, a commissioner’s conditional decision or a commissioner’s amendment or cancellation decision (the commissioner’s decision).
(2)For applying section 641 of the Law to the commissioner’s decision, a dissatisfied person includes—
(a)for a commissioner’s refusal decision or a commissioner’s conditional decision—the applicant for the mass or dimension exemption (permit) the subject of the decision; and
(b)for a commissioner’s amendment or cancellation decision—
(i)if a mass or dimension exemption (notice) is the subject of the decision—a person adversely affected by the decision; or
(ii)if a mass or dimension exemption (permit) is the subject of the decision—the person to whom the exemption was granted.
(3)Section 642 of the Law does not apply in relation to the commissioner’s decision.
(4)For applying sections 643 to 646 of the Law, a reference to a road manager for a road, or to a road manager, is taken to include a reference to the commissioner.
(5)The review decision for the commissioner’s decision can not be the subject of an appeal under Part 11.3 of the Law.
(6)Without limiting subsection (5)—
(a)references to an appeal in section 645 of the Law may be ignored; and
(b)section 646(2) of the Law applies only to the extent of section 646(2)(a) and (b).

Division 3 Additional evidentiary provisions

30Additional Regulator certificates

(1)A certificate purporting to be issued by the Regulator and stating that, at a stated time or during a stated period or by a stated day—
(a)a stated thing was the property of the Regulator; or
(b)a stated sign was or was not an official traffic sign, contained stated words or was on a stated place; or
(c)a stated vehicle was or was not inspected under the Law; or
(d)a stated vehicle was or was not inspected in compliance with a stated requirement made by an authorised officer; or
(e)an inspection of a stated vehicle under the Law gave stated results; or
(f)a stated application, or another stated document required to be lodged under the Law, was or was not received by the Regulator; or
(g)a stated report or stated information required to be given to the Regulator under the Law was received or was not received by the Regulator; or
(h)no report or information of a stated type, required to be given to the Regulator under the Law, was received by the Regulator; or
(i)a stated vehicle was or was not of a stated type, or was carrying stated goods; or
(j)a stated heavy vehicle was or was not, whether generally or for the purposes of stated circumstances, insured in accordance with the requirements of any third party insurance legislation applying to the vehicle; or
(k)a stated copy of a document was a copy of a document issued, or required to be kept, under the Law; or
(l)a stated document was a manufacturer’s specification for a stated type of vehicle;
(m)a stated vehicle’s GCM or GVM was a stated amount, and how the amount was identified;

is evidence of the matter.

(2)Subsection (1) does not limit section 711 of the Law.
(3)Section 715 of the Law applies to a matter mentioned in subsection (1)(a) to (m) as if the matter was stated in a certificate under section 711 of the Law.

31Additional road authority certificates

(1)A certificate purporting to be issued by the entity that, under section 11, is the road authority for this jurisdiction, and stating that, at a stated time or during a stated period—
(a)stated particulars existed in relation to a stated conviction, disqualification, suspension, cancellation, licence or other stated matter under a transport Act or a corresponding law to a transport Act; or
(b)a stated copy of a document was a copy of a document issued, or required to be kept, under a transport Act or a corresponding law to a transport Act; or
(c)a stated entity was a corresponding authority; or
(d)a stated vehicle was or was not inspected under a transport Act; or
(e)an inspection of a stated vehicle under a transport Act gave stated results; or
(f)a stated vehicle’s GCM or GVM was a stated amount, and how the amount was identified; or
(g)a stated vehicle was or was not registered under TORUM as a heavy vehicle; or
(h)a stated vehicle registered under TORUM was or was not registered as a heavy vehicle of a stated category; or
(i)a stated person was or was not the registered operator, under TORUM, of a stated vehicle; or
(j)a stated registration under TORUM was or was not amended or cancelled under that Act;

is evidence of the matter.

(2)Subsection (1) does not limit section 712 of the Law.
(3)Section 715 of the Law applies to a matter mentioned in subsection (1)(a) to (f) as if the matter was stated in a certificate under section 712 of the Law.
(4)In this section—
corresponding authority see the Transport Operations (Road Use Management) Act 1995, schedule 4.
corresponding law see the Transport Operations (Road Use Management) Act 1995, schedule 4.

32Evidence of contents of document examined by authorised officer

Evidence by an authorised officer of the contents of a document issued, or required to be kept, under the Law, that was examined by the officer while it was in someone else’s possession, may be given by the officer without the document being produced.

Example—

An authorised officer who examines a driver’s work diary may return the work diary to the driver to enable the driver to continue driving. The officer may give evidence of the contents of the work diary without producing it.

33Averments

(1)In a proceeding for an offence against the Law, a statement in the complaint for the offence that—
(a)at a stated time or during a stated period—
(i)a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 of any particular class or type; or
(ii)a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 authorising the holder to drive a motor vehicle on a stated road; or
(b)any distance mentioned in the complaint is or was a stated distance or is or was greater or less than a stated distance;

is evidence of the matter.

(2)Section 715 of the Law applies to the matter mentioned in subsection (1)(b) as if the matter were a matter stated in a certificate to which the section applies.

Division 4 Special provisions about Regulator

34Declarations about industrial relations status of Regulator

(1)It is declared that —
(a)the Regulator is not a public sector employer for the purposes of the Fair Work (Commonwealth Powers) and Other Provisions Act 2009; and
(b)it is the intention of the Parliament that the Regulator be a national system employer for the purposes of the Fair Work Act 2009 (Cwlth).
(2)No Act of Queensland can have effect to stop the Regulator from being a national system employer for the purposes of the Fair Work Act 2009 (Cwlth).

Division 5 Other specific provisions

35Application of particular provisions to police officers

A provision of Chapter 9 of the Heavy Vehicle National Law (Queensland) that corresponds to a provision of the Police Powers and Responsibilities Act 2000 does not apply to an authorised officer who is a police officer.

36Review of decision by QCAT as relevant tribunal or court

A reference in the Heavy Vehicle National Law (Queensland) to an appeal against a decision is, for an appeal to QCAT as the relevant tribunal or court, a reference to a review of the decision as provided under the QCAT Act.

37Use of force

(1)For section 491(2) of the Law, a police officer is authorised to use force against a person in the exercise or purported exercise of a function under Chapter 9 of the Law if the Police Powers and Responsibilities Act 2000 authorises the police officer to use the force against the person.
(2)For section 492(1)(b) of the Law, the exercise of the power to use force against property is authorised for the purposes of the following provisions of the Law—
(a)section 497(4)(a);
(b)section 498(6);
(c)section 500(2)(c);
(d)section 518(6)(b);
(e)section 519(7);
(f)section 521(1);
(g)section 523(2).

38Power to seize

If, apart from section 552(1) of the Law, a heavy vehicle, or a thing mentioned in section 552(1)(b) of the Law, is a thing that may be seized under Chapter 9 of the Law, it may be seized under Chapter 9 of the Law despite section 552(1).

39Power to require production of driver licence

(1)An authorised officer may, for compliance purposes, require the driver of a heavy vehicle to produce for inspection by the officer the driver’s driver licence.
(2)A person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—45 penalty units.

(3)It is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (1)—
(a)that the person does not have the driver licence in his or her immediate possession; or
(b)that complying with the requirement might tend to incriminate the person or make the person liable to a penalty.
(4)The authorised officer may take a copy of, or an extract from, the driver’s driver licence.

40Commissioner consent for grant of blue light vehicle standards exemption

(1)The Regulator may, under the Law, grant a blue light vehicle standards exemption only with the consent of the commissioner.
(2)The Regulator must ask the commissioner for the consent.
(3)The commissioner must decide to give or not to give the consent within 28 days after the request is made.
(4)The commissioner may decide to give the consent only if the commissioner is satisfied that the blue light vehicle standards exemption will not, or is not likely to, adversely affect public safety.
(5)Without limiting subsection (4), the commissioner must be satisfied that the exemption will not, or is not likely to, operate to reduce the effectiveness of using blue lights to clearly identify to other road users vehicles being used for law enforcement or for an emergency.
(6)Also, in deciding whether or not to give the consent, the commissioner must have regard to the approved guidelines for granting vehicle standards exemptions.
(7)The commissioner may decide to consent to the grant of a blue light vehicle standards exemption subject to a condition that a stated public safety condition is imposed on the exemption.
(8)If the commissioner decides to consent in a way mentioned in subsection (7), the Regulator must impose the public safety condition on the exemption.
(9)Section 26 applies to a blue light vehicle standards exemption (notice) as if the exemption were a mass or dimension exemption (notice) for which the commissioner’s consent was given.
(10)Section 27, other than section 27(5)(b) and (c), applies to a blue light vehicle standards exemption (permit) as if the exemption were a mass or dimension exemption (permit) for which the commissioner’s consent was given.
(11)This section applies in relation to a blue light whether or not it is a light that flashes.
(12)In this section—
blue light vehicle standards exemption means—
(a)a blue light vehicle standards exemption (notice); or
(b)a blue light vehicle standards exemption (permit).
blue light vehicle standards exemption (notice) means a vehicle standards exemption (notice) that permits heavy vehicles of the category the subject of the exemption to be fitted with a blue light.
blue light vehicle standards exemption (permit) means a vehicle standards exemption (permit) that permits the heavy vehicle the subject of the exemption to be fitted with a blue light.

41Commissioner permission for fitting of blue light if vehicle standards exemption is not required

(1)This section applies to a heavy vehicle, other than a police vehicle, that under the heavy vehicle standards may be fitted with a blue light.
(2)The heavy vehicle standards are taken to further provide that the heavy vehicle may be fitted with a blue light only if the commissioner has given written permission for the fitting of the light.
(3)A written permission for the fitting with a blue light of a heavy vehicle to which this section applies, given by the commissioner before the commencement of this section and still in force immediately before the commencement, is taken to be a written permission for the fitting of the light given under subsection (2).
(4)This section applies in relation to a blue light whether or not it is a light that flashes.
(5)In this section—
police vehicle means a heavy vehicle driven by a police officer in the course of the police officer’s duty.

42Provision of information and assistance by Queensland information holder

(1)Despite any other Act or law, a Queensland information holder is authorised, on the Queensland information holder’s own initiative or at the request of the Regulator—
(a)to provide the Regulator with information (including personal information and information given in confidence) held by the department and reasonably required by the Regulator for administering the Law; and
(b)to provide the Regulator with other assistance reasonably required by the Regulator to exercise a function under the Law.
(2)To remove any doubt, it is declared that information given to the Regulator as authorised under subsection (1) is taken to be information obtained in the course of administering the Law, as mentioned in section 727(1), definition protected information, paragraph (a) of the Law.
(3)This section does not limit section 660 of the Law.
(4)Nothing done, or authorised to be done, by a Queensland information holder in acting under subsection (1)—
(a)constitutes a breach of, or default under, an Act or other law; or
(b)constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
(c)constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or
(d)constitutes a civil or criminal wrong; or
(e)terminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or
(f)releases a surety or any other obligee wholly or in part from an obligation.
(5)In this section—
Queensland information holder means—
(a)the chief executive; or
(b)an officer or employee of the department who has access to information held by the department in the ordinary course of performing duties in the department.

42AAuthorisation for s 688 of the Law (Payments into Fund)

(1)For section 688(1)(e) of the Law, an amount equal to the regulatory component of the charges payable for the registration of heavy vehicles is to be paid into the Fund.
(2)In this section—
regulatory component, of the charges payable for the registration of heavy vehicles, means the component of the charges prescribed under TORUM as the regulatory component of the charges.

Part 4A Other modifications of National Law

42BMeaning of National Law

In this part—
National Law means the Heavy Vehicle National Law set out in the Schedule.

42COperation of pt 4A

This part states other modifications of the National Law for the purpose of applying the Law as a law of this jurisdiction under section 4.

42DAmendment of s 598 (Power to cancel or suspend vehicle registration)

National Law, s 598(2)—

omit, insert

(2)The court may make an order that the registration of a heavy vehicle in relation to which the offence was committed and of which the person is a registered operator is cancelled.

Editor’s note—

This subsection is a substituted Queensland provision.

42EAmendment of s 707 (Proceedings for offences)

(1)National Law, section 707—
insert—
(3A)A complaint for a fatigue management offence may be heard at a place appointed for holding Magistrates Courts within the district within which the defendant was required to produce the defendant’s work diary under section 568.

Editor’s note—

This subsection is an additional Queensland provision.
(3B)Subsection (3A) has effect despite, but does not limit, the Justices Act 1886, section 139.

Editor’s note—

This subsection is an additional Queensland provision.
(2)National Law, section 707(4)—
insert—
fatigue management offence means an offence against any of the following provisions—
(a)section 250;
(b)section 251;
(c)section 254;
(d)section 256;
(e)section 258;
(f)part 6.4.

Editor’s note—

This definition is an additional Queensland provision.

Part 5 Miscellaneous

43Regulation-making power

(1)The Governor in Council may make regulations under the local application provisions of this Act.
(2)A regulation may modify the application of a national regulation in Queensland.

43AFees payable under Heavy Vehicle National Law (Queensland)

(1)This section provides for the fee payable for a matter under the Heavy Vehicle National Law (Queensland) if a provision of the Law refers to a fee that is or may be payable under a law of this jurisdiction for the matter.
(2)The fee payable for the matter, if any, is the amount prescribed under a regulation for the matter.

Part 6 Savings and transitional provisions

Division 1 The Regulator

44Savings provision for Regulator

(1)This section has effect for the purposes of—
(a)the commencement, on 12 October 2012, of Chapters 12 and 14 of the original HVNL(Q); and
(b)the commencement, after 12 October 2012, of Chapter 12 and Part 14.1 of the new HVNL(Q).
(2)Anything done under Chapter 12 or 14 of the original HVNL(Q) and still in effect immediately before the relevant commencement continues to have effect after the relevant commencement and may, if the circumstances permit, be taken to have been done under Chapter 12 or Part 14.1 of the new HVNL(Q).
(3)Without limiting subsection (2), the following things continue to have effect after the relevant commencement—
(a)establishment of the Regulator under the original HVNL(Q);
(b)appointment of members of the Board as in office immediately before the relevant commencement;
(c)appointment of the chief executive officer by the Board;
(d)decisions of the Board still in force immediately before the relevant commencement;
(e)actions taken by the Regulator still in effect immediately before the relevant commencement;
(f)agreements entered into by the Regulator and still in force immediately before the relevant commencement.
(4)In this section—
new HVNL(Q) means the Heavy Vehicle National Law (Queensland) as at the commencement of this section.
original HVNL(Q) means the Heavy Vehicle National Law (Queensland) as at 12 October 2012.
relevant commencement means the commencement of Chapter 12 of the new HVNL(Q).

Division 2 Operation of general savings and transitional provision

45Definitions for div 2

In this division—
commencement means the commencement of this division.
general savings and transitional provision means section 748 of the Law.

46Operation of general savings and transitional provision

This division does not affect the operation of the general savings and transitional provision except to the extent expressly provided for.

47Investigation and enforcement for offences committed before commencement

(1)To remove any doubt, it is declared that the general savings and transitional provision does not affect the operation of the Acts Interpretation Act 1954, section 20 in relation to a relevant offence.
(2)A transport Act, as in force before the commencement, continues to apply for the purposes of a relevant offence—
(a)as if the Law was not in force; and
(b)if the transport Act was amended on the commencement—as if the transport Act had not been amended on the commencement.

Example—

In the investigation of a relevant offence, an embargo notice is issued, before the commencement, under section 46B of TORUM. A breach of the embargo notice after the commencement would be dealt with as an offence under TORUM as in force before the commencement.
(3)Without limiting subsections (1) and (2)—
(a)a transport Act, as in force before the commencement, continues to have effect for all matters arising, whether before or after the commencement—
(i)in the investigation of the relevant offence; or
(ii)in the enforcement of any transport Act in relation to the relevant offence; and
(b)a proceeding for the relevant offence or an associated offence may be started under a transport Act as in force before the commencement; and
(c)the State Penalties Enforcement Act 1999, as in force before the commencement, applies to the relevant offence and any associated offence.

Examples—

1In the investigation of a relevant offence, an embargo notice could be issued, after the commencement, under section 46B of TORUM. A subsequent breach of the embargo notice would be dealt with as an offence under TORUM as in force before the commencement.
2A provision of TORUM that is repealed on the commencement, but that was in force before the commencement as an aid to the giving of evidence, would continue to apply, or could be applied, for a proceeding for an offence against a transport Act alleged to have been committed before the commencement.
(4)Section 748(5) of the Law applies to a relevant prosecution as if it were a prosecution referred to in section 748(3)(c) of the Law.
(5)In this section—
associated offence means any offence arising out of any investigation or enforcement as mentioned in subsection (3)(a).
relevant offence means an offence committed or suspected to have been committed under a transport Act before the commencement.
relevant prosecution means the prosecution of—
(a)a relevant offence; and
(b)any other offence that, under this section, is dealt with as an offence under a transport Act.

48Particular orders continue to have effect under TORUM after commencement

(1)The general savings and transitional provision does not apply to a TORUM order or VSS notice.
(2)TORUM, as in force before the commencement, continues to apply for the purposes of a TORUM order as if—
(a)the Law was not in force; and
(b)TORUM had not been amended on the commencement.

Example—

Before the commencement, a court made a supervisory intervention order under section 164B of TORUM, requiring a person to give a compliance report to the chief executive, as mentioned in section 164C of TORUM, by a stated time that is after the commencement. A failure to give the report by the stated time would be dealt with as an offence under section 164E of TORUM even though sections 164B and 164E are repealed on the commencement.
(3)TORUM, including the VSS regulation, as in force immediately before the commencement, continues to apply for the purposes of a VSS notice as if—
(a)the Law was not in force; and
(b)TORUM, including the VSS regulation, had not been amended on the commencement.
(4)Without limiting subsections (2) and (3)—
(a)TORUM, including the VSS regulation, as in force before the commencement, continues to have effect for all matters arising after the commencement—
(i)in the investigation of a relevant offence; or
(ii)in the enforcement of TORUM, including the VSS regulation, in relation to a relevant offence; and
(b)a proceeding for a relevant offence may be started under TORUM as in force before the commencement; and
(c)the State Penalties Enforcement Act 1999, as in force before the commencement, continues to have effect in relation to a relevant offence.
(5)Section 748(5) of the Law applies to the prosecution of a relevant offence as if it were a prosecution referred to in section 748(3)(c) of the Law.
(6)In this section—
relevant offence means an offence committed after the commencement relating to noncompliance with a TORUM order or VSS notice.
TORUM order means a requirement, direction, authorisation, notice or order if—
(a)it was made or given under a TORUM order provision before the commencement; and
(b)it applied to a vehicle that, on the commencement, becomes a heavy vehicle under the Law; and
(c)immediately before the commencement it was still in force to require a person to do or not to do something.
TORUM order provision means any of the following provisions of TORUM as in force before the commencement—
(a)section 36;
(b)section 37(1);
(c)section 38(2);
(d)section 39E(2) or (4);
(e)section 39F(2);
(f)section 39G(2);
(g)section 39K(2) or (3);
(h)section 39L(2) or (3);
(i)section 39M(2);
(j)section 39N(2);
(k)section 39Q(2);
(l)section 164B.
VSS notice means a defect notice given under section 8(2) of the VSS regulation if—
(a)it was given before the commencement; and
(b)it applied to a vehicle that, on the commencement, becomes a heavy vehicle under the Law; and
(c)immediately before the commencement it was still in force to require a person to do or not to do something.
VSS regulation means the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 of Queensland.

49Continuation of work diary exemption

(1)A relevant exemption continues in force under the Law to the greatest practicable extent as if it were a work diary exemption (permit) under the Law.
(2)However, for applying the Law to it, the relevant exemption—
(a)is not, and can not be made, the subject of a standard hours condition; and
(b)can not, when subsection (1) commences to have effect in relation to it, be made subject to any other conditions as mentioned in section 366(2) of the Law; and
(c)except to the extent it is amended or cancelled under section 370, 371 or 372 of the Law, continues in force until it would have expired if the Law had not been enacted.
(3)This section does not limit the application of the general savings and transitional provision to a work diary exemption under the fatigue regulation that is not a relevant exemption.
(4)In this section—
fatigue regulation means the Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 of Queensland.
relevant exemption means a work diary exemption under the fatigue regulation if the exemption—
(a)was granted on the basis of the chief executive’s satisfaction under section 158(3)(a) of the fatigue regulation; and
(b)was in force immediately before the commencement of this section.
standard hours condition means a condition as mentioned in section 366(1) of the Law.

50Declaratory regulation-making power for general savings and transitional provision

(1)A regulation (a declaratory regulation) may make provision of a declaratory nature, as provided for in subsection (2), in relation to the operation of the general savings and transitional provision.
(2)A declaratory regulation may in relation to a particular thing done under the former legislation before the commencement—
(a)declare that the general savings and transitional provision applies to it; or
(b)declare how the general savings and transitional provision applies to it.
(3)A declaratory regulation has effect according to its terms.
(4)The operation of the general savings and transitional provision is not limited by the making of a declaratory regulation other than to the extent provided for in the declaratory regulation.
(5)The transitional regulation-making power as provided for in division 3 does not apply to a declaratory regulation lawfully made under this section even if, apart from this section, the declaratory regulation could be made as a transitional regulation.
(6)A declaratory regulation may not have retrospective operation.
(7)If a declaratory regulation commences after the commencement, it does not affect the operation of the general savings and transitional provision in a way that disadvantages a person by—
(a)decreasing the person’s rights; or
(b)imposing liabilities on the person.
(8)A declaratory regulation must declare it is a declaratory regulation.

Division 3 General transitional matters

52References in documents to repealed or amended provisions

(1)This section applies to a document if—
(a)there is a reference in the document to a provision (the affected provision) of TORUM as in force before the commencement of this section; and
(b)the affected provision is repealed or amended on the commencement of this section having regard to the commencement of the Law.
(2)The reference may, if the context permits, be taken to be a reference to a provision of the Law corresponding to the affected provision.
(3)In this section—
document does not include an Act.

Schedule Heavy Vehicle National Law

section 4

Chapter 1 Preliminary

Part 1.1 Introductory matters

1Short title

This Law may be cited as the Heavy Vehicle National Law.

2Commencement

This Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction.

3Object of Law

The object of this Law is to establish a national scheme for facilitating and regulating the use of heavy vehicles on roads in a way that—
(a)promotes public safety; and
(b)manages the impact of heavy vehicles on the environment, road infrastructure and public amenity; and
(c)promotes industry productivity and efficiency in the road transport of goods and passengers by heavy vehicles; and
(d)encourages and promotes productive, efficient, innovative and safe business practices.

4Regulatory framework to achieve object

The object of this Law is to be achieved by a regulatory framework that—
(a)establishes an entity (the National Heavy Vehicle Regulator) with functions directed at ensuring the object is achieved; and
(b)provides for a database of heavy vehicles; and
(c)prescribes requirements about the following—
(i)the standards heavy vehicles must meet when on roads;
(ii)the maximum permissible mass and dimensions of heavy vehicles used on roads;
(iii)securing and restraining loads on heavy vehicles used on roads;
(iv)preventing drivers of heavy vehicles exceeding speed limits;
(v)preventing drivers of heavy vehicles from driving while fatigued; and
(d)imposes duties and obligations directed at ensuring heavy vehicles and drivers of heavy vehicles comply with requirements mentioned in paragraph (c)(i) to (v) on persons whose activities may influence whether the vehicles or drivers comply with the requirements; and
(e)includes measures directed at the matters mentioned in section 3(c) and (d) by allowing improved access to roads in certain circumstances, including by—
(i)allowing heavy vehicles, that would otherwise be prevented from being used on roads, access to the roads through exemptions or authorisations granted in circumstances in which the matters mentioned in section 3(a) and (b) will not be compromised; and
(ii)providing for accreditation schemes allowing operators of heavy vehicles who adopt best practices directed at the matters mentioned in section 3 to be subject to alternative requirements more suited to the operators’ business operations.

Part 1.2 Interpretation

5Definitions

In this Law—
100km work, for the purposes of Chapter 6, has the meaning given by section 289(1).
100+km work, for the purposes of Chapter 6, has the meaning given by section 289(2).
accreditation certificate means—
(a)for a heavy vehicle accreditation granted under this Law—the accreditation certificate given for the accreditation under section 464; or
(b)for a heavy vehicle accreditation granted under another law of a participating jurisdiction—the certificate of accreditation (however called) issued for the accreditation under that law.
ADR means—
(a)a third edition ADR; or
(b)a second edition ADR.
advice purposes means providing advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations.
ADR means a national standard under section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth.
AFM accreditation means—
(a)AFM accreditation granted under section 458; or
(b)accreditation of a similar kind under another law of a participating jurisdiction.
AFM fatigue management system, for the purposes of Chapters 6 and 8, has the meaning given by section 457.
AFM hours, for the purposes of Chapters 6 and 8, has the meaning given by section 257.
AFM standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.
agricultural implement means a vehicle without its own automotive power, built to perform agricultural tasks, and includes an agricultural trailer.

Examples—

auger
conveyor
field bin
harvester front
irrigating equipment or machinery
agricultural machine means a vehicle with its own automotive power, built to perform agricultural tasks.

Examples—

harvester, tractor
agricultural task means a task carried out in agriculture.

Examples of an agricultural task—

cultivating land
growing and harvesting crops
rearing livestock
agricultural trailer means a trailer that is designed to carry a load and used exclusively to perform agricultural tasks, but does not include a semitrailer.
agricultural vehicle means an agricultural implement or agricultural machine.
Application Act, of this jurisdiction, means the Act of this jurisdiction by which this Law applies as a law of this jurisdiction.
appropriately qualified, for a function, includes having the qualifications, experience or standing appropriate to exercise the function.

Example of standing—

a person’s classification level or position in the public service or a government agency of a participating jurisdiction
approved, by the responsible Ministers, for the purposes of Chapter 8, has the meaning given by section 457.
approved auditor, for the purposes of Chapter 8, has the meaning given by section 457.
approved electronic recording system has the meaning given by section 221.
approved form means a form approved by the Regulator under section 735.
approved guidelines means guidelines approved by the responsible Ministers under section 653.
approved intelligent transport system has the meaning given by section 403.
approved sleeper berth, for the purposes of Chapter 6, has the meaning given by section 221.
approved vehicle examiner means a person approved as a vehicle examiner under the national regulations (as referred to in section 731).
articulated bus means a bus with 2 or more rigid sections connected to one another in a way that allows—
(a)passenger access between the sections; and
(b)rotary movement between the sections.
AS means an Australian standard made or published by Standards Australia.
associate, of a person, means—
(a)if the person is an individual—
(i)the individual’s spouse or de facto partner; or
(ii)a relative of the individual, whether by blood, spousal relationship or adoption; or
(iii)an employee of the individual; or
(iv)an employee of a corporation of which the individual is an executive officer; or
(v)a partner of the individual; or
(vi)a corporation of which the individual is an executive officer; or
(vii)a corporation in which the individual holds a controlling interest; or
(viii)a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or
(ix)a person who is a beneficiary of a trust of which the individual is a trustee or beneficiary; or
(x)a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the individual; or
(xi)a person who is an associate of someone who is an associate of the individual; or
(b)if the person is a corporation—
(i)an executive officer of the corporation; or
(ii)an associate of an executive officer of the corporation; or
(iii)an employee of the corporation; or
(iv)a person who holds a controlling interest in the corporation; or
(v)a related body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, of the corporation; or
(vi)a person who is an associate of someone who is an associate of the corporation.
ATM (aggregate trailer mass), of a heavy trailer, means the total maximum mass of the trailer, as stated by the manufacturer, together with its load and the mass imposed on the towing vehicle by the trailer when the towing vehicle and trailer are on a horizontal surface.
Australian Accounting Standards means Accounting Standards issued by the Australian Accounting Standards Board.
Australian road law means—
(a)this Law; or
(b)another law of a State or Territory that regulates the use of vehicles on roads.
authorised officer means—
(a)a police officer declared by a law of a participating jurisdiction to be an authorised officer for the purposes of this Law; or
(b)a person who holds office under this Law as an authorised officer.
authorised use, for the purposes of Part 13.4, has the meaning given by section 727.
authorised warrant official, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be an authorised warrant official for that jurisdiction for the purposes of this Law.
axle means 1 or more shafts positioned in a line across a vehicle, on which 1 or more wheels intended to support the vehicle turn.
axle group means a tandem axle group, twinsteer axle group, tri-axle group or quad-axle group.
base, of the driver of a heavy vehicle—
1The base of the driver of a heavy vehicle, in relation to particular work—
(a)is the place from which the driver normally does the work; but
(b)is, for the purposes of Chapter 6, the garage address of the vehicle if—
(i)the vehicle is a fatigue-regulated heavy vehicle; and
(ii)the driver is required under Part 6.4, in relation to that particular work, to keep a work diary and to record the location of the driver’s base in the work diary, and has not done so.

Note—

The driver of a fatigue-regulated heavy vehicle may not be required under Part 6.4, in relation to particular work, to keep a work diary and to record the location of the driver’s base in the work diary, if, for example—

the driver is undertaking 100km work under standard hours
the driver is working under a work diary exemption

2For a driver who is a self-employed driver and an employed driver at different times, the driver may have one base as a self-employed driver under paragraph 1 and another base as an employed driver under that paragraph.
3For a driver who has 2 or more employers, the driver may have a different base in relation to each employer under paragraph 1.
B-double means a combination consisting of a prime mover towing 2 semitrailers, with the first semitrailer being attached directly to the prime mover by a fifth wheel coupling and the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer.

graphic image

Typical B-double

B-triple means a combination consisting of a prime mover towing 3 semitrailers, with—
(a)the first semitrailer being attached directly to the prime mover by a fifth wheel coupling; and
(b)the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer; and
(c)the third semitrailer being mounted on the rear of the second semitrailer by a fifth wheel coupling on the second semitrailer.

graphic image

Typical B-triple

BFM accreditation means—
(a)BFM accreditation granted under section 458; or
(b)accreditation of a similar kind under another law of a participating jurisdiction.
BFM fatigue management system, for the purposes of Chapter 8, has the meaning given by section 457.
BFM hours, for the purposes of Chapters 6 and 8, has the meaning given by section 253.
BFM standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.
Board means the National Heavy Vehicle Regulator Board established under section 662.
body of fatigue knowledge means any accreditation scheme, scientific knowledge, expert opinion, guidelines, standards or other knowledge about preventing or managing exposure to risks to safety either on a road or in a workplace, arising from fatigue.
bus means a heavy motor vehicle built or fitted to carry more than 9 adults (including the driver).
business practices, of a person, means the person’s practices in running a business associated with the use of a heavy vehicle on a road, including—
(a)the operating policies and procedures of the business; and
(b)the human resource and contract management arrangements of the business; and
(c)the arrangements for preventing or minimising public risks associated with the person’s practices.
cancel, for the purposes of Chapter 6 in relation to an unused daily sheet in a written work diary, has the meaning given by section 221.
category, of heavy vehicles, see section 15.
cause, a thing, includes—
(a)contribute to causing the thing; and
(b)encourage the thing.
centre-line, of an axle, means—
(a)for an axle consisting of 1 shaft—a line parallel to the length of the axle and passing through its centre; and
(b)for an axle consisting of 2 shafts—a line in the vertical plane passing through—
(i)the centre of both shafts; and
(ii)the centres of the wheels on the shafts.
class 1 heavy vehicle has the meaning given by section 116(1) and (2).
class 2 heavy vehicle has the meaning given by section 136.
class 2 heavy vehicle authorisation means—
(a)a class 2 heavy vehicle authorisation (notice); or
(b)a class 2 heavy vehicle authorisation (permit).
class 2 heavy vehicle authorisation (notice) has the meaning given by section 138(2).
class 2 heavy vehicle authorisation (permit) has the meaning given by section 143(2).
class 3 heavy vehicle has the meaning given by section 116(3).
combination means a group of vehicles consisting of a motor vehicle towing 1 or more other vehicles.
Commonwealth Gazette means the Commonwealth of Australia Gazette.
Commonwealth Gazette notice means notice published in the Commonwealth Gazette.
Commonwealth responsible Minister means the Commonwealth Minister nominated by the Commonwealth as the responsible Minister for the Commonwealth for the purposes of this Law.
compensation order has the meaning given by section 611(1).
complaint, for an offence, means a complaint, charge, notice or other process that starts a proceeding for the offence.
compliance purposes means—
(a)monitoring purposes; or
(b)investigation purposes.
complying container weight declaration has the meaning given by section 189.
component, of a heavy vehicle that is a combination, means—
(a)other than in Part 3.3, a component vehicle of the combination; or
(b)a component of any component vehicle of the combination.
component vehicle, of a heavy combination, means the towing vehicle or another vehicle in the combination.
condition includes a restriction.
conduct means an act, an omission to perform an act, or a state of affairs.
consent includes an approval or concurrence.
consign and consignor
A person consigns goods, and is a consignor of goods, for road transport using a heavy vehicle, if—
(a)the person has consented to being, and is, named or otherwise identified as a consignor of the goods in the transport documentation relating to the road transport of the goods; or
(b)the person engages an operator of the vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or
(c)if paragraphs (a) and (b) do not apply—the person has possession of, or control over, the goods immediately before the goods are transported by road.
consignee, of goods—
(a)means a person who—
(i)has consented to being, and is, named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the road transport of the goods; or
(ii)actually receives the goods after completion of their road transport; but
(b)does not include a person who merely unloads the goods.
container weight declaration
(a)means a written declaration, whether contained in 1 or more documents, stating or purporting to state the weight of a freight container and its contents; and

Examples—

an email, a placard fixed to the container

Note—

See the definition document in section 12 of Schedule 1.

(b)includes a copy of a declaration mentioned in paragraph (a).
contract includes an agreement.
converter dolly means a pig trailer with a fifth wheel coupling designed to convert a semitrailer into a dog trailer.

graphic image

Typical converter dolly

convict, a person of an offence, has the meaning given by section 9(1).
convicted, of an offence, has the meaning given by section 9(2).
convicted person
(a)for the purposes of Division 5 of Part 10.3, has the meaning given by section 599(a); or
(b)for the purposes of Division 6 of Part 10.3, has the meaning given by section 606(a).
corporation includes a body politic or corporate.
corresponding fatigue law, for the purposes of Chapter 6, has the meaning given by section 221.
critical risk breach, for a maximum work requirement or minimum rest requirement, has the meaning given by section 222(4).
daily sheet, for a written work diary, for the purposes of Chapter 6, has the meaning given by section 338(2)(b).
database of heavy vehicles means the database of heavy vehicles kept under section 686A.
daytime means the period of a day between sunrise and sunset.
de facto partner, of a person, means a person (whether of the same gender or a different gender) who is in a de facto relationship, within the meaning given by section 2F of the Acts Interpretation Act 1901 of the Commonwealth, with the person.
defective heavy vehicle, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.
defective vehicle label, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.
defendant, for a proceeding for an offence, means the person charged with the offence (whether called the defendant or the accused).
deficiency, for the purposes of Division 3 of Part 10.4, has the meaning given by section 626.
dimension requirement means—
(a)a prescribed dimension requirement (under section 101); or
(b)a requirement as to a dimension limit relating to a heavy vehicle under a condition to which a mass or dimension authority is subject (where the dimension limit is more restrictive than the relevant prescribed dimension requirement); or
(c)a requirement as to a dimension limit under a PBS vehicle approval; or
(d)a requirement as to a dimension limit indicated by an official traffic sign; or

Note—

See the definitions indicated and official traffic sign.

(e)a requirement as to a dimension limit for a component vehicle as prescribed by a heavy vehicle standard.
drive, a vehicle or combination, includes—
(a)be in control of the steering, movement or propulsion of the vehicle or combination; and
(b)for a trailer—drive a vehicle towing the trailer.
driver, of a vehicle or combination—
(a)means the person driving the vehicle or combination; and
(b)includes—
(i)a person accompanying the person driving the vehicle or combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey or part; and
(ii)a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit; and
(iii)where the driver is a driver under instruction, the holder of a driver licence occupying the seat in the vehicle or combination next to the driver.
driver fatigue compliance function, for the purposes of Part 13.4, has the meaning given by section 727(1).
driver fatigue provision, for the purposes of Part 13.4, has the meaning given by section 727(1).
driver licence means—
(a)a driver licence issued under a law of a State or Territory that regulates the use of vehicles on roads; or
(b)a licence, permit or other authorisation to drive a motor vehicle issued under a law of another country if a law mentioned in paragraph (a) exempts the holder of the licence, permit or other authorisation from the requirement to hold a driver licence under that law to drive a motor vehicle.
electronic recording system has the meaning given by section 221.
electronic recording system approval means an approval of an electronic recording system under Division 7 of Part 6.4.
electronic work diary has the meaning given by section 221.
electronic work diary authorised use, for the purposes of Part 13.4, has the meaning given by section 727(1).
electronic work diary information, for the purposes of Part 13.4, has the meaning given by section 727(1).
electronic work diary protected information, for the purposes of Part 13.4, has the meaning given by section 727(1).
embargo notice has the meaning given by section 557(2).
embargoed thing means a thing the subject of an embargo notice.
employed driver, of a heavy vehicle, means a person who is employed by someone else to drive the vehicle.
employee means an individual who is employed by someone else.
employer means a person who employs someone else.
encourage includes give an incentive.
entity includes a person, an unincorporated partnership and an unincorporated body.
entry, in a work record, for the purposes of Chapter 6, has the meaning given by section 221.
equipment, in relation to a heavy vehicle, includes tools, devices and accessories in the vehicle.
escort vehicle means a pilot vehicle that is driven by a police officer or another person authorised to direct traffic under an Australian road law.
examine includes analyse, test, account, measure, weigh, grade, gauge or identify.
executive officer, of a corporation, means—
(a)a director of the corporation; or
(b)any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned or takes part in the management of the corporation.
exemption hours, for the purposes of Chapter 6, has the meaning given by section 259.
exercise, for a function, includes perform.
extract, of a document, device or other thing, means a copy of any information contained in the document, device or other thing.

Note—

See the definition document in section 12 of Schedule 1.

false or misleading means false or misleading in a material particular.
fatigue has the meaning given by section 223.
fatigue record keeping exemption means—
(a)a fatigue record keeping exemption (notice); or
(b)a fatigue record keeping exemption (permit).
fatigue record keeping exemption (notice) has the meaning given by section 378.
fatigue record keeping exemption (permit) has the meaning given by section 383.
fatigue-regulated bus means a heavy motor vehicle built or fitted to carry more than 12 adults (including the driver).

Note—

A fatigue-regulated bus is a bus that weighs more than 4.5t for the purposes of being regulated under this Law.
fatigue-regulated heavy vehicle has the meaning given by section 7.
fifth wheel coupling means a device (other than an upper rotating element and a kingpin) used with a prime mover, semitrailer or converter dolly to—
(a)permit quick coupling and uncoupling; and
(b)provide for articulation.
film, a thing, includes—
(a)photograph or videotape the thing; and
(b)record an image of the thing in another way.
fit, to drive a heavy vehicle, or to start or stop its engine, for a person, means the person—
(a)is apparently physically and mentally fit to drive the vehicle, or start or stop its engine; and
(b)is not apparently affected by either or both of the following—
(i)alcohol;
(ii)a drug that affects a person’s ability to drive a vehicle; and
(c)is not found to have an alcohol concentration in the person’s blood or breath exceeding the amount permitted, under an Australian road law of this jurisdiction, for the driver of a heavy vehicle; and
(d)is not found to be under the influence of a drug or to have present in the person’s blood or saliva a drug that the driver of a heavy vehicle is not permitted to have present in the driver’s blood or saliva under an Australian road law of this jurisdiction.
freight container means—
(a)a re-usable container of the kind mentioned in AS 3711.1 that is designed for repeated use for transporting goods; or

Note—

AS 3711.1 may be purchased from Standards Australia at www.standards.org.au.
(b)a re-usable container of the same or a similar design and construction to a container mentioned in paragraph (a) though of different dimensions.
Fund means the National Heavy Vehicle Regulator Fund established under section 687.
garage address, of a heavy vehicle, means—
(a)for a heavy vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or
(b)for a heavy vehicle not normally kept at a depot when not in use—the address of the place of business or residence at which the vehicle is normally kept when not in use.
GCM (gross combination mass), of a motor vehicle, means the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—
(a)if the registration authority has specified the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—specified by the registration authority; or
(b)otherwise—stated by the motor vehicle’s manufacturer.
goods
(a)includes—
(i)animals (whether alive or dead); and
(ii)a container (whether empty or not); but
(b)does not include—
(i)people; or
(ii)fuel, water, lubricants and readily removable equipment required for the normal use of the vehicle or combination in which they are carried; or
(iii)personal items used by the driver of the vehicle or combination, or someone else necessary for the normal use of the vehicle, in which they are carried.
GVM (gross vehicle mass), of a vehicle, means the maximum loaded mass of the vehicle—
(a)if the registration authority has specified the vehicle’s maximum loaded mass—specified by the registration authority; or
(b)otherwise—stated by the vehicle’s manufacturer.
hauling unit means a motor vehicle that forms part of a combination, but does not include a prime mover.
heavy combination means a combination that is a heavy vehicle.
heavy motor vehicle means a motor vehicle that is a heavy vehicle.
heavy trailer means a trailer that is a heavy vehicle.
heavy vehicle has the meaning given by section 6.
heavy vehicle accreditation means—
(a)AFM accreditation; or
(b)BFM accreditation; or
(c)maintenance management accreditation; or
(d)mass management accreditation.
heavy vehicle standards has the meaning given by section 59.
higher mass limits, for the purposes of Chapter 7, has the meaning given by section 403.
HML authority, for the purposes of Chapter 7, has the meaning given by section 403.
home address means—
(a)for an individual—the individual’s residential address in Australia; or
(b)for a body corporate with a registered office in Australia—the address of the registered office; or
(c)for another person—the address of the person’s principal or only place of business in Australia.
identification details, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.
identification plate means a plate approved to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989.
identification plate means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth.
impaired by fatigue has the meaning given by section 225.
improvement notice has the meaning given by section 572(2).
in, a vehicle, includes on the vehicle.
indicated, by an official traffic sign, includes—
(a)indicated by way of a direction on an official traffic sign; and
(b)indicated by way of a direction, indication or requirement that, under a law, is prescribed as being given or imposed, because of an official traffic sign.
indictable offence means an offence mentioned in section 26F.
information includes—
(a)information in the form of a printed document; and

Note—

See the definitions printed and document in section 12 of Schedule 1.

(b)information stored electronically.
information notice, for a decision, means a notice stating the following—
(a)the decision;
(b)the reasons for the decision;
(c)the review and appeal information for the decision.
infringement notice means—
(a)an infringement notice issued under section 591; or
(b)an infringement notice, expiation notice, penalty notice or similar notice under the Infringement Notice Offences Law.
Infringement Notice Offences Law, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the Infringement Notice Offences Law for the purposes of this Law.
inspect, a thing, includes—
(a)open the thing and examine its contents; and
(b)test the thing or its contents or both.
intelligent access map means the spatial data set in electronic form, issued by TCA from time to time, that defines the national public road system.
intelligent access program agreement, for the purposes of Chapter 7, has the meaning given by section 403.
intelligent access program audit, for the purposes of Chapter 7, has the meaning given by section 403.
intelligent access program auditor means a person engaged by TCA for auditing activities conducted by intelligent access program service providers.
intelligent access program conditions has the meaning given by section 402.
intelligent access program information, for the purposes of Chapter 7, has the meaning given by section 403.
intelligent access program reporting entity, for the purposes of Chapter 6, has the meaning given by section 221.
intelligent access program service provider has the meaning given by section 403.
intelligent access program vehicle, for the purposes of Chapter 7, has the meaning given by section 403.
intelligent transport system means a system involving the use of electronic or other technology, whether located in a heavy vehicle or on or near a road or elsewhere, that is able to monitor, generate, record, store, display, analyse, transmit or report information about—
(a)any or all of the following—
(i)a heavy vehicle, its equipment or load;
(ii)the driver of a heavy vehicle;
(iii)an operator of a heavy vehicle;
(iv)anyone else involved in road transport using a heavy vehicle; and
(b)without limiting paragraph (a), the compliance or noncompliance with this Law of the use of a heavy vehicle on a road.
investigation purposes means investigating a contravention or suspected contravention of this Law.
journey documentation
(a)means a document, other than transport documentation, in any form—
(i)directly or indirectly associated with—
(A)a transaction for the actual or proposed road transport of goods or passengers using a heavy vehicle, or for a previous transport of the goods or passengers by any transport method; or
(B)goods or passengers, to the extent the document is relevant to a transaction for their actual or proposed road transport; and
(ii)whether relating to a particular journey or to journeys generally; and
(b)includes, for example, any or all of the following—
(i)a document kept, used or obtained by a responsible person for a heavy vehicle in connection with the transport of goods or passengers;
(ii)a workshop, maintenance or repair record relating to a heavy vehicle used, or claimed to be used, for transporting goods or passengers;
(iii)a subcontractor’s payment advice relating to goods or passengers or their transport;
(iv)records kept, used or obtained by the driver of a heavy vehicle used, or claimed to be used, for transporting goods or passengers;

Examples—

driver’s run sheet
work diary entry
fuel docket or receipt
food receipt
tollway receipt
pay record
mobile or other telephone record
(v)information reported through the use of an intelligent transport system;
(vi)a driver manual or instruction sheet;
(vii)an advice resulting from check weighing of a heavy vehicle’s mass or load performed before, during or after a journey.

Note—

See the definition document in section 12 of Schedule 1.

law enforcement agency means an agency that has functions or activities directed at the prevention, detection, investigation, prosecution or punishment of offences and other contraventions of a law for which penalties or sanctions may be imposed.
law enforcement purposes, for the purposes of Chapter 7, has the meaning given by section 403.
load, of a heavy vehicle or in a heavy vehicle, means—
(a)all the goods, passengers, drivers and other persons in the vehicle; and
(b)all fuel, water, lubricants and readily removable equipment carried in the vehicle and required for its normal use; and
(c)personal items used by the vehicle’s driver or someone else necessary for the normal use of the vehicle; and
(d)anything that is normally removed from the vehicle when not in use.
load, when used as a verb, and loader
A person loads goods in a heavy vehicle, and is a loader of goods in a heavy vehicle, if the person is a person who—
(a)loads the vehicle, or any container that is in or part of the vehicle, with the goods for road transport; or
(b)loads the vehicle with a freight container, whether or not it contains goods, for road transport.
loaded mass, of a vehicle, means the vehicle’s mass together with the mass of the vehicle’s load that is transmitted to the ground.
loading manager, for goods in a heavy vehicle, means—
(a)a person who manages, or is responsible for the operation of, regular loading or unloading premises for heavy vehicles where the goods are—
(i)loaded onto the heavy vehicle; or
(ii)unloaded from the heavy vehicle; or
(b)a person who has been assigned by a person mentioned in paragraph (a) as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader or unloader of goods at regular loading or unloading premises for heavy vehicles.
loading requirements has the meaning given by section 110.
local government authority, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be a local government authority for that jurisdiction for the purposes of this Law.
maintenance management accreditation means—
(a)maintenance management accreditation granted under section 458; or
(b)accreditation of a similar kind under another law of a participating jurisdiction.
maintenance management standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.
maintenance management system, for the purposes of Chapter 8, has the meaning given by section 457.
major defect notice means a notice complying with the requirements for a major defect notice under section 527.
major defect notice has the meaning given by section 526(2)(a).
major rest break, for the purposes of Chapter 6, has the meaning given by section 221.
malfunction
(a)for the purposes of Chapter 6, has the meaning given by section 221; and
(b)for the purposes of Chapter 7, has the meaning given by section 403.
management member, of an unincorporated body, means—
(a)if the body has a management committee—each member of the management committee; or
(b)otherwise—each member who is concerned with, or takes part in, the body’s management, whatever name is given to the member’s position in the body.
mass, dimension or loading requirement means a mass requirement, dimension requirement or loading requirement.
mass management accreditation means—
(a)mass management accreditation granted under section 458; or
(b)accreditation of a similar kind under another law of a participating jurisdiction.
mass management standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.
mass management system, for the purposes of Chapter 8, has the meaning given by section 457.
mass or dimension authority means—
(a)a mass or dimension exemption; or
(b)a class 2 heavy vehicle authorisation.
mass or dimension exemption means—
(a)a mass or dimension exemption (notice); or
(b)a mass or dimension exemption (permit).
mass or dimension exemption (notice) has the meaning given by section 117(2).
mass or dimension exemption (permit) has the meaning given by section 122(3).
mass requirement means—
(a)a prescribed mass requirement (under section 95); or
(b)a requirement as to a mass limit relating to a heavy vehicle under a condition to which a mass or dimension authority is subject (where the mass limit is lower than the relevant prescribed mass requirement); or
(c)a requirement as to a mass limit under a PBS vehicle approval; or
(d)a requirement as to a mass limit indicated by an official traffic sign; or

Note—

See the definitions indicated and official traffic sign.

(e)a requirement as to a mass limit under the GVM or GCM for a heavy vehicle; or
(f)a requirement as to a mass limit for a component vehicle as stated by the manufacturer or as prescribed by a heavy vehicle standard.
maximum work requirement means a requirement of Chapter 6 relating to a maximum work time for the driver of a fatigue-regulated heavy vehicle.
maximum work time means the maximum time the driver of a fatigue-regulated heavy vehicle may drive a fatigue-regulated heavy vehicle, or otherwise work, without taking a rest.
minimum rest requirement means a requirement of Chapter 6 relating to the minimum rest time for the driver of a fatigue-regulated heavy vehicle.
minimum rest time means the minimum time the driver of a fatigue-regulated heavy vehicle must rest in order to break up the period of time the driver drives a fatigue-regulated heavy vehicle or otherwise works.
minor defect notice means a notice complying with the requirements for a minor defect notice under section 527.
minor defect notice has the meaning given by section 526(2)(b).
minor risk breach
(a)for a mass requirement—has the meaning given by section 98; or
(b)for a dimension requirement—has the meaning given by section 105; or
(c)for a loading requirement—has the meaning given by section 112; or
(d)for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(1).
modification, for the purposes of Part 3.3, has the meaning given by section 84.
monitoring purposes means finding out whether this Law is being complied with.
motor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle.
Motor Vehicle Standards Act 1989 means the repealed Motor Vehicle Standards Act 1989 of the Commonwealth as in force before its repeal.
national regulations means the regulations made under section 730.
National Transport Commission means the National Transport Commission established by the National Transport Commission Act 2003 of the Commonwealth.
night means the period between sunset on a day and sunrise on the next day.
night rest break means—
(a)7 continuous hours stationary rest time between 10p.m. on a day and 8a.m. on the next day; or

Note—

Under sections 248 and 303, the time must be based on the time zone of the driver's base for drivers on a journey in a different time zone to the driver's base.
(b)24 continuous hours stationary rest time.
night work time, for the purposes of Chapter 6, has the meaning given by section 221.
noncompliance report, for the purposes of Chapter 7, has the meaning given by section 403.
non-participating jurisdiction, for the purposes of Chapter 6, has the meaning given by section 221.
notice
(a)means written notice; and
(b)for the purposes of Division 5B of Part 9.4, has the meaning given by section 576D.
occupier, of a place, includes the following—
(a)if there is more than 1 person who apparently occupies the place—any 1 of the persons;
(b)any person at the place who is apparently acting with the authority of a person who apparently occupies the place;
(c)if no-one apparently occupies the place—any person who is an owner of the place.
official means any of the following persons exercising a function under this Law—
(a)the Regulator;
(b)a road authority;
(c)an authorised officer.
official traffic sign means a sign or device erected or placed, under a law, by a public authority (including, for example, a police force or police service) to regulate traffic.
operate and operator
A person operates a vehicle or combination, and is an operator of the vehicle or combination, if the person is responsible for controlling or directing the use of—
(a)for a vehicle (including a vehicle in a combination)—the vehicle; or
(b)for a combination—the towing vehicle in the combination.
oversize vehicle means a heavy vehicle that does not comply with a dimension requirement applying to it.
owner
(a)of a vehicle means—
(i)each person who is an owner, joint owner or part owner of the vehicle; or
(ii)a person who has the use or control of the vehicle under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or
(b)of a combination means—
(i)each person who is an owner, joint owner or part owner of the towing vehicle in the combination; or
(ii)a person who has the use or control of the towing vehicle in the combination under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or
(c)of a sample means an owner of the sample or the thing from which it was taken.
pack and packer
A person packs goods, and is a packer of goods, if the person—
(a)puts the goods in packaging, even if that packaging is already on a vehicle; or

Example for the purposes of paragraph (a)—

A person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport.
(b)assembles the goods as packaged goods in an outer packaging, even if that packaging is already on a vehicle; or
(c)supervises an activity mentioned in paragraph (a) or (b); or
(d)manages or controls an activity mentioned in paragraph (a), (b) or (c).
packaging, in relation to goods, means anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported.

Note—

It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which goods are directly placed.
participating jurisdiction
(a)for the purposes of this Law other than Chapter 6—means a State or Territory in which—
(i)this Law applies as a law of the State or Territory; or
(ii)a law that substantially corresponds to the provisions of this Law has been enacted; or
(iii)a law prescribed by the national regulations for the purposes of this subparagraph has been enacted; or
(b)for the purposes of Chapter 6—has the meaning given by section 221.
party in the chain of responsibility, for a heavy vehicle, means each of the following persons—
(a)if the vehicle’s driver is an employed driver—an employer of the driver;
(b)if the vehicle’s driver is a self-employed driver—a prime contractor for the driver;
(c)an operator of the vehicle;
(d)a scheduler for the vehicle;
(e)a consignor of any goods in the vehicle;
(f)a consignee of any goods in the vehicle;
(g)a packer of any goods in the vehicle;
(h)a loading manager for any goods in the vehicle;
(i)a loader of any goods in the vehicle;
(j)an unloader of any goods in the vehicle.
passenger, of a vehicle, means any person carried in the vehicle other than the vehicle’s driver or someone else necessary for the normal use of the vehicle.
PBS design approval means a current approval given under section 22 for the design of a type of heavy vehicle that, if built to the design, is eligible for PBS vehicle approval.

Note—

‘PBS’ stands for performance based standards.
PBS Review Panel means an advisory body appointed by the Regulator to provide expert advice in the assessment of applications for PBS design approvals or PBS vehicle approvals and of their impacts.

Note—

The membership of the PBS Review Panel consists of one representative of each State and Territory, an independent Chairperson and an independent Deputy Chairperson. The Commonwealth may, if it decides to do so, nominate a representative of the Commonwealth. The procedure of the Panel is as determined by the Regulator.
PBS vehicle means a heavy vehicle that is the subject of a current PBS vehicle approval under Part 1.4.
PBS vehicle approval means a current approval issued for a heavy vehicle by the Regulator under section 23.
personal information
(a)generally, means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be found out, from the information or opinion; and
(b)for the purposes of Chapter 7, has the meaning given by section 403.
pig trailer means a trailer—
(a)with 1 axle group or a single axle near the middle of its load carrying surface; and
(b)connected to the towing vehicle by a drawbar.
pilot vehicle means a motor vehicle that accompanies an oversize vehicle to warn other road users of the oversize vehicle’s presence.
place of business, for the purposes of Part 9.2, has the meaning given by section 494.
pole-type trailer means a trailer that—
(a)is attached to a towing vehicle by a pole or an attachment fitted to a pole; and
(b)is ordinarily used for transporting loads, such as logs, pipes, structural members, or other long objects, that can generally support themselves like beams between supports.

graphic image

Pole-type trailer

police commissioner means the head of the police force or police service (however called) of a participating jurisdiction.
premises
(a)means a building or other structure, a vessel, or another place (whether built on or not)—
(i)from which a business is carried out; or
(ii)at or from which goods are loaded onto or unloaded from vehicles; and
(b)includes a part of a building, structure, vessel or place mentioned in paragraph (a).
prescribed dimension requirement means a requirement prescribed by the national regulations under section 101.
prescribed fee means a fee prescribed by the national regulations under section 740(1).
prescribed mass requirement means a requirement prescribed by the national regulations under section 95.
previous corresponding law
1A previous corresponding law is a law of a participating jurisdiction that, before the participation day for the jurisdiction, provided for the same, or substantially the same, matters as the provisions of this Law.
2A previous corresponding law for a provision of this Law is a provision of a previous corresponding law within the meaning of paragraph 1 that corresponds, or substantially corresponds, to the provision of this Law.
3For the purposes of paragraph 1, it is irrelevant whether the law of the participating jurisdiction—
(a)is in 1 instrument or 2 or more instruments; or
(b)is part of an instrument; or
(c)is part of an instrument and the whole or part of 1 or more other instruments.
prime contractor, of the driver of a heavy vehicle, means a person who engages the driver to drive the vehicle under a contract for services.

Example—

a logistics business that engages a subcontractor to transport goods.
prime mover means a heavy motor vehicle designed to tow a semitrailer.
prohibition notice has the meaning given by section 576A(3).
prohibition order has the meaning given by section 607(1).
promisee see section 590A.
protected information, for the purposes of Part 13.4, has the meaning given by section 727.
public authority means—
(a)a State or Territory or the Commonwealth, in any capacity; or
(b)a body established under a law, or the holder of an office established under a law, for a public purpose, including a local government authority.
public notice means a notice—
(a)in the Commonwealth Gazette; and
(b)on the Regulator’s website; and
(c)if the Regulator considers it appropriate—in another way, including, for example, in a national newspaper.
public place means a place or part of a place—
(a)that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or
(b)the occupier of which allows members of the public to enter, whether or not on payment of money.
public risk means—
(a)a safety risk; or
(b)a risk of damage to road infrastructure.
public safety means the safety of persons or property, including the safety of—
(a)the drivers of, and passengers and other persons in, vehicles and combinations; and
(b)persons or property in or in the vicinity of, or likely to be in or in the vicinity of, road infrastructure and public places; and
(c)vehicles and combinations and any loads in them.
public safety ground, for a reviewable decision, has the meaning given by section 640.
quad-axle group means a group of 4 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 3.2m but not more than 4.9m.
qualified, to drive a heavy vehicle, or to start or stop its engine, for a person, means the person—
(a)holds a driver licence of the appropriate class to drive the vehicle that is not suspended; and
(b)is not prevented under a law, including, for example, by the conditions of the driver licence, from driving the vehicle at the relevant time.
Queensland Minister means the responsible Minister for Queensland.
reasonably believes means believes on grounds that are reasonable in the circumstances.
reasonably practicable, in relation to a duty, means that which is, or was at a particular time, reasonably able to be done in relation to the duty, weighing up all relevant matters, including—
(a)the likelihood of a safety risk, or damage to road infrastructure, happening; and
(b)the harm that could result from the risk or damage; and
(c)what the person knows, or ought reasonably to know, about the risk or damage; and
(d)what the person knows, or ought reasonably to know, about the ways of—
(i)removing or minimising the risk; or
(ii)preventing or minimising the damage; and
(e)the availability and suitability of those ways; and
(f)the cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage.
reasonably satisfied means satisfied on grounds that are reasonable in the circumstances.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
record keeper has the meaning given by section 317.
record location, of the driver of a fatigue-regulated heavy vehicle, for the purposes of Chapter 6, has the meaning given by section 290.
registered industry code of practice means an industry code of practice registered under section 706.
registered interest means an interest registered under the Personal Property Securities Act 2009 of the Commonwealth by a secured party for which the thing or sample is collateral.
registered operator, of a heavy vehicle, means the person recorded on a vehicle register as the person responsible for the vehicle, however named, kept under another Australian road law.
registration, of a heavy vehicle, means registration of the vehicle under an Australian road law.
registration authority, for a heavy vehicle, means the authority responsible for the registration of the vehicle under an Australian road law.
registration item means a document, number plate, label or other thing relating to the registration or purported registration of a heavy vehicle.

Note—

See the definition document in section 12 of Schedule 1.

registration number, for a heavy vehicle, means the identifying registration number, however described, given to the vehicle under an Australian road law.
regular loading or unloading premises
1Regular loading or unloading premises, for heavy vehicles, means premises at or from which an average of at least 5 heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.
2For the purposes of paragraph 1, an average of at least 5 heavy vehicles are loaded or unloaded at or from premises on each day the premises are operated for loading or unloading heavy vehicles if—
(a)for premises operated for loading or unloading heavy vehicles for 12 months or more—during the previous 12 months, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles; or
(b)for premises operated for loading or unloading heavy vehicles for less than 12 months—during the period the premises have been in operation for loading or unloading heavy vehicles, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles.
3In the application of this definition to the definition loading manager where used in Chapter 6, references in paragraphs 1 and 2 to ‘an average of at least 5 heavy vehicles’ are to be read as references to an average of at least 5 fatigue-regulated heavy vehicles.

Note—

Consequently, Chapter 6 applies to a person as a loading manager only if the premises concerned are premises at or from which an average of at least 5 fatigue-regulated heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.
Regulator means the National Heavy Vehicle Regulator established under section 656.
Regulator’s website means the website of the Regulator on the internet.
relevant appeal body, for the purposes of Chapter 11, has the meaning given by section 640.
relevant contravention, for the purposes of Chapter 7, has the meaning given by section 403.
relevant emission, for a heavy vehicle, means noise emission, gaseous emission or particle emission emanating from the vehicle.
relevant garage address, of a heavy vehicle, means—
(a)the heavy vehicle’s garage address; or
(b)if the heavy vehicle is a combination—the garage address of the towing vehicle in the combination.
relevant jurisdiction, for the purposes of Chapter 11, has the meaning given by section 640.
relevant management system, for the purposes of Chapter 8, has the meaning given by section 457.
relevant monitoring matters, for the purposes of Chapter 7, has the meaning given by section 403.
relevant place, for the purposes of Part 9.2, has the meaning given by section 494.
relevant police commissioner, in relation to a police officer, means the police commissioner for the police force or police service (however called) of which the police officer is a member.
relevant road manager, for a mass or dimension authority, means a road manager for a road in the area, or on the route, to which the authority applies.
relevant standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.
relevant tribunal or court, for a participating jurisdiction, means a tribunal or court that is declared by a law of that jurisdiction to be the relevant tribunal or court for that jurisdiction for the purposes of this Law.
residence, for the purposes of Part 9.2, has the meaning given by section 494(1).
responsible entity, for a freight container, means—
(a)the person who, in Australia, consigned the container for road transport using a heavy vehicle; or
(b)if there is no person as described in paragraph (a)—the person who, in Australia, for a consignor, arranged for the container’s road transport using a heavy vehicle; or
(c)if there is no person as described in paragraph (a) or (b)—the person who, in Australia, physically offered the container for road transport using a heavy vehicle.
responsible Minister, for a participating jurisdiction, means the Minister of that jurisdiction nominated by it as its responsible Minister for the purposes of this Law.
responsible Ministers means a group of Ministers consisting of—
(a)the responsible Minister for each participating jurisdiction; and
(b)the Commonwealth responsible Minister.

Note—

See also section 655(3).
responsible person, for a heavy vehicle, means a person having, at a relevant time, a role or responsibility associated with road transport using the vehicle, and includes any of the following—
(a)an owner of the vehicle or, if it is a combination, an owner of a heavy vehicle forming part of the combination;
(b)the vehicle’s driver;
(c)an operator or registered operator of the vehicle or, if it is a combination, an operator or registered operator of a heavy vehicle forming part of the combination;
(d)a person in charge or apparently in charge of—
(i)the vehicle; or
(ii)the vehicle’s garage address or, if it is a combination, the garage address of a heavy vehicle forming part of the combination; or
(iii)a base of the vehicle’s driver;
(e)a person appointed under a heavy vehicle accreditation to have monitoring or other responsibilities under the accreditation, including, for example, responsibilities for certifying, monitoring or approving the use of heavy vehicles under the accreditation;
(f)a person who provides to an owner or registered operator of the vehicle or, if it is a combination, an owner or registered operator of a heavy vehicle forming part of the combination, an intelligent transport system for the vehicle;
(g)a person in charge of a place entered by an authorised officer under this Law for the purpose of exercising a power under this Law;
(h)a consignor of goods for road transport;
(i)a packer of goods in a freight container or other container or in a package or on a pallet for road transport;
(j)a person who loads goods or a container for road transport;
(k)a person who unloads goods or a container containing goods consigned for road transport;
(l)a person to whom goods are consigned for road transport;
(m)a person who receives goods packed outside Australia in a freight container or other container or on a pallet for road transport in Australia;
(n)an owner or operator of a weighbridge or weighing facility used to weigh the vehicle, or an occupier of the place where the weighbridge or weighing facility is located;
(o)a responsible entity for a freight container on the vehicle;
(p)a loading manager for goods in heavy vehicles for road transport or another person who controls or directly influences the loading of goods for road transport;
(q)a scheduler for the vehicle;
(r)an employer, employee, agent or subcontractor of a person mentioned in any of paragraphs (a) to (q).
rest, in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221.
rest time, for the purposes of Chapter 6, has the meaning given by section 221.
review and appeal information
(a)for a decision made by the Regulator or an authorised officer who is not a police officer, means the following information—
(i)that, under section 641, a dissatisfied person for the decision may ask for the decision to be reviewed by the Regulator;
(ii)that, under section 642, the person may apply for the decision to be stayed by a relevant tribunal or court unless the decision was made by the Regulator on the basis of a public safety ground;
(iii)that, in relation to the Regulator’s decision on the review, the person may—
(A)under section 647, appeal against the decision to a relevant tribunal or court; and
(B)under section 648, apply for the decision to be stayed by a relevant tribunal or court unless the reviewable decision to which the review decision relates was made by the Regulator on the basis of a public safety ground; and
(b)for a decision made by a road manager (for a road) that is a public authority, means the following information—
(i)that, under section 641, a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed;
(ii)that, under section 643, the Regulator must refer the application to the road manager for review;
(iii)that the decision of the road manager on the review is not subject to further review or appeal under this Law; and
(c)for a decision made by an authorised officer who is a police officer, or a road manager (for a road) that is not a public authority, means that the decision is not subject to review or appeal under this Law.
review application, for the purposes of Chapter 11, has the meaning given by section 640.
review decision, for the purposes of Chapter 11, has the meaning given by section 640.
reviewable decision has the meaning given by section 640.
reviewer, for the purposes of Chapter 11, has the meaning given by section 640.
rigid, other than in the definition articulated bus, means not articulated.
risk category
(a)for a contravention of a mass, dimension or loading requirement, means 1 of the following categories—
(i)minor risk breach;
(ii)substantial risk breach;
(iii)severe risk breach; or
(b)for a contravention of a maximum work requirement or minimum rest requirement, means 1 of the following categories—
(i)minor risk breach;
(ii)substantial risk breach;
(iii)severe risk breach;
(iv)critical risk breach.
road has the meaning given by section 8.

Note—

See also section 13.
road authority, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be the road authority for that jurisdiction for the purposes of this Law.
road condition has the meaning given by section 154.
road infrastructure includes—
(a)a road, including its surface or pavement; and
(b)anything under or supporting a road or its surface or pavement; and
(c)any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and
(d)any bridge or other work or structure located above, in or on a road; and
(e)any traffic control devices, railway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything mentioned in paragraphs (a) to (d).
road manager, for a road in a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be the road manager for the road for the purposes of this Law.
road-related area has the meaning given by section 8.
Road Rules, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the Road Rules for the purposes of this Law.
road train means—
(a)a B-triple; or
(b)a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers, excluding any converter dolly supporting a semitrailer.

graphic image

Typical triple road train

road transport means transport by road.
Road Vehicle Standards Act 2018 means the Road Vehicle Standards Act 2018 of the Commonwealth.
route assessment, for the purposes of Part 4.7, has the meaning given by section 154.
safety duty means a duty imposed under any of the following provisions—
(a)section 26C;
(b)section 26E(1) or (2);
(c)section 89(1);
(d)section 93(1), (2) or (3);
(e)section 129(1), (2) or (3);
(f)section 137;
(g)section 150(1);
(h)section 153A(1);
(i)section 186(2), (3), (4) or (5);
(j)section 187(2) or (3);
(k)section 335(1);
(l)section 336(1);
(m)section 337(2);
(n)section 454(1) or (2);
(o)section 467;
(p)section 470(2), (3) or (4);
(q)section 604;
(r)section 610.
safety risk means a risk—
(a)to public safety; or
(b)of harm to the environment.
schedule, for the driver of a heavy vehicle, means—
(a)the schedule for the transport of any goods or passengers by the vehicle; or
(b)the schedule of the driver’s work times and rest times.
scheduler, for a heavy vehicle, means a person who—
(a)schedules the transport of any goods or passengers by the vehicle; or
(b)schedules the work times and rest times of the vehicle’s driver.
second edition ADR means an ADR incorporated in the document described as the ‘Australian Design Rules for Motor Vehicle Safety, Second Edition’ originally published by the former Commonwealth Department of Transport.
self-clearing defect notice means a notice complying with the requirements for a self-clearing defect notice under section 527.
self-employed driver, of a heavy vehicle, means a driver of the vehicle who is not an employed driver of the vehicle.
semitrailer means a trailer that has—
(a)1 axle group or a single axle towards the rear; and
(b)a means of attachment to a prime mover that results in some of the mass of the trailer’s load being imposed on the prime mover.
severe risk breach
(a)for a mass requirement—has the meaning given by section 100; or
(b)for a dimension requirement—has the meaning given by section 107; or
(c)for a loading requirement—has the meaning given by section 114; or
(d)for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(3).
severe risk breach lower limit
(a)for the purposes of Division 2 of Part 4.2, has the meaning given by section 97; or
(b)for the purposes of Division 2 of Part 4.3, has the meaning given by section 104.
sign of fatigue, for the purposes of Chapter 6, has the meaning given by section 221.
single axle means—
(a)1 axle; or
(b)2 axles with centres between transverse, parallel, vertical planes spaced less than 1.0m apart.
solo driver, for the purposes of Chapter 6, has the meaning given by section 221.
speed limit means—
(a)a speed limit applying under this Law, the Road Rules or another law; and
(b)when used in the context of a speed limit applying to the driver of a heavy vehicle—a speed limit applying to the driver or the vehicle (or both) under this Law, the Road Rules or another law (whether it applies specifically to the particular driver or the particular vehicle or it applies to all drivers or vehicles or to a class of drivers or vehicles to which the driver or vehicle belongs).

Note—

A reference to a speed limit applying under this Law, the Road Rules or another law covers both—

a speed limit specified in this Law, the Road Rules or other law
a speed limit specified in an instrument, or in some other manner, under this Law, the Road Rules or other law (for example, a speed limit specified in a permit or a Commonwealth Gazette notice)

standard hours, for the purposes of Chapter 6, has the meaning given by section 249.
Standards Australia means Standards Australia Limited CAN 087 326 690, and includes a reference to the Standards Association of Australia as constituted before 1 July 1999.
stationary rest time has the meaning given by section 221.
substantial risk breach
(a)for a mass requirement—has the meaning given by section 99; or
(b)for a dimension requirement—has the meaning given by section 106; or
(c)for a loading requirement—has the meaning given by section 113; or
(d)for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(2).
substantial risk breach lower limit
(a)for the purposes of Division 2 of Part 4.2, has the meaning given by section 97; or
(b)for the purposes of Division 2 of Part 4.3, has the meaning given by section 104.
suitable rest place, for fatigue-regulated heavy vehicles, means—
(a)a rest area designated for use, and able to be used, by fatigue-regulated heavy vehicles; or
(b)a place at which a fatigue-regulated heavy vehicle may be safely and lawfully parked.
supervisory intervention order has the meaning given by section 600(1).
supplementary record, for the purposes of Chapter 6, has the meaning given by section 221.
tamper
(a)with an emission control system, for the purposes of section 91, has the meaning given by that section; or
(b)with a plate or label, for the purposes of section 87A, has the meaning given by that section; or
(c)with a speed limiter, for the purposes of section 93, has the meaning given by that section; or
(d)with an approved electronic recording system, for the purposes of Chapter 6, has the meaning given by section 334; or
(e)with an approved intelligent transport system, for the purposes of Chapter 7, has the meaning given by section 403.
tandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre-lines of the outermost axles is at least 1m but not more than 2m.
TCA means Transport Certification Australia Limited ACN 113 379 936.
Territory means the Australian Capital Territory or the Northern Territory.
the State means the Crown in right of this jurisdiction, and includes—
(a)the Government of this jurisdiction; and
(b)a Minister of the Crown in right of this jurisdiction; and
(c)a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.
third edition ADR means—
(a)a national standard under section 7 of the Motor Vehicle Standards Act 1989; or
(b)a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018.
third party insurance legislation means—
(a)legislation about compensation for third parties who are injured or killed by the use of motor vehicles or trailers; or
(b)legislation about payment of contributions towards compensation of that kind; or
(c)legislation requiring public liability insurance.
this jurisdiction see the law of each participating jurisdiction for the meaning of this term.
this Law means—
(a)this Law as it applies as a law of a participating jurisdiction; or
(b)a law of a participating jurisdiction that—
(i)substantially corresponds to the provisions of this Law; or
(ii)is prescribed by the national regulations for the purposes of paragraph (a)(iii) of the definition participating jurisdiction.

Note—

See also section 11.
tow truck means—
(a)a heavy motor vehicle that is—
(i)equipped with a crane, winch, ramp or other lifting device; and
(ii)used or intended to be used for the towing of motor vehicles; or
(b)a heavy motor vehicle to which is attached, temporarily or otherwise, a trailer or device that is—
(i)equipped with a crane, winch, ramp or other lifting device; and
(ii)used or intended to be used for the towing of motor vehicles.
tractor means a motor vehicle used for towing purposes, other than—
(a)a motor vehicle designed to carry goods or passengers; or
(b)a tow truck.
traffic includes vehicular traffic, pedestrian traffic and all other forms of road traffic.
trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle being towed.
transport activities means activities, including business practices and making decisions, associated with the use of a heavy vehicle on a road, including, for example—
(a)contracting, directing or employing a person—
(i)to drive the vehicle; or
(ii)to carry out another activity associated with the use of the vehicle (such as maintaining or repairing the vehicle); or
(b)consigning goods for transport using the vehicle; or
(c)scheduling the transport of goods or passengers using the vehicle; or
(d)packing goods for transport using the vehicle; or
(e)managing the loading of goods onto or unloading of goods from the vehicle; or
(f)loading goods onto or unloading goods from the vehicle; or
(g)receiving goods unloaded from the vehicle.
transport documentation means each of the following—
(a)each contractual document directly or indirectly associated with—
(i)a transaction for the actual or proposed road transport of goods or passengers or any previous transport of the goods or passengers by any transport method; or
(ii)goods or passengers, to the extent the document is relevant to the transaction for their actual or proposed road transport;
(b)each document—
(i)contemplated in a contractual document mentioned in paragraph (a); or
(ii)required by law, or customarily given, in connection with a contractual document or transaction mentioned in paragraph (a).

Examples—

bill of lading
consignment note
container weight declaration
contract of carriage
delivery order
export receival advice
invoice
load manifest
sea carriage document
vendor declaration

Note—

See the definition document in section 12 of Schedule 1.

travel condition has the meaning given by section 154.
tri-axle group means a group of at least 3 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 2m but not more than 3.2m.
truck means a rigid motor vehicle built mainly as a load carrying vehicle.
twinsteer axle group means a group of 2 axles—
(a)with single tyres; and
(b)fitted to a motor vehicle; and
(c)connected to the same steering mechanism; and
(d)the horizontal distance between the centre-lines of which is at least 1m but not more than 2m.
two-up driving arrangement, for the purposes of Chapter 6, has the meaning given by section 221.
unattended, for a heavy vehicle, for the purposes of Division 3 of Part 9.3, has the meaning given by section 515.
under, for a law or a provision of a law, includes—
(a)by; and
(b)for the purposes of; and
(c)in accordance with; and
(d)within the meaning of.
unincorporated body includes an unincorporated local government authority, but does not include an unincorporated partnership.
unincorporated local government authority means a local government authority that is not a body corporate.
unload and unloader
A person unloads goods in a heavy vehicle, and is an unloader of goods in a heavy vehicle, if the person is a person who—
(a)unloads from the vehicle, or any container that is in or part of the vehicle, goods that have been transported by road; or
(b)unloads from the vehicle a freight container, whether or not it contains goods, that has been transported by road.
unregistered heavy vehicle means a heavy vehicle that is not registered.
unregistered heavy vehicle permit means a permit granted or issued under an Australian road law authorising the use of an unregistered heavy vehicle on a road.
use, a heavy vehicle on a road, includes standing the vehicle on the road.
vehicle condition has the meaning given by section 154.
vehicle defect notice means a major defect notice, minor defect notice or self-clearing defect notice.
vehicle defect notice means a major defect notice or a minor defect notice.
vehicle identifier, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.
vehicle standards exemption means—
(a)vehicle standards exemption (notice); or
(b)vehicle standards exemption (permit).
vehicle standards exemption (notice) has the meaning given by section 61(2).
vehicle standards exemption (permit) has the meaning given by section 68(2).
VIN (vehicle identification number), for a heavy vehicle, means—
(a)for a heavy vehicle built before 1 January 1989 that has an identification plate, the number quoted on the vehicle’s identification plate that—
(i)uniquely identifies the vehicle and sets it apart from similar vehicles; and
(ii)corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; or
(b)for a heavy vehicle built on or after 1 January 1989 that was given an approval under the Motor Vehicle Standards Act 1989 or is given an approval under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth, the unique vehicle identification number assigned to the vehicle—
(i)at the time the vehicle was manufactured, in accordance with a third edition ADR; or
(ii)by the department of government of the Commonwealth in which the Motor Vehicle Standards Act 1989 was previously administered; or
(c)otherwise, the unique number assigned to the heavy vehicle—
(i)at the time the vehicle was manufactured, in accordance with an ADR that is a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018; or
(ii)by the department of government of the Commonwealth in which the Road Vehicle Standards Act 2018 is administered.
VIN (vehicle identification number), for a heavy vehicle, means—
(a)for a heavy vehicle built before 1 January 1989 with an identification plate, the number quoted on the vehicle’s identification plate that—
(i)uniquely identifies the vehicle and sets it apart from similar vehicles; and
(ii)corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; or
(b)otherwise, the unique vehicle identification number assigned to the heavy vehicle under the Motor Vehicle Standards Act 1989 of the Commonwealth.
work, in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221.
work and rest change, for the purposes of Chapter 6, has the meaning given by section 221.
work and rest hours exemption means—
(a)a work and rest hours exemption (notice); or
(b)a work and rest hours exemption (permit).
work and rest hours exemption (notice) has the meaning given by section 266(2).
work and rest hours exemption (permit) has the meaning given by section 273(2).
work and rest hours option, for the purposes of Chapter 6, has the meaning given by section 243.
work diary, for the purposes of Chapter 6, has the meaning given by section 221.
work diary exemption means—
(a)a work diary exemption (notice); or
(b)a work diary exemption (permit).
work diary exemption (notice) has the meaning given by section 357(2).
work diary exemption (permit) has the meaning given by section 363(2).
work record, for the purposes of Chapter 6, has the meaning given by section 221.
work time, for the purposes of Chapter 6, has the meaning given by section 221.
written work diary, for the purposes of Chapter 6, has the meaning given by section 221.

6Meaning of heavy vehicle

(1)For the purposes of this Law, a vehicle is a heavy vehicle if it has a GVM or ATM of more than 4.5t.
(2)Also, for the purposes of this Law, a combination that includes a vehicle with a GVM or ATM of more than 4.5t is a heavy vehicle.
(3)However, rolling stock is not a heavy vehicle for the purposes of this Law.
(4)In this section—
rolling stock
1Rolling stock is a vehicle designed to operate or move on a railway track and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, tram, light inspection vehicle, self-propelled infrastructure maintenance vehicle, trolley, wagon or monorail vehicle.
2A vehicle designed to operate both on and off a railway track is rolling stock when the vehicle is being—
(a)operated or moved on a railway track; or
(b)maintained, repaired or modified in relation to the operation or movement of the vehicle on a railway track.

7Meaning of fatigue-regulated heavy vehicle

(1)For the purposes of this Law, a heavy vehicle is a fatigue-regulated heavy vehicle if it is any of the following—
(a)a motor vehicle with a GVM of more than 12t;
(b)a combination with a GVM of more than 12t;
(c)a fatigue-regulated bus.
(2)However, subject to subsection (3), a heavy vehicle is not a fatigue-regulated heavy vehicle for the purposes of this Law if it is any of the following—
(a)a motor vehicle that—
(i)is built, or has been modified, to operate primarily as a machine or implement off-road, on a road-related area, or on an area of road that is under construction; and
(ii)is not capable of carrying goods or passengers by road;

Examples for the purposes of paragraph (a)—

agricultural machine, backhoe, bulldozer, excavator, forklift, front-end loader, grader, motor vehicle registered under an Australian road law as a special purpose vehicle (type p)
(b)a motorhome.
(3)For the purposes of this Law, a truck, or a combination including a truck, that has a machine or implement attached to it is a fatigue-regulated heavy vehicle
(a)if the GVM of the truck or combination with the attached machine or implement is more than 12t; and
(b)whether or not the truck or combination has been built or modified primarily to operate as a machine or implement off-road, on a road-related area, or on an area of road that is under construction.

Example for the purposes of subsection (3)—

a truck to which a crane or drilling rig is attached
(4)For the purposes of subsection (2)(b), a motorhome
(a)is a rigid or articulated motor vehicle or combination that is built, or has been modified, primarily for residential purposes; and
(b)does not include a motor vehicle that is merely a motor vehicle constructed with a sleeper berth.
(5)For the purposes of this section, the GVM of a combination is the total of the GVMs of the vehicles in the combination.

8Meaning of road and road-related area

(1)For the purposes of this Law, a road is an area that is open to or used by the public and is developed for, or has as 1 of its uses, the driving or riding of motor vehicles.

Examples of areas that are roads—

bridges, cattle grids, culverts, ferries, fords, railway crossings, tunnels or viaducts
(2)For the purposes of this Law, a road-related area is—
(a)an area that divides a road; or
(b)a footpath, shared path or nature strip adjacent to a road; or
(c)a shoulder of a road; or
(d)a bicycle path or another area that is not a road and that is open to the public and designated for use by cyclists or animals; or
(e)an area that is not a road and that is open to, or used by, the public for driving, riding or parking motor vehicles.
(3)Also, an area is a road or road-related area for the purposes of this Law or a particular provision of this Law as applied in a participating jurisdiction, if the area is declared by a law of that jurisdiction to be a road or road-related area for the purposes of this Law or the particular provision.
(4)In this section—
bicycle path means an area open to the public that is designated for, or has as 1 of its main uses, use by riders of bicycles.
footpath means an area open to the public that is designated for, or has as 1 of its main uses, use by pedestrians.
shared path means an area open to the public that is designated for, or has as 1 of its main uses, use by both the riders of bicycles and pedestrians.
shoulder, of a road—
(a)includes any part of the road that is not designed to be used by motor vehicles in travelling along the road; and
(b)includes—
(i)for a kerbed road-any part of the kerb; and
(ii)for a sealed road-any unsealed part of the road, and any sealed part of the road outside an edge line on the road; but
(c)does not include a bicycle path, footpath or shared path.

9Meaning of convicts and convicted of an offence

(1)For the purposes of this Law, a court convicts a person of an offence if the court finds the person guilty, or accepts the person’s plea of guilty, for the offence whether or not a conviction is recorded.
(2)For the purposes of this Law, a person is convicted of an offence if a court convicts the person of the offence.

10Interpretation generally

Schedule 1 applies in relation to this Law.

11References to laws includes references to instruments made under laws

(1)In this Law, a reference (either generally or specifically) to a law or a provision of a law (including this Law) includes a reference to—
(a)each instrument (including a regulation) made or in force under the law or provision; and
(b)each instrument made or in force under any such instrument.
(2)In this section—
law means a law of the Commonwealth or a State or Territory.

12References to this Law as applied in a participating jurisdiction

In this Law, a reference to this Law as applied by an Act of a participating jurisdiction includes a reference to—
(a)a law that substantially corresponds to this Law enacted in a participating jurisdiction; and
(b)a law prescribed by the national regulations for the purposes of paragraph (a)(iii) of the definition participating jurisdiction in section 5, enacted in a participating jurisdiction.

13References to road

A reference in this Law to a road includes a reference to a road-related area, unless a contrary intention appears in this Law.

14References to particular ADR versions

A reference in this Law to an ADR followed by a number is a reference to—
(a)if the reference is to a second edition ADR—the ADR of that number in the ‘Australian Design Rules for Motor Vehicle Safety, Second Edition’; or
(b)otherwise—the ADR of that number referenced in the relevant standard.

15References to categories of heavy vehicles

If a provision of this Law provides for the exemption, authorisation, prescription or description of a category of heavy vehicles, heavy vehicles may, without limitation, be categorised for the purposes of the provision as being of any stated class, including, for example—
(a)a class of heavy vehicles used for a particular task; and
(b)a class of heavy vehicles used by particular persons or a particular class of persons; and
(c)a class of heavy vehicles with a particular configuration.

Part 1.3 Application and operation of Law

16Extraterritorial operation of Law

It is the intention of the Parliament of this jurisdiction that the operation of this Law is, as far as possible, to include operation in relation to the following—
(a)things situated in or outside the territorial limits of this jurisdiction;
(b)acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;
(c)things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.

17Law binds the State

(1)This Law binds the State.
(2)No criminal liability attaches to the State itself (as distinct from its agents, instrumentalities, officers and employees) under this Law.

18Relationship with primary work health and safety laws

(1)If a provision of this Law and a provision of the primary WHS Law deal with the same thing, and it is possible to comply with both provisions, a person must comply with both provisions.
(1A)However, to the extent it is not possible for the person to comply with both provisions, the person must comply with the provision of the primary WHS Law.
(2)Evidence of a relevant contravention of this Law is admissible in any proceeding for an offence against the primary WHS Law.
(3)Compliance with this Law, or with any requirement imposed under this Law, is not, in itself, evidence that a person has complied with the primary WHS Law or any regulations made under that Law or with a common law duty of care.
(3A)If an act, omission or circumstances constitute an offence under this Law and the primary WHS Law, the offender is not liable to be punished twice for the act, omission or circumstances.
(4)In this section—
primary WHS Law, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the primary WHS Law for the purposes of this Law.

Note—

‘WHS’ stands for workplace health and safety.

Part 1.4 Performance based standards

19Main purpose of this Part

(1)The main purposes of this Part and other associated provisions of this Law are to enable PBS vehicles that meet a particular performance level to operate (unless otherwise specified by the responsible Minister) on roads that are authorised to be used by PBS vehicles that meet or exceed that performance level.
(2)It is intended that authorisations or exemptions can be granted under this Law for PBS vehicles.

20Notification to road authority of PBS design approval

The Regulator must, as soon as practicable, notify the road authority for this jurisdiction, in writing, of a PBS design approval, together with a description of the significant features of the design to which the approval relates.

21Notification by responsible Minister of non-application or restricted application of PBS design approval

(1)The responsible Minister for this jurisdiction may notify the Regulator in writing that any heavy vehicle built to a design that is the subject of a PBS design approval—
(a)is not to be permitted to operate in this jurisdiction; or
(b)is only to be permitted to operate in this jurisdiction subject to stated conditions.
(2)A notice under this section can not be about—
(a)a particular person; or
(b)a particular heavy vehicle.
(3)A notice under this section is not valid for the purposes of this Law if it does not set out reasons for why it has been issued.
(4)On receiving a notice under this section, the Regulator must give a copy of the notice to the person who was given the PBS design approval.
(5)On receiving a notice under this section, the Regulator must accordingly impose on the PBS design approval—
(a)a condition giving effect to subsection (1)(a); or
(b)the stated conditions referred to in subsection (1)(b).

22Application for PBS design approval

(1)An application for a PBS design approval for the design of a type of heavy vehicle may be made to the Regulator.
(2)In assessing the application, the Regulator must have regard to—
(a)the approved guidelines relevant to the grant of PBS design approvals; and
(b)any performance based standards and assessment rules prescribed in the national regulations for the purposes of this paragraph; and
(c)the advice of the PBS Review Panel in relation to the application.
(3)Having assessed the application, the Regulator must approve or reject the application.
(4)The Regulator may approve the application subject to any condition the Regulator considers appropriate.
(5)The PBS design approval must state the conditions (if any) to which it is subject under subsection (4) or section 21(5).

23Application for PBS vehicle approval

(1)An application for a PBS vehicle approval for a heavy vehicle may be made to the Regulator.
(2)In assessing the application, the Regulator must have regard to—
(a)the approved guidelines relevant to the grant of PBS vehicle approvals; and
(b)any vehicle certification rules prescribed in the national regulations for the purposes of this paragraph; and
(c)the advice of the PBS Review Panel in relation to the application.
(3)Having assessed the application, the Regulator must approve or reject the application.
(4)The Regulator may approve the application subject to conditions included in the PBS design approval to which the heavy vehicle is built.
(5)The PBS vehicle approval must state the conditions (if any) to which—
(a)the PBS vehicle approval is subject under subsection (4); and
(b)the relevant PBS design approval is subject under section 21(5).
(5A)The PBS vehicle approval must state the performance level for the approval.
(6)A PBS vehicle approval can not be given for a class 1 heavy vehicle.

24Exemption from stated vehicle standards

(1)A PBS vehicle approval for a heavy vehicle may provide that the vehicle is exempt from stated vehicle standards.
(2)Subsection (1) applies only to vehicle standards of a kind prescribed by the national regulations for the purposes of this section.

Note—

See section 60(6).

25Authorisation of different mass or dimension requirement

(1)A PBS vehicle approval for a heavy vehicle may provide that the vehicle is authorised to have a mass limit that exceeds a limit that would otherwise apply to the vehicle under a prescribed mass requirement.

Note—

See section 96(4).
(2)A PBS vehicle approval for a heavy vehicle may provide that the vehicle is authorised to have a dimension that exceeds a dimension limit that would otherwise apply to the vehicle under a prescribed dimension requirement.

Note—

See section 102(4).

25AKeeping copy of PBS vehicle approval while driving

(1)The driver of a PBS vehicle must keep a copy of the PBS vehicle approval in the driver’s possession while driving the PBS vehicle.

Maximum penalty—$3000.

(2)Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(3)In this section—
relevant party, for the driver of a PBS vehicle, means—
(a)an employer of the driver if the driver is an employed driver; or
(b)a prime contractor of the driver if the driver is a self-employed driver; or
(c)an operator of the vehicle if the driver is making a journey for the operator.

26National regulations

The national regulations may provide for—
(a)the procedures for determining an application for a PBS design approval or a PBS vehicle approval, including, for example, providing for the time for making a decision on the application, the fee for the application and forms relating to the application; and
(b)the procedures for cancelling or modifying a PBS design approval or PBS vehicle approval; and
(c)performance based standards, and assessment and certification rules, relating to PBS design approvals or PBS vehicle approvals; and
(d)the appointment, functions and management of persons as PBS assessors and PBS vehicle certifiers.

Chapter 1A Safety duties

Part 1A.1 Principles

26A Principle of shared responsibility

(1)The safety of transport activities relating to a heavy vehicle is the shared responsibility of each party in the chain of responsibility for the vehicle.
(2)The level and nature of a party’s responsibility for a transport activity depends on—
(a)the functions the person performs or is required to perform, whether exclusively or occasionally, rather than—
(i)the person’s job title; or
(ii)the person’s functions described in a written contract; and
(b)the nature of the public risk created by the carrying out of the transport activity; and
(c)the party’s capacity to control, eliminate or minimise the risk.

26BPrinciples applying to duties

(1)A person may have more than 1 duty because of the functions the person performs or is required to perform.
(2)More than 1 person can concurrently have a duty under this Law and each duty holder must comply with that duty to the standard required by this Law even if another duty holder has the same duty.
(3)If more than 1 person has a duty for the same matter, each person—
(a)retains responsibility for the person’s duty in relation to the matter; and
(b)must discharge the person’s duty to the extent to which the person—
(i)has the capacity to influence and control the matter; or
(ii)would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.
(4)A duty under this Law may not be transferred to another person.

Part 1A.2 Nature of duty

26CPrimary duty

(1)Each party in the chain of responsibility for a heavy vehicle must ensure, so far as is reasonably practicable, the safety of the party’s transport activities relating to the vehicle.
(2)Without limiting subsection (1), each party must, so far as is reasonably practicable—
(a)eliminate public risks and, to the extent it is not reasonably practicable to eliminate public risks, minimise the public risks; and
(b)ensure the party’s conduct does not directly or indirectly cause or encourage—
(i)the driver of the heavy vehicle to contravene this Law; or
(ii)the driver of the heavy vehicle to exceed a speed limit applying to the driver; or
(iii)another person, including another party in the chain of responsibility, to contravene this Law.
(3)For subsection (2)(b), the party’s conduct includes, for example—
(a)the party asking, directing or requiring another person to do, or not do, something; and
(b)the party entering into a contract—
(i)with another person for the other person to do, or not do, something; or
(ii)that purports to annul, exclude, restrict or otherwise change the effect of this Law.

26DDuty of executive of legal entity

(1)If a legal entity has a safety duty, an executive of the legal entity must exercise due diligence to ensure the legal entity complies with the safety duty.

Maximum penalty—the penalty for a contravention of the provision by an individual.

(2)The executive may be convicted of an offence against subsection (1) even if the legal entity has not been proceeded against for, or convicted of, an offence relating to the safety duty.
(2A)Subsection (1) does not apply to an executive of the legal entity acting on a voluntary basis, whether or not the executive is reimbursed for the expenses incurred by the executive for carrying out activities for the legal entity.
(3)In this section—
due diligence includes taking reasonable steps—
(a)to acquire, and keep up to date, knowledge about the safe conduct of transport activities; and
(b)to gain an understanding of—
(i)the nature of the legal entity’s transport activities; and
(ii)the hazards and risks, including the public risk, associated with those activities; and
(c)to ensure the legal entity has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and
(d)to ensure the legal entity has, and implements, processes—
(i)to eliminate or minimise those hazards and risks; and
(ii)for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and
(iii)for complying with the legal entity’s safety duties; and
(e)to verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, used and implemented.
executive, of a legal entity, means—
(a)for a corporation—an executive officer of the corporation; or
(b)for an unincorporated partnership—a partner in the partnership; or
(c)for an unincorporated body—a management member of the body.
legal entity means—
(a)a corporation; or
(b)an unincorporated partnership; or
(c)an unincorporated body.

26EProhibited requests and contracts

(1)A person must not ask, direct or require (directly or indirectly) the driver of a heavy vehicle or a party in the chain of responsibility to do or not do something the person knows, or ought reasonably to know, would have the effect of causing the driver—
(a)to exceed a speed limit applying to the driver; or
(b)to drive a fatigue-regulated heavy vehicle while impaired by fatigue; or
(c)to drive a fatigue-regulated heavy vehicle while in breach of the driver’s work and rest hours option; or
(d)to drive a fatigue-regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option.

Maximum penalty—$10000.

(2)A person must not enter into a contract with the driver of a heavy vehicle or a party in the chain of responsibility that the person knows, or ought reasonably to know, would have the effect of causing the driver, or would encourage the driver, or would encourage a party in the chain of responsibility to cause the driver—
(a)to exceed a speed limit applying to the driver; or
(b)to drive a fatigue-regulated heavy vehicle while impaired by fatigue; or
(c)to drive a fatigue-regulated heavy vehicle while in breach of the driver’s work and rest hours option; or
(d)to drive a fatigue-regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option.

Maximum penalty—$10000.

Note—

See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.

Part 1A.3 Failing to comply with duty

26FCategory 1 offence

(1)A person commits an offence if—
(a)the person has a duty under section 26C; and
(b)the person, without a reasonable excuse, engages in conduct related to the duty that exposes an individual to a risk of death or serious injury or illness; and
(c)the person is reckless as to the risk.

Maximum penalty—

(a)if an individual commits the offence—$300000 or 5 years imprisonment or both; or
(b)if a corporation commits the offence—$3000000.

(2)The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.

26GCategory 2 offence

A person commits an offence if—
(a)the person has a duty under section 26C; and
(b)the person contravenes the duty; and
(c)the person’s contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness.

Maximum penalty—

(a)if an individual commits the offence—$150000; or
(b)if a corporation commits the offence—$1500000.

26HCategory 3 offence

A person commits an offence if—
(a)the person has a duty under section 26C; and
(b)the person contravenes the duty.

Maximum penalty—

(a)if an individual commits the offence—$50000; or
(b)if a corporation commits the offence—$500000.

Chapter 3 Vehicle operations—standards and safety

Part 3.1 Preliminary

58Main purpose of Ch 3

The main purpose of this Chapter is to ensure heavy vehicles used on roads are of a standard and in a condition that prevents or minimises safety risks.

Part 3.2 Compliance with heavy vehicle standards

Division 1 Requirements

59Heavy vehicle standards

(1)The national regulations may prescribe vehicle standards (heavy vehicle standards) with which heavy vehicles must comply to use roads.
(2)Without limiting subsection (1), the heavy vehicle standards may include requirements applying to—
(a)heavy vehicles; or
(b)components of heavy vehicles, including component vehicles that are not heavy vehicles; or
(c)equipment of heavy vehicles.
(3)The national regulations may prescribe exemptions or different requirements for component vehicles that are not heavy vehicles.

60Compliance with heavy vehicle standards

(1)A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a heavy vehicle standard applying to the vehicle.

Maximum penalty—

(a)$3000, except as provided in paragraph (b); or
(b)$6000, for contravention of a heavy vehicle standard relating to a speed limiter.

(2)Subsection (1) does not apply to—
(a)a heavy vehicle that—
(i)is on a journey to a place for the repair of the vehicle, or any of its components or equipment, and is travelling on the most direct or convenient route to that place from the place where the journey began; and

Note for the purposes of subparagraph (i)—

The subparagraph does not operate to exempt a person from complying with the requirements of a vehicle defect notice applying to the vehicle.
(ii)does not have any goods in it; and
(iii)is used on a road in a way that does not pose a safety risk; or
(b)a heavy vehicle that—
(i)is on a road for testing or analysis of the vehicle, or any of its components or equipment, by an approved vehicle examiner for the purpose of checking its compliance with the heavy vehicle standards; and
(ii)does not have any passengers in it; and
(iii)does not have any goods in it, unless—
(A)it has a quantity of goods that is necessary or appropriate for the conduct of the testing or analysis; and
(B)without limiting subparagraph (iv), there are no reasonable grounds to believe the vehicle laden with those goods poses a significant safety risk; and
(iv)is used on a road in a way that does not pose a safety risk.
(3)A person does not commit an offence against subsection (1) in relation to a heavy vehicle’s noncompliance with a heavy vehicle standard if, and to the extent, the noncompliance relates to a noncompliance known to the registration authority for the heavy vehicle at the time the registration authority registered the vehicle under an Australian road law.
(4)For the purposes of subsection (3), the registration authority is taken to have known of the heavy vehicle’s noncompliance with a heavy vehicle standard at the time the registration authority registered the vehicle if the noncompliance was mentioned in—
(a)an operations plate that was installed on the vehicle at the time it was registered; or
(b)a certificate of approved operations issued for the vehicle and in force at the time the vehicle was registered; or
(c)a document obtained by the registration authority under an Australian road law in connection with the registering of the vehicle.
(5)Subsection (3) applies only if the heavy vehicle, and its use on a road, complies with the conditions of the heavy vehicle’s registration under an Australian road law.
(6)If a PBS vehicle is exempt from vehicle standards stated in its PBS vehicle approval but it complies with the other applicable vehicle standards, the vehicle is regarded for the purposes of this Law as complying with the vehicle standards applying to the vehicle.

Note—

See also section 81(4) to (6) for the effect of a vehicle standards exemption on compliance with subsection (1).

Division 2 Exemptions by Commonwealth Gazette notice

61Regulator’s power to exempt category of heavy vehicles from compliance with heavy vehicle standard

(1)The Regulator may, by Commonwealth Gazette notice complying with section 65, exempt, for a period of not more than 5 years, a category of heavy vehicles from the requirement to comply with a heavy vehicle standard.
(2)An exemption under subsection (1) is a vehicle standards exemption (notice).

62Restriction on grant of vehicle standards exemption (notice)

(1)The Regulator may grant a vehicle standards exemption (notice) for a category of heavy vehicles only if—
(a)1 of the following applies—
(i)the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent heavy vehicles of that category from operating in the way in which, or for the purpose for which, the vehicles were built or modified;
(ii)the Regulator is satisfied heavy vehicles of that category are experimental vehicles, prototypes or similar vehicles that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply;
(iii)the exemption has been requested by a road authority for a participating jurisdiction for the use of heavy vehicles of that category in that jurisdiction;
(iv)the category of heavy vehicles consists of heavy vehicles that, immediately before the commencement of this section in a participating jurisdiction, were not required to comply with a similar standard at that time and were—
(A)registered under an Australian road law of that jurisdiction and not required to comply with a similar standard at that time; or
(B)operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction;
(v)the category of heavy vehicles consists of heavy vehicles referred to in the national regulations for the purposes of this subparagraph; and
(b)the Regulator is satisfied the use of heavy vehicles of the category to which the exemption is to apply on a road under the exemption will not pose a significant safety risk.
(2)In deciding whether to grant a vehicle standards exemption (notice), the Regulator must have regard to the approved guidelines for granting vehicle standards exemptions.
(3)The national regulations may prescribe additional requirements or restrictions regarding the granting of a vehicle standards exemption (notice).

63Conditions of vehicle standards exemption (notice)

A vehicle standards exemption (notice) may be subject to any conditions the Regulator considers appropriate, including, for example—
(a)conditions about protecting road infrastructure from damage; and
(b)a condition that the driver of a heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of—
(i)the Commonwealth Gazette notice for the exemption; or
(ii)an information sheet about the exemption published by the Regulator on the Regulator’s website.

64Period for which vehicle standards exemption (notice) applies

A vehicle standards exemption (notice)—
(a)takes effect—
(i)when the Commonwealth Gazette notice for the exemption is published; or
(ii)if a later time is stated in the Commonwealth Gazette notice, at the later time; and
(b)applies for the period stated in the Commonwealth Gazette notice.

65Requirements about Commonwealth Gazette notice

(1)A Commonwealth Gazette notice for a vehicle standards exemption (notice) must state the following—
(a)the category of heavy vehicles to which the exemption applies;
(b)the heavy vehicle standard to which the exemption applies;
(c)the conditions of the exemption;
(d)the period for which the exemption applies.
(2)The Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.

66Amendment or cancellation of vehicle standards exemption (notice)

(1)Each of the following is a ground for amending or cancelling a vehicle standards exemption (notice)—
(a)the use of heavy vehicles on a road under the exemption has caused, or is likely to cause, a significant safety risk;
(b)since the exemption was granted, there has been a change in circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.
(2)If the Regulator considers a ground exists to amend or cancel a vehicle standards exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5).
(3)The Regulator must publish a public notice—
(a)stating that the Regulator believes a ground mentioned in subsection (1)(a) or (b) for amending or cancelling the exemption exists; and
(b)outlining the facts and circumstances forming the basis for the belief; and
(c)stating the action the Regulator is proposing to take under this section (the proposed action); and
(d)inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.
(4)If, after considering all written representations made under subsection (3)(d), the Regulator still considers a ground exists to take the proposed action, the Regulator may—
(a)if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or
(b)if the proposed action was to cancel the exemption—
(i)amend the exemption, including, for example, by imposing additional conditions on the exemption; or
(ii)cancel the exemption.
(5)The Regulator must publish a public notice of the amendment or cancellation.
(6)The amendment or cancellation takes effect—
(a)28 days after the Commonwealth Gazette notice is published under subsection (5); or
(b)if a later time is stated in the Commonwealth Gazette notice, at the later time.

67Immediate suspension on Regulator’s initiative

(1)This section applies if the Regulator considers it is necessary to suspend a vehicle standards exemption (notice) immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.
(2)The Regulator may, by public notice, immediately suspend the exemption until the earliest of the following—
(a)the end of 56 days after the day the public notice is published;
(b)the Regulator publishes a notice under section 66(5) and the amendment or cancellation takes effect under section 66(6);
(c)the Regulator cancels the suspension by public notice.
(4)The suspension, and (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3).
(5)This section applies despite section 66.

Division 3 Exemptions by permit

68Regulator’s power to exempt particular heavy vehicle from compliance with heavy vehicle standard

(1)The Regulator may, by giving a person a permit as mentioned in section 73, exempt a heavy vehicle from compliance with a heavy vehicle standard for a period of not more than 3 years.
(2)An exemption under subsection (1) is a vehicle standards exemption (permit).
(3)A vehicle standards exemption (permit) may apply to 1 or more heavy vehicles.

69Application for vehicle standards exemption (permit)

(1)A person may apply to the Regulator for a vehicle standards exemption (permit).
(2)The application must be—
(a)in the approved form; and
(b)accompanied by the prescribed fee for the application.
(3)The Regulator may, by notice given to the applicant for a vehicle standards exemption (permit), require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.

70Restriction on grant of vehicle standards exemption (permit)

(1)The Regulator may grant a vehicle standards exemption (permit) for a heavy vehicle only if—
(a)1 of the following applies—
(i)the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent the heavy vehicle from operating in the way in which, or for the purpose for which, the vehicle was built or modified;
(ii)the Regulator is satisfied the heavy vehicle is an experimental vehicle, prototype or similar vehicle that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply;
(iii)the heavy vehicle, immediately before the commencement of this section in a participating jurisdiction, was not required to comply with a similar standard at that time and was—
(A)registered under an Australian road law of that jurisdiction; or
(B)operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction; and
(b)the Regulator is satisfied the use of the heavy vehicle on a road under the exemption will not pose a significant safety risk.
(2)In deciding whether to grant a vehicle standards exemption (permit), the Regulator must have regard to the approved guidelines for granting vehicle standards exemptions.

71Conditions of vehicle standards exemption (permit)

A vehicle standards exemption (permit) may be subject to any conditions the Regulator considers appropriate, including, for example, a condition about protecting road infrastructure from damage.

72Period for which vehicle standards exemption (permit) applies

(1)A vehicle standards exemption (permit) applies for the period stated in the permit for the exemption.
(2)The period may be less than the period sought by the applicant for the vehicle standards exemption (permit).

73Permit for vehicle standards exemption (permit) etc.

(1)If the Regulator grants a vehicle standards exemption (permit) to a person, the Regulator must give the person—
(a)a permit for the exemption; and
(b)if the Regulator has imposed conditions on the exemption under section 71 or has granted the exemption for a period less than the period of not more than 3 years sought by the person—an information notice for the decision to impose the conditions or grant the exemption for the shorter period.
(b)if the Regulator’s decision to grant the exemption for a period or impose a condition on the exemption is a reviewable decision—a notice stating the review and appeal information for the decision.

Note—

Under section 641(6)(a), this notice must also state particular information about obtaining a statement of reasons for the decision.
(2)A permit for a vehicle standards exemption (permit) must state the following—
(a)the name of the person to whom the permit is given;
(b)each heavy vehicle to which the exemption applies, including the registration number of the vehicle if known when the permit is given;
(c)the heavy vehicle standard to which the exemption applies;
(d)the conditions of the exemption;
(e)the period for which the exemption applies.

74Refusal of application for vehicle standards exemption (permit)

If the Regulator refuses an application for a vehicle standards exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.

75Amendment or cancellation of vehicle standards exemption (permit) on application by permit holder

(1)The holder of a permit for a vehicle standards exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.
(2)The application must—
(a)be in the approved form; and
(b)be accompanied by the prescribed fee for the application; and
(c)if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and
(d)be accompanied by the permit.
(3)The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.
(4)The Regulator must decide the application as soon as practicable after receiving it.
(5)If the Regulator decides to grant the application—
(a)the Regulator must give the applicant notice of the decision; and
(b)the amendment or cancellation takes effect—
(i)when notice of the decision is given to the applicant; or
(ii)if a later time is stated in the notice, at the later time; and
(c)if the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.
(6)If the Regulator decides not to amend or cancel the exemption as sought by the applicant, the Regulator must—
(a)give the applicant an information notice for the decision; and
(b)return the permit for the exemption to the applicant.

76Amendment or cancellation of vehicle standards exemption (permit) on Regulator’s initiative

(1)Each of the following is a ground for amending or cancelling a vehicle standards exemption (permit)—
(a)the exemption was granted because of a document or representation that was—
(i)false or misleading; or
(ii)obtained or made in an improper way;
(b)the holder of the permit for the exemption has contravened a condition of the exemption;
(c)the use of a heavy vehicle on a road under the exemption has caused, or is likely to cause, a significant safety risk;
(d)since the exemption was granted, there has been change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.
(2)If the Regulator considers a ground exists to amend or cancel a vehicle standards exemption (permit) (the proposed action), the Regulator must give the holder of the permit for the exemption a notice—
(a)stating the proposed action; and
(b)stating the ground for the proposed action; and
(c)outlining the facts and circumstances forming the basis for the ground; and
(d)if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and
(e)inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.
(3)If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may—
(a)if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or
(b)if the proposed action was to cancel the exemption—
(i)amend the exemption, including, for example, by imposing additional conditions on the exemption; or
(ii)cancel the exemption.
(4)The Regulator must give the holder an information notice for the decision to amend or cancel the exemption.
(5)The amendment or cancellation takes effect—
(a)when the information notice is given to the holder; or
(b)if a later time is stated in the information notice, at the later time.

77Immediate suspension on Regulator’s initiative

(1)This section applies if the Regulator considers it is necessary to suspend a vehicle standards exemption (permit) immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.
(2)The Regulator may, by notice (immediate suspension notice) given to the person to whom the permit was given, immediately suspend the exemption until the earliest of the following—
(a)the Regulator gives the person an information notice under section 76(4) and the amendment or cancellation takes effect under section 76(5);
(b)the Regulator cancels the suspension;
(c)the end of 56 days after the day the immediate suspension notice is given to the person.
(3)This section applies despite sections 75 and 76.

78Minor amendment of vehicle standards exemption (permit)

The Regulator may, by notice given to the holder of a permit for a vehicle standards exemption (permit), amend the exemption in a minor respect—
(a)for a formal or clerical reason; or
(b)in another way that does not adversely affect the holder’s interests.

79Return of permit

(1)If a person’s vehicle standards exemption (permit) is amended or cancelled, the Regulator may, by notice, require the person to return the person’s permit for the exemption to the Regulator.
(2)The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period.

Maximum penalty—$4000.

(3)If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.

80Replacement of defaced etc. permit

(1)If a person’s permit for a vehicle standards exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit.

Maximum penalty—$4000.

(2)If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.
(3)If the Regulator decides not to give the person a replacement permit, the Regulator must give the person an information notice for the decision.
(4)Subsection (1) does not apply to a vehicle standards exemption (permit) for which an application to cancel the permit has been made and is pending determination.

Division 4 Operating under vehicle standards exemption

81Contravening condition of vehicle standards exemption

(1)A person must not contravene a condition of a vehicle standards exemption.

Maximum penalty—$4000.

(2)A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a vehicle standards exemption applying to the vehicle.

Maximum penalty—$4000.

(3)A person must not use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way that contravenes a condition of a vehicle standards exemption applying to the vehicle.

Maximum penalty—$4000.

(4)A person does not commit an offence against this Law in relation to a heavy vehicle contravening a heavy vehicle standard if—
(a)the heavy vehicle is exempt, under a vehicle standards exemption, from compliance with the heavy vehicle standard; and
(b)the heavy vehicle, and its use on a road, complies with the conditions of the exemption.
(5)However, if a person commits a condition offence in relation to the exemption—
(a)the exemption does not operate in the person’s favour while the contravention constituting the offence continues; and
(b)the exemption must be disregarded in deciding whether the person has committed an offence in relation to a contravention of a heavy vehicle standard applying to a heavy vehicle.
(6)If, because of the operation of subsection (5), a person commits an offence against a provision of this Law (the other offence provision) in relation to a heavy vehicle standard to which the exemption applies, the person—
(a)may be charged with the condition offence or an offence against the other offence provision; but
(b)must not be charged with both offences.
(7)Subsection (1) does not apply to a condition mentioned in section 82(1).
(8)In this section—
condition offence means an offence against subsection (1), (2) or (3).

82Keeping relevant document while driving under vehicle standards exemption (notice)

(1)This section applies if a vehicle standards exemption (notice) is subject to the condition that the driver of a heavy vehicle who is driving the vehicle under the exemption must keep a relevant document in the driver’s possession.
(2)A driver of the heavy vehicle who is driving the vehicle under the vehicle standards exemption (notice) must comply with the condition.

Maximum penalty—$3000.

(3)Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(7)In this section—
relevant document, for a vehicle standards exemption (notice), means a copy of—
(a)the Commonwealth Gazette notice for the exemption; or
(b)an information sheet about the exemption published by the Regulator on the Regulator’s website.
relevant party, for the driver of a heavy vehicle, means—
(a)an employer of the driver if the driver is an employed driver; or
(b)a prime contractor of the driver if the driver is a self-employed driver; or
(c)an operator of the vehicle if the driver is making a journey for the operator.

83Keeping copy of permit while driving under vehicle standards exemption (permit)

(1)The driver of a heavy vehicle who is driving the vehicle under a vehicle standards exemption (permit) must keep a copy of the permit for the exemption in the driver’s possession.

Maximum penalty—$3000.

(2)If the driver of a heavy vehicle is driving the vehicle under a vehicle standards exemption (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1), the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver stops working for the relevant party.

Maximum penalty—$3000.

(3)Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(7)In this section—
relevant party, for the driver of a heavy vehicle, means—
(a)an employer of the driver if the driver is an employed driver; or
(b)a prime contractor of the driver if the driver is a self-employed driver; or
(c)an operator of the vehicle if the driver is making a journey for the operator.

Part 3.3 Modifying heavy vehicles

84Definition for Pt 3.3

In this Part—
modification, of a heavy vehicle, means—
(a)the addition of a component to, or the removal of a component from, the vehicle; or
(b)a change to the vehicle from the manufacturer’s specification for the vehicle;
but does not include a modification to the vehicle that has been approved under the Motor Vehicle Standards Act 1989Road Vehicle Standards Act 2018, item 16(2) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth or the Motor Vehicle Standards Act 1989 before the repeal of that Act.

85Modifying heavy vehicle requires approval

(1)A person must not modify a heavy vehicle unless the modification has been approved by—
(a)an approved vehicle examiner under section 86; or
(b)the Regulator under section 87.

Maximum penalty—$3000.

(2)A person must not use, or permit to be used, on a road a heavy vehicle that has been modified unless the modification has been approved by—
(a)an approved vehicle examiner under section 86; or
(b)the Regulator under section 87.

Maximum penalty—$3000.

(3)This section does not apply to a modification that complies with a code of practice prescribed by the national regulations for the purposes of this section, section 86 or 87 that expressly states that a modification of that type does not require approval.
(4)A modification is taken to have been approved by an approved vehicle examiner under section 86 if—
(a)the modification has been authorised under an Australian road law of a non-participating jurisdiction; and
(b)a modification plate or label is fitted or affixed to a conspicuous part of the vehicle; and
(c)the modification plate or label indicates that the modification complies with a code of practice prescribed by the national regulations for the purposes of section 86.
(5)In this section—
authorised includes approved and permitted.
modification plate or label means a plate or label that is stamped, engraved or marked so as to display information that relates to a modification.
non-participating jurisdiction has the meaning given by section 221.

86Approval of modifications by approved vehicle examiners

(1)An approved vehicle examiner may, if authorised to do so under the national regulations, approve a modification of a heavy vehicle if, and only if, the modification complies with a code of practice prescribed by the national regulations for the purposes of this section.
(2)If an approved vehicle examiner approves a modification of a heavy vehicle, the examiner must—
(a)give a certificate approving the modification, in the approved form, to—
(i)the registered operator of the vehicle; or
(ii)if there is no registered operator of the vehicle—an owner of the vehicle; and
(b)ensure a plate or label that complies with subsection (3) is fitted or affixed to a conspicuous part of the vehicle.

Maximum penalty—$3000.

(3)For the purposes of subsection (2)(b), a plate or label complies with this subsection if—
(a)it is of a type approved by the Regulator; and
(b)it is stamped, engraved or marked so as to display information that relates to the modification and that is—
(i)approved by the Regulator; or
(ii)prescribed by the national regulations for the purposes of this section.

87Approval of modification by Regulator

(1)The Regulator may approve a modification of a heavy vehicle if the Regulator is satisfied—
(a)the use on a road of the modified vehicle will not pose a significant safety risk; and
(b)as to either or both of the following (as relevant)—
(i)the modified vehicle will comply with applicable noise and emission standards prescribed by national regulations, except as provided by subparagraph (ii);
(ii)the Regulator has exempted the modified vehicle from a noise or emission standard referred to in subparagraph (i) and the Regulator is satisfied that the modified vehicle complies with the requirements of the exemption.
(2)Subsection (1) applies whether or not the modification complies with a code of practice prescribed by the national regulations prescribed for the purposes of this section.
(3)If the Regulator approves a modification of a heavy vehicle, the Regulator must—
(a)give a certificate approving the modification, in the approved form, to—
(i)the registered operator of the vehicle; or
(ii)if there is no registered operator of the vehicle—an owner of the vehicle; and
(b)ensure a plate or label that complies with subsection (4) is fitted or affixed to a conspicuous part of the vehicle.
(4)For the purposes of subsection (3)(b), a plate or label complies with this subsection if—
(a)it is of a type approved by the Regulator; and
(b)it is stamped, engraved or marked so as to display information that relates to the modification and that is—
(i)approved by the Regulator; or
(ii)prescribed by the national regulations for the purposes of this section.

87APerson must not tamper with plate or label

(1)A person must not tamper with a plate or label fitted or affixed to a heavy vehicle under section 86(2) or 87(3).

Maximum penalty—$3000.

(2)In a proceeding for an offence against subsection (1), it is a defence for the person to prove that the tampering was done with the written approval of the Regulator.
(3)In this section—
tamper means alter, damage, remove or otherwise interfere with.

88National regulations for heavy vehicle modification

The national regulations may provide for any matter relating to the modification of heavy vehicles.

Part 3.4 Other offences

89Safety requirement

(1)A person must not use, or permit to be used, on a road a heavy vehicle that is unsafe.

Maximum penalty—$6000.

(2)For the purposes of subsection (1), a heavy vehicle is unsafe only if the condition of the vehicle, or any of its components or equipment—
(a)makes the use of the vehicle unsafe; or
(b)endangers public safety.
(3)Subsection (1) does not apply to a heavy vehicle for which a vehicle defect notice is in force and that is being moved in accordance with the terms of the notice.

90Requirement about properly operating emission control system

(1)A person must not use, or permit to be used, on a road a heavy vehicle that is not fitted with an emission control system for each relevant emission if and as required by an applicable heavy vehicle standard.

Maximum penalty—$3000.

(2)A person must not use, or permit to be used, on a road a heavy vehicle fitted with an emission control system that is not operating in accordance with the manufacturer’s design.

Maximum penalty—$3000.

(3)A person must not use, or permit to be used, on a road a heavy vehicle fitted with an emission control system if the operation of the system results in a failure to comply with an applicable heavy vehicle standard (whether in relation to the vehicle or in relation to the system).

Maximum penalty—$3000.

(4)Subsections (2) and (3) do not apply to a heavy vehicle that—
(a)is on a journey to a place for the repair of the emission control system or any of the vehicle’s components or equipment that affect the operation of the emission control system; and
(b)is travelling on the most direct or convenient route to that place from the place where the journey began.
(5)The national regulations may prescribe testing standards for relevant emissions from heavy vehicles.
(6)In this section—
emission control system means a device or system fitted to a heavy vehicle that reduces the emission of a relevant emission from the vehicle.

91Person must not tamper with emission control system fitted to heavy vehicle

(1)A person must not tamper with an emission control system fitted to a heavy vehicle.

Maximum penalty—$10000.

(2)An operator of a heavy vehicle must not use or permit the vehicle to be used on a road if the vehicle is fitted with an emission control system that the operator knows or ought reasonably to know has been tampered with in contravention of subsection (1).

Maximum penalty—$10000.

(3)Subsection (1) does not apply to—
(a)conduct associated with repairing a malfunctioning emission control system or maintaining an emission control system; or
(b)an authorised officer when exercising functions under this Law.
(4)Subsection (2) does not apply to a heavy vehicle that—
(a)is on a journey to a place for the repair of the emission control system or any of the vehicle’s components or equipment that affect the operation of the emission control system; and
(b)is travelling on the most direct or convenient route to that place from the place where the journey began.
(7)In this section—
emission control system means a device or system fitted to a heavy vehicle that reduces the emission of a relevant emission from the vehicle.
tamper, with an emission control system fitted to a heavy vehicle, means alter, damage, remove, override or otherwise interfere with—
(a)the system in a way that renders the system totally ineffective or less effective than as provided by an applicable heavy vehicle standard or (in the absence of an applicable heavy vehicle standard) as designed; or
(b)the vehicle or any component of the vehicle in a way that renders the system totally ineffective or less effective than as provided by an applicable heavy vehicle standard or (in the absence of an applicable heavy vehicle standard) as designed.

92Display of warning signs required by heavy vehicle standards on vehicles to which the requirement does not apply

(1)This section applies if, under the heavy vehicle standards, a warning sign is required to be displayed on a heavy vehicle of a particular type, size or configuration.
(2)A person must not use, or permit to be used, on a road a heavy vehicle that has the warning sign displayed on it unless the vehicle is of the particular type, size or configuration.

Maximum penalty—$3000.

(3)In this section—
warning sign means a sign indicating that the vehicle to which it is attached is of a particular type, size or configuration.

Example of warning sign—

A sign (consisting of 1 or more parts) showing the words ‘LONG VEHICLE’ or ‘ROAD TRAIN’.

93Person must not tamper with speed limiter fitted to heavy vehicle

(1)A person must not tamper with a speed limiter that is required under an Australian road law or by order of an Australian court to be, and is, fitted to a heavy vehicle.

Maximum penalty—$10000.

(2)A person must not fit, or direct the fitting of, a speed limiter to a heavy vehicle in circumstances where the person knows or ought reasonably to know that the speed limiter has been tampered with in such a way that, had it been fitted to the vehicle at the time of the tampering, an offence would have been committed against subsection (1).

Maximum penalty—$10000.

(3)An operator of a heavy vehicle must not use or permit the vehicle to be used on a road if the operator knows, or ought reasonably to know, that a speed limiter fitted to the vehicle, as required under an Australian road law or by order of an Australian court, has been tampered with in contravention of subsection (1) or fitted to the vehicle in contravention of subsection (2).

Maximum penalty—$10000.

(4)Subsections (1) and (2) do not apply to—
(a)conduct associated with repairing a malfunctioning speed limiter or maintaining a speed limiter; or
(b)an authorised officer when exercising functions under this Law.
(5)Subsection (3) does not apply to a heavy vehicle that—
(a)is on a journey to a place for the repair of the speed limiter or any of the vehicle’s components or equipment that affect the operation of the speed limiter; and
(b)is travelling on the most direct or convenient route to that place from the place where the journey began.
(6)Subsection (3) applies whether or not a person has been proceeded against or found guilty of an offence against subsection (1) or (2) in relation to the tampering.
(9)In this section—
speed limiter means a device or system that is used to limit the maximum road speed of a heavy vehicle to which it is fitted and that complies with any applicable heavy vehicle standard.
tamper, with a speed limiter fitted to a heavy vehicle, means alter, damage, remove, override or otherwise interfere with the speed limiter in a way that—
(a)enables the vehicle to be driven at a speed higher than the speed permitted by an applicable heavy vehicle standard; or
(b)alters, or may alter, any information recorded by the speed limiter; or
(c)results, or may result, in the speed limiter recording inaccurate information.

Chapter 4 Vehicle operations—mass, dimension and loading

Part 4.1 Preliminary

94Main purposes of Ch 4

(1)The main purposes of this Chapter are—
(a)to improve public safety by decreasing risks to public safety caused by excessively loaded or excessively large heavy vehicles; and
(b)to minimise any adverse impact of excessively loaded or excessively large heavy vehicles on road infrastructure or public amenity.
(2)The purposes are achieved by—
(a)imposing mass requirements for heavy vehicles, particular components of heavy vehicles, and loads on heavy vehicles; and
(b)imposing dimension requirements on heavy vehicles including on the vehicles (together with equipment), components or loads; and
(c)imposing requirements about securing loads on heavy vehicles; and
(d)restricting access to roads by heavy vehicles of a particular mass, size or configuration even if the vehicles comply with the mass requirements, dimension requirements and other requirements mentioned in paragraphs (a) to (c).
(3)However, this Chapter recognises that the use of particular heavy vehicles that do not comply with the mass requirements, dimension requirements and other requirements mentioned in subsection (2)(a) to (c) may be permitted on roads in particular circumstances and subject to particular conditions—
(a)to allow for—
(i)the efficient road transport of goods or passengers by heavy vehicles; or
(ii)the efficient use of large heavy vehicles that are transporting neither goods nor passengers and need to use roads for special uses; and
(b)without compromising the achievement of the purposes.

Part 4.2 Mass requirements

Division 1 Requirements

95Prescribed mass requirements

(1)The national regulations may prescribe requirements (the prescribed mass requirements) about the following—
(a)the mass of heavy vehicles;
(b)the mass of components of heavy vehicles.
(2)Without limiting subsection (1), the prescribed mass requirements may include the following—
(a)requirements about mass limits relating to—
(i)the tare mass of heavy vehicles; or
(ii)the mass of heavy vehicles together with their loads; or
(iii)the mass on tyres, axles or axle groups of heavy vehicles;
(b)requirements about mass limits relating to axle spacing;
(c)general mass limits applying to heavy vehicles or components of heavy vehicles.
(3)Also, without limiting subsection (1) or (2), the prescribed mass requirements may—
(a)include mass limits that are to apply only to particular areas or routes; and
(b)authorise or require the Regulator to decide the areas or routes to which the mass limits are to apply.
(4)The national regulations may prescribe requirements (that are not prescribed mass requirements) about the use on roads of heavy vehicles under particular mass limits, including, for example—
(a)a requirement that drivers of heavy vehicles using the vehicles under mass limits applying only to particular areas or routes decided by the Regulator must comply with conditions on the use of heavy vehicles on roads under the mass limits imposed by the Regulator (including conditions required by road managers for the roads); and
(b)a requirement that drivers of heavy vehicles who are driving the vehicles under particular mass limits must carry particular documents; and
(c)a requirement that a particular document or other thing must be displayed on heavy vehicles used under particular mass limits.
(5)In this section—
tare mass, of a heavy vehicle, means the mass of the vehicle that—
(a)is ready for service; and
(b)is fitted with all standard equipment, together with any options that are fitted; and
(c)is unoccupied and unladen; and
(d)has all fluid reservoirs (other than for fuel) filled to nominal capacity; and
(e)has 10 litres of fuel in the fuel reservoir or reservoirs (but excluding any loaded fuel in excess of 10 litres).

96Compliance with mass requirements

(1)A person who drives, or permits another person to drive, a heavy vehicle on a road must ensure the vehicle, and the vehicle’s components and load, comply with the mass requirements applying to the vehicle, unless the person has a reasonable excuse.

Maximum penalty—

(a)for a minor risk breach—$4000; or
(b)for a substantial risk breach—$6000; or
(c)for a severe risk breach—$10000, plus an additional maximum $500 for every additional 1% over a 120% overload (but so that the additional maximum penalty does not exceed $20000).

(4)If a PBS vehicle is authorised by its PBS vehicle approval to have a mass limit that exceeds a limit that would otherwise apply to the vehicle under a prescribed mass requirement, the authorised limit is taken to be the applicable limit, and the vehicle is regarded for the purposes of this Law as complying with the prescribed mass requirement.
(4A)However, if a PBS vehicle is driven on a road other than in accordance with a class 2 heavy vehicle authorisation—
(a)subsection (4) does not apply to the vehicle; and
(b)the mass limit that would otherwise apply to the vehicle under a prescribed mass requirement applies to the vehicle.
(5)This section does not apply to a specified PBS vehicle as defined in section 136(2).

Note—

If a specified PBS vehicle does not comply with the mass requirements applying to the vehicle, it would be a class 2 heavy vehicle and could be dealt with under section 137.

Division 2 Categories of breaches of mass requirements

97Definitions for Div 2

In this Division—
severe risk breach lower limit, for a particular mass requirement applying to a heavy vehicle, means a mass equalling 120% of the maximum mass (rounded up to the nearest 0.1t) permitted for the vehicle under that mass requirement.
substantial risk breach lower limit, for a particular mass requirement applying to a heavy vehicle, means the higher of the following—
(a)a mass equalling 105% of the maximum mass (rounded up to the nearest 0.1t) permitted for the vehicle under that mass requirement;
(b)0.5t.

98Minor risk breach

A contravention of a mass requirement applying to a heavy vehicle is a minor risk breach if the subject matter of the contravention is less than the substantial risk breach lower limit for the requirement.

99Substantial risk breach

A contravention of a mass requirement applying to a heavy vehicle is a substantial risk breach if the subject matter of the contravention is—
(a)equal to or greater than the substantial risk breach lower limit for the requirement; and
(b)less than the severe risk breach lower limit for the requirement.

100Severe risk breach

A contravention of a mass requirement applying to a heavy vehicle is a severe risk breach if the subject matter of the contravention is equal to or greater than the severe risk breach lower limit for the requirement.

Part 4.3 Dimension requirements

Division 1 Requirements

101Prescribed dimension requirements

(1)The national regulations may prescribe requirements (the prescribed dimension requirements) about the following—
(a)the dimensions of a heavy vehicle (together with its equipment);
(b)the dimensions of a component of a heavy vehicle;
(c)the dimensions of a heavy vehicle’s load.
(2)Without limiting subsection (1), the prescribed dimension requirements may include requirements about the following—
(a)the dimensions of a heavy vehicle (together with its equipment) disregarding its load;
(b)the dimensions of a heavy vehicle together with its equipment and load;
(c)the dimensions by which a heavy vehicle’s load projects from the vehicle;
(d)the internal measurements of a heavy vehicle, including, for example—
(i)the distance between components of the vehicle; and
(ii)for a combination, the distance between—
(A)the component vehicles of the combination; or
(B)a component vehicle of the combination and a component of another component vehicle of the combination.
(3)The national regulations may also prescribe requirements (that are not prescribed dimension requirements) about the use of a vehicle to which a dimension requirement applies, including, for example, requirements about the use of signs and warning devices.

102Compliance with dimension requirements

(1)A person who drives, or permits another person to drive, a heavy vehicle on a road must ensure the vehicle, and the vehicle’s components and load, comply with the dimension requirements applying to the vehicle, unless the person has a reasonable excuse.

Maximum penalty—

(a)if the heavy vehicle does not have goods or passengers in it—$3000; or
(b)if the heavy vehicle has goods or passengers in it—
(i)for a minor risk breach—$3000; or
(ii)for a substantial risk breach—$5000; or
(iii)for a severe risk breach—$10000.

(4)If a PBS vehicle is authorised by its PBS vehicle approval to have a dimension that exceeds a dimension limit that would otherwise apply to the vehicle under a prescribed dimension requirement, the authorised dimension is taken to be the applicable dimension, and the vehicle is regarded for the purposes of this Law as complying with the prescribed dimension requirement.
(5)However, if a PBS vehicle is driven on a road other than in accordance with a class 2 heavy vehicle authorisation—
(a)subsection (4) does not apply to the vehicle; and
(b)the dimension limit that would otherwise apply to the vehicle under a prescribed dimension requirement applies to the vehicle.

Division 2 Categories of breaches of dimension requirements

103Application of Div 2

This Division applies to a heavy vehicle only while it is carrying goods or passengers.

104Definitions for Div 2

In this Division—
severe risk breach lower limit means—
(a)for a particular dimension requirement applying to a heavy vehicle relating to its length—the length equalling the maximum length permitted for the vehicle under the dimension requirement plus 600mm; or
(b)for a particular dimension requirement applying to a heavy vehicle relating to its width—the width equalling the maximum width permitted for the vehicle under the dimension requirement plus 80mm; or
(c)for a particular dimension requirement applying to a heavy vehicle relating to its height—the height equalling the maximum height permitted for the vehicle under the dimension requirement plus 300mm; or
(d)for a particular dimension requirement applying to a heavy vehicle relating to its load projection—the projection of the vehicle’s load equalling the maximum load projection permitted from any side of the vehicle under the dimension requirement plus 80mm.
substantial risk breach lower limit means—
(a)for a particular dimension requirement applying to a heavy vehicle relating to its length—the length equalling the maximum length permitted for the vehicle under the dimension requirement plus 350mm; or
(b)for a particular dimension requirement applying to a heavy vehicle relating to its width—the width equalling the maximum width permitted for the vehicle under the dimension requirement plus 40mm; or
(c)for a particular dimension requirement applying to a heavy vehicle relating to its height—the height equalling the maximum height permitted for the vehicle under the dimension requirement plus 150mm; or
(d)for a particular dimension requirement applying to a heavy vehicle relating to its load projection—the projection of the vehicle’s load equalling the maximum load projection permitted from any side of the vehicle under the dimension requirement plus 40mm.

105Minor risk breach

A contravention of a dimension requirement applying to a heavy vehicle is a minor risk breach if—
(a)the dimension requirement relates to the vehicle’s ground clearance; or
(b)for a contravention of any other dimension requirement—the subject matter of the contravention is less than the substantial risk breach lower limit for the requirement.

106Substantial risk breach

(1)A contravention of a dimension requirement applying to a heavy vehicle is a substantial risk breach if—
(a)the subject matter of the contravention is—
(i)equal to or greater than a substantial risk breach lower limit for the requirement; and
(ii)less than the severe risk breach lower limit for the requirement; or
(b)the requirement is a substantial risk breach of a dimension requirement under subsection (2) or (3).
(2)A contravention of a dimension requirement applying to a heavy vehicle relating to its length is a substantial risk breach if—
(a)the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and
(b)either—
(i)the rear of the vehicle’s load does not carry a sign or warning device required by the national regulations; or
(ii)the vehicle’s load projects in a way that is dangerous to persons or property.
(3)A contravention of a dimension requirement applying to a heavy vehicle relating to its width is a substantial risk breach if—
(a)the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and
(b)the contravention happens—
(i)at night; or
(ii)in hazardous weather conditions causing reduced visibility.

Note—

See also section 108(3).

107Severe risk breach

(1)A contravention of a dimension requirement applying to a heavy vehicle is a severe risk breach if—
(a)the subject matter of the contravention is equal to or greater than the severe risk breach lower limit for the dimension requirement; or
(b)the contravention is a severe risk breach of the dimension requirement under subsection (2) or (3).
(2)A contravention of a dimension requirement applying to a heavy vehicle relating to its length is a severe risk breach if—
(a)the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106(1)(a) if this subsection were not enacted; and
(b)either—
(i)the rear of the vehicle’s load does not carry a sign or warning device required by the national regulations; or
(ii)the vehicle’s load projects from it in a way that is dangerous to persons or property.
(3)A contravention of a dimension requirement applying to a heavy vehicle relating to its width is a severe risk breach if—
(a)the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106(1)(a) if this subsection were not enacted; and
(b)either—
(i)the contravention happens—
(A)at night; or
(B)in hazardous weather conditions causing reduced visibility; or
(ii)the vehicle’s load projects from it in a way that is dangerous to persons or property.

Division 3 Other provisions relating to load projections

108Dangerous projections taken to be contravention of dimension requirement

(1)This section applies if a heavy vehicle’s load projects in a way that is dangerous to persons or property even if all dimension requirements, and all warning and other requirements prescribed by the national regulations, are met.
(2)The projection of the load is taken to be—
(a)a contravention of a dimension requirement; and
(b)a minor risk breach of that requirement unless subsection (3) applies.
(3)The projection of the load is taken to be—
(a)a contravention of a dimension requirement; and
(b)a substantial risk breach of that requirement if the contravention happens—
(i)at night; or
(ii)in hazardous weather conditions causing reduced visibility.

109Warning signals required for rear projection of loads

(1)This section applies if—
(a)a load projects more than 1.2m behind a heavy vehicle consisting of only a motor vehicle; or
(b)a load projects more than 1.2m behind either the towing vehicle or a trailer in a heavy combination; or
(c)a load projects from a pole-type trailer in a heavy combination; or
(d)a load projects from a heavy vehicle in a way that it would not be readily visible to a person following immediately behind the vehicle.
(2)A person must not use the heavy vehicle, or permit the heavy vehicle to be used, on a road unless—
(a)during the daytime—a brightly coloured red, red and yellow, or yellow flag at least 300mm by 300mm is fixed to the extreme back of the load; or
(b)at night—a light showing a clear red light to the back, visible at a distance of at least 200m, is fixed to the extreme back of the load.

Maximum penalty—$3000.

Part 4.4 Loading requirements

Division 1 Requirements

110National regulations may prescribe loading requirements

(1)The national regulations may prescribe requirements (the loading requirements) about securing a load on a heavy vehicle or a component of a heavy vehicle.
(2)Without limiting subsection (1), the loading requirements may include requirements about the restraint or positioning of a load or any part of it on a motor vehicle or trailer.

111Compliance with loading requirements

(1)A person who drives, or permits another person to drive, a heavy vehicle on a road must ensure the vehicle, and the vehicle’s components and load, comply with the loading requirements applying to the vehicle, unless the person has a reasonable excuse.

Maximum penalty—

(a)for a minor risk breach—$3000; or
(b)for a substantial risk breach—$5000; or
(c)for a severe risk breach—$10000.

Division 2 Categories of breaches of loading requirements

112Minor risk breach

A contravention of a loading requirement applying to a heavy vehicle is a minor risk breach if—
(a)the subject matter of the contravention does not involve a loss or shifting of the load; and
(b)had the subject matter of the contravention involved a loss or shifting of the load, the loss or shifting of the load would not have been likely to have involved—
(i)an appreciable safety risk; or
(ii)an appreciable risk of—
(A)damage to road infrastructure; or
(B)causing an adverse effect on public amenity.

113Substantial risk breach

(1)A contravention of a loading requirement applying to a heavy vehicle is a substantial risk breach if the subject matter of the contravention involves a loss or shifting of the load that does not involve—
(a)an appreciable safety risk; or
(b)an appreciable risk of—
(i)damage to road infrastructure; or
(ii)causing an adverse effect on public amenity.
(2)A contravention of a loading requirement applying to a heavy vehicle is also a substantial risk breach if—
(a)the subject matter of the contravention does not involve a loss or shifting of the load; and
(b)had the subject matter of the contravention involved a loss or shifting of the load, the loss or shifting of the load would have been likely to have involved—
(i)an appreciable safety risk; or
(ii)an appreciable risk of—
(A)damage to road infrastructure; or
(B)causing an adverse effect on public amenity.

114Severe risk breach

A contravention of a loading requirement applying to a heavy vehicle is a severe risk breach if the subject matter of the contravention involves a loss or shifting of the vehicle’s load that involves—
(a)an appreciable safety risk; or
(b)an appreciable risk of—
(i)damage to road infrastructure; or
(ii)causing an adverse effect on public amenity.

Division 3 Evidentiary provision

115Proof of contravention of loading requirement

(1)In a proceeding for an offence against Division 1, the following is evidence that a load on a heavy vehicle was not placed, secured or restrained in compliance with a loading requirement applying to the vehicle—
(a)evidence that the load was not placed, secured or restrained in a way that met a loading performance standard;
(b)evidence that a load, or part of a load, has fallen off a heavy vehicle.
(2)The national regulations may prescribe standards (the loading performance standards) for heavy vehicles.

Part 4.5 Exemptions for particular overmass or oversize vehicles

Division 1 Preliminary

116Class 1 heavy vehicles and class 3 heavy vehicles

(1)A heavy vehicle is a class 1 heavy vehicle if it, together with its load, does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it, and—
(a)it is a special purpose vehicle; or
(b)it is an agricultural vehicle other than an agricultural trailer; or

Note—

See subsection (2) for agricultural trailers.
(c)it—
(i)is a heavy vehicle carrying, or designed for the purpose of carrying, a large indivisible item, including, for example, a combination including a low loader; but
(ii)is not a road train or B-double, or carrying a freight container designed for multi-modal transport.
(2)An agricultural trailer is a class 1 heavy vehicle, irrespective of whether it, together with its load, does or does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it.
(3)A heavy vehicle is a class 3 heavy vehicle if—
(a)it, together with its load, does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it; and
(b)it is not a class 1 heavy vehicle.
(4)In this section—
concrete pump means a vehicle with a component that can be used to transfer liquid concrete by pumping.
large indivisible item means an item that—
(a)can not be divided without extreme effort, expense or risk of damage to it; and
(b)can not be carried on any heavy vehicle without contravening a mass requirement or dimension requirement.
low loader means a trailer with a loading deck no more than 1m above the ground.
special purpose vehicle means—
(a)a motor vehicle or trailer, other than an agricultural vehicle or a tow truck, built for a purpose other than transporting goods by road; or
(b)a concrete pump or fire truck.

Division 2 Exemptions by Commonwealth Gazette notice

117Regulator’s power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement

(1)The Regulator may, by Commonwealth Gazette notice complying with section 121, exempt, for a period of not more than 5 years, a stated category of class 1 heavy vehicles or class 3 heavy vehicles from—
(a)a prescribed mass requirement; or
(b)a prescribed dimension requirement.
(2)An exemption under subsection (1) is a mass or dimension exemption (notice).

Note—

See Division 3 of Part 4.7 in relation to amendment, suspension or cancellation of a mass or dimension exemption (notice).

118Restriction on grant of mass or dimension exemption (notice)

(1)The Regulator may grant a mass or dimension exemption (notice) for a category of heavy vehicles only if—
(a)the Regulator is satisfied the use of heavy vehicles of that category on a road under the exemption will not pose a significant risk to public safety; and
(b)each relevant road manager for the exemption has consented to the grant; and
(c)the Regulator is satisfied all other consents required for the exemption under the law of the relevant jurisdiction have been obtained or given.
(2)In deciding whether to grant a mass or dimension exemption (notice), the Regulator must have regard to the approved guidelines for granting mass or dimension exemptions.

119Conditions of mass or dimension exemption (notice)

(1)A mass or dimension exemption (notice)—
(a)must include a condition about the areas or routes to which the exemption applies; and
(b)is subject to conditions prescribed by the national regulations for the exemption; and
(c)must be subject to the road conditions or travel conditions required for the exemption; and
(d)may be subject to any other conditions the Regulator considers appropriate, including, for example—
(i)conditions about 1 or more matters mentioned in Schedule 2; and
(ii)without limiting subparagraph (i), intelligent access program conditions; and
(iii)a condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of—
(A)the Commonwealth Gazette notice for the exemption; or
(B)an information sheet about the exemption published by the Regulator on the Regulator’s website.
(2)Without limiting subsection (1)(a), the condition under the subsection about areas or routes may be imposed by—
(a)applying by reference a stated map or stated list, not in the notice, prepared and published by the relevant road authority or the Regulator; and
(b)referring to the areas or routes shown on the stated map or stated list.
(3)Without limiting subsection (1)(c), road conditions or travel conditions under the subsection may be imposed by referring to road conditions or travel conditions shown on a stated map or stated list applied under subsection (2)(a).
(4)If the notice applies a stated map or stated list—
(a)the Regulator may amend the stated map or stated list prepared and published by it and the relevant road authority may amend the stated map or stated list prepared and published by it, but only by omitting, varying or extending—
(i)the areas or routes mentioned in subsection (2)(b); or
(ii)the road conditions or travel conditions mentioned in subsection (3);
      including by adding additional areas, routes, road conditions or travel conditions; and
(b)the Regulator must ensure a copy of the stated map or stated list as in force from time to time is—
(i)made available for inspection, without charge, during normal business hours at each office of the Regulator; and
(ii)published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website.

Note—

The Regulator must publish a stated map or stated list whether the Regulator or a relevant road authority originally prepared and published it as mentioned in subsection (2).
(5)Despite subsection (4)(a), a road authority may only amend a map or list in a way that affects a particular road if—
(a)the road authority is the road manager for the road; or
(b)the road authority is not the road manager for the road and has been advised by the Regulator that the Regulator has obtained the consent of the road manager for the amendment.
(6)Without limiting the conditions that may be prescribed under subsection (1)(b), the national regulations may—
(a)prescribe conditions that are to apply only to particular areas or roads; and
(b)authorise the Regulator to decide the areas or roads to which the conditions are to apply.
(7)In this section—
relevant road authority, for a mass or dimension exemption (notice), means the road authority for the participating jurisdiction in which the road likely to be travelled under the exemption is situated.
road conditions means road conditions required by the relevant road manager under section 160.
travel conditions means travel conditions required by the relevant road manager under section 161.

119AProcess for amending a stated map or stated list

(1)This section applies to the amendment of a stated map or stated list mentioned in section 119.
(2)For the purpose of an amendment by the Regulator only adding an additional area or route to a stated map or stated list—
(a)section 118 applies; and
(b)Division 2 of Part 4.7 applies to the extent the division relates to the grant of a mass or dimension exemption (notice); and
(c)Division 3 of Part 4.7 does not apply.
(3)For the purpose of subsection (2), section 118 and Division 2 of Part 4.7 apply as if—
(a)a reference to the grant of a mass or dimension exemption (notice) or a mass or dimension authority were a reference to the adding of the additional area or route; and
(b)a reference to the relevant road manager for a mass or dimension exemption (notice) or a mass or dimension authority were a reference to the relevant road manager for the exemption or authority that applies the stated map or stated list.
(4)For the purpose of an amendment by the relevant road authority only adding an additional area or route to, or only removing a road condition or travel condition from, a stated map or stated list, section 118 and Part 4.7 do not apply.
(5)For the purpose of an amendment by the Regulator or a relevant road authority if subsections (2) to (4) do not apply, Division 3 of Part 4.7 applies to the extent the Division relates to the amendment of a mass or dimension exemption (notice).
(6)For subsection (5), Division 3 of Part 4.7 applies as if—
(a)a reference to the amendment of a mass or dimension authority were a reference to the amendment of the stated map or stated list; and
(b)a reference to the Regulator were a reference to the Regulator or the relevant road authority, whichever is amending the stated map or stated list; and
(c)a reference to the relevant road manager for a mass or dimension authority were a reference to the relevant road manager for the authority that applies the stated map or stated list.

120Period for which mass or dimension exemption (notice) applies

A mass or dimension exemption (notice)—
(a)takes effect—
(i)when the Commonwealth Gazette notice for the exemption is published; or
(ii)if a later time is stated in the Commonwealth Gazette notice, at the later time; and
(b)applies for the period stated in the Commonwealth Gazette notice.

121Requirements about Commonwealth Gazette notice

(1)A Commonwealth Gazette notice for a mass or dimension exemption (notice) must state the following—
(a)the category of heavy vehicles to which the exemption applies;
(b)the mass requirement or dimension requirement to which the exemption applies;
(c)the areas or routes to which the exemption applies;
(d)the conditions mentioned in section 119(1)(b), including, for example, by referencing the relevant provision of the national regulations;
(e)the road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161;
(f)the other conditions of the exemption;
(g)the period for which the exemption applies.
(2)The Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.

Division 3 Exemptions by permit

122Regulator’s power to exempt particular class 1 or class 3 heavy vehicle from compliance with mass or dimension requirement

(1)The Regulator may, by giving a person a permit as mentioned in section 127, exempt, for a period of not more than 3 years—
(a)a class 1 heavy vehicle or class 3 heavy vehicle from compliance with—
(i)a prescribed mass requirement; or
(ii)a prescribed dimension requirement; or
(b)a class 1 heavy vehicle or class 3 heavy vehicle from a requirement relating to the GCM of the vehicle, if subsection (2) applies.
(2)The Regulator may, under subsection (1), exempt a class 1 heavy vehicle or class 3 heavy vehicle that includes 2 or more prime movers or 2 or more hauling units from compliance with a mass requirement relating to the GCM of the individual prime movers or hauling units if the total GCM of the prime movers or hauling units complies with the mass requirement relating to the GCM of the combined prime movers or hauling units.
(3)An exemption under subsection (1) is a mass or dimension exemption (permit).
(4)A mass or dimension exemption (permit) may apply to 1 or more heavy vehicles.

Note—

See Division 4 of Part 4.7 in relation to amendment, suspension or cancellation of a mass or dimension exemption (permit).

123Application for mass or dimension exemption (permit)

(1)A person may apply to the Regulator for a mass or dimension exemption (permit).
(2)The application must be—
(a)in the approved form; and
(b)accompanied by the prescribed fee for the application.
(3)The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.

124Restriction on grant of mass or dimension exemption (permit)

(1)The Regulator may grant a mass or dimension exemption (permit) for a heavy vehicle only if—
(a)the Regulator is satisfied the use of the heavy vehicle on a road under the exemption will not pose a significant risk to public safety; and
(b)each relevant road manager for the exemption has consented to the grant; and
(c)the Regulator is satisfied all other consents required for the exemption under the law of the relevant jurisdiction have been obtained by the applicant or have been otherwise given.
(2)In deciding whether to grant a mass or dimension exemption (permit), the Regulator must have regard to the approved guidelines for granting mass or dimension exemptions.

125Conditions of mass or dimension exemption (permit)

(1)A mass or dimension exemption (permit)—
(a)must include a condition about the areas or routes to which the exemption applies; and
(b)is subject to conditions prescribed by the national regulations for the exemption; and
(c)must be subject to the road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161; and
(d)may be subject to any other conditions the Regulator considers appropriate, including, for example—
(i)conditions about 1 or more matters mentioned in Schedule 2; and
(ii)without limiting subparagraph (i), intelligent access program conditions.
(2)Without limiting the conditions that may be prescribed under subsection (1)(b), the national regulations may—
(a)prescribe conditions that are to apply only to particular areas or roads; and
(b)authorise the Regulator to decide the areas or roads to which the conditions are to apply.

126Period for which mass or dimension exemption (permit) applies

(1)A mass or dimension exemption (permit) applies for the period stated in the permit for the exemption.
(2)The period may be less than the period sought by the applicant for the mass or dimension exemption (permit).

127Permit for mass or dimension exemption (permit) etc.

(1)If the Regulator grants a mass or dimension exemption (permit) to a person, the Regulator must give the person—
(a)a permit for the exemption; and
(b)if the Regulator has imposed conditions on the exemption under section 125(1)(a), (c) or (d) or has granted the exemption for a period less than the period of not more than 3 years sought by the person—an information notice for the decision to impose the conditions or grant the exemption for the shorter period.

Note—

See sections 164 and 165 for the requirements for an information notice relating to the imposition of a road condition or travel condition at the request of a relevant road manager.
(b)a notice stating the review and appeal information for any of the following decisions that is a reviewable decision—
(i)the Regulator’s decision to grant the exemption for a period or impose a condition on the exemption;
(ii)a relevant road manager’s decision to consent to the grant of the exemption subject to a condition that a road condition or travel condition be imposed on the exemption.

Note—

Under section 641(6)(a), this notice must also state particular information about obtaining a statement of reasons for the decision.
(2)A permit for a mass or dimension exemption (permit) must state the following—
(a)the name of the person to whom the permit is given;
(b)a description of each heavy vehicle to which the exemption applies, including the registration number of the vehicle if it is registered;
(c)the mass requirement or dimension requirement to which the exemption applies;
(d)the areas or routes to which the exemption applies;
(e)the conditions mentioned in section 125(1)(b), including, for example, by referencing the relevant provision of the national regulations;
(f)the road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161;
(g)the other conditions of the exemption;
(h)the period for which the exemption applies.

128Refusal of application for mass or dimension exemption (permit)

If the Regulator refuses an application for a mass or dimension exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.

Note—

See section 166 for the requirements for an information notice relating to a relevant road manager’s decision not to give consent to the grant of a mass or dimension exemption (permit).

Division 4 Operating under mass or dimension exemption

129Contravening condition of mass or dimension exemption generally

(1)The driver or operator of a heavy vehicle being used on a road under a mass or dimension exemption must not contravene a condition of the exemption.

Maximum penalty—$6000.

(2)A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a mass or dimension exemption applying to the vehicle.

Maximum penalty—$6000.

(3)A person must not use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way that contravenes a condition of a mass or dimension exemption applying to the vehicle.

Maximum penalty—$6000.

(4)A person does not commit an offence against this Law in relation to a heavy vehicle contravening a mass requirement or dimension requirement if—
(a)the vehicle is exempt, under a mass or dimension exemption, from compliance with the mass requirement or dimension requirement; and
(b)the vehicle, and its use on a road, complies with the conditions of the exemption.
(5)However, if a person commits a condition offence—
(a)the exemption does not operate in the person’s favour while the contravention constituting the offence continues; and
(b)the exemption must be disregarded in deciding—
(i)whether the person has committed an offence in relation to a contravention of a mass requirement or dimension requirement applying to a heavy vehicle; and
(ii)the risk category for the contravention.
(6)If, because of the operation of subsection (5), a person commits an offence against a provision of this Law (the other offence provision) in relation to a mass requirement or dimension requirement to which an exemption under this Part applies, the person—
(a)may be charged with the condition offence or an offence against the other offence provision; but
(b)must not be charged with both offences.
(7)Subsection (1) does not apply to a condition mentioned in section 132(1).
(8)In this section—
condition offence means an offence against subsection (1), (2) or (3).

130Contravening condition of mass or dimension exemption relating to pilot or escort vehicle

(1)This section applies if a mass or dimension exemption is subject to a condition requiring a heavy vehicle to which the exemption applies to be accompanied by a pilot vehicle or escort vehicle while the heavy vehicle is used on a road.
(2)The driver of the pilot vehicle or escort vehicle accompanying the heavy vehicle must comply with the conditions of the mass or dimension exemption about the use of the pilot vehicle or escort vehicle.

Maximum penalty—$6000.

(3)The operator of the heavy vehicle must ensure, so far as is reasonably practicable, the driver of the pilot vehicle or escort vehicle complies with subsection (2).

Maximum penalty—$6000.

131Using pilot vehicle with a heavy vehicle that contravenes certain conditions of mass or dimension exemption

(1)The driver of a pilot vehicle must ensure the pilot vehicle does not accompany a heavy vehicle to which a mass or dimension exemption applies if the heavy vehicle, or its use on a road, contravenes a condition of the exemption because the heavy vehicle—
(a)travels on a route not allowed under the exemption; or
(b)travels at a time other than a time allowed under the exemption; or
(c)is accompanied by fewer than the number of pilot or escort vehicles required under the exemption.

Maximum penalty—$6000.

(2)If a person is both the driver of a pilot vehicle accompanying a heavy vehicle to which a mass or dimension exemption applies and an operator of the heavy vehicle, the person may, in relation to the heavy vehicle or its use on a road contravening a condition of the exemption of the kind contemplated by subsection (1), be prosecuted under section 129 or subsection (1), but not both.

132Keeping relevant document while driving under mass or dimension exemption (notice)

(1)This section applies if a mass or dimension exemption (notice) is subject to the condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep a relevant document in the driver’s possession.
(2)A driver of the class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the mass or dimension exemption (notice) must comply with the condition.

Maximum penalty—$3000.

(3)Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(7)In this section—
relevant document, for a mass or dimension exemption (notice), means a copy of—
(a)the Commonwealth Gazette notice for the exemption; or
(b)an information sheet about the exemption published by the Regulator on the Regulator’s website.
relevant party, for the driver of a class 1 heavy vehicle or class 3 heavy vehicle, means—
(a)an employer of the driver if the driver is an employed driver; or
(b)a prime contractor of the driver if the driver is a self-employed driver; or
(c)an operator of the vehicle if the driver is making a journey for the operator.

133Keeping copy of permit while driving under mass or dimension exemption (permit)

(1)The driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under a mass or dimension exemption (permit) must keep a copy of the permit for the exemption in the driver’s possession.

Maximum penalty—$3000.

(2)If the driver of a class 1 heavy vehicle or class 3 heavy vehicle is driving the vehicle under a mass or dimension exemption (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1), the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver stops working for the relevant party.

Maximum penalty—$4000.

(3)Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(7)In this section—
relevant party, for the driver of a class 1 heavy vehicle or class 3 heavy vehicle, means—
(a)an employer of the driver if the driver is an employed driver; or
(b)a prime contractor of the driver if the driver is a self-employed driver; or
(c)an operator of the vehicle if the driver is making a journey for the operator.

Division 5 Other provision

134Displaying warning signs on vehicles if not required by dimension exemption

(1)A heavy vehicle warning sign must not be displayed on a heavy vehicle unless it is being used under a dimension exemption.

Maximum penalty—$3000.

(2)A pilot vehicle warning sign must not be displayed on a vehicle unless it is being used as a pilot vehicle for a heavy vehicle being used under a dimension exemption.

Maximum penalty—$3000.

(3)In this section—
dimension exemption means an exemption under this Part from compliance with a dimension requirement.
heavy vehicle warning sign means a warning sign required under the national regulations to be attached to a heavy vehicle being used under a dimension exemption.
pilot vehicle warning sign means a warning sign required under the national regulations to be attached to a vehicle being used as a pilot vehicle for a heavy vehicle being used under a dimension exemption.

Part 4.6 Restricting access to roads by large vehicles that are not overmass or oversize vehicles

Division 1 Preliminary

135Main purpose of Pt 4.6

The main purpose of this Part is to restrict access to roads by heavy vehicles that, while complying with mass requirements and dimension requirements applying to them, may, because of their size—
(a)endanger public safety; or
(b)damage road infrastructure; or
(c)adversely affect public amenity.

136Class 2 heavy vehicles

(1)A heavy vehicle is a class 2 heavy vehicle if—
(a)it—
(i)complies with the prescribed mass requirements and prescribed dimension requirements applying to it; and
(ii)is—
(A)a B-double; or
(B)a road train; or
(C)a bus, other than an articulated bus, that is longer than 12.5m; or
(D)a combination designed and built to carry vehicles on more than 1 deck that, together with its load is longer than 19m or higher than 4.3m; or
(E)a motor vehicle, or a combination, that is higher than 4.3m and is built to carry cattle, sheep, pigs or horses; or
(b)it is a PBS vehicle other than a specified PBS vehicle.
(2)In this section—
specified PBS vehicle means a PBS vehicle that—
(a)is not a bus; and
(b)is not longer than 20m; and
(c)is the subject of a current PBS vehicle approval at performance level 1; and
(d)complies with the PBS vehicle approval; and
(e)complies with the general mass limits for the vehicle, regardless of whether the PBS vehicle approval authorises a higher mass limit.

Note—

General mass limits for a vehicle may be included in prescribed mass requirements under section 95.

Division 2 Restriction

137Using class 2 heavy vehicle

A person must not use a class 2 heavy vehicle, or permit a class 2 heavy vehicle to be used, on a road other than in accordance with a class 2 heavy vehicle authorisation.

Maximum penalty—$6000.

Division 3 Authorisation by Commonwealth Gazette notice

138Regulator’s power to authorise use of all or stated categories of class 2 heavy vehicles

(1)The Regulator may, by Commonwealth Gazette notice complying with section 142, authorise, for a period of not more than 5 years, the use of all or stated categories of class 2 heavy vehicles in one or more of the following ways—
(a)in stated areas or on stated routes;
(b)during stated hours of stated days;
(c)in the case of PBS vehicles, in accordance with a stated requirement that the vehicles are operated in accordance with the conditions contained in a PBS vehicle approval.
(2)An authorisation under subsection (1) is a class 2 heavy vehicle authorisation (notice).

Note—

See Division 3 of Part 4.7 in relation to amendment, suspension or cancellation of a class 2 heavy vehicle authorisation (notice).

139Restriction on grant of class 2 heavy vehicle authorisation (notice)

(1)The Regulator may grant a class 2 heavy vehicle authorisation (notice) only if—
(a)the Regulator is satisfied the use of class 2 heavy vehicles, or the stated categories of class 2 heavy vehicles, on a road under the authorisation will not pose a significant risk to public safety; and
(b)each relevant road manager for the authorisation has consented to the grant; and
(c)the Regulator is satisfied all other consents required for the authorisation under the law of the relevant jurisdiction have been obtained or given.
(2)In deciding whether to grant a class 2 heavy vehicle authorisation (notice), the Regulator must have regard to the approved guidelines for granting class 2 heavy vehicle authorisations.

140Conditions of class 2 heavy vehicle authorisation (notice)

A class 2 heavy vehicle authorisation (notice)—
(a)must be subject to the road conditions or travel conditions required by a road manager for the authorisation under section 160 or 161; and

Note—

Under sections 160(1)(b) and (4), a road manager may only require road conditions of a type prescribed by the national regulations.
(b)may be subject to other conditions the regulator considers appropriate, including, for example, a condition that the driver of a class 2 heavy vehicle who is driving the vehicle under the authorisation must keep in the driver’s possession a copy of—
(i)the Commonwealth Gazette notice for the authorisation; or
(ii)an information sheet about the authorisation published by the Regulator on the Regulator’s website.

141Period for which class 2 heavy vehicle authorisation (notice) applies

A class 2 heavy vehicle authorisation (notice)—
(a)takes effect—
(i)when the Commonwealth Gazette notice for the authorisation is published; or
(ii)if a later time is stated in the Commonwealth Gazette notice, at the later time; and
(b)applies for the period stated in the Commonwealth Gazette notice.

142Requirements about Commonwealth Gazette notice etc.

(1)A Commonwealth Gazette notice for a class 2 heavy vehicle authorisation (notice) must state the following—
(a)that the authorisation applies to all class 2 heavy vehicles or, if the authorisation only applies to particular categories of class 2 heavy vehicles, the categories of class 2 heavy vehicles to which the authorisation applies;
(b)the areas or routes to which the authorisation applies;
(c)the days and hours to which the authorisation applies;
(d)any conditions applying to class 2 heavy vehicles being used on a road under the authorisation;
(e)the period for which the authorisation applies.
(2)Without limiting subsection (1)(b), the notice may state the areas or routes under the subsection by—
(a)applying by reference a stated map or stated list, not in the notice, prepared and published by the relevant road authority or the Regulator; and
(b)referring to the areas or routes shown on the stated map or list.
(3)Without limiting subsection (1)(d), the notice may state road conditions or travel conditions under the subsection by referring to road conditions or travel conditions shown on a stated map or stated list applied under subsection (2)(a).
(4)The Regulator must publish a copy of the notice on the Regulator’s website.
(5)If the notice applies a stated map or stated list—
(a)the Regulator may amend the stated map or stated list prepared and published by it and the relevant road authority may amend the stated map or stated list prepared and published by it, but only by omitting, varying or extending—
(i)the areas or routes mentioned in subsection (2)(b); or
(ii)the road conditions or travel conditions mentioned in subsection (3);
      including by adding additional areas, routes, road conditions or travel conditions; and
(b)the Regulator must ensure a copy of the stated map or stated list as in force from time to time is—
(i)made available for inspection, without charge, during normal business hours at each office of the Regulator; and
(ii)published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website.

Note—

The Regulator must publish a stated map or stated list whether the Regulator or a relevant road authority originally prepared and published it as mentioned in subsection (2).
(6)Despite subsection (5)(a), a road authority may only amend a map or list in a way that affects a particular road if—
(a)the road authority is the road manager for the road; or
(b)the road authority is not the road manager for the road and has been advised by the Regulator that the Regulator has obtained the consent of the road manager for the amendment.
(7)In this section—
relevant road authority, for a class 2 heavy vehicle authorisation (notice), means the road authority for the participating jurisdiction in which the road likely to be travelled under the authorisation is situated.
road conditions means road conditions required by the relevant road manager under section 160.
travel conditions means travel conditions required by the relevant road manager under section 161.

142AProcess for amending stated map or stated list

(1)This section applies to the amendment of a stated map or stated list mentioned in section 142.
(2)For the purpose of an amendment by the Regulator only adding an additional area or route to a stated map or stated list—
(a)section 139 applies; and
(b)Division 2 of Part 4.7 applies to the extent the division relates to the grant of a class 2 heavy vehicle authorisation (notice); and
(c)Division 3 of Part 4.7 does not apply.
(3)For the purpose of subsection (2), section 139 and Division 2 of Part 4.7 apply as if—
(a)a reference to the grant of a class 2 heavy vehicle authorisation (notice) or a mass or dimension authority were a reference to the adding of the additional area or route; and
(b)a reference to the relevant road manager for a class 2 heavy vehicle authorisation (notice) or a mass or dimension authority were a reference to the relevant road manager for the authorisation or authority that applies the stated map or stated list.
(4)For the purpose of an amendment by the relevant road authority only adding an additional area or route to, or only removing a road condition or travel condition from, a stated map or stated list, section 139 and Part 4.7 do not apply.
(5)For the purpose of an amendment by the Regulator or a relevant road authority if subsections (2) to (4) do not apply, Division 3 of Part 4.7 applies to the extent the division relates to the amendment of a class 2 heavy vehicle authorisation (notice).
(6)For the purpose of subsection (5), Division 3 of Part 4.7 applies as if—
(a)a reference to the amendment of a mass or dimension authority were a reference to the amendment of the stated map or stated list; and
(b)a reference to the Regulator were a reference to the Regulator or the relevant road authority, whichever is amending the stated map or stated list; and
(c)a reference to the relevant road manager for a mass or dimension authority were a reference to the relevant road manager for the authority that applies the stated map or stated list.

Division 4 Authorisation by permit

143Regulator’s power to authorise use of a particular class 2 heavy vehicle

(1)The Regulator may, by giving a person a permit as mentioned in section 148, authorise, for a period of not more than 3 years, the use of a class 2 heavy vehicle—
(a)in stated areas or on stated routes; and
(b)during stated hours of stated days.
(2)An authorisation under subsection (1) is a class 2 heavy vehicle authorisation (permit).
(3)A class 2 heavy vehicle authorisation (permit) may apply to 1 or more heavy vehicles.

Note—

See Division 4 of Part 4.7 in relation to amendment, suspension or cancellation of a class 2 heavy vehicle authorisation (permit).

144Application for class 2 heavy vehicle authorisation (permit)

(1)A person may apply to the Regulator for a class 2 heavy vehicle authorisation (permit).
(2)The application must be—
(a)in the approved form; and
(b)accompanied by the prescribed fee for the application.
(3)The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.

145Restriction on grant of class 2 heavy vehicle authorisation (permit)

(1)The Regulator may grant a class 2 heavy vehicle authorisation (permit) for a class 2 heavy vehicle only if—
(a)the Regulator is satisfied the use of the class 2 heavy vehicle on a road under the authorisation will not pose a significant risk to public safety; and
(b)each relevant road manager for the authorisation has consented to the grant; and
(c)the Regulator is satisfied all other consents required for the authorisation under the law of the relevant jurisdiction have been obtained by the applicant or have been otherwise given.
(2)In deciding whether to grant a class 2 heavy vehicle authorisation (permit), the Regulator must have regard to the approved guidelines for granting class 2 heavy vehicle authorisations.

146Conditions of class 2 heavy vehicle authorisation (permit)

A class 2 heavy vehicle authorisation (permit)—
(a)must be subject to the road conditions or travel conditions required by a relevant road manager for the authorisation under section 160 or 161; and
(b)may be subject to any other conditions the Regulator considers appropriate, including, for example—
(i)conditions about 1 or more matters mentioned in Schedule 2; and
(ii)without limiting subparagraph (i), intelligent access program conditions.

147Period for which class 2 heavy vehicle authorisation (permit) applies

(1)A class 2 heavy vehicle authorisation (permit) applies for the period stated in the permit for the authorisation.
(2)The period may be less than the period sought by the applicant for the class 2 heavy vehicle authorisation (permit).

148Permit for class 2 heavy vehicle authorisation (permit) etc.

(1)If the Regulator grants a class 2 heavy vehicle authorisation (permit) to a person, the Regulator must give the person—
(a)a permit for the authorisation; and
(b)if the Regulator has imposed conditions on the authorisation under section 146 or has granted the authorisation for a period less than the period of not more than 3 years sought by the person—an information notice for the decision to impose the conditions or grant the authorisation for the shorter period.

Note—

See sections 164 and 165 for the requirements for an information notice relating to the imposition of a road condition or travel condition at the request of a relevant road manager.
(b)a notice stating the review and appeal information for any of the following decisions that is a reviewable decision—
(i)the Regulator’s decision to grant the authorisation for a period or impose a condition on the authorisation;
(ii)a relevant road manager’s decision to consent to the grant of the authorisation subject to a condition that a road condition or travel condition be imposed on the authorisation.

Note—

Under section 641(6)(a), this notice must also state particular information about obtaining a statement of reasons for the decision.
(2)A permit for a class 2 heavy vehicle authorisation (permit) must state the following—
(a)the name and address of the person to whom the permit is given;
(b)if the authorisation applies to particular categories of class 2 heavy vehicles, the categories of heavy vehicles to which the authorisation applies;
(c)the areas or routes to which the authorisation applies;
(d)the days and hours to which the authorisation applies;
(e)the road conditions or travel conditions required by a relevant road manager for the authorisation under section 160 or 161;
(f)any other conditions applying to a class 2 heavy vehicle being used on a road under the authorisation;
(g)the period for which the authorisation applies.

149Refusal of application for class 2 heavy vehicle authorisation (permit)

If the Regulator refuses an application for a class 2 heavy vehicle authorisation (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.

Note—

See section 166 for the requirements for an information notice relating to a road manager’s decision not to give consent to the grant of a class 2 heavy vehicle authorisation (permit).

Division 5 Operating under class 2 heavy vehicle authorisation

150Contravening condition of class 2 heavy vehicle authorisation

(1)The driver or operator of a class 2 heavy vehicle being used on a road under a class 2 heavy vehicle authorisation must not contravene a condition of the authorisation.

Maximum penalty—$6000.

(2)Subsection (1) does not apply to a condition mentioned in section 151(1).

151Keeping relevant document while driving under class 2 heavy vehicle authorisation (notice)

(1)This section applies if a class 2 heavy vehicle authorisation (notice) is subject to the condition that the driver of a class 2 heavy vehicle who is driving the vehicle under the authorisation must keep a relevant document in the driver’s possession.
(2)A driver of the class 2 heavy vehicle who is driving the vehicle under the class 2 heavy vehicle authorisation (notice) must comply with the condition.

Maximum penalty—$3000.

(3)Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(7)In this section—
relevant document, for a class 2 heavy vehicle authorisation (notice), means a copy of—
(a)the Commonwealth Gazette notice for the authorisation; or
(b)an information sheet about the authorisation published by the Regulator on the Regulator’s website.
relevant party, for the driver of a class 2 heavy vehicle, means—
(a)an employer of the driver if the driver is an employed driver; or
(b)a prime contractor of the driver if the driver is a self-employed driver; or
(c)an operator of the vehicle if the driver is making a journey for the operator.

152Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit)

(1)The driver of a class 2 heavy vehicle who is driving the vehicle under a class 2 heavy vehicle authorisation (permit) must keep a copy of the permit for the authorisation in the driver’s possession.

Maximum penalty—$3000.

(2)If the driver of a class 2 heavy vehicle is driving the vehicle under a class 2 heavy vehicle authorisation (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1), the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver stops working for the relevant party.

Maximum penalty—$4000.

(3)Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(7)In this section—
relevant party, for the driver of a class 2 heavy vehicle, means—
(a)an employer of the driver if the driver is an employed driver; or
(b)a prime contractor of the driver if the driver is a self-employed driver; or
(c)an operator of the vehicle if the driver is making a journey for the operator.

Part 4.6A Restricted access vehicles

153AUsing restricted access vehicle

(1)A person must not use a restricted access vehicle, or permit a restricted access vehicle to be used, on a road unless the road is one on which the vehicle is allowed to be used under a mass or dimension authority applying to the vehicle.

Maximum penalty—$6000.

(2)In this section—
restricted access vehicle means a heavy vehicle that (together with its load) is—
(a)higher than 4.3m; or
(b)wider than 2.5m; or
(c)longer than—
(i)if a single vehicle other than an articulated bus—12.5m;
(ii)if an articulated bus—18m; or
(iii)if a combination—19m.
specified semitrailer means a semitrailer that—
(a)is not a PBS vehicle; and
(b)has an air suspension system with effective dampers fitted; and
(c)has a deck height not higher than 1.2m for at least 50% of its deck length; and
(d)if in a combination—the combination—
(i)consists only of—
(A)a prime mover towing a single semitrailer attached to the prime mover by a fifth wheel coupling; or
(B)a B-double; or
(C)a B-triple; and
(ii)has a mass not more than 90% of the prescribed mass requirements for the combination.

Note—

Although this section does not apply to certain combinations, a combination that is a class 2 heavy vehicle will still need to have a class 2 heavy vehicle authorisation (see s 137).
(3)This section does not apply to—
(a)a class 2 heavy vehicle; or
(b)a specified PBS vehicle as defined in section 136(2).; or

Note—

All other PBS vehicles are class 2 heavy vehicles (see section 136).
(c)a specified semitrailer.

Part 4.7 Particular provisions about mass or dimension authorities

Division 1 Preliminary

154Definitions for Pt 4.7

In this Part—
road condition
(a)means a condition directed at—
(i)protecting road infrastructure; or
(ii)preventing or minimising an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or
(iii)preventing or minimising significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; but
(b)does not include a condition requiring the installation of equipment or another thing in a vehicle unless the equipment or thing is required to be installed in the vehicle for an intelligent access program condition imposed in connection with a condition directed at the matters mentioned in paragraph (a)(i), (ii) or (iii).
route assessment, in relation to a mass or dimension authority, means an assessment of the road infrastructure in the areas or on the routes to which the authority is to apply to decide the impact the grant of the authority will have, or is likely to have, on the road infrastructure.
travel condition means a condition directed at ensuring that access to a stated route or area is limited to either or both of the following—
(a)stated days or hours (or both);
(b)travel in a stated direction.
vehicle condition means a condition directed at ensuring a vehicle can operate safely on roads.

Division 2 Obtaining consent of relevant road managers

155Application of Div 2

This Division applies in relation to the Regulator obtaining the consent of the road manager for a road for the purpose of granting a mass or dimension authority.

156Period within which road manager must decide

(1)If the Regulator asks a road manager for a road for the road manager’s consent to the grant of a mass or dimension authority, the road manager must decide to give or not to give the consent—
(a)within—
(i)28 days after the request is made, unless subparagraph (ii) applies; or
(ii)if this section applies because the road manager gave the Regulator a notice of objection to the grant under section 167—14 days after giving the notice of objection; or
(b)within a longer period, of not more than 6 months after the request is made, agreed to by the Regulator.

Note—

See, however, sections 159, 167 and 168.
(2)The road manager may ask for, and the Regulator may agree to, a longer period under subsection (1)(b) only if—
(a)consultation is required under a law with another entity (including, for example, for the purpose of obtaining that entity’s approval to give the consent); or
(b)the road manager considers a route assessment is necessary for deciding whether to give or not to give the consent; or
(c)the road manager is the road authority for the participating jurisdiction and considers that a local government authority that is not required under a law to be consulted should nevertheless be consulted before deciding whether to give or not to give the consent.
(3)If the Regulator agrees to a longer period under subsection (1)(b), the Regulator must give the applicant for the mass or dimension authority concerned a written statement of the decision—
(a)identifying the road manager concerned; and
(b)indicating the ground on which the road manager asked for a longer period.

156A Deciding request for consent generally

(1)If the Regulator asks a road manager for a road for the road manager’s consent to the grant of a mass or dimension authority, the road manager may decide not to give the consent only if the road manager is satisfied—
(a)the mass or dimension authority will, or is likely to—
(i)cause damage to road infrastructure; or
(ii)impose adverse effects on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or
(iii)pose significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; and
(b)it is not possible to grant the authority subject to road conditions or travel conditions that will avoid, or significantly minimise—
(i)the damage or likely damage; or
(ii)the adverse effects or likely adverse effects; or
(iii)the significant risks or likely significant risks.
(2)If the road manager considers that the consent would be given if the mass of the vehicle under the application for the authority was less than applied for, the road manager must give the consent subject to a road condition that the vehicle not exceed the mass.
(3)Also, in deciding whether or not to give the consent, the road manager must have regard to—
(a)for a mass or dimension exemption—the approved guidelines for granting mass or dimension exemptions; or
(b)for a class 2 heavy vehicle authorisation—the approved guidelines for granting class 2 heavy vehicle authorisations.
(4)If a relevant road manager for a mass or dimension authority decides not to give consent to the grant of the authority, the relevant road manager must give the Regulator a written statement that explains the road manager’s decision and complies with section 172.

157Obtaining third party’s approval for giving consent for permit

(1)This section applies if—
(a)a person (the applicant) applies for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit); and
(b)consultation with another entity is required under a law.
(2)The Regulator must—
(a)notify the applicant that consultation is required; and
(b)notify the road manager that the applicant has been notified of the requirement.
(3)The Regulator must, as far as practicable, give the notifications under subsection (2) concurrently with asking the road manager for the consent.

158Action pending consultation with third party

(1)This section applies if—
(a)consultation with another entity is required under a law; and
(b)the road manager does not ask for a longer period under section 156(1)(b) or the Regulator refuses to agree to a longer period asked for under section 156(1)(b).
(2)If the consultation with the other entity is not yet completed, the road manager must, as far as practicable, deal with the request for consent and decide to give or not to give the consent (even though the consultation with the other entity is not completed).
(3)If the road manager decides to give the consent even though the consultation with the other entity is not completed, the consent is not operative unless and until—
(a)the consultation is completed; and
(b)if the other entity’s approval is required, the other entity gives its approval.
(4)If—
(a)the consultation with the other entity is completed and the other entity’s approval is required; and
(b)the road manager has not yet decided to give or not to give the consent;

the road manager may—

(c)decide not to give the consent, on the ground that the consent would be inoperative; or
(d)decide to give the consent, but the consent is inoperative without the other entity’s approval.

(5)The Regulator must not grant a mass or dimension authority if—
(a)consultation is required under a law with another entity; and
(b)the other entity’s approval is required; and
(c)the other entity has declined to give its approval.

159Deciding request for consent if route assessment required

(1)This section applies if—
(a)a person (the applicant) applies for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit); and
(b)the Regulator asks a road manager for a road for the road manager’s consent to the grant of the exemption or authorisation; and
(c)the road manager considers a route assessment is necessary for deciding whether to give or not to give the consent.
(2)The road manager may notify the Regulator of the following—
(a)that a route assessment is required for the road manager deciding whether to give or not to give the consent;
(b)the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated.
(3)The Regulator must notify the applicant of the following—
(a)that a route assessment is required for the road manager deciding whether to give or not to give the consent;
(b)the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated;
(c)if a fee is payable for the route assessment under a law of the jurisdiction in which the road is situated, that the road manager may stop considering whether to give or not to give the consent until the fee is paid;
(d)if, under section 156(1)(b), the Regulator agrees to a longer period for the road manager deciding whether to give or not to give the consent, the longer period agreed by the Regulator.
(4)If a fee is payable for the route assessment under a law of the jurisdiction in which the road is situated—
(a)the road manager may stop considering whether to give or not to give the consent until the fee is paid; and
(b)the period between the day the applicant is given the notification under subsection (3) and the day the fee is paid must not be counted in working out the period taken by the road manager to decide whether to give or not to give the consent.
(5)If the applicant does not pay the fee for the route assessment within 28 days after the notification is given to the applicant under subsection (3), or a longer period agreed to by the Regulator, the application lapses.

160Imposition of road conditions

(1)A relevant road manager for a mass or dimension authority may consent to the grant of the authority subject to—
(a)except in the case of a class 2 heavy vehicle authorisation (notice)—the condition that a stated road condition is imposed on the authority; or
(b)in the case of a class 2 heavy vehicle authorisation (notice)—the condition that a stated road condition of a type prescribed by the national regulations is imposed on the authority.
(2)If a relevant road manager for a mass or dimension authority consents to the grant of the authority subject to a condition as mentioned in subsection (1)(a)—
(a)the relevant road manager must give the Regulator a written statement that explains the road manager’s decision to give consent to the grant of the authority subject to the condition and complies with section 172; and
(b)the Regulator must impose the stated road condition on the authority.
(3)If a relevant road manager for a mass or dimension authority consents to the grant of the authority subject to a condition as mentioned in subsection (1)(b), the Regulator must impose the stated road condition on the authority.
(4)The national regulations may prescribe road conditions, or kinds of road conditions, for the purposes of subsection (1)(b) and must prescribe the circumstances in which it is appropriate to impose such a condition.

161Imposition of travel conditions

(1)A relevant road manager for a mass or dimension authority may consent to the grant of the authority subject to the condition that a stated travel condition is imposed on the authority.
(2)If a relevant road manager for a mass or dimension authority consents to the grant of the authority as mentioned in subsection (1)—
(a)the relevant road manager must give the Regulator a written statement that explains the road manager’s decision to give consent to the grant of the authority subject to the condition and complies with section 172; and
(b)the Regulator must impose the stated travel condition on the authority.

162Imposition of vehicle conditions

(1)A relevant road manager for a mass or dimension authority who gives consent to the grant of the authority may ask the Regulator to impose a stated vehicle condition on the authority.
(2)If a relevant road manager for a mass or dimension authority makes a request as mentioned in subsection (1), the Regulator must—
(a)consider the request and decide—
(i)to impose the stated vehicle condition on the authority (with or without modification); or
(ii)not to impose the stated vehicle condition on the authority; and
(b)notify the relevant road manager of the decision under paragraph (a).

163Obtaining consent of road authority if particular road manager refuses to give consent

(1)This section applies if a relevant road manager for a mass or dimension authority—
(a)is a public authority other than a road authority; and
(b)either—
(i)decides not to consent to the grant of the mass or dimension authority; or
(ii)consents to the grant of the mass or dimension authority subject to the imposition of road conditions or travel conditions the Regulator considers are not necessary to avoid, or significantly minimise—
(A)damage, or likely damage, to road infrastructure; or
(B)adverse effects, or likely adverse effects, on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or
(C)significant risks, or likely significant risks, to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.
(2)The Regulator may ask the relevant road authority to consent to the grant.
(3)If the Regulator asks the relevant road authority for consent under this section, the road authority must decide to give or not to give the consent—
(a)within 3 months of the request; or
(b)within a longer period, of not more than 6 months, agreed to by the Regulator.
(4)If the relevant road authority gives the consent or gives the consent on the condition that a stated road condition or travel condition is imposed on the mass or dimension authority—
(a)the decision of the relevant road manager has no effect for the purposes of this Law; and
(b)to the extent this Law applies in relation to the consent of, or the road conditions or travel conditions required by, the relevant road manager, this Law (other than this section) applies as if a reference in it to the relevant road manager were a reference to the relevant road authority.
(5)In this section—
relevant road authority, for a decision of a relevant road manager for a mass or dimension authority, means the road authority for the participating jurisdiction in which the road for which the relevant road manager is a road manager is situated.

164Information notice for imposition of road conditions requested by road manager

(1)This section applies if—
(a)the Regulator grants a mass or dimension authority by giving a person a permit; and
(b)the authority is subject to a road condition required by a relevant road manager for the authority when consenting to the grant of the authority.
(2)The information notice for the decision to impose the condition given to the person under this Law must state the following, in addition to any other information required to be included in the information notice—
(a)that the road manager consented to the mass or dimension authority on the condition that the road condition is imposed on the authority;
(b)a written statement that explains the road manager’s decision to give the consent on the condition that the road condition be imposed on the authority and complies with section 172;
(c)the review and appeal information for the road manager’s decision to give the consent on the condition that the road condition be imposed on the authority.

165Information notice for imposition of travel conditions requested by road manager

(1)This section applies if—
(a)the Regulator grants a mass or dimension authority by giving a person a permit; and
(b)the authority is subject to a travel condition required by a relevant road manager for the authority when consenting to the grant of the authority.
(2)The information notice for the decision to impose the condition given to the person under this Law must state the following, in addition to any other information required to be included in the information notice—
(a)that the road manager consented to the mass or dimension authority on the condition that the travel condition is imposed on the authority;
(b)a written statement that explains the road manager’s decision to give the consent on the condition that the travel condition be imposed on the authority and complies with section 172;
(c)the review and appeal information for the road manager’s decision to give the consent on the condition that the travel condition be imposed on the authority.

166Information notice for decision to refuse application because road manager did not give consent

(1)This section applies if an application for a mass or dimension authority is refused, wholly or partly, because a relevant road manager for the authority has refused to consent to the authority.
(2)The information notice for the decision to refuse the application given to the applicant under this Law must state the following, in addition to any other information required to be included in the information notice—
(a)that the road manager has refused to consent to the mass or dimension authority;
(b)a written statement that explains the road manager’s decision to refuse to give the consent and complies with section 172;
(c)the review and appeal information for the road manager’s decision to refuse to give the consent.

167Expedited procedure for road manager’s consent for renewal of mass or dimension authority

(1)This section applies if—
(a)the relevant road manager has previously consented to a grant of a mass or dimension authority (the previous authority); and
(b)the Regulator proposes to grant a mass or dimension authority (the proposed replacement authority) by way of renewal so as to replace the previous authority on its expiry; and
(c)the Regulator proposes to impose the same conditions on the proposed replacement authority as applied to the previous authority; and
(d)the Regulator informs the relevant road manager that the Regulator is seeking to obtain the manager’s consent in accordance with the procedure under this section (the expedited procedure).
(2)However, this section does not apply, or ceases to apply, if—
(a)there are differences between the terms of the previous authority and the terms of the proposed replacement authority, including, for example—
(i)differences relating to the description of the type of heavy vehicle covered by the proposed replacement authority; and
(ii)additional, deleted or varied conditions; and
(iii)the inclusion of additional areas or routes; or
(b)the relevant road manager gives the Regulator a notice of objection to the application of this section to the proposed replacement authority and that notice of objection is given within the period (the relevant period) of—
(i)14 days after the request for consent is made; or
(ii)28 days after the request for consent is made if the road manager seeks the extension of time within the initial 14 days; or
(c)the Regulator gives the relevant road manager a notice that the Regulator withdraws the proposed replacement authority from the expedited procedure; or
(d)a law of this jurisdiction requires consultation with third parties before the grant of the proposed replacement authority or before access to a particular route or area covered by it is given.
(3)The road manager is taken to have given the consent at the end of the relevant period to the grant of the proposed replacement authority on the same conditions as applied to the previous authority, unless before the end of that period the road manager gives written notice to the Regulator that the road manager gives or refuses consent.

168Operation of section 167

(1)Sections 156 to 166 do not apply to a request for consent while a proposed replacement authority is being dealt with under the expedited procedure under section 167.
(2)Those sections apply to the request for consent if section 167 does not apply or ceases to apply, as referred to in section 167(2).

169Granting limited consent for trial purposes

(1)A relevant road manager may give consent to the grant of a mass or dimension authority for a trial period of no more than 3 months specified by the road manager.
(2)The trial period determines the maximum period for which the mass or dimension authority applies.
(3)If there is more than one relevant road manager in relation to a proposed mass or dimension authority, the consent of one or more of the road managers is ineffective unless all the road managers give their consent to the same effect.

170Renewal of limited consent for trial purposes

(1)The Regulator must notify each relevant road manager that gave consent under section 169 that the mass or dimension authority concerned will be renewed with effect from the end of the current period of its duration unless action is taken under this section.
(2)The notification must be given at least one month before the end of the current trial period.
(3)The Regulator must renew the mass or dimension authority for a further trial period of no more than 3 months, unless the Regulator receives a written objection to its renewal from a relevant road manager within the current trial period.
(4)The mass or dimension authority is renewable for one or more further trial periods.

171Period for which mass or dimension authority applies where limited consent

(1)This section applies where a mass or dimension exemption is granted under section 169 or 170.
(2)In the case of a mass or dimension exemption (permit) or a class 2 heavy vehicle authorisation (permit), the period for which the permit applies must not exceed the length of the trial period.
(3)In the case of a mass or dimension exemption (notice) or a class 2 heavy vehicle authorisation (notice), then, despite section 120 or 141, the period for which the notice applies is so much of the period stated in the Commonwealth Gazette notice referred to in that section as does not exceed the trial period.

172Requirements for statement explaining adverse decision of road manager

(1)This section applies to a written statement explaining a decision of a relevant road manager under this Division—
(a)not to give consent to the grant of a mass or dimension authority (as referred to in section 156A); or
(b)to consent to the grant of a mass or dimension authority on the condition that—
(i)a road condition is imposed on the authority (as referred to in section 160); or
(ii)a travel condition is imposed on the authority (as referred to in section 161).
(2)The written statement complies with this section if it sets out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the road manager’s decision.
(2)The written statement complies with this section if it—
(a)sets out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the road manager’s decision; and
(b)identifies every document or part of a document that is relevant to the road manager’s decision and is—
(i)in the road manager’s possession; or
(ii)under the road manager’s control; or
(iii)otherwise available to the road manager.

Division 3 Amendment, cancellation or suspension of mass or dimension authority granted by Commonwealth Gazette notice

173Amendment or cancellation on Regulator’s initiative

(1)It is a ground for amending or cancelling a mass or dimension authority granted by Commonwealth Gazette notice if the use of heavy vehicles on a road under the authority has caused, or is likely to cause, a significant risk to public safety.
(2)If the Regulator considers a ground exists to amend or cancel the mass or dimension authority, the Regulator may amend or cancel the authority by complying with subsections (3) to (5).
(3)The Regulator must publish a public notice—
(a)stating that the Regulator believes a ground exists to amend or cancel the authority; and
(b)outlining the facts and circumstances forming the basis for the belief; and
(c)stating the action the Regulator is proposing to take under this section (the proposed action); and
(d)inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.
(4)If, after considering all written representations made under subsection (3)(d), the Regulator still considers a ground exists to take the proposed action, the Regulator may—
(a)if the proposed action was to amend the mass or dimension authority—amend the authority in a way that is not substantially different from the proposed action, including, for example, by—
(i)amending the areas or routes to which the authority applies; or
(ii)amending the days or hours to which the authority applies; or
(iii)imposing additional vehicle conditions on the authority; or
(b)if the proposed action was to cancel the mass or dimension authority—
(i)amend the authority, including, for example, as mentioned in paragraph (a)(i), (ii) or (iii); or
(ii)cancel the authority.
(5)The Regulator must publish a public notice of the amendment or cancellation.
(6)The amendment or cancellation takes effect—
(a)28 days after the Commonwealth Gazette notice is published under subsection (5); or
(b)if a later time is stated in the Commonwealth Gazette notice, at the later time.

174Amendment or cancellation on request by relevant road manager

(1)This section applies if a relevant road manager for a mass or dimension authority granted by Commonwealth Gazette notice is satisfied the use of heavy vehicles on a road under the authority—
(a)has caused, or is likely to cause, damage to road infrastructure; or
(b)has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or
(c)has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.
(2)The road manager may ask the Regulator to—
(a)amend the mass or dimension authority by—
(ia)amending the category of vehicle to which the authority applies; or
(ib)amending the type of load that may be carried by vehicles to which the authority applies; or
(i)amending the areas or routes to which the authority applies; or
(ii)amending the days or hours to which the authority applies; or
(iii)imposing or amending road conditions or travel conditions; or
(b)cancel the authority.
(3)The Regulator must comply with the request.
(4)However, if consent to the grant of the mass or dimension authority was given by a road authority under section 163
(a)the Regulator may refer the request to the road authority; and
(b)if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and
(c)if the road authority does not give written approval of the road manager’s request within 28 days after the referral is made, the Regulator—
(i)must not comply with the request; and
(ii)must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.
(5)The Regulator must publish a public notice of the amendment or cancellation.
(6)The amendment or cancellation takes effect—
(a)28 days after the Commonwealth Gazette notice is published under subsection (5); or
(b)if a later time is stated in the Commonwealth Gazette notice, at the later time.

175Immediate suspension

(1)This section applies if the Regulator considers it is necessary to suspend a mass or dimension authority granted by Commonwealth Gazette notice immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.
(2)The Regulator may, by public notice, immediately suspend the authority until the earliest of the following—
(a)the end of 56 days after the day the public notice is published;
(b)the Regulator publishes a notice under section 173(5) or 174(5) and the amendment or cancellation takes effect under section 173(6) or 174(6);
(c)the Regulator cancels the suspension by public notice.
(4)The suspension, and (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3).
(5)This section applies despite sections 173 and 174.

175A Minor amendment

(1)The Regulator may amend a mass or dimension authority, granted by Commonwealth Gazette notice, in a minor respect—
(a)for a formal or clerical reason; or
(b)in another way that does not adversely affect the interests of a person who is operating under the authority.
(2)The Regulator must publish a public notice of the amendment.

Division 4 Amendment, cancellation or suspension of mass or dimension authority granted by permit

176Amendment or cancellation on application by permit holder

(1)The holder of a permit for a mass or dimension authority may apply to the Regulator for an amendment or cancellation of the authority.
(2)The application must—
(a)be in writing; and
(b)be accompanied by the prescribed fee for the application; and
(c)if the application is for an amendment, state clearly the amendment sought and the reasons for the amendment; and
(d)be accompanied by the permit.
(3)The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.
(4)If the proposed amendment of the mass or dimension authority is—
(a)to amend the areas or routes to which the authority applies (otherwise than by omitting an area or route or reducing an area or route in size); or
(b)to impose or amend road conditions or travel conditions;

then—

(c)the Regulator must ask the relevant road managers (for the roads to which the amendment relates) for their consent to the amendment; and
(d)the provisions of Division 2 apply to the request for consent in the same way as they apply to a request for consent under that Division, with the modifications (if any) prescribed by the national regulations and with any necessary modifications.

(5)The Regulator must decide the application as soon as practicable after receiving it.
(6)If the Regulator decides to grant the application—
(a)the Regulator must give the applicant notice of the decision; and
(b)the amendment or cancellation takes effect—
(i)when notice of the decision is given to the applicant; or
(ii)if a later time is stated in the notice, at the later time; and
(c)if the Regulator amended the authority, the Regulator must give the applicant a replacement permit for the authority as amended.
(d)if the authority is amended to change the vehicle to which the authority applies to an equivalent vehicle, the Regulator must give notice of the amendment to the relevant road manager within 28 days after the authority is amended.
(7)If the Regulator decides not to amend or cancel the mass or dimension authority as sought by the applicant, the Regulator must—
(a)give the applicant an information notice for the decision; and
(b)return the permit for the authority to the applicant.
(8)In this section—
equivalent vehicle, of another vehicle, means a vehicle that—
(a)is of the same category as the other vehicle; and
(b)has mass requirements that are no more than the mass requirements applying to the other vehicle; and
(c)has dimension requirements that are no more than the dimension requirements applying to the other vehicle; and
(d)poses no greater public risk than the other vehicle.

177Amendment or cancellation on Regulator’s initiative

(1)Each of the following is a ground for amending or cancelling a mass or dimension authority granted by giving a person a permit—
(a)the authority was granted because of a document or representation that was—
(i)false or misleading; or
(ii)obtained or made in an improper way;
(b)the holder of the permit for the authority has contravened a condition of the authority;
(c)the use of heavy vehicles on a road under the authority has caused, or is likely to cause, a significant risk to public safety.
(2)If the Regulator considers a ground exists to amend or cancel a mass or dimension authority granted by giving a person a permit (the proposed action), the Regulator must give the holder of the permit a notice—
(a)stating the proposed action; and
(b)stating the ground for the proposed action; and
(c)outlining the facts and circumstances forming the basis for the ground; and
(d)if the proposed action is to amend the authority (including a condition of the authority)—stating the proposed amendment; and
(e)inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.
(3)If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may—
(a)if the proposed action was to amend the mass or dimension authority—amend the authority in a way that is not substantially different from the proposed action, including, for example, by—
(i)amending the areas or routes to which the authority applies; or
(ii)amending the days or hours to which the authority applies; or
(iii)imposing additional vehicle conditions on the authority; or
(b)if the proposed action was to cancel the authority—
(i)amend the authority, including, for example, as mentioned in paragraph (a)(i), (ii) or (iii); or
(ii)cancel the authority.
(4)The Regulator must give the holder an information notice for the decision.
(5)The amendment or cancellation takes effect—
(a)when the information notice is given to the holder; or
(b)if a later time is stated in the information notice, at the later time.

178Amendment or cancellation on request by relevant road manager

(1)This section applies if a relevant road manager for a mass or dimension authority granted by giving a person a permit is satisfied the use of heavy vehicles on a road under the authority—
(a)has caused, or is likely to cause, damage to road infrastructure; or
(b)has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or
(c)has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.
(2)The road manager may ask the Regulator to—
(a)amend the mass or dimension authority, including, for example, by—
(i)amending the areas or routes to which the authority applies; or
(ii)amending the days or hours to which the authority applies; or
(iii)imposing or amending road conditions or travel conditions on the authority; or
(b)cancel the authority.
(3)The Regulator must comply with the request.
(4)However, if consent to the grant of the mass or dimension authority was given by a road authority under section 163
(a)the Regulator may refer the request to the road authority; and
(b)if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and
(c)if the road authority does not give written approval of the request within 28 days after the referral is made, the Regulator—
(i)must not comply with the request; and
(ii)must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.
(5)If the mass or dimension authority is amended or cancelled under this section, the Regulator must give the holder of the permit for the authority notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect.
(6)The notice given to the holder must state—
(a)the day the amendment or cancellation is to take effect; and
(b)the reasons given by the road manager for the amendment or cancellation; and
(c)the review and appeal information for the road manager’s decision.

179Immediate suspension

(1)This section applies if the Regulator considers it is necessary to suspend a mass or dimension authority granted by issuing a permit to someone immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.
(2)The Regulator may, by notice (immediate suspension notice) given to the person to whom the permit was given, immediately suspend the authority until the earliest of the following—
(a)the Regulator gives the person a notice under section 177(4) or 178(5) and the amendment or cancellation takes effect under section 177(5) or 178;
(b)the Regulator cancels the suspension;
(c)the end of 56 days after the day the immediate suspension notice is given to the person.
(3)This section applies despite sections 176, 177 and 178.

180Minor amendment of permit for a mass or dimension authority

(1)The Regulator may, by notice given to the holder of a permit for a mass or dimension authority, amend the authority in a minor respect—
(a)for a formal or clerical reason; or
(b)in another way that does not adversely affect the holder’s interests.
(2)The Regulator must give notice of the amendment to the relevant road manager—
(a)if the authority is amended for a formal or clerical reason—within 28 days after the authority is amended; or
(b)if the authority is amended in another way—as soon as practicable, but no later than 7 days, after the authority is amended.

Division 5 Provisions about permits for mass or dimension authorities

181Return of permit

(1)This section applies to a mass or dimension authority granted by giving a person a permit.
(2)If the mass or dimension authority is amended or cancelled, the Regulator may, by notice, require the person to return the person’s permit for the authority to the Regulator.
(3)The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period.

Maximum penalty—$4000.

(4)If the mass or dimension authority has been amended, the Regulator must give the person a replacement permit for the authority as amended.

182Replacement of defaced etc. permit

(1)If a person’s permit for a mass or dimension authority is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit.

Maximum penalty—$4000.

(2)If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.
(3)If the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.

Part 4.9 Other offences

Division 1 Towing restriction

184Towing restriction

(1)A person must not drive a heavy motor vehicle towing more than 1 other vehicle.

Maximum penalty—$3000.

(2)Subsection (1) does not apply to a person driving a heavy vehicle—
(a)under a mass or dimension authority; or
(b)in circumstances prescribed by the national regulations.

Division 2 Coupling requirements

185Requirements about coupling trailers

(1)A person commits an offence if—
(a)the person uses, or permits to be used, on a road a heavy combination; and
(b)a trailer in the combination is not securely coupled to the vehicle in front of it.

Maximum penalty—$6000.

(2)A person commits an offence if—
(a)the person uses, or permits to be used, on a road a heavy combination; and
(b)the components of a coupling used between vehicles in the heavy combination are not compatible with, or properly connected to, each other.

Maximum penalty—$6000.

(3)In this section—
coupling means a device used to couple a vehicle in a combination to the vehicle in front of it.

Division 3 Transport documentation

186False or misleading transport documentation for goods

(1)This section applies if goods are consigned for road transport using a heavy vehicle, or for transport partly by road using a heavy vehicle and partly by some other means.
(2)The consignor of the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading.

Maximum penalty—$10000.

(3)If the goods are Australian-packed goods, the packer of the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading.

Maximum penalty—$10000.

(4)If the goods are overseas-packed goods, the receiver of the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading.

Maximum penalty—$10000.

(5)If the goods are loaded on the heavy vehicle, the loading manager for, or loader of, the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading.

Maximum penalty—$10000.

(8)In a proceeding for an offence against subsection (2), (3), (4) or (5), it is enough for a charge to state that the transport documentation was ‘false or misleading’, without specifying whether it was false or whether it was misleading.
(9)In this section—
Australian-packed goods means goods packed—
(a)in Australia; and
(b)on a pallet or in a package, freight container or other container.
consignment documentation, for goods, means the transport documentation for the consignment of the goods, in so far as the documentation relates to the mass, dimension or loading of any or all of the goods.
overseas-packed goods means goods packed—
(a)outside Australia; and
(b)on a pallet or in a package, freight container or other container.
receiver, of goods in Australia, means a person who, other than the person who merely unloads the goods—
(a)first receives the goods in Australia; or
(b)unpacks the goods after the goods are first unloaded in Australia.

187False or misleading information in container weight declaration

(1)This section applies in relation to a freight container to be transported by road using a heavy vehicle, or partly by road using a heavy vehicle and partly by some other means.
(2)The responsible entity for the freight container must ensure, so far as is reasonably practicable, the container weight declaration for the container that is given to an operator of the heavy vehicle is not false or misleading.

Maximum penalty—$10000.

(3)An operator of the heavy vehicle must ensure, so far as is reasonably practicable, the container weight declaration for the container that is given to the vehicle’s driver is not false or misleading.

Maximum penalty—$10000.

(4)For the purposes of this section, information in a container weight declaration is not false or misleading merely because it overstates the actual weight of the freight container and its contents.
(7)In a proceeding for an offence against subsection (2) or (3), it is enough for a charge to state that information contained in the container weight declaration was ‘false or misleading’, without specifying whether it was false or whether it was misleading.

Division 4 Other offences about container weight declarations

188Application of Div 4

This Division applies to a freight container consigned for road transport using a heavy vehicle, or for transport partly by road using a heavy vehicle and partly by some other means.

189Meaning of complying container weight declaration

A container weight declaration for a freight container is a complying container weight declaration if—
(a)it contains the following additional information—
(i)the number and other particulars of the freight container necessary to identify the container;
(ii)the name and residential address or business address in Australia of the responsible entity for the freight container;
(iii)the date the container weight declaration is made; and
(b)it is written and easily legible.

190Duty of responsible entity

(1)The responsible entity for the freight container must ensure an operator or driver of a heavy vehicle does not transport the freight container by road using the vehicle without a complying container weight declaration for the freight container containing information in the form required under section 192A, unless the responsible entity has a reasonable excuse.

Maximum penalty—$6000.

191Duty of operator

(1)An operator of a heavy vehicle must ensure the vehicle’s driver does not transport the freight container by road using the vehicle without a complying container weight declaration for the freight container containing information in the form required under section 192A.

Maximum penalty—$6000.

(2)If the driver of a heavy vehicle does not have the complying container weight declaration when transporting the freight container by road using the vehicle, an operator of the vehicle is taken to have contravened subsection (1) unless the operator—
(a)proves that the driver was provided with the declaration before the driver started transporting the freight container; or
(b)has a reasonable excuse.
(3)If the freight container is to be transported by another carrier, an operator of a heavy vehicle must, unless the operator has a reasonable excuse, ensure the freight container is not given to the carrier unless the carrier has been provided with—
(a)a complying container weight declaration for the freight container containing information in the form required under section 192A; or
(b)the prescribed particulars contained in a complying container weight declaration for the freight container.

Maximum penalty—$6000.

(6)In this section—
another carrier means another operator of a heavy vehicle or another person who is to transport the freight container other than by road.
prescribed particulars, contained in a complying container weight declaration for a freight container, means—
(a)information about the weight of the freight container and its contents; and
(b)the information mentioned in section 189(a).

192Duty of driver

(1)A person must not drive a heavy vehicle loaded with the freight container on a road without a complying weight declaration for the container, unless the person has a reasonable excuse.

Maximum penalty—$6000.

(2)The driver of a heavy vehicle loaded with the freight container must, unless the driver has a reasonable excuse, when driving the vehicle on a road, keep the complying container weight declaration for the container—
(a)in or about the vehicle; and
(b)in a way that ensures information in the declaration is in the form required under section 192A.

Maximum penalty—$3000.

192AForm of information in container weight declaration

(1)This section applies for the purposes of sections 190(1), 191(1) and (3)(a) and 192(2)(b).
(2)The responsible entity, operator or driver must ensure the information in the container weight declaration is in a form readily available to an authorised officer who seeks to ascertain it while in the presence of the freight container, including, for example, by—
(a)examining documents located in the heavy vehicle on which the freight container is loaded or to be loaded; or
(b)examining documents made available to the authorised officer on an electronic device or otherwise in electronic form.

Division 5 Other offences

193Weight of freight container exceeding weight stated on container or safety approval plate

(1)This section applies if a freight container contains goods consigned for road transport using a heavy vehicle, or for transport partly by road using a heavy vehicle and partly by some other means.
(2)Each consignor or packer of the goods must ensure, so far as is reasonably practicable, the weight of the container does not exceed the maximum gross weight marked on—
(a)the container; or
(b)the container’s safety approval plate.

Maximum penalty—$10000.

(5)In this section—
safety approval plate, for a freight container, means the safety approval plate required to be attached to the container under the International Convention for Safe Containers set out in Schedule 5 of the Navigation Act 1912 of the Commonwealth.

Part 4.10 Other provisions

195Conflicting mass requirements

(1)This section applies if 2 or more conflicting mass requirements apply to a heavy vehicle.
(2)Of the conflicting requirements, the requirement imposing the lower or lowest mass limit applies to the heavy vehicle and the other requirement or requirements must be disregarded to the extent of the conflict.

196Conflicting dimension requirements

(1)This section applies if 2 or more conflicting dimension requirements apply to a heavy vehicle.
(2)Of the conflicting requirements, the requirement imposing the more or most restrictive dimension limit applies to the heavy vehicle and the other requirement or requirements must be disregarded to the extent of the conflict.

197Exemption from compliance with particular requirements in emergency

(1)The Regulator may, orally or in writing, exempt a heavy vehicle, or the driver or operator of a heavy vehicle, from a prescribed requirement if the Regulator is satisfied—
(a)the vehicle is being used, or is intended to be used, in an emergency, including, for example, a fire, explosion or natural disaster—
(i)to protect life or property; or
(ii)to restore communication or the supply of energy or water or services, including, for example, sewage disposal; and
(b)granting the exemption will not create an unreasonable danger to other road users.
(2)An exemption granted under subsection (1) may be subject to conditions the Regulator considers appropriate.
(3)If an exemption is granted orally under subsection (1), the Regulator must, as soon as practicable—
(a)make a written record of the exemption and any conditions to which it is subject; and
(b)give a copy of the written record to an operator of the heavy vehicle to which it relates.
(4)An exemption under this section has effect only while the conditions, if any, to which it is subject are complied with.
(5)The Regulator is to notify the relevant road authority of the grant of an exemption under subsection (1) as soon as practicable after it is granted.
(6)In this section—
prescribed requirement means—
(a)a mass requirement; or
(b)a dimension requirement; or
(c)a requirement under Part 4.5, including, for example, a requirement to comply with a condition of an exemption under that Part; or
(d)a requirement under Part 4.6, including, for example, a requirement to comply with a condition of an authorisation under that Part.
relevant road authority, for an exemption granted under subsection (1), means the road authority for the participating jurisdiction in which the road likely to be travelled under the exemption is situated.

198Recovery of losses arising from non-provision of container weight declaration

(1)This section applies if the driver of a heavy vehicle transporting a freight container by road using the vehicle has not been provided with a container weight declaration for the freight container before starting to transport the freight container.
(2)A person who has incurred a loss as a result of the declaration not being provided (the plaintiff) has a right to recover the loss from the responsible entity for the freight container.
(3)For the purposes of subsection (2), the losses that may be recovered include the following—
(a)loss incurred from delays in the delivery of the freight container, any of its contents or any other goods;
(b)loss incurred from the damage to or spoliation of anything contained in the freight container;
(c)loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle;
(d)costs or expenses incurred for weighing the freight container or any of its contents.
(4)The plaintiff may enforce the plaintiff’s right to recovery under subsection (2) by bringing a proceeding in a court of competent jurisdiction for an order for payment of the monetary value of the loss.

199Recovery of losses for provision of inaccurate container weight declaration

(1)This section applies if—
(a)an operator or driver of a heavy vehicle transporting a freight container by road using the vehicle has been provided with a container weight declaration for the freight container; and
(b)the declaration contains information (the false or misleading information) that is false or misleading because it—
(i)understates the weight of the container; or
(ii)otherwise indicates the weight of the container is lower than its actual weight; and
(c)a contravention of a mass requirement applying to the heavy vehicle occurs as a result of the operator or driver relying on the false or misleading information; and
(d)at the relevant time, the operator or driver either—
(i)had a reasonable belief the vehicle was not in contravention of the mass requirement; or
(ii)did not know, and ought not reasonably to have known, that the minimum weight stated in the declaration was lower than the actual weight of the container.
(2)A person who has incurred a loss as a result of the declaration containing the false or misleading information (the plaintiff) has a right to recover the loss from the responsible entity for the freight container.
(3)For the purposes of subsection (2), the losses that may be recovered include the following—
(a)the amount of a fine or other penalty imposed on the plaintiff for an offence against this Law;
(b)the amount of a fine or other penalty imposed on an employee or agent of the plaintiff for an offence against this Law and reimbursed by the plaintiff;
(c)loss incurred from delays in the delivery of the freight container, any of its contents, or any other goods;
(d)loss incurred from the damage to or spoliation of anything contained in the freight container;
(e)loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle;
(f)costs or expenses incurred for weighing the freight container or any of its contents.
(4)The plaintiff may enforce the plaintiff’s right to recovery under subsection (2) by bringing a proceeding in a court of competent jurisdiction for an order for payment of the monetary value of the loss.

200Recovery by responsible entity of amount paid under s 199

(1)This section applies if, under section 199, a person brings a proceeding (a recovery proceeding) in a court for an order that the responsible entity for a freight container pay the person an amount for loss incurred by the person as a result of the container weight declaration for the freight container containing false or misleading information mentioned in section 199(1)(b).
(2)The responsible entity has a right to recover from a person (the information provider) who provided the responsible entity with all or part of the false or misleading information the part of the amount (the attributable amount) attributable to the information provided by the information provider.
(3)The responsible entity may enforce the entity’s right to recovery under subsection (2) by—
(a)if the recovery proceeding has not been decided— joining the information provider in the proceeding and applying to the court for an order that the information provider pay the attributable amount to the responsible entity if an order is made under section 199(4); or
(b)if the recovery proceeding has been decided—bringing a proceeding in a court of competent jurisdiction for an order that the information provider pay the attributable amount to the responsible entity.

201Assessment of monetary value or attributable amount

(1)The court may assess the monetary value of a loss recoverable under section 198(2) or 199(2), or the attributable amount recoverable under section 200(2), in the way it considers appropriate.
(2)In making the assessment, the court may have regard to the matters it considers appropriate, including any evidence adduced in a proceeding for an offence against this Law.

Chapter 6 Vehicle operations—driver fatigue

Part 6.1 Preliminary

220Main purpose of Ch 6

(1)The main purpose of this Chapter is to provide for the safe management of the fatigue of drivers of fatigue-regulated heavy vehicles while they are driving on a road.
(2)The main purpose is achieved by—
(a)imposing duties on drivers of fatigue-regulated heavy vehicles and particular persons whose activities influence the conduct of drivers of fatigue-regulated heavy vehicles in a way that affects the drivers’ fatigue when driving on a road; and
(b)imposing general duties directed at preventing persons driving fatigue-regulated heavy vehicles on a road while impaired by fatigue; and
(c)imposing additional duties directed at helping drivers of fatigue-regulated heavy vehicles to comply with this Chapter, which are imposed on particular parties in the chain of responsibility; and
(d)providing for the maximum work requirements and minimum rest requirements applying to drivers of fatigue-regulated heavy vehicles; and
(e)providing for recording the work times and rest times of drivers, amongst other things.

221Definitions for Ch 6

In this Chapter—
100km work has the meaning given by section 289(1).
100+km work has the meaning given by section 289(2).
AFM fatigue management system has the meaning given by section 457.
AFM hours has the meaning given by section 257.
approved electronic recording system means an electronic recording system the subject of a current approval under section 343 or a corresponding fatigue law.
approved sleeper berth means—
(a)for a fatigue-regulated heavy vehicle other than a fatigue-regulated bus—a driver’s sleeper berth that complies with ADR 42 and is able to be used by the driver when resting; or
(b)for a fatigue-regulated bus—a driver’s sleeper berth that—
(i)complies with a standard for sleeper berths that is approved by the responsible Ministers under section 654; and
(ii)is able to be used by the driver when resting.
BFM hours has the meaning given by section 253.
cancel, in relation to an unused daily sheet in a written work diary, means cancel by writing ‘cancelled’ in large letters across the sheet.
cause of fatigue means any factor that could cause or contribute to a person being fatigued while driving a fatigue-regulated heavy vehicle on a road (whether or not the cause arises while the person is at work).

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 (body clock)
environmental stress factors, including heat, noise, vibrations
personal health
corresponding fatigue law
1A corresponding fatigue law is a law of a non-participating jurisdiction that provides for the same, or substantially the same, matters as this Chapter.
2A corresponding fatigue law for a provision of this Chapter is a provision of a corresponding fatigue law within the meaning of paragraph 1 that corresponds, or substantially corresponds, to the provision of this Chapter.
3For the purposes of paragraph 1, it is irrelevant whether the law of the non-participating jurisdiction—
(a)is in 1 instrument or 2 or more instruments; or
(b)is part of an instrument; or
(c)is part of an instrument and the whole or part of 1 or more other instruments.
critical risk breach, for a maximum work requirement or minimum rest requirement, has the meaning given by section 222(4).
daily sheet, for a written work diary, has the meaning given by section 338(2)(b).
electronic recording system means a system of recording information electronically.
electronic work diary, in relation to a fatigue-regulated heavy vehicle, means all or part of an approved electronic recording system that is fitted to or used in relation to the vehicle to record information a driver of the vehicle is required by this Law to record in a work diary for the purposes of this Law.
entry, in a work record, means anything written or otherwise recorded in the work record.
exemption hours has the meaning given by section 259.
fatigue has the meaning given by section 223.
impaired by fatigue has the meaning given by section 225.
intelligent access program reporting entity, for an approved intelligent transport system, means a person on whom there is an obligation, imposed by Chapter 7, to report a malfunction of or tampering with the system to the Regulator.
loading manager

Note—

Section 5 contains the definition loading manager. That definition is affected by the definition regular loading or unloading premises, and is used in this Chapter.

As a result of the interaction of the 2 definitions, this Chapter applies to a person as a loading manager only if the premises concerned are premises at or from which an average of at least 5 fatigue-regulated heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.

major rest break means rest time of at least 5 continuous hours.
malfunction, of an electronic work diary or an odometer, means the work diary or odometer
(a)ceases to work at all, or works only intermittently; or
(b)does not perform 1 or more functions required under this Chapter; or
(c)performs the functions mentioned in paragraph (b) only intermittently; or
(d)performs the functions mentioned in paragraph (b) in a way that is inaccurate or unreliable, including intermittently inaccurate or unreliable.

Examples of an electronic work diary malfunctioning—

corruption of data held in the electronic work diary
a software program fault
physical damage that impairs the functioning of the electronic work diary

Example of an odometer malfunctioning—

an odometer that no longer keeps an accurate record of distance travelled
minor risk breach has the meaning given by section 222(1).
night work time means work time between midnight and 6a.m.

Note—

Under sections 248 and 303, the time must be based on the time zone of the driver’s base for drivers on a journey in a different time zone to the driver’s base.
non-participating jurisdiction means a State or Territory that is not a participating jurisdiction.
participating jurisdiction means a State or Territory in which—
(a)this Chapter applies as a law of the State or Territory; or
(b)a law containing provisions that substantially correspond to the provisions of this Chapter is in force.
record keeper has the meaning given by section 317.
record location, of the driver of a fatigue-regulated heavy vehicle, has the meaning given by section 290.
rest, in relation to a fatigue-regulated heavy vehicle, means not work in relation to a fatigue-regulated heavy vehicle.
rest time, for the driver of a fatigue-regulated heavy vehicle, means any time that is not work time for the driver.
severe risk breach has the meaning given by section 222(3).
sign of fatigue means any sign that a person was, is or will be fatigued while driving a fatigue-regulated heavy vehicle on a road (whether the sign manifests itself before, during or after the driver drove the vehicle).

Examples—

lack of alertness
inability to concentrate
reduced ability to recognise or respond to external stimuli
poor judgment or memory
making more mistakes than usual
drowsiness, or falling asleep, at work (including microsleeps)
finding it difficult to keep eyes open
needing more frequent naps than usual
not feeling refreshed after sleep
excessive head-nodding or yawning
blurred vision
mood changes, increased irritability or other changes to the person’s mental health
changes to the person’s health or fitness
solo driver means a driver who is not a party to a two-up driving arrangement.
standard hours has the meaning given by section 249.
stationary rest time means rest time a driver spends—
(a)out of a fatigue-regulated heavy vehicle; or
(b)in an approved sleeper berth of a stationary fatigue-regulated heavy vehicle.
substantial risk breach has the meaning given by section 222(2).
supplementary record means a supplementary record made under section 305.
tamper, with an approved electronic recording system, has the meaning given by section 334.
two-up driving arrangement means an arrangement under which 2 persons share the driving of a fatigue-regulated heavy vehicle that has an approved sleeper berth.
work, in relation to a fatigue-regulated heavy vehicle, means—
(a)drive a fatigue-regulated heavy vehicle; or
(b)instruct another person to drive, or supervise another person driving, a fatigue-regulated heavy vehicle; or
(c)perform another task relating to the use of a fatigue-regulated heavy vehicle, including, for example—
(i)load things onto, or unload things from, the heavy vehicle; and
(ii)inspect, service or repair the heavy vehicle; and
(iii)inspect or attend to a load on the heavy vehicle; and
(iv)if the heavy vehicle is a bus, attend to passengers on the bus; and
(v)clean or refuel the heavy vehicle; and
(vi)perform marketing tasks in relation to the use of the vehicle; and

Examples for the purposes of subparagraph (vi)—

arranging for the transport of goods or passengers by the heavy vehicle
canvassing for orders for the transport of goods or passengers by the heavy vehicle
(vii)help another person to perform, or supervise another person performing, a task mentioned in any of subparagraphs (i) to (vi); and
(viii)record information or complete a document, as required under this Law, a corresponding fatigue law or otherwise, in relation to the use of the vehicle; or
(d)occupy the driver’s seat of a fatigue-regulated heavy vehicle while its engine is running.
work and rest change, for the driver of a fatigue-regulated heavy vehicle, means—
(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 who is a party to a two-up driving arrangement; or
(d)a change from being a driver who is a party to a two-up driving arrangement to being a solo driver.
work and rest hours option has the meaning given by section 243.
work diary, for the driver of a fatigue-regulated heavy vehicle—
(a)generally, means a written work diary or electronic work diary kept by the driver for the purposes of this Law; and
(b)for Subdivision 1 of Division 2 of Part 6.4, see section 292.
work record means—
(a)a written or electronic work diary of the driver of a fatigue-regulated heavy vehicle; or
(b)a supplementary record; or
(c)a record required to be made or kept under (or by a condition under) Division 2, 3, 8 or 8A of Part 6.4; or
(d)a copy of a document, or an entry in a document, mentioned in paragraph (a), (b) or (c).
work time, for the driver of a fatigue-regulated heavy vehicle, means any time the driver spends undertaking work in relation to the vehicle.
written work diary means a written work diary issued to the driver of a fatigue-regulated heavy vehicle by the Regulator under section 340 or a corresponding fatigue law.

222Categories of breaches

(1)A contravention of a maximum work requirement or minimum rest requirement is a minor risk breach if it is declared under the national regulations to be a breach in the minor risk category.
(2)A contravention of a maximum work requirement or minimum rest requirement is a substantial risk breach if it is declared under the national regulations to be a breach in the substantial risk category.
(3)A contravention of a maximum work requirement or minimum rest requirement is a severe risk breach if it is declared under the national regulations to be a breach in the severe risk category.
(4)A contravention of a maximum work requirement or minimum rest requirement is a critical risk breach if it is declared under the national regulations to be a breach in the critical risk category.

Part 6.2 Duties relating to fatigue

Division 1 Preliminary

223What is fatigue

(1)Fatigue includes (but is not limited to)—
(a)feeling sleepy; and
(b)feeling physically or mentally tired, weary or drowsy; and
(c)feeling exhausted or lacking energy; and
(d)behaving in a way consistent with paragraph (a), (b) or (c).
(2)The national regulations may contain provisions supplementing, clarifying or providing examples for any of the provisions of sections 223 to 226.

224Matters court may consider in deciding whether person was fatigued

(1)When deciding whether the driver of a fatigue-regulated heavy vehicle was fatigued, a court may consider the following—
(a)what is commonly understood as being fatigued;
(b)the causes of fatigue;
(c)the signs of fatigue;
(d)any relevant body of fatigue knowledge;
(e)any other matter prescribed by the national regulations.
(2)Subsection (1) does not limit the matters the court may consider when deciding whether a driver was impaired by fatigue.

225What is impaired by fatigue

A driver is impaired by fatigue if the driver’s ability to drive a fatigue-regulated heavy vehicle safely is affected by fatigue.

226Matters court may consider in deciding whether person was impaired by fatigue

(1)When deciding whether the driver of a fatigue-regulated heavy vehicle was impaired by fatigue, a court may consider any of the following—
(a)any relevant cause of fatigue or sign of fatigue that was evident, and the degree to which it may indicate that the driver was impaired by fatigue;
(b)any behaviour exhibited by the driver that may have resulted from the driver being impaired by fatigue;

Examples for the purposes of paragraph (b)—

the circumstances of any incident, crash or near miss
poor driving judgement
inattentive driving such as drifting into other lanes on a road or not changing gears smoothly
(c)the nature and extent of any physical or mental exertion by the driver;
(d)whether the driver was in breach of the driver’s work and rest hours option.
(2)Subsection (1) does not limit the matters the court may consider when deciding whether a driver was impaired by fatigue.
(3)A court may consider the driver to be impaired by fatigue even if the driver has complied with—
(a)the requirements of this Law, including, for example, the maximum work requirements and minimum rest requirements applying to the driver; or
(b)any other law.

Division 2 Duty to avoid fatigue

228Duty of driver to avoid driving while fatigued

(1)A person must not drive a fatigue-regulated heavy vehicle on a road while the person is impaired by fatigue.

Maximum penalty—$6000.

(2)If, in relation to conduct at a particular time in relation to which a driver has been charged with an offence under subsection (1), the driver has been convicted of a prescribed driver offence under another law in relation to—
(a)the same conduct; or
(b)the same kind of conduct occurring during the same journey;

the court must discharge the proceedings against the driver.

(3)If, in relation to conduct at a particular time in relation to which a driver has been charged with an offence under subsection (1), the driver has been convicted of the offence and is also charged with a prescribed driver offence under another law (the other offence) in relation to—
(a)the same conduct; or
(b)the same kind of conduct occurring during the same journey;

the court dealing with the other offence must discharge the proceedings against the driver for the other offence.

(4)In this section—
prescribed driver offence under another law means an offence under another law of any jurisdiction prescribed for this definition by the national regulations or a law of that jurisdiction.

Part 6.3 Requirements relating to work time and rest time

Division 1 Preliminary

243What is a driver’s work and rest hours option

(1)The work and rest hours option of the driver of a fatigue-regulated heavy vehicle is the maximum work requirements and minimum rest requirements applying to the driver under this Law.
(2)The work and rest hours option is—
(a)the standard work and rest arrangements, which—
(i)apply to drivers of fatigue-regulated heavy vehicles operating other than under a BFM accreditation, AFM accreditation or work and rest hours exemption; and
(ii)are known as ‘standard hours’; or
(b)the BFM work and rest arrangements, which—
(i)apply to drivers of fatigue-regulated heavy vehicles operating 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 vehicles operating under an AFM accreditation; and
(ii)are known as ‘AFM hours’; or
(d)the maximum work times and minimum rest times stated in a work and rest hours exemption, which—
(i)apply to drivers of fatigue-regulated heavy vehicles operating under the exemption; and
(ii)are known as ‘exemption hours’.

244Counting time spent in participating jurisdictions

When counting work time or rest time spent by the driver of a fatigue-regulated heavy vehicle for this Part, the work time or rest time spent by the driver in any participating jurisdiction must be counted.

245Counting time spent outside participating jurisdictions

(1)This section applies to the driver of a fatigue-regulated heavy vehicle if the driver drives a fatigue-regulated heavy vehicle into a participating jurisdiction from a non-participating jurisdiction.
(2)If, within the last 7 days, the driver has spent any work time in a participating jurisdiction, any time spent by the driver in the non-participating jurisdiction must be treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.
(3)If, within the last 7 days, the driver spent work time only in non-participating jurisdictions—
(a)any time spent by the driver in the non-participating jurisdiction before the start of the driver’s last major rest break before entering a participating jurisdiction must be disregarded; and
(b)any time spent by the driver in the non-participating jurisdiction after the start of the last major rest break mentioned in paragraph (a) must be—
(i)taken into account; and
(ii)treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.

246Counting periods of less than 15 minutes—written work diaries

(1)This section applies if a driver uses a written work diary.
(2)Work time must be counted in 15 minute periods.
(3)A period of work time of less than 15 minutes counts as 15 minutes work time.

Examples for the purposes of subsection (3)—

1A period of working for 14 minutes counts as 15 minutes work time.
2A period of working for 17 minutes counts as 30 minutes work time.
3A period of working for 53 minutes counts as 1 hour work time.
(4)Rest time must be counted in blocks of time of no less than 15 minutes.
(5)A period of rest time of less than 15 minutes must be disregarded.

Examples for the purposes of subsection (5)—

1A period of not working for only 14 minutes does not count as rest time, because 14 minutes is less than 15 minutes.
2A period of not working for 17 minutes counts as 15 minutes rest time, because 17 minutes is more than 15 minutes, but is less than 2 lots of 15 minutes (30 minutes).

246ACounting periods of less than 15 minutes—electronic work diaries

(1)This section applies if a driver uses an electronic work diary.
(2)Work time and rest time must be counted in 1 minute periods.
(3)A period of work time or rest time of less than 1 minute must not be counted.
(4)A period of rest time of less than 15 minutes does not count towards a minimum rest time.

Examples for the purposes of subsection (4)—

1A period of not working for 10 minutes does not count towards a minimum rest time because 10 minutes is less than 15 minutes.
2A period of not working on 3 separate occasions for 14 minutes, 24 minutes and 22 minutes does not count as 60 minutes rest time because the period of 14 minutes, being less than 15 minutes, is disregarded.

Note—

This section relates to calculating whether a driver has complied with maximum work requirements and minimum rest requirements applying to the driver. It does not matter if the technology used by an electronic work diary counts a period less than 1 minute mentioned in subsections (2) and (3) in the course of arriving at calculations that comply with the subsections.

247Time to be counted after rest time ends

When counting time in a period, the time must not be counted from within rest time, but instead must be counted forward from—
(a)if 1 or more major rest breaks are relevant to the period—the end of a relevant major rest break; or
(b)in any other case—the end of a relevant period of rest time.

Example—

An authorised officer intercepts the driver of a fatigue-regulated heavy vehicle on a Friday and inspects the driver’s work diary. The driver operates under standard hours. The officer examines the work diary entries for the previous Monday. The entries show that the driver completed 7 continuous hours of stationary rest time at 6.30a.m. on that day, started work at that time, worked until 11a.m. that day, had 45 minutes of rest time, worked until 5.00p.m. that day, then had stationary rest time until 4.30a.m. on the following day, Tuesday, and then worked until 6.30a.m. on that day.

In order to determine the total number of hours worked by the driver in a 24 hour period starting on the Monday, then in accordance with section 247(a) the officer must commence counting from the end of the relevant major rest break, which in this case is from 6.30a.m. on the Monday until 6.30a.m. on the Tuesday. Adding up the driver’s work periods - 6.30a.m. to 11a.m., 11.45a.m. to 5.00p.m. and 4.30a.m. to 6.30a.m. - results in a total of 11¾ hours worked in the 24 hour period.

The officer might also decide to assess whether the driver has complied with his or her maximum work and minimum rest requirements for the same 24 hour period.

For instance, in any period of 5½ hours, a driver must not work for more than 5¼ hours and must have at least 15 minutes continuous rest when operating under standard hours. To assess whether the driver has complied with this requirement, then in accordance with section 247(b) the officer must commence counting only from the end of a period of rest - from either 6.30a.m. or 11.45a.m. on the Monday, or from 4.30a.m. on the Tuesday. If the officer commenced counting at the end of the rest time that finished at 11.45a.m., the officer would see that the driver had worked for 5¼ continuous hours before commencing rest.

For the purposes of determining whether on Monday the driver had a minimum of 7 continuous hours stationary rest in a 24 hour period as required under standard hours, the officer must assess the length of the periods of stationary rest time the driver had between the end of the major rest break that finished at 6.30a.m. on the Monday and 6.30a.m. on the Tuesday. The officer sees that between 5.00p.m. on the Monday and 4.30a.m. on the Tuesday the driver had a total of 11½ continuous hours of stationary rest time.

248Time to be counted by reference to time zone of driver’s base

If the driver of a fatigue-regulated heavy vehicle undertakes a journey and is in a different time zone from the time zone of the driver’s base at the time when a period of time is relevant for the purposes of this Law, the period must be counted by reference to the time zone of the driver’s base.

Example—

If, for the driver of a fatigue-regulated heavy vehicle with a base in Queensland, it is necessary to work out the hours of night work time while the driver is in Western Australia on a journey, the hours of night work time are the hours between midnight and 6a.m. in the Queensland time 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.

Division 2 Standard work and rest arrangements

249Standard hours

(1)The national regulations may prescribe the maximum work times and minimum rest times (the standard hours) applying to the driver of a fatigue-regulated heavy vehicle for a period if the driver is not operating under a BFM accreditation, AFM accreditation or work and rest hours exemption.
(2)Without limiting subsection (1), the national regulations may prescribe—
(a)different standard hours for solo drivers, solo drivers of fatigue-regulated buses and drivers who are a party to a two-up driving arrangement; and
(b)that a solo driver of a fatigue-regulated bus may operate under either, but not both, the standard hours for solo drivers or the standard hours for solo drivers of fatigue-regulated buses; and
(c)that a minor risk breach of a maximum work requirement prescribed in the regulations is not to be treated as a minor risk breach.
(3)A minor risk breach prescribed for the purposes of subsection (2)(c) is not a contravention of section 250 or 251.

250Operating under standard hours—solo drivers

(1)The solo driver of a fatigue-regulated heavy vehicle commits an offence if, in any period stated in the standard hours for the driver, the driver—
(a)works for more than the maximum work time stated in the standard hours for the period; or
(b)rests for less than the minimum rest time stated in the standard hours for the period.

Maximum penalty—

(a)for a minor risk breach—$4000; or
(b)for a substantial risk breach—$6000; or
(c)for a severe risk breach—$10000; or
(d)for a critical risk breach—$15000.

251Operating under standard hours—two-up drivers

(1)The driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement commits an offence if, in any period stated in the standard hours for the driver, the driver—
(a)works for more than the maximum work time stated in the standard hours for the period; or
(b)rests for less than the minimum rest time stated in the standard hours for the period.

Maximum penalty—

(a)for a minor risk breach—$4000; or
(b)for a substantial risk breach—$6000; or
(c)for a severe risk breach—$10000; or
(d)for a critical risk breach—$15000.

252Defence relating to short rest breaks for drivers operating under standard hours

(1)This section applies if, at a particular time, the driver of a fatigue-regulated heavy vehicle is required, under section 250 or 251, to have a short rest break.

Examples of when this section applies—

The driver is required to have 15 continuous minutes rest time because—

(a)the driver has worked for 51/4 hours; or
(b)the driver has worked for 71/2 hours and has only had 15 continuous minutes rest time during that period; or
(c)the driver has worked for 10 hours and has only had 3 lots of 15 continuous minutes rest time during that period.
(2)In a proceeding for an offence against section 250 or 251 relating to the driver failing to have the short rest break, it is a defence for the driver to prove that—
(a)at the time the driver was required to have the short rest break, there was no suitable rest place for fatigue-regulated heavy vehicles; and
(b)the driver had the short rest break—
(i)at the next suitable rest place for fatigue-regulated heavy vehicles available after that time on the forward route of the driver’s journey; and
(ii)no later than 45 minutes after the time the driver was required to have the short rest break.

Example of when the defence applies—

The driver of a fatigue-regulated heavy vehicle fails to have a short rest break after 51/4 hours of work time because there was no suitable rest place for fatigue-regulated heavy vehicles when the driver was scheduled to have the short rest break. Instead, the driver has a short rest break after 51/2 hours work at a suitable rest place for fatigue-regulated heavy vehicles down the road.
(3)In this section—
short rest break means rest time of less than 1 hour.

Division 3 BFM work and rest arrangements

253BFM hours

(1)The national regulations may prescribe the maximum work times and minimum rest times applying to the driver of a fatigue-regulated heavy vehicle for a period if the driver is operating under a BFM accreditation (the BFM hours).
(2)Without limiting subsection (1), the national regulations may prescribe—
(a)different BFM hours for solo drivers and drivers who are a party to a two-up driving arrangement; and
(b)that a minor risk breach of a maximum work requirement prescribed in the regulations is not to be treated as a minor risk breach.
(3)A minor risk breach prescribed for the purposes of subsection (2)(b) is not a contravention of section 254 or 256.

254Operating under BFM hours—solo drivers

(1)The solo driver of a fatigue-regulated heavy vehicle commits an offence if, in any period stated in the BFM hours for the driver, the driver—
(a)works for more than the maximum work time stated in the BFM hours for the period; or
(b)rests for less than the minimum rest time stated in the BFM hours for the period.

Maximum penalty—

(a)for a minor risk breach—$4000; or
(b)for a substantial risk breach—$6000; or
(c)for a severe risk breach—$10000; or
(d)for a critical risk breach—$15000.

255Defence for solo drivers operating under BFM hours relating to split rest breaks

(1)This section applies if, at a particular time, the driver of a fatigue-regulated heavy vehicle is required under section 254 to have 7 continuous hours of stationary rest time in a period of 24 hours.
(2)In a proceeding for an offence against section 254 for a solo driver of a fatigue-regulated heavy vehicle relating to the driver failing to have the 7 continuous hours of stationary rest time, it is a defence for the driver to prove that—
(a)at the time the driver was required to have the 7 continuous hours of stationary rest time, the driver was operating under BFM hours as a solo driver of a fatigue-regulated heavy vehicle; and
(b)during the period of 24 hours for which the 7 continuous hours of stationary rest time was required to be had, the driver had 6 continuous hours of stationary rest time and 2 continuous hours of stationary rest time (a split rest break); and
(c)the driver had not had a split rest break in the previous 24-hour period.

Example of when the defence applies—

The driver of a fatigue-regulated heavy vehicle stops work to have 7 continuous hours of stationary rest time, but can not sleep, so the driver has only 2 continuous hours of stationary rest time and then drives on for a further 2 hours and has a further 6 continuous hours of stationary rest time at another place down the road. In the previous 24-hour period the driver had 7 continuous hours of stationary rest time.

256Operating under BFM hours—two-up drivers

(1)The driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement commits an offence if, in any period stated in the BFM hours for the driver, the driver—
(a)works for more than the maximum work time stated in the BFM hours for the period; or
(b)rests for less than the minimum rest time stated in the BFM hours for the period.

Maximum penalty—

(a)for a minor risk breach—$4000; or
(b)for a substantial risk breach—$6000; or
(c)for a severe risk breach—$10000; or
(d)for a critical risk breach—$15000.

Division 4 AFM work and rest arrangements

257AFM hours

AFM hours are the maximum work times and minimum rest times applying, for a period, to the driver of a fatigue-regulated heavy vehicle operating under an AFM accreditation, and stated in the accreditation certificate for the accreditation.

258Operating under AFM hours

(1)The driver of a fatigue-regulated heavy vehicle commits an offence if, in any period stated in the AFM hours for the driver, the driver—
(a)works for more than the maximum work time stated in the AFM hours; or
(b)rests for less than the minimum rest time stated in the AFM hours.

Maximum penalty—

(a)for a minor risk breach—$4000; or
(b)for a substantial risk breach—$6000; or
(c)for a severe risk breach—$10000; or
(d)for a critical risk breach—$15000.

Division 5 Arrangements under work and rest hours exemption

259Exemption hours

(1)Exemption hours are the maximum work times and minimum rest times applying, for a period, to the driver of a fatigue-regulated heavy vehicle operating under a work and rest hours exemption, and stated in the relevant document for the exemption.
(2)In this section—
relevant document means—
(a)for a work and rest hours exemption (notice)—the Commonwealth Gazette notice for the exemption; or
(b)for a work and rest hours exemption (permit)—the permit for the exemption.

260Operating under exemption hours

(1)The driver of a fatigue-regulated heavy vehicle operating under a work and rest hours exemption commits an offence if, in any period stated in the exemption hours for the exemption, the driver—
(a)works for more than the maximum work time stated in the exemption hours; or
(b)rests for less than the minimum rest time stated in the exemption hours.

Maximum penalty—

(a)for a minor risk breach—$4000; or
(b)for a substantial risk breach—$6000; or
(c)for a severe risk breach—$10000; or
(d)for a critical risk breach—$15000.

Division 7 Changing work and rest hours option

262Changing work and rest hours option

(1)The driver of a fatigue-regulated heavy vehicle may operate under only 1 work and rest hours option at any 1 time.
(2)However, the driver of a fatigue-regulated heavy vehicle may change from 1 work and rest hours option to a different work and rest hours option.

263Operating under new work and rest hours option after change

(1)The driver of a fatigue-regulated heavy vehicle must not drive the vehicle after changing from 1 work and rest hours option to a different work and rest hours option unless—
(a)if the change is from standard hours or BFM hours, either the driver—
(i)is in compliance with all the maximum work requirements and minimum rest requirements under the work and rest hours option to which the driver has changed; or
(ii)has had a reset rest break; and

Examples for the purposes of paragraph (a)—

1If the driver of a fatigue-regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have a longer rest time than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the longer rest time or a reset rest break.
2If the driver of a fatigue-regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have rest time earlier than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the earlier rest time or a reset rest break.
(b)if the change is from AFM hours or exemption hours, the driver has had a reset rest break; and
(c)the driver complies with all other requirements of the work and rest hours option to which the driver has changed.

Example of other requirements for the purposes of paragraph (c)—

If the driver is changing to BFM hours or AFM hours, the driver must be inducted into the relevant operator’s BFM or AFM fatigue management system.

Maximum penalty—$4000.

(2)If the driver of a fatigue-regulated heavy vehicle has had a reset rest break between changing from 1 work and rest hours option to a different work and rest hours option, the period to which the new work and rest hours option applies must be counted forward from the end of the reset rest break.
(5)In this section—
reset rest break means a period of rest time of at least 48 continuous hours.

264Duty of employer, prime contractor, operator and scheduler to ensure driver compliance

(1)This section applies if the driver of a fatigue-regulated heavy vehicle changes from 1 work and rest hours option to a different work and rest hours option.
(2)A relevant party for the driver must ensure, so far as is reasonably practicable, the driver—
(a)does not drive a fatigue-regulated heavy vehicle after making the change unless the driver has complied with section 263; and
(b)can comply with his or her obligations in relation to the change.

Maximum penalty—$6000.

(5)In this section—
relevant party, for the driver of a fatigue-regulated heavy vehicle, means—
(a)an employer of the driver if the driver is an employed driver; or
(b)a prime contractor of the driver if the driver is a self-employed driver; or
(c)an operator of the vehicle if the driver is making a journey for the operator; or
(d)a scheduler for the vehicle.

Division 8 Exemptions relating to work times and rest times

Subdivision 1 Exemption for emergency services

265Emergency services exemption

(1)A person who is acting for an emergency service and who has time-critical duties on the way to, or during, an emergency is exempted in the course of carrying out the duties from compliance with this Part.
(2)A person who is acting for an emergency service and who is returning from attending an emergency is exempted from compliance with this Part if the person reasonably believes the noncompliance does not present an unreasonable danger to other road users.
(3)A person who is acting for an emergency service is exempted from compliance with this Part under subsection (1) or (2) only if, at the relevant time, the person complies with any guidelines regarding the management of fatigue issued by or on behalf of the emergency service or an authority responsible for oversight of the emergency service.
(4)In this section—
emergency means an event, or an anticipated event, that—
(a)endangers, or may endanger, life, property or the environment; or
(b)has disrupted, or may disrupt, communications, energy supply, water supply or sewerage services; or
(c)is declared to be an emergency or disaster by—
(i)the Commonwealth or a State or Territory; or
(ii)a Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters.

Examples of an emergency—

fire, explosion or natural disaster
emergency service means an entity that has a statutory responsibility to respond to an emergency and includes the following—
(a)an ambulance service;
(b)a fire brigade, including a volunteer fire brigade;
(c)a police force or police service;
(d)a disaster or emergency organisation of the Commonwealth or a State or Territory.

Subdivision 2 Exemptions by Commonwealth Gazette notice

266Regulator’s power to exempt class of drivers from particular maximum work requirements and minimum rest requirements

(1)The Regulator may, by Commonwealth Gazette notice complying with section 270, grant an exemption to allow, for a period of not more than 3 years, a class of drivers of fatigue-regulated heavy vehicles to operate under the maximum work times and minimum rest times stated in the exemption.
(2)An exemption under subsection (1) is a work and rest hours exemption (notice).

267Restriction on grant of work and rest hours exemption (notice)

(1)The Regulator may grant a work and rest hours exemption (notice) only if the Regulator is satisfied—
(a)requiring the class of drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by—
(i)the class of drivers; or
(ii)relevant parties for the class of drivers; and
(b)if the maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—the requirements applying to BFM accreditation or AFM accreditation under this Law would, having regard to the nature of the operations, be unreasonable for the operations conducted by—
(i)the class of drivers; or
(ii)relevant parties for the class of drivers; and
(c)the driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and
(d)the class of drivers to whom the exemption is to apply is likely to follow the practices consistently and effectively.
(2)In deciding whether or not to grant a work and rest hours exemption (notice), the Regulator must have regard to the approved guidelines for granting work and rest hours exemptions.
(3)In this section—
relevant parties, for a class of drivers of fatigue-regulated heavy vehicles, means—
(a)employers of the class of drivers if they are employed drivers; or
(b)prime contractors for the class of drivers if they are self-employed drivers; or
(c)operators of fatigue-regulated heavy vehicles if the drivers of the class are to make journeys for the operators using the vehicles.

268Conditions of work and rest hours exemption (notice)

A work and rest hours exemption (notice) may be subject to any conditions the Regulator considers appropriate, including, for example—
(a)conditions about driver fatigue management practices that are to apply to drivers operating under the exemption; and
(b)conditions about keeping records relating to the driver fatigue management practices; and
(c)a condition that the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep in the driver’s possession a copy of—
(i)the Commonwealth Gazette notice for the exemption; or
(ii)an information sheet about the exemption published by the Regulator on the Regulator’s website.

269Period for which work and rest hours exemption (notice) applies

A work and rest hours exemption (notice)—
(a)takes effect—
(i)when the Commonwealth Gazette notice for the exemption is published; or
(ii)if a later time is stated in the Commonwealth Gazette notice, at the later time; and
(b)applies for the period stated in the Commonwealth Gazette notice.

270Requirements about Commonwealth Gazette notice

(1)A Commonwealth Gazette notice for a work and rest hours exemption (notice) must state the following—
(a)the class of drivers of fatigue-regulated heavy vehicles to which the exemption applies;
(b)the maximum work times and minimum rest times that are to apply to drivers operating under the exemption;
(c)the other conditions of the exemption;
(d)the period for which the exemption applies.
(2)The Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.

271Amendment or cancellation of work and rest hours exemption (notice)

(1)Each of the following is a ground for amending or cancelling a work and rest hours exemption (notice)—
(a)since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions;
(b)the use of fatigue-regulated heavy vehicles under the exemption has caused, or is likely to cause, a significant risk to public safety.
(2)If the Regulator considers a ground exists to amend or cancel a work and rest hours exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5).
(3)The Regulator must publish a public notice—
(a)stating that the Regulator believes a ground mentioned in subsection (1)(a) or (b) for amending or cancelling the exemption exists; and
(b)outlining the facts and circumstances forming the basis for the belief; and
(c)stating the action the Regulator is proposing to take under this section (the proposed action); and
(d)inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.
(4)If, after considering all written representations made under subsection (3)(d), the Regulator still considers a ground exists to take the proposed action, the Regulator may—
(a)if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or
(b)if the proposed action was to cancel the exemption—
(i)amend the exemption, including, for example, by imposing additional conditions on the exemption; or
(ii)cancel the exemption.
(5)The Regulator must publish a public notice of the amendment or cancellation.
(6)The amendment or cancellation takes effect—
(a)28 days after the Commonwealth Gazette notice is published under subsection (5); or
(b)if a later time is stated in the Commonwealth Gazette notice, at the later time.

272Immediate suspension

(1)This section applies if the Regulator considers—
(a)a ground exists to cancel a work and rest hours exemption (notice); and
(b)it is necessary to suspend the exemption immediately to prevent or minimise serious harm to public safety.
(2)The Regulator may, by public notice, immediately suspend the exemption until the earliest of the following—
(a) the end of 56 days after the day the public notice is published;
(b)the Regulator publishes a notice under section 271(5) and the amendment or cancellation takes effect under section 271(6);
(c)the Regulator cancels the suspension by public notice.
(4)The suspension, or (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3).
(5)This section applies despite section 271.

Subdivision 3 Exemptions by permit

273Regulator’s power to exempt drivers from particular maximum work requirements and minimum rest requirements

(1)The Regulator may, by giving a person a permit as mentioned in section 278, grant an exemption to allow, for a period of not more than 3 years, a driver of a fatigue-regulated heavy vehicle, or a class of drivers of fatigue-regulated heavy vehicles, to operate under the maximum work times and minimum rest times stated in the exemption.
(2)An exemption under subsection (1) is a work and rest hours exemption (permit).
(3)The Regulator may grant a work and rest hours exemption (permit) to the operator of a fatigue-regulated heavy vehicle in combination with the operator’s BFM accreditation or AFM accreditation.
(4)The Regulator may grant a work and rest hours exemption (permit)—
(a)in a way that does not cover all the drivers sought by the applicant; or
(b)setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant.

274Application for work and rest hours exemption (permit)

(1)Any of the following persons may apply to the Regulator for a work and rest hours exemption (permit)—
(a)an employer of a driver of a fatigue-regulated heavy vehicle;
(b)a prime contractor for a driver of a fatigue-regulated heavy vehicle;
(c)an operator of a fatigue-regulated heavy vehicle;
(d)a self-employed driver of a fatigue-regulated heavy vehicle.
(2)The application must—
(a)be in the approved form; and
(b)state the following—
(i)the period for which the exemption is sought;
(ii)any conditions to which the exemption is sought to be subject;
(iii)the name of the driver of a fatigue-regulated heavy vehicle to whom the exemption is sought to apply, or details of the class of drivers of fatigue-regulated heavy vehicles to whom the exemption is sought to apply;
(iv)the proposed maximum work times and minimum rest times that would be followed by drivers operating under the exemption;
(v)if the proposed maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—
(A)the driver fatigue management practices that would be followed by the applicant and drivers operating under the exemption; and
(B)how the practices would safely manage fatigue risks; and
(C)how the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and
(c)be accompanied by the prescribed fee for the application.
(3)The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.

275Restriction on grant of work and rest hours exemption (permit)

(1)The Regulator may grant a work and rest hours exemption (permit) only if the Regulator is satisfied—
(a)requiring the drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by the applicant; and
(b)if the maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and
(c)the driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and
(d)the drivers to whom the exemption is to apply are likely to follow the practices consistently and effectively.
(2)In deciding whether or not to grant a work and rest hours exemption (permit), the Regulator must have regard to the approved guidelines for granting work and rest hours exemptions.

276Conditions of work and rest hours exemption (permit)

(1)If the Regulator grants a work and rest hours exemption (permit) to the operator of a fatigue-regulated heavy vehicle in combination with the operator’s BFM accreditation or AFM accreditation, it is a condition of the exemption that the operator must comply with all the conditions of the operator’s BFM accreditation or AFM accreditation.
(2)A work and rest hours exemption (permit) may be subject to any other conditions the Regulator considers appropriate, including, for example, conditions about—
(a)driver fatigue management practices that are to apply to drivers operating under the exemption; and
(b)keeping records relating to the driver fatigue management practices.

277Period for which work and rest hours exemption (permit) applies

(1)A work and rest hours exemption (permit) applies for the period stated in the permit for the exemption.
(2)The period may be less than the period sought by the applicant for the work and rest hours exemption (permit).

278Permit for work and rest hours exemption (permit) etc.

(1)If the Regulator grants a work and rest hours exemption (permit) to a person, the Regulator must give the person—
(a)a permit for the exemption; and
(b)if prescribed circumstances apply to the grant of the exemption—an information notice for the prescribed circumstances.
(2)A permit for a work and rest hours exemption (permit) must state the following—
(a)the name of the person to whom the permit is given;
(b)the driver of a fatigue-regulated heavy vehicle, or class of drivers of fatigue-regulated heavy vehicles, to which the exemption applies;
(c)the maximum work times and minimum rest times that apply to drivers operating under the exemption;
(d)the conditions of the exemption, including, if applicable, the condition mentioned in section 276(1);
(e)the period for which the exemption applies.
(3)In this section—
prescribed circumstances, for a work and rest hours exemption (permit), means the Regulator has—
(a)imposed conditions on the exemption under section 276(2); or
(b)granted the exemption in a way that does not cover all the drivers sought by the applicant for the exemption; or
(c)granted the exemption setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant for the exemption; or
(d)granted the exemption for a period less than the period of not more than 3 years sought by the applicant for the exemption.

279Refusal of application for work and rest hours exemption (permit)

If the Regulator refuses an application for a work and rest hours exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.

280Amendment or cancellation of work and rest hours exemption (permit) on application by permit holder

(1)The holder of a permit for a work and rest hours exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.
(2)The application must—
(a)be in the approved form; and
(b)be accompanied by the prescribed fee for the application; and
(c)if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and
(d)be accompanied by the permit.
(3)The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.
(4)The Regulator must decide the application as soon as practicable after receiving it.
(5)If the Regulator decides to grant the application—
(a)the Regulator must give the applicant notice of the decision; and
(b)the amendment or cancellation takes effect—
(i)when notice of the decision is given to the applicant; or
(ii)if a later time is stated in the notice, at the later time; and
(c)if the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.
(6)If the Regulator decides not to amend or cancel the exemption as sought by the applicant, the Regulator must—
(a)give the applicant an information notice for the decision; and
(b)return the permit for the exemption to the applicant.

281Amendment or cancellation of work and rest hours exemption (permit) on Regulator’s initiative

(1)Each of the following is a ground for amending or cancelling a work and rest hours exemption (permit)—
(a)the exemption was granted because of a document or representation that was—
(i)false or misleading; or
(ii)obtained or made in an improper way;
(b)the holder of the permit for the exemption has contravened this Law or a corresponding fatigue law;
(c)a driver of a fatigue-regulated heavy vehicle to whom the exemption applies has contravened this Law or a corresponding fatigue law;
(d)since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.
(2)If the Regulator considers a ground exists to amend or cancel a work and rest hours exemption (permit) (the proposed action), the Regulator must give the holder of the permit for the exemption a notice—
(a)stating the proposed action; and
(b)stating the ground for the proposed action; and
(c)outlining the facts and circumstances forming the basis for the ground; and
(d)if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and
(e)inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.
(3)If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may—
(a)if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or
(b)if the proposed action was to cancel the exemption—
(i)amend the exemption, including, for example, by imposing additional conditions on the exemption; or
(ii)cancel the exemption.
(4)The Regulator must give the holder an information notice for the decision.
(5)The amendment or cancellation takes effect—
(a)when the information notice is given to the holder; or
(b)if a later time is stated in the information notice, at the later time.

282Immediate suspension of work and rest hours exemption (permit)

(1)This section applies if the Regulator considers—
(a)a ground exists to cancel a work and rest hours exemption (permit); and
(b)it is necessary to suspend the exemption immediately to prevent or minimise serious harm to public safety.
(2)The Regulator may, by notice (immediate suspension notice) given to the person to whom the permit for the exemption was given, immediately suspend the exemption until the earliest of the following—
(a)the Regulator gives the holder a notice under section 281(4) and the amendment or cancellation takes effect under section 281(5);
(b)the Regulator cancels the suspension;
(c)the end of 56 days after the day the immediate suspension notice is given to the holder.
(3)This section applies despite sections 280 and 281.

283Minor amendment of work and rest hours exemption (permit)

The Regulator may, by notice given to the holder of a permit for a work and rest hours exemption (permit), amend the exemption in a minor respect—
(a)for a formal or clerical reason; or
(b)in another way that does not adversely affect the holder’s interests.

284Return of permit

(1)If a person’s work and rest hours exemption (permit) is amended or cancelled, the Regulator may, by notice given to the person, require the person to return the person’s permit for the exemption to the Regulator.
(2)The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period.

Maximum penalty—$6000.

(3)If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.

285Replacement of defaced etc. permit

(1)If a person’s permit for a work and rest hours exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit.

Maximum penalty—$4000.

(2)If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.
(3)If the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.

Subdivision 4 Offences relating to operating under work and rest hours exemption etc.

286Contravening condition of work and rest hours exemption

(1)A person must not contravene a condition of a work and rest hours exemption.

Maximum penalty—$6000.

(2)In this section—
condition, of a work and rest hours exemption, does not include—
(a)a condition mentioned in section 287(1); or
(b)anything stating the exemption hours for the exemption.

287Keeping relevant document while operating under work and rest hours exemption (notice)

(1)This section applies if a work and rest hours exemption (notice) is subject to the condition that the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep a relevant document in the driver’s possession.
(2)A driver of the fatigue-regulated heavy vehicle who is operating under the work and rest hours exemption (notice) must comply with the condition.

Maximum penalty—$3000.

(3)Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(7)In this section—
relevant document, for a work and rest hours exemption (notice), means a copy of—
(a)the Commonwealth Gazette notice for the exemption; or
(b)an information sheet about the exemption published by the Regulator on the Regulator’s website.
relevant party, for the driver of a fatigue-regulated heavy vehicle, means—
(a)an employer of the driver if the driver is an employed driver; or
(b)a prime contractor of the driver if the driver is a self-employed driver; or
(c)an operator of the vehicle if the driver is making a journey for the operator.

288Keeping copy of permit while driving under work and rest hours exemption (permit)

(1)The driver of a fatigue-regulated heavy vehicle who is driving the vehicle under a work and rest hours exemption (permit) must keep a copy of the permit for the exemption in the driver’s possession.

Maximum penalty—$3000.

(2)If the driver of a fatigue-regulated heavy vehicle is operating under a work and rest hours exemption (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1), the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver—
(a)stops working for the relevant party; or
(b)stops operating under the relevant party’s exemption; or
(c)no longer meets the requirements relating to drivers under the relevant party’s exemption.

Maximum penalty—$4000.

(3)Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(7)In this section—
relevant party, for the driver of a fatigue-regulated heavy vehicle, means—
(a)an employer of the driver if the driver is an employed driver; or
(b)a prime contractor of the driver if the driver is a self-employed driver; or
(c)an operator of the vehicle if the driver is making a journey for the operator.

Part 6.4 Requirements about record keeping

Division 1 Preliminary

289What is 100km work and 100+km work

(1)The driver of a fatigue-regulated heavy vehicle is undertaking 100km work if the driver is driving in an area with a radius of 100km or less from the driver’s base.
(2)The driver of a fatigue-regulated heavy vehicle is undertaking 100+km work if the driver is driving in an area with a radius of more than 100km from the driver’s base.
(3)To remove any doubt, it is declared that the driver of a fatigue-regulated heavy vehicle to whom subsection (2) applies—
(a)is taken to be undertaking 100+km work even while the driver is driving in an area within a radius of 100km or less from the driver’s base; and
(b)if the driver is required to record information in a work diary under this Part, must record particulars of the journey in the driver’s work diary from the beginning of the journey.

290What is a driver’s record location

The record location of the driver of a fatigue-regulated heavy vehicle is—
(a)if the driver’s record keeper has advised the driver of the place that is the driver’s record location—the place advised; or
(b)otherwise—the driver’s base.

Division 2 Work diary requirements

Subdivision 1 Requirement to carry work diary

291Application of Sdiv 1

This Subdivision applies if the driver of a fatigue-regulated heavy vehicle—
(a)is undertaking 100+km work under standard hours; or
(b)was undertaking 100+km work under standard hours in the last 28 days; or
(c)is working under BFM hours, AFM hours or exemption hours; or
(d)was working under BFM hours, AFM hours or exemption hours in the last 28 days.

292Meaning of work diary for Sdiv 1

(1)In this Subdivision, a reference to a work diary in relation to the driver of a fatigue-regulated heavy vehicle is a reference to the following—
(a)if the driver has used only 1 or more written work diaries 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 used during the last 28 days;
(b)if the driver has used only 1 or more electronic work diaries in the last 28 days—information in each electronic work diary relating to any period during the last 28 days;
(c)if the driver has used a combination of 1 or more written work diaries and 1 or more electronic work diaries in the last 28 days—
(i)each of the written work diaries the driver is using or has used during the last 28 days; and
(ii)the information in each of the electronic work diaries the driver is using or has used during the last 28 days that relates to any period during the last 28 days.
(2)If the driver has made a supplementary record in the last 28 days, for this Subdivision, the supplementary record is taken to be part of the driver’s work diary.

Note—

Section 305(4) provides in effect that a driver can no longer use a supplementary record if the driver is issued with a new work diary, the driver’s existing electronic work diary is made capable of recording new information or is brought back into working order, or 7 business days have expired (whichever first happens).

293Driver of fatigue-regulated heavy vehicle must carry work diary

(1)The driver of a fatigue-regulated heavy vehicle must—
(a)keep a work diary; and
(b)ensure—
(i)the driver’s work diary records the information required to be recorded under Subdivision 2 for each day in the previous 28 days; and
(ii)the driver’s work diary is in the driver’s possession while the driver is driving the vehicle.

Maximum penalty—$6000.

Notes—

1For the requirement to record particular information in a supplementary record if the work diary of the driver of a fatigue-regulated heavy vehicle is filled up, destroyed, lost, stolen or, for an electronic diary, is malfunctioning, see section 305.
2Under section 568, an authorised officer may require the driver of a fatigue-regulated heavy vehicle to produce for inspection the driver’s work diary.
(2)Subsection (1) applies irrespective of the number of days in the previous 28 days the driver spent working in relation to a fatigue-regulated heavy vehicle.
(3)In a proceeding for an offence against subsection (1) relating to the driver failing to keep a work diary containing particular information, it is a defence for the driver to prove that—
(a)the information was recorded in a work diary that, at the time of the offence, has been destroyed (other than by the driver) or 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 the electronic work diary before the information was given to the driver’s record keeper or recorded in any other way.

Subdivision 2 Information required to be included in work diary

294Purpose of and definition for Sdiv 2

(1)This Subdivision provides for the information the driver of a fatigue-regulated heavy vehicle must record in the driver’s work diary for each day on which the driver—
(a)undertakes 100+km work under standard hours; or
(b)works under BFM hours, AFM hours or exemption hours.
(2)In this Subdivision—
required information means information required by the national regulations under section 295 to be recorded in the driver’s work diary.

295National regulations for information to be included in work diary

(1)The national regulations may provide for—
(a)the information that is to be recorded in the driver’s work diary; and
(b)the manner in which information is to be recorded in the driver’s work diary; and
(c)any other matter relating to information that is to be recorded in the driver’s work diary.
(2)Without limiting subsection (1), the national regulations may provide—
(a)for information to be recorded on a daily basis (including each period of work time and rest time the driver has on a day) or on some other stated basis; and
(b)for information to be recorded immediately before or after a period of work time or rest time; and
(c)for information to be recorded when finishing work for a day; and
(d)for information to be recorded when there is a change of the driver’s base; and
(e)for information to be recorded when there is a change of the driver’s record location; and
(f)for information to be recorded regarding the parties to a two-up driving arrangement.
(3)Without limiting subsections (1) and (2), the national regulations may provide that, if the driver stops working on a day and starts a major rest break that will continue until the end of the day, the driver may stop recording information for the day when the driver stops working and starts the major rest break.

296Recording information under the national regulations—general

(1)The driver must record the required information in the driver’s work diary in the manner and at the time prescribed by the national regulations.

Maximum penalty—$1500.

(2)Subsection (1) does not apply to information to which section 297 applies.

297Information required to be recorded immediately after starting work

(1)This section applies to required information that the national regulations specify for the purposes of this section as required to be recorded immediately after the driver starts work on a day.
(2)The driver must record the required information to which this section applies immediately after starting work on a day.

Maximum penalty—$6000.

(3)In a proceeding for an offence against subsection (2) in relation to the failure of the driver to record information immediately after starting to undertake 100+km work under standard hours on a day, it is a defence for the driver to prove that at the time of the offence—
(a)the driver was unaware that the driver would be undertaking 100+km work under standard hours on the day; and
(b)the driver recorded the information in the driver’s work diary as soon as practicable after becoming aware that the driver would be undertaking 100+km work under standard hours on the day.

298Failing to record information about odometer reading

(1)The driver of a fatigue-regulated heavy vehicle must record the odometer reading in the manner prescribed by the national regulations if and when required to do so by the national regulations.

Maximum penalty—$1500.

(2)In a proceeding for the offence against subsection (1), it is a defence for the driver to prove that—
(a)at the time of the offence, the odometer was malfunctioning; and
(b)the driver has complied with section 397.

299Two-up driver to provide details

If the driver is a party to a two-up driving arrangement, the driver must, at the request of the other driver (the other driver) who is a party to the arrangement, provide the other driver with the details relating to the arrangement that are prescribed by the national regulations for the purposes of this section.

Maximum penalty—$3000.

Subdivision 3 How information must be recorded in work diary

300Purpose of Sdiv 3

This Subdivision states how the driver of a fatigue-regulated heavy vehicle who is required to record information in the driver’s work diary under Subdivision 2 must record the information.

301Recording information in written work diary

If the driver’s work diary is a written work diary, the driver must record information in the work diary in the following way—
(a)the information for each day must be written on a separate daily sheet in the work diary that has not been cancelled by the Regulator;
(b)if, on a day, the driver changes the work and rest hours option under which the driver is working, the information for the part of the day after the change must be written on a separate daily sheet in the work diary that has not been cancelled by the Regulator;
(c)information must be written on a daily sheet in the way stated in the instructions in the work diary for recording information on daily sheets;
(d)the daily sheets in the work diary must be used in turn from the front of the work diary;
(e)each daily sheet must be—
(i)signed and dated by the driver; and
(ii)if the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement;
(f)information must be written on a daily sheet with enough pressure to ensure a readable record of the information appears on the duplicate daily sheets;
(g)information recorded other than on a daily sheet must be written in the work diary in the way stated in the instructions in the work diary for the recording of the information.

Maximum penalty—$1500.

302Recording information in electronic work diary

If the driver’s work diary is an electronic work diary, the driver must record information in the work diary in a way complying with—
(a)if the Regulator has, when approving the electronic recording system constituting the work diary, or of which the work diary is a part, imposed any conditions in relation to the way information must be recorded in the work diary—those conditions; and
(b)the manufacturer’s instructions, if any, for recording information in the electronic work diary, to the extent the instructions are consistent with the conditions mentioned in paragraph (a).

Maximum penalty—$1500.

Note—

The Regulator may impose conditions on the use of an electronic recording system under section 343.

303Time zone of driver’s base must be used

The driver must record time in the driver’s work diary according to the time zone in the place where the driver’s base is, rather than the time zone in the place where the driver is.

Maximum penalty—$1500.

Note—

See also section 248, which requires that time periods be counted by reference to the time zone of a driver’s base when the driver’s journey involves travelling into a different time zone.

Subdivision 4 Requirements about work diaries that are filled up etc.

304Application of Sdiv 4

This Subdivision applies to the driver of a fatigue-regulated heavy vehicle who is required to record information in the driver’s work diary under Subdivision 2 if—
(a)for a driver who uses a written work diary—the driver’s work diary has been filled up, destroyed, lost or stolen; or
(b)for a driver who uses an electronic work diary—the driver’s work diary—
(i)has been filled up, destroyed, lost or stolen; or
(ii)is not in working order because a part of the diary has been destroyed, lost or stolen; or
(iii)is malfunctioning or has malfunctioned.

305Driver must make supplementary records in particular circumstances

(1)During any period in which the driver of a fatigue-regulated heavy vehicle is unable to use the driver’s work diary (the existing work diary) because of circumstances mentioned in section 304(a) or (b), the driver must record in a supplementary record the information the driver is required under Subdivision 2 to record for the period (the required information).

Maximum penalty—$6000.

Note—

Under Subdivision 1, the driver of a fatigue-regulated heavy vehicle must keep a supplementary record for 28 days after it is made as part of the driver’s work diary. See sections 292(2) and 293.

Also, under section 341, the driver’s record keeper must keep the supplementary record for at least 3 years after it is made (if the record keeper is the driver) or received by the record keeper (if the record keeper is not the driver). However, the period can be less than 3 years if a condition of an exemption states a record must be kept for a period of less than 3 years.

(2)For a supplementary record that is not in electronic form, the required information must be recorded in the record as follows—
(a)the information for each day must be written on a separate page of the record;
(b)if, on a day, the driver changes the work and rest hours option under which the driver is working, the information for the part of the day after the change must be written on a separate page of the record;
(c)each page of the record must be—
(i)signed and dated by the driver; and
(ii)if the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement.

Maximum penalty—$3000.

(3)The driver must record time in the supplementary record according to the time zone in the place where the driver’s base is, rather than the time zone in the place where the driver is.

Maximum penalty—$1500.

(4)Subsections (1) to (3) cease to apply—
(a)if the existing work diary is a written work diary, when the first of the following happens—
(i)the driver is issued a new written work diary, or obtains an electronic work diary that is in working order;
(ii)the expiry of 7 business days after the day on which the driver starts recording information under this section; or
(b)if the existing work diary is an electronic work diary, when the first of the following happens—
(i)the driver obtains a new electronic work diary that is in working order, or a written work diary;
(ii)the existing work diary is—
(A)if the diary is filled up—made capable of recording new information; or
(B)if the diary is not in working order as mentioned in section 304(b)(ii) or is malfunctioning—brought into working order;
(iii)the expiry of 7 business days after the day on which the driver starts recording information under this section.

Note—

If one of the circumstances in subsection (4) applies, a driver may no longer use a supplementary record to record the information required to be recorded under Subdivision 2, and if the driver does not begin to keep a work diary in accordance with section 293 then the driver commits an offence against that section.
(5)In this section—
supplementary record means 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.

306Driver must notify Regulator if written work diary filled up etc.

Within 2 business days after the driver of a fatigue-regulated heavy vehicle becomes aware that the driver’s written work diary has been filled up, destroyed, lost or stolen, the driver must notify the Regulator in the approved form of that happening.

Maximum penalty—$3000.

307Driver who is record keeper must notify Regulator if electronic work diary filled up etc.

(1)This section applies if the driver of a fatigue-regulated heavy vehicle who is his or her own record keeper—
(a)becomes aware that the driver’s electronic work diary has been filled up, destroyed, lost or stolen or is not in working order as mentioned in section 304(b)(ii); or
(b)becomes aware or has reason to suspect that the driver’s electronic work diary is malfunctioning or has malfunctioned.
(2)The driver must notify the Regulator in the approved form of the matter within 2 business days.

Maximum penalty—$3000.

(3)Within a period required by the Regulator, the driver must ensure the electronic work diary is examined and brought into working order.

Maximum penalty—$3000.

308What driver must do if lost or stolen written work diary found or returned

(1)If a lost or stolen written work diary (the old work diary) is found by or returned to the driver of a fatigue-regulated heavy vehicle after a replacement work diary has been issued to the driver, the driver must do the following—
(a)immediately cancel any unused daily sheets in the old work diary;
(b)if the old work diary is found or returned within 28 days after it was lost or stolen—
(i)immediately notify the Regulator in the approved form that it has been found or returned; and
(ii)give it to the Regulator within 2 business days after the 28-day period ends;
(c)if the old work diary is found or returned later than 28 days after it was lost or stolen—give it to the Regulator as soon as practicable after it is found or returned.

Maximum penalty—$3000.

(2)If a driver of a fatigue-regulated heavy vehicle gives a previously lost or stolen written work diary to the Regulator under subsection (1), the Regulator must—
(a)if the driver has not complied with subsection (1)(a), cancel any unused daily sheets in the work diary; and
(b)return the work diary to the driver.

309Driver must notify record keeper if electronic work diary filled up etc.

(1)This section applies if—
(a)the driver of a fatigue-regulated heavy vehicle—
(i)becomes aware that the driver’s electronic work diary has been filled up, destroyed, lost or stolen or is not in working order as mentioned in section 304(b)(ii); or
(ii)becomes aware or has reason to suspect that the driver’s electronic work diary is malfunctioning or has malfunctioned; and
(b)the driver’s record keeper is a person other than the driver.
(2)The driver must, within 2 business days after the driver becomes aware of the matter, inform the driver’s record keeper of the matter.

Maximum penalty—$3000.

310Intelligent access program reporting entity must notify record keeper if approved electronic recording system malfunctioning

(1)This section applies if—
(a)an approved electronic recording system—
(i)constitutes an electronic work diary or has a part that constitutes an electronic work diary; and
(ii)is or is part of an approved intelligent transport system; and
(b)an intelligent access program reporting entity for the approved intelligent transport system becomes aware or has reason to suspect that the approved electronic recording system is malfunctioning or has malfunctioned.
(2)The intelligent access program reporting entity must inform the driver’s record keeper of the matter within 2 business days.

Maximum penalty—$6000.

311What record keeper must do if electronic work diary filled up

(1)This section applies if—
(a)the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and
(b)the driver uses an electronic work diary supplied to the driver by the record keeper; and
(c)the record keeper becomes aware or has reason to suspect that the electronic work diary has been filled up.
(2)The record keeper must, as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter—
(a)either—
(i)make the electronic work diary capable of recording new information; or
(ii)give the driver a new electronic work diary that is in working order; and
(b)if the record keeper removes any information relating to any period during the last 28 days from the work diary to make it capable of recording new information—give the driver the removed information in a way that makes the information readily available to the driver; and
(c)notify the Regulator in the approved form that the electronic work diary has been filled up.

Maximum penalty—$6000.

(3)If the record keeper has engaged another person under a contract for services to comply with subsection (2) for the record keeper—
(a)the record keeper remains liable for an offence against subsection (2); and
(b)the other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection.

312What record keeper must do if electronic work diary destroyed, lost or stolen

(1)This section applies if—
(a)the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and
(b)the driver uses an electronic work diary supplied to the driver by the record keeper; and
(c)the record keeper becomes aware or has reason to suspect that the electronic work diary has been destroyed, lost or stolen.
(2)The record keeper must, as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter—
(a)inform the driver that the electronic work diary has been destroyed, lost or stolen unless the driver informed the record keeper about the fault under section 309; and
(b)give the driver an electronic work diary that is in working order; and
(c)give the driver any information, in a way that makes the information readily available to the driver, that was in the destroyed, lost or stolen electronic work diary that—
(i)is accessible to the record keeper; and
(ii)relates to any period during the last 28 days; and
(iii)is not stored in the new electronic work diary.

Maximum penalty—$6000.

(3)The record keeper must within 2 business days notify the Regulator in the approved form that the electronic work diary has been destroyed, lost or stolen, unless the record keeper has a reasonable excuse.

Maximum penalty—$6000.

(4)If the record keeper has engaged another person under a contract for services to comply with subsection (2) or (3) for the record keeper—
(a)the record keeper remains liable for an offence against subsection (2) or (3); and
(b)the other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection.

313What record keeper must do if electronic work diary not in working order or malfunctioning

(1)This section applies if—
(a)the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and
(b)the driver uses an electronic work diary supplied to the driver by the record keeper; and
(c)the record keeper becomes aware of, or has reason to suspect, either of the following matters—
(i)that the electronic work diary is not in working order;
(ii)that the electronic work diary is malfunctioning or has malfunctioned.

Note—

The record keeper may become aware as mentioned in paragraph (c) whether or not the record keeper has been informed by the driver under section 309 or an intelligent access program reporting entity under section 310.
(2)The record keeper must as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter inform the driver about the matter unless the driver informed the record keeper about the matter under section 309.

Maximum penalty—$6000.

(3)The record keeper must, after becoming aware of the matter or having reason to suspect the matter—
(a)as soon as reasonably practicable, direct the driver in the approved form to use a supplementary record in compliance with section 305; and
(b)as soon as reasonably practicable, give the driver information that was in the electronic work diary, in a way that makes the information readily available to the driver, that—
(i)is accessible to the record keeper; and
(ii)relates to any period during the last 28 days; and
(iii)is not stored in the electronic work diary because the electronic work diary is not in working order or is malfunctioning or has malfunctioned; and
(c)within 2 business days, notify the Regulator in the approved form that the electronic work diary is not in working order or is malfunctioning or has malfunctioned, unless the record keeper has a reasonable excuse; and
(d)within a period required by the Regulator, ensure the electronic work diary is examined and brought into working order and is not malfunctioning.

Maximum penalty—$6000.

(4)Subsection (5) applies if the driver of the vehicle changes during any period that is relevant to the duties imposed on the record keeper by subsection (2) or (3).
(5)Each reference to the driver in subsection (2) or (3) is a reference to the driver of the vehicle when the record keeper acts under the subsection.
(6)If the record keeper has engaged another person under a contract for services to comply with subsection (2) or (3) for the record keeper—
(a)the record keeper remains liable for an offence against subsection (2) or (3); and
(b)the other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection.
(7)Subsection (6) does not apply if the other person is engaged under a contract for services only to repair or otherwise bring the electronic work diary into working order.

Example for the purposes of subsection (7)—

A person in the business of repairing electronic recording systems is engaged under a contract for services to repair or otherwise bring the electronic work diary into working order on behalf of the record keeper.

Subdivision 5 Use of electronic work diaries

314How electronic work diary must be used

(1)This section applies if the driver of a fatigue-regulated heavy vehicle who is required to record information in the driver’s work diary under Subdivision 2 uses an electronic work diary.
(2)The driver must use the electronic work diary in a way complying with—
(a)any conditions applying under this Law or a corresponding fatigue law in relation to the use of the approved electronic recording system constituting the work diary or of which the work diary is a part; and
(b)the manufacturer’s specifications for the electronic recording system that is or includes the work diary, to the extent the specifications are consistent with the conditions mentioned in paragraph (a).

Maximum penalty—$3000.

Note—

The Regulator may impose conditions on the use of an electronic recording system under section 343.
(3)The record keeper of a driver of a fatigue-regulated heavy vehicle who uses an electronic work diary must ensure the driver complies with the requirements of subsection (2).

Maximum penalty—$6000.

(4)In a proceeding for an offence against subsection (2) or (3) involving a person failing to comply with a particular specification of the manufacturer of an electronic recording system, it is a defence for the person to prove that—
(a)the specification was not integral to the effective operation of the electronic recording system; or
(b)what was done or not done in relation to the specification was in accordance with industry practice in relation to the handling or maintenance of an electronic recording system of that type from that manufacturer.

Subdivision 6 Extended liability

315Ensuring driver complies with Sdivs 14

(1)Each responsible party for the driver of a fatigue-regulated heavy vehicle must ensure, so far as is reasonably practicable, the driver complies with each of Subdivisions 1, 2, 3 and 4 so far as they are applicable.

Maximum penalty—$6000.

(2)In this section—
responsible party, for the driver of a fatigue-regulated heavy vehicle, means—
(a)if the driver is an employed driver—an employer of the driver; or
(b)if the driver is a self-employed driver—a prime contractor of the driver; or
(c)an operator of the vehicle; or
(d)a scheduler for the vehicle.

Division 3 Records relating to drivers

Subdivision 1 Preliminary

316Application of Div 3

This Division—
(a)applies in relation to each record keeper for the driver of a fatigue-regulated heavy vehicle; and
(b)if there is more than 1 record keeper for the driver of a fatigue-regulated heavy vehicle—applies only to the extent the driver is carrying out work in relation to which the record keeper is a record keeper for the driver.

Example for the purposes of paragraph (b)—

The driver of a fatigue-regulated heavy vehicle is an employed driver employed by employer A and employer B, each of whom is a record keeper of the driver. A’s obligations to record information under this Division apply only to the extent the information is about the work the driver carries out for A.

For example, under section 319, A need only record the registration numbers of the fatigue-regulated heavy vehicles the driver drives for carrying out work for A and the work times and rest times of the driver while carrying out that work. A does not need to record the registration numbers for the fatigue-regulated heavy vehicles the driver drives for carrying out work for B or the work times and rest times of the driver while carrying out that work.

317Who is a driver’s record keeper

The following person is the record keeper for the driver of a fatigue-regulated heavy vehicle—
(a)if the driver is operating under a BFM accreditation or AFM accreditation of an operator of the vehicle or a work and rest hours exemption (permit) granted in combination with an operator’s BFM accreditation or AFM accreditation—the operator;
(b)otherwise—
(i)for an employed driver of a fatigue-regulated heavy vehicle—the driver’s employer; or
(ii)for a self-employed driver of a fatigue-regulated heavy vehicle—the driver.

Subdivision 2 Record keeping obligations relating to drivers undertaking 100km work under standard hours

318Application of Sdiv 2

This Subdivision applies in relation to the driver of a fatigue-regulated heavy vehicle who is undertaking only 100km work under standard hours.

319Records record keeper must have

(1)The driver’s record keeper must, unless the record keeper has a reasonable excuse—
(a)record the following information within the prescribed period—
(i)the driver’s name and contact details;
(ii)the driver’s current driver licence number and the jurisdiction in which the licence was issued;
(iii)the dates on which the driver drives a fatigue-regulated heavy vehicle on a road;
(iv)the registration number for each fatigue-regulated heavy vehicle the driver drives, being—
(A)in the case of a vehicle that is not in a combination—that vehicle; or
(B)in the case of a vehicle that is in a combination—the towing vehicle in the combination;
(v)the total of the driver’s work times and rest times on each day on which the driver drives a fatigue-regulated heavy vehicle;
(vi)the total of the driver’s work times and rest times for each week during which the driver drives a fatigue-regulated heavy vehicle;
(vii)the driver’s rosters and trip schedules, including details of driver changeovers; and
(viii)the location of the driver’s base;
(ix)if the location of the driver’s base changes—the date on which the location changes; and
(b)keep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work.

Maximum penalty—$6000.

(2)A requirement imposed on a record keeper by subsection (1)(a)(ii) to (vi) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provisions.
(3)If the record keeper has engaged another person under a contract for services to comply with subsection (1) for the record keeper—
(a)the record keeper remains liable for an offence against subsection (1); and
(b)the other person is also liable for an offence against subsection (1) as if the other person were the record keeper mentioned in the subsection.
(6)In this section—
prescribed period, for recording information mentioned in subsection (1) relating to the driver of a fatigue-regulated heavy vehicle, means—
(a)if the driver’s record keeper is the driver—within 24 hours after the driver stops working on a day for which the information is relevant; or
(b)if the driver’s record keeper is a person other than the driver—as soon as possible after the person receives the information.

319A General requirements about driver recording and giving information to record keeper

(1)This section applies if the driver’s record keeper on a relevant day is a person other than the driver.
(2)The driver must, unless the driver has a reasonable excuse—
(a)within 24 hours after the driver stops working on the relevant day, record the information mentioned in section 319(1)(a)(iii) to (vi) for that day; and
(b)within 21 days after the relevant day, give the information mentioned in section 319(1) for that day to the driver’s record keeper.

Maximum penalty—$3000.

(3)The requirement imposed on the driver by subsection (2)(a) is taken to be satisfied if the record keeper records the information within the period mentioned in the provision.
(4)The requirement imposed on the driver by subsection (2)(b) is taken to be satisfied if the record keeper obtains the information within the period mentioned in the provision in any way, including, for example, because the information is recorded—
(a)in an electronic work diary used by the driver, the information in which is maintained by the record keeper; or
(b)by the record keeper.
(5)The record keeper must, so far as is reasonably practicable, ensure the driver complies with subsection (2)(b).

Maximum penalty—$3000.

(6)If the record keeper has engaged another person under a contract for services to comply with subsection (5) for the record keeper—
(a)the record keeper remains liable for an offence against subsection (5); and
(b)the other person is also liable for an offence against subsection (5) as if the other person were the record keeper mentioned in the subsection.
(7)In this section—
relevant day means a day on which the driver drives a fatigue-regulated heavy vehicle on a road.

Subdivision 3 Record keeping obligations relating to drivers undertaking 100+km work under standard hours or operating under BFM hours, AFM hours or exemption hours

320Application of Sdiv 3

This Subdivision applies in relation to the driver of a fatigue-regulated heavy vehicle who is—
(a)undertaking 100+km work under standard hours; or
(b)operating under BFM hours, AFM hours or exemption hours.

321Records record keeper must have

(1)The driver’s record keeper must, unless the record keeper has a reasonable excuse—
(a)record the following information within the prescribed period—
(i)the driver’s name and contact details;
(ii)the driver’s current driver licence number and the jurisdiction in which the licence was issued;
(iii)the driver’s rosters and trip schedules, including details of driver changeovers; and
(b)keep a copy of all duplicate pages, if any, and other copies of work diary entries, including any entry made in a supplementary record—
(i)given to the record keeper under section 322; or
(ii)as required to be made by the record keeper as a self-employed driver under Division 2; and
(c)keep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work.

Maximum penalty—$6000.

(2)The requirement imposed on the record keeper by subsection (1)(a)(ii) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provision.
(3)If the driver is operating under BFM hours or AFM hours, the record keeper must, unless the record keeper has a reasonable excuse, also record the following information—
(a)the information required to be kept by the record keeper as a condition of the BFM accreditation or AFM accreditation under which the driver is operating;
(b)the information required to be kept by the record keeper under the BFM standards and business rules or AFM standards and business rules.

Maximum penalty—$6000.

Note—

See also section 470 for other record-keeping requirements applying to a record keeper who is an operator operating under a BFM accreditation or AFM accreditation.
(4)If the record keeper has engaged another person under a contract for services to comply with subsection (1) or (3) for the record keeper—
(a)the record keeper remains liable for an offence against the subsection; and
(b)the other person is also liable for an offence against the subsection as if the other person were the record keeper mentioned in the subsection.
(7)This section does not apply to the record keeper for the driver of a fatigue-regulated heavy vehicle who—
(a)is exempt from the requirements of Division 2 under section 356; or
(b)is operating under a work diary exemption (notice).

Note—

A record keeper for the driver of a fatigue-regulated heavy vehicle who is not exempt from the requirements of Division 2 under section 356 and who is operating under a work diary exemption (permit) is not exempt from this section and therefore is subject to its requirements.
(8)In this section—
AFM standards and business rules has the meaning given by section 457.
BFM standards and business rules has the meaning given by section 457.
prescribed period, for recording information mentioned in subsection (1) relating to the driver of a fatigue-regulated heavy vehicle, means—
(a)if the driver’s record keeper is the driver—within 24 hours after the driver stops working on a day for which the information is relevant; or
(b)if the driver’s record keeper is a person other than the driver—as soon as possible after the person receives the information.

322General requirements about driver giving information to record keeper

(1)This section applies if—
(a)the driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2; and
(b)the driver’s record keeper is a person other than the driver.
(2)The driver must, within 21 days after the day on which the driver drove the vehicle, give a copy of the work diary entry recording the information, including any entry made in a supplementary record recording the information for that day, to each person who was a record keeper for the driver on that day, unless the driver has a reasonable excuse.

Maximum penalty—$3000.

(3)The requirement imposed on the driver by subsection (2) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provision.
(4)The record keeper must ensure, so far as is reasonably practicable, the driver complies with subsection (2).

Maximum penalty—$3000.

(5)If the record keeper has engaged another person under a contract for services to comply with subsection (4) for the record keeper—
(a)the record keeper remains liable for an offence against subsection (4); and
(b)the other person is also liable for an offence against subsection (4) as if the other person were the record keeper mentioned in the subsection.

323Requirements about driver giving information to record keeper if driver changes record keeper

(1)This section applies if—
(a)the driver of a fatigue-regulated heavy vehicle is, or was in the previous 28 days, required to record information in the driver’s work diary under Division 2; and
(b)the driver changes record keepers; and
(c)the new record keeper is a person other than the driver.
(2)The driver must, before driving a fatigue-regulated heavy vehicle for the driver’s new record keeper, give the new record keeper a copy of information the driver recorded in a work diary in the 28 days before the change happened that relates to that 28-day period, unless the driver has a reasonable excuse.

Maximum penalty—$3000.

(3)The new record keeper must ensure, so far as is reasonably practicable, the driver complies with subsection (2).

Maximum penalty—$3000.

(4)The requirement imposed on the driver or the record keeper by subsection (2) or (3) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the subsection.
(5)If the new record keeper has engaged another person under a contract for services to comply with subsection (3) for the new record keeper—
(a)the new record keeper remains liable for an offence against subsection (3); and
(b)the other person is also liable for an offence against subsection (3) as if the other person were the new record keeper mentioned in the subsection.

324Record keeper must give information from electronic work diary

(1)This section applies if—
(a)the driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2; and
(b)the driver’s record keeper is a person other than the driver; and
(c)the driver is using an electronic work diary supplied to the driver by the driver’s record keeper.
(2)If the driver stops using the electronic work diary, the driver’s record keeper must immediately give the driver, in a way that makes the information readily available to the driver, the information recorded in the work diary for each day on which the driver was using the electronic work diary, unless the record keeper has a reasonable excuse.

Maximum penalty—$3000.

(3)If the record keeper has engaged another person under a contract for services to comply with subsection (2) for the record keeper—
(a)the record keeper remains liable for an offence against subsection (2); and
(b)the other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection.

324ARecord keeper must give record to driver if requested

(1)This section applies if—
(a)the driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2; and
(b)the driver’s record keeper is a person other than the driver; and
(c)the driver requests a record held under this Division by the record keeper.
(2)The driver’s record keeper must, as soon as reasonably practicable—
(a)give the driver a copy of the record, or make the record available to the driver; or
(b)if the information is recorded in an electronic work diary—give the driver, in a way that makes the information readily available to the driver, the information recorded in the work diary.

Maximum penalty—$1500.

Division 4 Provisions about false representations relating to work records

325False or misleading entries

(1)A person must not record something in a work record that the person knows, or ought reasonably to know, is false or misleading.

Maximum penalty—$10000.

Note—

See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.
(2)In a proceeding for an offence against subsection (1), it is enough for a charge to state that the entry was ‘false or misleading’, without specifying whether it was false or whether it was misleading.

326When possessing, or recording information in, more than 1 work diary relating to the same period is prohibited

(1)The driver of a fatigue-regulated heavy vehicle must not have in the driver’s possession more than 1 written work diary in which information can be recorded on a daily sheet.

Maximum penalty—$10000.

(2)The driver of a fatigue-regulated heavy vehicle must not record information for the same period in—
(a)a written work diary and an electronic work diary; or
(b)more than 1 electronic work diary.

Example—

The driver of a fatigue-regulated heavy vehicle works for A and B. The driver keeps a written work diary for work done for A and an electronic work diary for work done for B. On a particular day, the driver works from 1p.m. to 5p.m. for A and from 6p.m. to 11p.m. for B.

The driver must record the information about the period between 1p.m. and 5p.m. in the written work diary kept for A, and the information for the period between 6p.m. and 11p.m. in the electronic work diary kept for 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 written work diary and electronic work diary.

Maximum penalty—$10000.

327Possession of purported work records etc. prohibited

The driver of a fatigue-regulated heavy vehicle or the record keeper for a driver of a fatigue-regulated heavy vehicle must not have in the driver’s or record keeper’s possession a thing purporting to be a work record if the driver or record keeper knows, or ought reasonably to know, that it is not a work record.

Maximum penalty—$10000.

Note—

See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.

328False representation about work records prohibited

A person must not falsely represent that a work record was made by the person.

Maximum penalty—$10000.

Division 5 Interfering with work records

Subdivision 1 Work records generally

329Defacing or changing work records etc. prohibited

A person must not deface or change a work record that the person knows, or ought reasonably to know, is correct.

Maximum penalty—$10000.

Note—

1Giving a false or misleading document to an official is prohibited by section 702.
2See section 341 for the requirement that the record keeper for the driver of a fatigue-regulated heavy vehicle keep particular records in a way that ensures they are readable and reasonably capable of being understood and capable of being used as evidence.
3See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.

330Making entries in someone else’s work records prohibited

(1)A person must not make an entry in someone else’s work record.

Maximum penalty—$10000.

(2)Subsection (1) does not apply to—
(a)a person who—
(i)makes an entry in another person’s work diary under a work diary exemption (permit) applying to the other person; 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 to the arrangement; or
(ii)making an entry in the other party’s electronic work diary indicating the party’s approval of the information recorded in the work diary.

331Destruction of particular work records prohibited

If a work record is required under (or by a condition under) this Part to be kept for a particular period by a person, the person or someone else must not destroy the record before the end of the period.

Maximum penalty—$10000.

Note—

See section 341 for the period for which record keepers for drivers of fatigue-regulated heavy vehicles are required to keep particular work records.

332Offence to remove pages from written work diary

A person must not remove a daily sheet, or the duplicates of a daily sheet, from a written work diary except as required or authorised by this Law or a corresponding fatigue law.

Maximum penalty—$10000.

Subdivision 2 Approved electronic recording systems

333Application of Sdiv 2

This Subdivision applies to an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part.

334Meaning of tamper

Tamper with an approved electronic recording system means—
(a)engage in conduct that—
(i)results in the system, or a part of the system, malfunctioning; or
(ii)could result in the system, or a part of the system, malfunctioning; or
(iii)alters any of the data recorded by the system or a part of the system; or
(iv)could alter any of the data recorded by the system or a part of the system; or
(v)results in inaccurate information being recorded by the system or a part of the system; or
(vi)could result in inaccurate information being recorded by the system or a part of the system; or
(b)engage in conduct that alters or otherwise interferes with an electronic signal sent to or from the system, or a part of the system, if the alteration or interference has or could have an effect mentioned in paragraph (a)(i), (iii) or (v).

335Person must not tamper with approved electronic recording system

(1)A person must not tamper with an approved electronic recording system.

Maximum penalty—$10000.

(2)Subsection (1) does not apply to—
(a)conduct associated with repairing an approved electronic recording system, or a part of an approved electronic recording system, that is malfunctioning or has malfunctioned; or
(b)conduct associated with maintaining an approved electronic recording system; or
(c)an authorised officer when exercising functions under this Law.
(5)In a proceeding for an offence against subsection (1) involving a person engaging in conduct that alters or otherwise interferes with any electronic signal sent to or from an approved electronic recording system, or a part of an approved electronic recording system, it is a defence for the person to prove that the person was not aware, and could not reasonably be expected to have been aware, that the conduct would alter or otherwise interfere with the electronic signal.

336Person using approved electronic recording system must not permit tampering with it

(1)A person who uses an approved electronic recording system must not permit another person to tamper with the system.

Maximum penalty—$10000.

Examples of a person who uses an approved electronic recording system—

a driver of a heavy vehicle
a driver’s record keeper

336AReporting tampering or suspected tampering with electronic work diary

(1)If the record keeper for the driver of a fatigue-regulated heavy vehicle knows, or has reasonable grounds to suspect, an electronic work diary has been tampered with, the record keeper must report the matter to the Regulator—
(a)within 2 business days; and
(b)in the approved form.

Maximum penalty—$6000.

(2)If the record keeper has engaged another person under a contract for services to comply with subsection (1) for the record keeper—
(a)the record keeper remains liable for an offence against subsection (1); and
(b)the other person is also liable for an offence against subsection (1) as if the other person were the record keeper mentioned in the subsection.

337Intelligent access program reporting entity must not permit tampering with approved electronic recording system

(1)This section applies if an approved electronic recording system is or is part of an approved intelligent transport system.
(2)An intelligent access program reporting entity for the approved intelligent transport system must not permit another person to tamper with the approved electronic recording system.

Maximum penalty—$10000.

Division 6 Obtaining written work diary

338Form of written work diary

(1)This section states the requirements for written work diaries issued by the Regulator under this Division.
(2)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)a duplicate of any application form contained in the work diary under subsection (3); and
(e)instructions for use of the work diary.
(3)A written work diary may contain an application in the approved form for the issue of another work diary.
(4)Each daily sheet of a written work diary must be in a form that ensures that, if information is written on the daily sheet in the way stated in the instructions in the work diary or this Law, the information should be automatically copied on to the duplicates for the sheet.

339Application for written work diary

(1)The driver of a fatigue-regulated heavy vehicle may apply to the Regulator for a written work diary.
(2)The application must be—
(a)in the approved form; and
(b)accompanied by the prescribed fee for the application.
(3)If the application is for a written work diary to replace a written work diary previously issued to the driver (the existing written work diary), the driver must give the existing written work diary to the Regulator with the application, unless the existing written work diary has been destroyed, lost or stolen.
(4)If the driver gives the existing written work diary to the Regulator, the Regulator must—
(a)cancel any unused daily sheets in the written work diary; and
(b)return the written work diary to the driver when the Regulator issues the replacement written work diary to the driver.
(5)If the application is for a written work diary to replace a written work diary that has been destroyed, lost or stolen, the application must—
(a)state the previous work diary’s number and that it has been destroyed, lost or stolen; and
(b)briefly outline the circumstances of the destruction, loss or theft.

340Issue of written work diary

(1)The Regulator must issue a written work diary to the driver of a fatigue-regulated heavy vehicle if the driver—
(a)applies for the work diary under section 339; and
(b)identifies himself or herself by showing his or her current driver licence to the Regulator; and
(c)pays the prescribed fee for the issue of the work diary.
(2)If the Regulator issues a written work diary to the driver of a fatigue-regulated heavy vehicle, the Regulator must note the date, time and place of issue on the written work diary.
(3)The Regulator may make other notes on the written work diary the Regulator considers appropriate.

Division 6A Requirements about records record keeper must make or keep

341Period for which, and way in which, records must be kept

(1)The record keeper of the driver of a fatigue-regulated heavy vehicle must, unless the record keeper has a reasonable excuse, keep a record required to be made or kept under Division 3, or a copy of the record, for 3 years after—
(a)for a record made by the record keeper—the day the record keeper makes the record; or
(b)for another record—the day the record keeper receives the record.

Maximum penalty—$6000.

(2)The record keeper of the driver of a fatigue-regulated heavy vehicle must, unless the record keeper has a reasonable excuse, keep a record required to be made or kept under (or by a condition under) Division 8 or 8A, or a copy of the record, for a period of 3 years, or, if a condition of an exemption states a record must be kept for a period of less than 3 years, the period stated in the condition, after—
(a)for a record made by the record keeper—the day the record keeper makes the record; or
(b)for another record—the day the record keeper receives the record.

Maximum penalty—$6000.

(3)Except where the driver is his or her own record keeper, the record keeper must, unless the record keeper has a reasonable excuse, keep the record or copy at the driver’s record location in a way that ensures it is readily available to an authorised officer at the record location.

Maximum penalty—$3000.

(4)If the driver is his or her own record keeper, the driver as record keeper must, unless the driver as record keeper has a reasonable excuse, ensure the record or copy of the record is kept at the driver’s record location in a way that ensures it is readily available to an authorised officer at the record location by the end of the 21-day period after the day the record is made.

Maximum penalty—$3000.

(5)The record keeper must, unless the record keeper has a reasonable excuse, keep the record or copy in a way that ensures it is—
(a)readable and reasonably capable of being understood; and
(b)capable of being used as evidence.

Example—

To ensure a record kept in a storage facility does not become unreadable, for example, by degrading, the record keeper could scan the hard copy of the record and keep it in an electronic format that is readable.

Maximum penalty—$6000.

(6)A reference in subsection (1) to keeping a record of information required to be made or kept under Division 3 includes a reference to maintaining a record of the information that is in an electronic work diary, if that record is taken to have satisfied the requirement under Division 3.
(7)If the driver’s work diary is an electronic work diary, the driver’s record keeper must, unless the record keeper has a reasonable excuse, maintain a record of the information that is recorded in the work diary in a way complying with—
(a)if the Regulator has, when approving the electronic recording system constituting the work diary, or of which the work diary is a part, imposed any conditions in relation to the way information must be recorded in the work diary—those conditions; and
(b)the manufacturer’s instructions, if any, for recording information in the electronic work diary, to the extent the instructions are consistent with the conditions mentioned in paragraph (a).

Maximum penalty—$1500.

Note—

The Regulator may impose conditions on the use of an electronic recording system under section 343.
(8)If the record keeper has engaged another person under a contract for services to comply with subsection (1), (2), (3), (5) or (7) for the record keeper—
(a)the record keeper remains liable for an offence against the subsection; and
(b)the other person is also liable for an offence against the subsection as if the other person were the record keeper mentioned in the subsection.

Division 7 Approval of electronic recording systems

Subdivision 1 Approval of electronic recording systems

342Application for approval of electronic recording system

(1)A person may apply to the Regulator for the approval of an electronic recording system.

Examples of persons who may apply for an approval under this section—

manufacturers of electronic recording systems
operators of fatigue-regulated heavy vehicles
drivers of fatigue-regulated heavy vehicles
(2)The application must be—
(a)in the approved form; and
(b)accompanied by the prescribed fee for the application.

343Deciding application for approval

(1)The Regulator must, as soon as practicable after receiving an application for an electronic recording system approval—
(a)grant the approval, with or without conditions about the use or maintenance of the electronic recording system to which the approval relates; or
(b)refuse the application.
(2)The Regulator may approve an electronic recording system only if the Regulator is satisfied the system—
(a)is suitable or has a part that is suitable for fitting to, or for use in, a fatigue-regulated heavy vehicle; and
(b)has a mechanism that readily indicates to the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, that the system is or is not properly functioning; and
(c)is capable of—
(i)accurately monitoring and recording the work times and rest times of the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used; and
(ii)accurately recording any other information the driver is required by this Law to record in a work diary; and
(d)if the system or a part of it is to be fitted to a fatigue-regulated heavy vehicle and is to be used by more than 1 driver of the vehicle, is capable of ensuring the following—
(i)all of the information mentioned in paragraph (c) can be accurately monitored or recorded for each of the drivers;
(ii)the details recorded by, or in relation to, 1 of the drivers are readily distinguishable from the details recorded by, or in relation to, the other drivers;
(iii)the name of the driver in relation to whom details are recorded is shown whenever the details are accessed;
(iv)1 of the drivers can not record any information, that the driver is required by this Law to record in a work diary, in the system for any of the other drivers; and
(e)has a mechanism to ensure the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, can not alter any information the driver records in the system once the driver has had an opportunity to confirm the accuracy of the information; and
(f)is capable of enabling the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, to send information to the driver’s record keeper; and
(g)has a mechanism that, at least once each day, readily indicates to the driver whether information has or has not been sent to the record keeper; and
(h)is capable of readily reproducing, on being accessed by the record keeper for the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, the information that the system contains; and
(i)is capable of readily reproducing, on being accessed by an authorised officer while the vehicle to which it or a part of it is fitted, or in which it or a part of it is used, is on a road, the information the system contains in a form that—
(i)is readily accessible by the officer; and
(ii)is reasonably capable of being understood by the officer; and
(iii)can be used as evidence.
(3)In deciding whether or not to grant the approval, the Regulator must have regard to the approved guidelines for granting electronic recording system approvals.
(4)An approved electronic recording system may be, or be a part of, an approved intelligent transport system.

344Steps after decision to grant approval

(1)If the Regulator grants an approval under section 343, the Regulator must give the applicant a numbered certificate of approval.
(2)If the Regulator imposes conditions on the approval, the certificate of approval given to the applicant must state the conditions.
(3)If the Regulator imposes conditions on the approval not sought by the applicant, the Regulator must give the applicant an information notice for the decision to impose the conditions.

345Steps after decision to refuse application

If the Regulator decides not to grant an application for an electronic recording system approval, the Regulator must give the applicant an information notice for the decision.

346Effect of approval

(1)An electronic recording system approval granted under this Subdivision applies to any system identical to the system given to the Regulator for approval.
(2)The conditions imposed on the approval under section 343, or Subdivision 3, apply to each identical system to which the approval applies.

Subdivision 2 Using unapproved electronic recording system

347Prohibition on using electronic work diary if it is not, and is not a part of, an approved electronic recording system

A person must not use as an electronic work diary for the purposes of this Law an electronic recording system constituting an electronic work diary, or of which an electronic work diary is a part, if the person knows, or ought reasonably to know, the electronic recording system is not an approved electronic recording system.

Maximum penalty—$10000.

Note—

See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.

Subdivision 3 Amendment or cancellation of approval

351Amendment or cancellation of approval on application

(1)The holder of an electronic recording system approval may apply to the Regulator for an amendment or cancellation of the approval.
(2)The application must—
(a)be in writing; and
(b)be accompanied by the prescribed fee for the application; and
(c)if the application is for an amendment of the approval, state clearly the amendment sought and outline the reasons for the application; and
(d)be accompanied by the certificate of approval for the approval.
(3)The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.
(4)The Regulator must decide the application as soon as practicable after receiving it.
(5)If the Regulator decides to grant the application—
(a)the Regulator must give the applicant notice of the decision; and
(b)the amendment or cancellation takes effect—
(i)when notice of the decision is given to the applicant; or
(ii)if a later time is stated in the notice, at the later time; and
(c)if the Regulator amended the approval, the Regulator must give the applicant a replacement certificate of approval for the approval as amended.
(6)If the Regulator decides not to amend or cancel the approval as sought by the applicant, the Regulator must—
(a)give the applicant an information notice for the decision; and
(b)return the certificate of approval for the approval to the applicant.
(7)In this section—
certificate of approval, for an electronic recording system approval, means the certificate of approval issued by the Regulator under section 344 for the approval.

352Amendment or cancellation of approval on Regulator’s initiative

(1)Each of the following is a ground for amending or cancelling an electronic recording system approval—
(a)the approval was granted because of a document or representation that was—
(i)false or misleading; or
(ii)obtained or made in an improper way;
(b)since the approval was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the approval and, had the changed circumstances existed when the approval was granted, the Regulator would not have granted the approval, or would have granted the approval subject to conditions or different conditions.
(2)If the Regulator considers a ground exists to amend or cancel an electronic recording system approval (the proposed action), the Regulator must give the holder of the approval a notice—
(a)stating the proposed action; and
(b)stating the ground for the proposed action; and
(c)outlining the facts and circumstances forming the basis for the ground; and
(d)if the proposed action is to amend the approval (including a condition of the approval)—stating the proposed amendment; and
(e)inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.
(3)If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may—
(a)if the proposed action was to amend the approval—amend the approval, including, for example, by imposing additional conditions on the approval, in a way that is not substantially different from the proposed action; or
(b)if the proposed action was to cancel the approval—
(i)amend the approval, including, for example, by imposing additional conditions on the approval; or
(ii)cancel the approval.
(4)The Regulator must give the holder an information notice for the decision.
(5)The amendment or cancellation takes effect—
(a)when the information notice is given to the holder; or
(b)if a later time is stated in the information notice, at the later time.

353Minor amendment of approval

The Regulator may, by notice given to the holder of an electronic recording system approval, amend the approval in a minor respect—
(a)for a formal or clerical reason; or
(b)in another way that does not adversely affect the holder’s interests.

354Requirements if approval amended

(1)This section applies if, under this Subdivision—
(a)the Regulator amends an electronic recording system approval to change the conditions about the use or maintenance of the electronic recording system the subject of the approval; and
(b)in the Regulator’s opinion, the amendment will, or is likely to, significantly affect the way the electronic recording system the subject of the approval is to be used.
(2)The Regulator may, by notice, direct the holder of the approval to give each person to whom the holder has supplied an electronic recording system the subject of the approval, or a device forming part of the system, a notice stating the amended conditions of the approval.
(3)If the Regulator gives the holder of the approval a direction under subsection (2), the holder must comply with the direction.

Maximum penalty—$6000.

(4)With the Regulator’s written consent, a person may comply with subsection (3) by publishing the amended conditions, and any further details stated by the Regulator, using at least 2 of the following methods—
(a)by notice published in a newspaper stated by the Regulator;
(b)by notice published in a journal or newsletter stated by the Regulator;
(c)on a website stated by the Regulator.
(5)If, under subsection (3), the holder of the approval gives a person a notice stating the amended conditions of the approval, the person must give a copy of the notice to each other person to whom the person has supplied an electronic recording system the subject of the approval, or a device forming part of the system.

Example for the purposes of subsection (5)—

The holder of an approval is a manufacturer and the manufacturer has supplied an electronic recording system the subject of the approval to an operator of a fatigue-regulated heavy vehicle who has supplied the system to the vehicle’s driver. If, under subsection (3), the manufacturer gives the operator a notice stating the amended conditions of the approval, the operator must, under subsection (5), give the driver a copy of the notice.

Maximum penalty—$6000.

(6)Nothing in this section prevents the Regulator from publishing details of the amendment by whatever means the Regulator thinks appropriate.

Example—

The Regulator may publish the amended conditions in the Commonwealth Gazette or on a website.
(7)In this section—
amended conditions, of an electronic recording system approval that has been amended under this Division, means the conditions of the approval as they apply after the amendment.

355Requirements if approval cancelled

(1)This section applies if, under this Subdivision, the Regulator notifies the holder of an electronic recording system approval that the approval has been cancelled.
(2)If the electronic recording system constitutes an electronic work diary, or if part of the electronic recording system is an electronic work diary, the holder of the approval must, within the period stated by the Regulator in the notification, remove any electronic message on the system’s visual display stating the system is or includes an electronic work diary.

Maximum penalty—$6000.

(3)The Regulator may, by notice, direct the holder of the approval to give each person to whom the holder has supplied an electronic recording system the subject of the approval that constitutes an electronic work diary, or of which an electronic work diary is a part, a notice stating that the approval has been cancelled.
(4)If the Regulator gives the holder of the approval a direction under subsection (3), the holder must comply with the direction.

Maximum penalty—$6000.

(5)With the Regulator’s written consent, a person may comply with subsection (4) by publishing details of the cancellation, and any further details stated by the Regulator, using at least 2 of the following methods—
(a)by notice published in a newspaper stated by the Regulator;
(b)by notice published in a journal or newsletter stated by the Regulator;
(c)on a website stated by the Regulator.
(6)If, under subsection (4), the holder of the approval gives a person a notice that the approval has been cancelled, the person must give a notice to each other person to whom the person has supplied an electronic recording system the subject of the approval that constitutes an electronic work diary, or of which an electronic work diary is a part, stating that the approval has been cancelled.

Maximum penalty—$6000.

Example for the purposes of subsection (6)—

The holder of an approval is a service provider who has supplied to the operator of a fatigue-regulated heavy vehicle an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part. If, under subsection (4), the service provider gives the operator a notice stating the approval has been cancelled, the operator must give the driver of the vehicle a notice stating the approval has been cancelled.
(7)Nothing in this section prevents the Regulator from publishing details of the cancellation by whatever means the Regulator thinks appropriate.

Example—

The Regulator may publish the cancellation in the Commonwealth Gazette or on a website.
(8)In this section—
holder, of an electronic recording system approval that has been cancelled, means the person who, immediately before the cancellation took effect, held the approval.

Division 8 Exemptions from work diary requirements of Division 2

Subdivision 1 Exemption for emergency services

356Emergency services exemption

(1)A person who is acting for an emergency service and who has time-critical duties on the way to, or during, an emergency is exempted in the course of carrying out the duties from compliance with Division 2.
(2)A person who is acting for an emergency service and who is returning from attending an emergency is exempted from compliance with Division 2 if the person reasonably believes the noncompliance does not present an unreasonable danger to other road users.
(3)A person who is acting for an emergency service is exempted from compliance with Division 2 under subsection (1) or (2) only if, at the relevant time, the person complies with any guidelines regarding the management of fatigue issued by or on behalf of the emergency service or an authority responsible for oversight of the emergency service.
(4)In this section—
emergency means an event, or an anticipated event, that—
(a)endangers, or may endanger, life, property or the environment; or
(b)has disrupted, or may disrupt, communications, energy supply, water supply or sewerage services; or
(c)is declared to be an emergency or disaster by—
(i)the Commonwealth or a State or Territory; or
(ii)a Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters.

Examples of an emergency—

fire, explosion or natural disaster
emergency service means an entity that has a statutory responsibility to respond to an emergency and includes the following—
(a)an ambulance service;
(b)a fire brigade, including a volunteer fire brigade;
(c)a police force or police service;
(d)a disaster or emergency organisation of the Commonwealth or a State or Territory.

Subdivision 2 Exemptions by Commonwealth Gazette notice

357Regulator’s power to exempt particular drivers from work diary requirements

(1)The Regulator may, by Commonwealth Gazette notice complying with section 361, exempt, for a period of not more than 3 years, drivers of fatigue-regulated heavy vehicles carrying out a class of work from the requirement to comply with Subdivisions 1 to 5 of Division 2 for the work.
(2)An exemption under subsection (1) is a work diary exemption (notice).

358Restriction on grant of work diary exemption (notice)

(1)The Regulator may grant a work diary exemption (notice) only if the Regulator is satisfied—
(a)requiring the drivers to whom the exemption is to apply to comply with Subdivisions 1 to 5 of Division 2 would be an unreasonable restriction on operations conducted by the drivers; and
(b)the class of work to which the exemption is to apply will not pose—
(i)a significant risk to public safety; or
(ii)a significant risk of the drivers to whom the exemption is to apply driving on a road while impaired by fatigue.
(2)In deciding whether or not to grant a work diary exemption (notice), the Regulator must have regard to the approved guidelines for granting work diary exemptions.

359Conditions of work diary exemption (notice)

A work diary exemption (notice) may be subject to any conditions the Regulator considers appropriate, including, for example—
(a)conditions about recording information about the work to which the exemption applies; and
(b)a condition that the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep in the driver’s possession a copy of—
(i)the Commonwealth Gazette notice for the exemption; or
(ii)an information sheet about the exemption published by the Regulator on the Regulator’s website.

360Period for which work diary exemption (notice) applies

A work diary exemption (notice)—
(a)takes effect—
(i)when the Commonwealth Gazette notice for the exemption is published; or
(ii)if a later time is stated in the Commonwealth Gazette notice, at the later time; and
(b)applies for the period stated in the Commonwealth Gazette notice.

361Requirements about Commonwealth Gazette notice

(1)A Commonwealth Gazette notice for a work diary exemption (notice) must state the following—
(a)the class of work to which the exemption applies;
(b)that drivers of fatigue-regulated heavy vehicles who carry out the class of work are exempt from the requirement to comply with Subdivisions 1 to 5 of Division 2 for the work;
(c)the conditions of the exemption;
(d)the period for which the exemption applies.
(2)The Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.

362Amendment or cancellation of work diary exemption (notice)

(1)It is a ground for amending or cancelling a work diary exemption (notice) if, since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.
(2)If the Regulator considers a ground exists to amend or cancel the work diary exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5).
(3)The Regulator must publish a public notice—
(a)stating that the Regulator believes a ground exists to amend or cancel the exemption; and
(b)outlining the facts and circumstances forming the basis for the belief; and
(c)stating the action the Regulator is proposing to take under this section (the proposed action); and
(d)inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.
(4)If, after considering all written representations made under subsection (3)(d), the Regulator still considers the circumstances in which the Regulator may grant the work diary exemption (notice) are no longer satisfied, the Regulator may—
(a)if the proposed action was to amend the exemption—amend the exemption in a way that is not substantially different from the proposed action, including, for example, by—
(i)amending the class of work to which the exemption applies; or
(ii)amending the conditions of the exemption; or
(b)if the proposed action was to cancel the exemption—
(i)amend the exemption, including, for example, by amending the exemption in a way mentioned in paragraph (a)(i) or (ii); or
(ii)cancel the exemption.
(5)The Regulator must publish a public notice of the amendment or cancellation.
(6)The amendment or cancellation takes effect—
(a)28 days after the Commonwealth Gazette notice is published under subsection (5); or
(b)if a later time is stated in the Commonwealth Gazette notice, at the later time.

Subdivision 3 Exemptions by permit

363Regulator’s power to exempt driver of fatigue-regulated heavy vehicle from work diary requirement

(1)The Regulator may, by giving a person a permit as mentioned in section 368, exempt, for a period of not more than 3 years, a driver of a fatigue-regulated heavy vehicle from the requirement to comply with Subdivisions 1 to 5 of Division 2.
(2)An exemption under subsection (1) is a work diary exemption (permit).

364Application for work diary exemption (permit)

(1)The driver of a fatigue-regulated heavy vehicle who is working under standard hours may apply to the Regulator for a work diary exemption (permit).
(2)The application must—
(a)be in the approved form; and
(b)state the following—
(i)the period for which the exemption is sought;
(ii)any conditions for the exemption sought by the applicant; and
(c)nominate a person (the nominee) to make written work records for the driver; and
(d)be accompanied by the nominee’s written agreement to the nomination; and
(e)be accompanied by the prescribed fee for the application.
(3)An employer of the driver of a fatigue-regulated heavy vehicle may make an application under subsection (1) on behalf of the driver.
(4)The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.

365Restriction on grant of work diary exemption (permit)

(1)The Regulator may grant a work diary exemption (permit) only if the Regulator is satisfied—
(a)the driver can not make records in the driver’s work diary because of the driver’s inadequate English literacy; and
(b)the nominee for the driver will be able to make records that are no less complete or accurate than records made under Subdivisions 1 to 5 of Division 2; and
(c)the driver works only under standard hours.
(2)In deciding whether or not to grant a work diary exemption (permit), the Regulator must have regard to the approved guidelines for granting work diary exemptions.
(3)In this section—
nominee, for the driver of a fatigue-regulated heavy vehicle, means the person nominated, in the application for the work diary exemption (permit), by the driver to make written work records for the driver.

366Conditions of work diary exemption (permit)

(1)A work diary exemption (permit) is subject to the condition that the driver to whom the exemption applies must carry out all work as a driver of fatigue-regulated heavy vehicles under standard hours only.
(2)A work diary exemption (permit) may be subject to any other conditions the Regulator considers appropriate, including, for example, conditions about—
(a)the information to be included in records about the work carried out by the driver of a fatigue-regulated heavy vehicle to whom the exemption applies; and
(b)how the records are to be made.

367Period for which work diary exemption (permit) applies

(1)A work diary exemption (permit) applies for the period stated in the permit for the exemption.
(2)The period may be less than the period sought by the applicant for the work diary exemption (permit).

368Permit for work diary exemption (permit) etc.

(1)If the Regulator grants a work diary exemption (permit) to a person, the Regulator must give the person—
(a)a permit for the exemption; and
(b)if the Regulator has imposed conditions on the exemption under section 366 or has granted the exemption for a period less than the period of not more than 3 years sought by the person—an information notice for the decision to impose the conditions or grant the exemption for the shorter period.
(2)A permit for a work diary exemption (permit) must state the following—
(a)the name of the driver of a fatigue-regulated heavy vehicle to whom the permit is given;
(b)the name of the nominee for the driver;
(c)the conditions of the exemption;
(d)the period for which the exemption applies.
(3)In this section—
nominee, for the driver of a fatigue-regulated heavy vehicle, means the person nominated, in the application for the work diary exemption (permit), by the driver to make written work records for the driver.

369Refusal of application for work diary exemption (permit)

If the Regulator refuses an application for a work diary exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.

370Amendment or cancellation of work diary exemption (permit) on application by permit holder

(1)The holder of a permit for a work diary exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.
(2)The application must—
(a)be in the approved form; and
(b)be accompanied by the prescribed fee for the application; and
(c)if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and
(d)if the application is for an amendment of the person nominated by the holder to make written work records for the holder—be accompanied by the nominee’s written agreement to the nomination; and
(e)be accompanied by the permit.
(3)The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.
(4)The Regulator must decide the application as soon as practicable after receiving it.
(5)If the Regulator decides to grant the application—
(a)the Regulator must give the applicant notice of the decision; and
(b)the amendment or cancellation takes effect—
(i)when notice of the decision is given to the applicant; or
(ii)if a later time is stated in the notice, at the later time; and
(c)if the Regulator amends the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.
(6)If the Regulator decides not to amend or cancel the work diary exemption (permit), as sought by the applicant, the Regulator must—
(a)give the applicant an information notice for the decision; and
(b)return the permit for the exemption to the applicant.

371Amendment or cancellation of work diary exemption (permit) on Regulator’s initiative

(1)Each of the following is a ground for amending or cancelling a work diary exemption (permit)—
(a)the exemption was granted because of a document or representation that was—
(i)false or misleading; or
(ii)obtained or made in an improper way;
(b)the person to whom the exemption is granted has contravened this Law or a corresponding fatigue law;
(c)the nominee has contravened a condition of the exemption;
(d)since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.
(2)If the Regulator considers a ground exists to amend or cancel a work diary exemption (permit) (the proposed action), the Regulator must give the holder of the permit for the exemption a notice—
(a)stating the proposed action; and
(b)stating the ground for the proposed action; and
(c)outlining the facts and circumstances forming the basis for the ground; and
(d)if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and
(e)inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.
(3)If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may—
(a)if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or
(b)if the proposed action was to cancel the exemption—
(i)amend the exemption, including, for example, by imposing additional conditions on the exemption; or
(ii)cancel the exemption.
(4)The Regulator must give the holder an information notice for the decision.
(5)The amendment or cancellation takes effect—
(a)when the information notice is given to the holder; or
(b)if a later time is stated in the information notice, at the later time.
(6)In this section—
nominee, for the person to whom a work diary exemption (permit) is granted, means the person stated in the permit for the exemption as the person nominated by the person to make written work records for the person.

372Minor amendment of work diary exemption (permit)

The Regulator may, by notice given to the holder of a permit for a work diary exemption (permit), amend the exemption in a minor respect—
(a)for a formal or clerical reason; or
(b)in another way that does not adversely affect the holder’s interests.

373Return of permit

(1)If a person’s work diary exemption (permit) is amended or cancelled under this Subdivision, the Regulator may, by notice given to the person, require the person to return the person’s permit for the exemption to the Regulator.
(2)The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period.

Maximum penalty—$6000.

(3)If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.

374Replacement of defaced etc. permit

(1)If a person’s permit for a work diary exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit.

Maximum penalty—$4000.

(2)If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.
(3)If the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.

Subdivision 4 Operating under work diary exemption

375Contravening condition of work diary exemption

A person must not contravene a condition of a work diary exemption.

Maximum penalty—$6000.

376Keeping relevant document while operating under work diary exemption (notice)

(1)This section applies if a work diary exemption (notice) is subject to the condition that the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep a relevant document in the driver’s possession.
(2)A driver of the fatigue-regulated heavy vehicle who is operating under the work diary exemption (notice) must comply with the condition.

Maximum penalty—$3000.

(3)Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(7)In this section—
relevant document, for a work diary exemption (notice), means a copy of—
(a)the Commonwealth Gazette notice for the exemption; or
(b)an information sheet about the exemption published by the Regulator on the Regulator’s website.
relevant party, for the driver of a fatigue-regulated heavy vehicle, means—
(a)an employer of the driver if the driver is an employed driver; or
(b)a prime contractor of the driver if the driver is a self-employed driver; or
(c)an operator of the vehicle if the driver is making a journey for the operator.

377Keeping permit or copy while operating under work diary exemption (permit)

The driver of a fatigue-regulated heavy vehicle who is operating under a work diary exemption (permit) must keep the permit or a copy of the permit in the driver’s possession.

Maximum penalty—$3000.

Division 8A Exemptions from fatigue record keeping requirements of Division 3

Subdivision 1 Exemptions by Commonwealth Gazette notice

378Regulator’s power to exempt record keepers from fatigue record keeping requirements

(1)The Regulator may, by Commonwealth Gazette notice complying with section 381, exempt, for a period of not more than 3 years, record keepers for drivers of fatigue-regulated heavy vehicles carrying out a class of work from the requirement to comply with all or stated provisions of Division 3 for the work.
(2)An exemption under subsection (1) is a fatigue record keeping exemption (notice).
(3)In deciding whether or not to grant a fatigue record keeping exemption (notice), the Regulator must have regard to the approved guidelines for granting fatigue record keeping exemptions.

379Conditions of fatigue record keeping exemption (notice)

A fatigue record keeping exemption (notice)—
(a)is subject to conditions prescribed by the national regulations for the exemption; and
(b)may be subject to any other conditions the Regulator considers appropriate, including, for example—
(i)conditions about recording information about the work to which the exemption applies; and
(ii)a condition that a record keeper for the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep in the record keeper’s possession—
(A)a copy of the Commonwealth Gazette notice for the exemption; or
(B)a stated document or stated kind of document relating to the exemption.

380Period for which fatigue record keeping exemption (notice) applies

A fatigue record keeping exemption (notice)—
(a)takes effect—
(i)when the Commonwealth Gazette notice for the exemption is published; or
(ii)if a later time is stated in the Commonwealth Gazette notice, at the later time; and
(b)applies for the period stated in the Commonwealth Gazette notice.

381Requirements about Commonwealth Gazette notice

(1)A Commonwealth Gazette notice for a fatigue record keeping exemption (notice) must state the following—
(a)the class of work to which the exemption applies;
(b)that record keepers for drivers of fatigue-regulated heavy vehicles who carry out the class of work are exempt from the requirement to comply with all or stated provisions of Division 3 for the work;
(c)the conditions of the exemption;
(d)the period for which the exemption applies.
(2)The Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.

382Amendment or cancellation of fatigue record keeping exemption (notice)

(1)It is a ground for amending or cancelling a fatigue record keeping exemption (notice) if, since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.
(2)If the Regulator considers a ground exists to amend or cancel a fatigue record keeping exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5).
(3)The Regulator must publish a public notice—
(a)stating that the Regulator believes a ground exists to amend or cancel the exemption; and
(b)outlining the facts and circumstances forming the basis for the belief; and
(c)stating the action the Regulator is proposing to take under this section (the proposed action); and
(d)inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.
(4)If, after considering all written representations made under subsection (3)(d), the Regulator still considers the circumstances in which the Regulator may grant the fatigue record keeping exemption (notice) are no longer satisfied, the Regulator may—
(a)if the proposed action was to amend the exemption—amend the exemption in a way that is not substantially different from the proposed action, including, for example, by—
(i)amending the class of work to which the exemption applies; or
(ii)amending the conditions of the exemption; or
(b)if the proposed action was to cancel the exemption—
(i)amend the exemption, including, for example, by amending the exemption in a way mentioned in paragraph (a)(i) or (ii); or
(ii)cancel the exemption.
(5)The Regulator must publish a public notice of the amendment or cancellation.
(6)The amendment or cancellation takes effect—
(a)28 days after the Commonwealth Gazette notice is published under subsection (5); or
(b)if a later time is stated in the Commonwealth Gazette notice, at the later time.

Subdivision 2 Exemptions by permit

383Regulator’s power to exempt record keepers from fatigue record keeping requirements

(1)The Regulator may, by giving a person a permit as mentioned in section 387, exempt, for a period of not more than 3 years, a record keeper for one or more drivers of a fatigue-regulated heavy vehicle from the requirement to comply with all or stated provisions of Division 3.
(2)An exemption under subsection (1) is a fatigue record keeping exemption (permit).
(3)The Regulator may grant a fatigue record keeping exemption (permit) to the operator of a fatigue-regulated heavy vehicle in combination with the operator’s BFM accreditation or AFM accreditation.
(4)The Regulator may grant a fatigue record keeping exemption (permit)—
(a)in a way that does not cover all the drivers sought by the applicant; or
(b)setting conditions different from those sought by the applicant.

384Application for fatigue record keeping exemption (permit)

(1)The record keeper for a driver of a fatigue-regulated heavy vehicle may apply to the Regulator for a fatigue record keeping exemption (permit).
(2)The application must—
(a)be in the approved form; and
(b)state the following—
(i)the period for which the exemption is sought;
(ii)any conditions for the exemption sought by the applicant;
(iii)the name and details of each driver of a fatigue-regulated heavy vehicle to whom the exemption sought is to apply;
(iv)any other details prescribed by the national regulations; and
(c)be accompanied by the prescribed fee for the application.
(3)The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.
(4)In deciding whether or not to grant a fatigue record keeping exemption (permit), the Regulator must comply with any requirements prescribed by the national regulations for the purposes of this subsection and have regard to the approved guidelines for granting fatigue record keeping exemptions.

385Conditions of fatigue record keeping exemption (permit)

A fatigue record keeping exemption (permit)—
(a)is subject to conditions prescribed by the national regulations for the exemption; and
(b)may be subject to any other conditions the Regulator considers appropriate, including, for example—
(i)a condition about the information to be included in records about the work carried out by drivers of fatigue-regulated heavy vehicles to whom the exemption applies; and
(ii)a condition about how the records are to be made; and
(iii)a condition that a record keeper for the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep in the record keeper’s possession—
(A)the permit for the exemption; or
(B)a stated document or stated kind of document relating to the exemption.

386Period for which fatigue record keeping exemption (permit) applies

(1)A fatigue record keeping exemption (permit) applies for the period stated in the permit for the exemption.
(2)The period may be less than the period sought by the applicant for the fatigue record keeping exemption (permit).

387Permit for fatigue record keeping exemption (permit) etc.

(1)If the Regulator grants a fatigue record keeping exemption (permit) to a person, the Regulator must give the person—
(a)a permit for the exemption; and
(b)if the Regulator has imposed conditions on the exemption under section 385 or has granted the exemption for a period less than the period of not more than 3 years sought by the person—an information notice for the decision to impose the conditions or grant the exemption for the shorter period.
(2)A permit for a fatigue record keeping exemption (permit) must state the following—
(a)the name of the drivers of fatigue-regulated heavy vehicles to whom the permit applies;
(b)the conditions of the exemption;
(c)the period for which the exemption applies.

388Refusal of application for fatigue record keeping exemption (permit)

If the Regulator refuses an application for a fatigue record keeping exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.

389Amendment or cancellation of fatigue record keeping exemption (permit) on application by permit holder

(1)The holder of a permit for a fatigue record keeping exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.
(2)The application must—
(a)be in the approved form; and
(b)be accompanied by the prescribed fee for the application; and
(c)if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and
(d)be accompanied by the permit.
(3)The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.
(4)The Regulator must decide the application as soon as practicable after receiving it.
(5)If the Regulator decides to grant the application—
(a)the Regulator must give the applicant notice of the decision; and
(b)the amendment or cancellation takes effect—
(i)when notice of the decision is given to the applicant; or
(ii)if a later time is stated in the notice, at the later time; and
(c)if the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.
(6)If the Regulator decides not to amend or cancel the exemption as sought by the applicant, the Regulator must—
(a)give the applicant an information notice for the decision; and
(b)return the permit for the exemption to the applicant.

390Amendment or cancellation of fatigue record keeping exemption (permit) on Regulator’s initiative

(1)Each of the following is a ground for amending or cancelling a fatigue record keeping exemption (permit)—
(a)the exemption was granted because of a document or representation that was—
(i)false or misleading; or
(ii)obtained or made in an improper way;
(b)the holder of the permit for the exemption has contravened this Law or a corresponding fatigue law;
(c)a driver of a fatigue-regulated heavy vehicle to whom the exemption applies has contravened this Law or a corresponding fatigue law;
(d)since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.
(2)If the Regulator considers a ground exists to amend or cancel a fatigue record keeping exemption (permit) (the proposed action), the Regulator must give the holder of the permit for the exemption a notice—
(a)stating the proposed action; and
(b)stating the ground for the proposed action; and
(c)outlining the facts and circumstances forming the basis for the ground; and
(d)if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and
(e)inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.
(3)If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may—
(a)if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or
(b)if the proposed action was to cancel the exemption—
(i)amend the exemption, including, for example, by imposing additional conditions on the exemption; or
(ii)cancel the exemption.
(4)The Regulator must give the holder an information notice for the decision.
(5)The amendment or cancellation takes effect—
(a)when the information notice is given to the holder; or
(b)if a later time is stated in the information notice, at the later time.

391Minor amendment of fatigue record keeping exemption (permit)

The Regulator may, by notice given to the holder of a permit for a fatigue record keeping exemption (permit), amend the exemption in a minor respect—
(a)for a formal or clerical reason; or
(b)in another way that does not adversely affect the holder’s interests.

392Return of permit

(1)If a person’s fatigue record keeping exemption (permit) is amended or cancelled, the Regulator may, by notice given to the person, require the person to return the person’s permit for the exemption to the Regulator.
(2)The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period.

Maximum penalty—$6000.

(3)If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.

393Replacement of defaced etc. permit

(1)If a person’s permit for a fatigue record keeping exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit.

Maximum penalty—$4000.

(2)If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.
(3)If the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.

Subdivision 3 Exemptions by national regulations

394Exemptions from provisions of Division 3

(1)The national regulations may provide for the exemption of record keepers for drivers of fatigue-regulated heavy vehicles from the requirement to comply with all or stated provisions of Division 3.
(2)Without limiting subsection (1), the national regulations may prescribe matters about—
(a)one or more classes of record keepers for which an exemption is to apply; and
(b)one or more classes of drivers of fatigue-regulated heavy vehicles for which an exemption is to apply; and
(c)conditions to which an exemption is to be subject.

Subdivision 4 Other provisions

395Contravening condition of fatigue record keeping exemption

A person must not contravene a condition of a fatigue record keeping exemption.

Maximum penalty—$6000.

Division 9 Requirements about odometers

396Owner must maintain odometer

(1)The national regulations may require the fitting and maintenance of an odometer to a fatigue-regulated heavy vehicle.
(2)An owner of a fatigue-regulated heavy vehicle required by the national regulations to be fitted with an odometer must maintain the odometer in accordance with the requirements prescribed by the national regulations, unless the owner has a reasonable excuse.

Maximum penalty—$6000.

397Driver must report malfunctioning odometer

(1)This section applies if the driver of a fatigue-regulated heavy vehicle becomes aware or has reason to suspect an odometer fitted to the vehicle is malfunctioning or has malfunctioned.
(2)The driver must inform the following persons of the matter within 2 business days—
(a)each owner of the vehicle;
(b)the driver’s employer if the driver is an employed driver;
(c)each operator of the vehicle.

Maximum penalty—$3000.

(3)Subsection (2) does not apply to the driver of a fatigue-regulated heavy vehicle in relation to a malfunction of an odometer if another driver of the vehicle has complied with the subsection in relation to the malfunction.

398What owner must do if odometer malfunctioning

(1)This section applies if an owner of a fatigue-regulated heavy vehicle is informed under section 397 of malfunctioning or suspected malfunctioning of the vehicle’s odometer.
(2)The owner must, as soon as reasonably practicable after being informed of the matter, ensure the odometer is examined and brought into working order.

Maximum penalty—$6000.

399What employer or operator must do if odometer malfunctioning

(1)This section applies if an employer of the driver of a fatigue-regulated heavy vehicle or an operator of a fatigue-regulated heavy vehicle is informed under section 397 of malfunctioning or suspected malfunctioning of the vehicle’s odometer.
(2)The employer or operator must not, without a reasonable excuse, drive, or permit another person to drive, the fatigue-regulated heavy vehicle unless the owner of the vehicle has complied with section 398.

Maximum penalty—$6000.

Chapter 7 Intelligent Access Program

Part 7.1 Preliminary

400Main purposes of Ch 7

(1)The main purposes of this Chapter are—
(a)to ensure the integrity of systems used for compliance with intelligent access program conditions; and
(b)to provide for appropriate collection, keeping and handling of intelligent access program information.
(2)The purpose mentioned in subsection (1)(a) is achieved by—
(a)requiring particular entities to report relevant contraventions for intelligent access program vehicles; and
(b)requiring particular entities to report tampering or suspected tampering with, or malfunctioning of, approved intelligent transport systems; and
(c)prohibiting persons from tampering with approved intelligent transport systems; and
(d)giving particular entities functions and powers to audit the activities of intelligent access program service providers.
(3)The purpose mentioned in subsection (1)(b) is achieved by—
(a)allowing entities to collect, hold, use and disclose intelligent access program information for only limited purposes and subject to restrictions; and
(b)requiring entities with monitoring or auditing functions to ensure intelligent access program information collected is accurate, complete and up to date; and
(c)requiring entities who collect intelligent access program information to protect the information and destroy it when it is no longer required by the entities; and
(d)providing for persons about whom an entity holds personal information to have access to the information and have it corrected in appropriate circumstances.

401What the Intelligent Access Program is

The Intelligent Access Program is a program to allow heavy vehicles to have access, or improved access, to the road network in return for monitoring, by an intelligent transport system, of their compliance with stated access conditions.

402Application of Ch 7

(1)This Chapter applies in relation to a heavy vehicle for which a mass or dimension authority is in force with the following conditions (intelligent access program conditions)—
(a)a condition about the areas or routes to which the authority applies;
(b)conditions about the use of a heavy vehicle on a road under the authority, including, for example, conditions about one or more of the following—
(i)the maximum permissible mass of the vehicle, or the vehicle together with its load, while it is being used on the road under the authority;
(ii)the times when the vehicle may be used on the road under the authority;
(iii)the maximum speed at which the vehicle may be driven on the road under the authority;
(c)conditions that—
(i)a heavy vehicle’s compliance with the conditions mentioned in paragraphs (a) and (b) is monitored by an approved intelligent transport system used by an intelligent access program service provider; and
(ii)any noncompliance reports made by the system are sent to the Regulator within a stated period.
(2)This Chapter also applies in relation to a heavy vehicle for which an HML authority is in force with the conditions (also intelligent access program conditions) that—
(a)either or both of the following is monitored by an approved intelligent transport system used by an intelligent access program service provider—
(i)the roads on which the vehicle is used under the higher mass limits;
(ii)the vehicle’s compliance with conditions about the use of a heavy vehicle on a road under the higher mass limits, including, for example, conditions about one or more of the following—
(A)the times when the vehicle may be driven on the road under the higher mass limits;
(B)the maximum speed at which the vehicle may be driven on the road under the higher mass limits; and
(b)any noncompliance reports made by the system are sent to the Regulator within a stated period.

403Definitions for Ch 7

In this Chapter—
approved intelligent transport system means an intelligent transport system approved by TCA, for the purposes of the Intelligent Access Program, for use by an intelligent access program service provider to monitor the relevant monitoring matters for an intelligent access program vehicle.
higher mass limits means the higher mass limits applying under the mass requirements.
HML authority means a declaration made, or permit granted, under the national regulations allowing a heavy vehicle to be used on a road under the higher mass limits.
Intelligent Access Program has the meaning given in section 401.
intelligent access program agreement means an agreement between the operator of a heavy vehicle and an intelligent access program service provider under which the service provider agrees to monitor, by using an approved intelligent transport system, the relevant monitoring matters for the vehicle.
intelligent access program audit means the process of doing 1 or more of the following—
(a)reviewing intelligent access program information held by an intelligent access program service provider to assess whether the information is accurate, complete and up to date;
(b)reviewing the processes by which intelligent access program information held by an intelligent access program service provider is generated, recorded, stored, displayed, analysed, transmitted and reported;
(c)examining how intelligent access program information held by an intelligent access program service provider is used and disclosed by the service provider;
(d)examining an approved intelligent transport system.
intelligent access program conditions has the meaning given by section 402.
intelligent access program information means information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system for any purpose relating to the Intelligent Access Program.
intelligent access program service provider means a person certified by TCA as a service provider for monitoring, by using an approved intelligent transport system, the relevant monitoring matters for an intelligent access program vehicle.
intelligent access program vehicle means a heavy vehicle—
(a)for which a mass or dimension exemption is in force with intelligent access program conditions (as referred to in section 402(1)); or
(b)for which an HML authority is in force with intelligent access program conditions (as referred to in section 402(2)).
law enforcement purposes means the purposes of investigating or prosecuting an offence against an Australian road law.
malfunction, in relation to an approved intelligent transport system, means the system—
(a)ceases to work at all, or works only intermittently; or
(b)does not perform one or more functions required under the Intelligent Access Program; or
(c)performs a function mentioned in paragraph (b)—
(i)only intermittently; or
(ii)in a way that the results of it doing so are inaccurate or unreliable, including intermittently inaccurate or unreliable.
noncompliance report means a report made by an approved intelligent transport system that reports either or both of the following—
(a)a relevant contravention for an intelligent access program vehicle;
(b)apparent tampering with, or malfunctioning of, the system.
personal information means personal information that is intelligent access program information or otherwise collected for the purposes of this Chapter.

Note—

See also definition personal information in section 5.

relevant contravention means—
(a)for an intelligent access program vehicle used under a mass or dimension exemption—the vehicle’s contravention of conditions mentioned in section 402(1)(a) or (b) applying to the vehicle; or
(b)for an intelligent access program vehicle used under the higher mass limits—
(i)the vehicle’s use under the higher mass limits on a road to which the higher mass limits do not apply; or
(ii)the vehicle’s contravention of a condition about the use of the vehicle on a road under the higher mass limits.
relevant monitoring matters means—
(a)for a heavy vehicle used under a mass or dimension exemption—the vehicle’s compliance with conditions mentioned in section 402(1)(a) or (b) applying to the vehicle; or
(b)for a heavy vehicle used under the higher mass limits—the matters mentioned in section 402(2)(a)(i) or (ii) for the vehicle.
tamper, with an approved intelligent transport system, means engage in conduct that has the result that—
(a)the system is changed; or
(b)the system is installed or used in a way that is not in accordance with the conditions of its approval by TCA; or
(c)any operating software that the system uses internally is changed.

Part 7.2 Duties and obligations of operators of intelligent access program vehicles

404Offence to give false or misleading information to intelligent access program service provider

(1)The operator of an intelligent access program vehicle commits an offence if—
(a)the operator gives information to an intelligent access program service provider with whom the operator has entered into an intelligent access program agreement for the vehicle; and
(b)the information is relevant to the use of the vehicle; and
(c)the operator knows, or ought reasonably to know, the information is false or misleading.

Maximum penalty—$10000.

Note—

See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.
(2)Subsection (1) does not apply if the operator gives the information in writing and, when giving the information—
(a)tells the intelligent access program service provider, to the best of the operator’s ability, how it is false or misleading; and
(b)if the operator has, or can reasonably obtain, the correct information—gives the correct information in writing.
(3)Without limiting subsection (1)(b), information about the intelligent access program conditions applying to an intelligent access program vehicle is relevant to the use of the vehicle.
(4)The operator of a heavy vehicle commits an offence if—
(a)the operator gives information to an intelligent access program service provider; and
(b)the operator intends that the intelligent access program service provider will enter into an intelligent access program agreement with the operator in reliance on the information; and
(c)the operator knows, or ought reasonably to know, the information is false or misleading.

Maximum penalty—$10000.

Note—

See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.
(5)Subsection (4) does not apply if the operator gives the information in writing and, when giving the information—
(a)tells the intelligent access program service provider, to the best of the operator’s ability, how it is false or misleading; and
(b)if the operator has, or can reasonably obtain, the correct information—gives the correct information in writing.
(6)In a proceeding for an offence against subsection (1) or (4), it is enough for a charge to state that the information given was ‘false or misleading’ to the operator’s knowledge, without specifying whether it was false or whether it was misleading.

405Advising vehicle driver of collection of information by intelligent access program service provider

(1)The operator of an intelligent access program vehicle must, unless the operator has a reasonable excuse, ensure the vehicle’s driver is given the following information before the vehicle begins a journey—
(a)that the vehicle will be monitored by an intelligent access program service provider;
(b)that this Chapter provides for the collection of information by the intelligent access program service provider;
(c)the information that will be collected by the intelligent access program service provider;
(d)the purposes for which the information will be collected;
(e)the entities to whom the information collected may be disclosed;
(f)that, under this Chapter, the driver has rights of access to personal information or to have personal information changed to ensure it is accurate, complete and up to date;
(g)how the rights mentioned in paragraph (f) can be exercised;
(h)the name and address of the intelligent access program service provider.

Maximum penalty—$6000.

(2)The operator of an intelligent access program vehicle is taken to comply with subsection (1) if the operator—
(a)gives the intelligent access program vehicle’s driver a notice stating the information mentioned in the subsection, including, for example, by placing it in the vehicle’s driving cabin in a clearly visible position; or
(b)includes the information mentioned in the subsection in a written contract of employment between the operator and the intelligent access program vehicle’s driver.
(3)The national regulations may prescribe—
(a)a form of notice that may be used under subsection (2)(a); and
(b)for the purposes of subsection (2)(b), a standard form of words that may be used as part of a written contract of employment.

406Reporting system malfunctions to Regulator

(1)If an operator of an intelligent access program vehicle becomes aware that a part of an approved intelligent transport system fitted to the vehicle is malfunctioning or has malfunctioned, the operator must as soon as practicable report the matter to the Regulator in person or by radio, telephone, fax or email.

Maximum penalty—$6000.

(2)The operator must keep, for at least 4 years, a written record of a report of a malfunction under subsection (1), containing the following particulars—
(a)the type of malfunction to which the report relates;
(b)the date and time the operator became aware of the malfunction;
(c)the location of the vehicle when the operator became aware of the malfunction;
(d)the date and time the report was made;
(e)the location of the vehicle when the report was made;
(f)the way, in person or by radio, telephone, fax or email, that the report was made;
(g)the name of the operator or, if someone else made the report on behalf of the operator, the name of the person who made the report;
(h)the name of the individual to whom the report was made.

Maximum penalty—$6000.

407Advising driver of driver’s obligations about reporting system malfunctions

(1)The operator of an intelligent access program vehicle, before the vehicle begins a journey, must, unless the operator has a reasonable excuse, ensure the vehicle’s driver is told—
(a)about the vehicle driver’s obligation under section 408; and
(b)how the vehicle’s driver can make the reports required by that obligation.

Maximum penalty—$6000.

(2)The operator of an intelligent access program vehicle is taken to comply with subsection (1) if the operator—
(a)gives the vehicle’s driver a notice stating the information mentioned in the subsection, including, for example, by placing it in the vehicle’s driving cabin in a clearly visible position; or
(b)includes the information mentioned in the subsection in a written contract of employment between the operator and the vehicle’s driver.
(3)The national regulations may prescribe—
(a)a form of notice that may be used under subsection (2)(a); and
(b)for the purposes of subsection (2)(b), a standard form of words that may be used as part of a written contract of employment.

Part 7.3 Obligations of drivers of intelligent access program vehicles

408Reporting system malfunctions to operator

(1)If the driver of an intelligent access program vehicle becomes aware that a part of an approved intelligent transport system fitted to the vehicle is malfunctioning or has malfunctioned, the driver must as soon as practicable report the malfunction to the vehicle’s operator in person or by radio, telephone, fax or email.

Maximum penalty—$6000.

(2)The driver must keep, for at least 4 years, a written record of a report of a malfunction under subsection (1), containing the following particulars—
(a)the type of malfunction to which the report relates;
(b)the date and time the driver became aware of the malfunction;
(c)the location of the vehicle when the driver became aware of the malfunction;
(d)the date and time the report was made;
(e)the location of the vehicle when the report was made;
(f)the way, in person or by radio, telephone, fax or email, that the report was made;
(g)the driver’s name;
(h)the name of the individual to whom the report was made.

Maximum penalty—$6000.

(3)Subsection (1) does not apply to the driver of a heavy vehicle in relation to a malfunction of a part of an approved intelligent transport system if another driver of the vehicle has complied with the subsection in relation to the malfunction.

Part 7.4 Powers, duties and obligations of intelligent access program service providers

409Powers to collect and hold intelligent access program information

An intelligent access program service provider may collect and hold intelligent access program information for monitoring the relevant monitoring matters for an intelligent access program vehicle.

410Collecting intelligent access program information

(1)An intelligent access program service provider must ensure, so far as is reasonably practicable, the intelligent access program information the service provider collects—
(a)is necessary for the purpose for which it is collected or a directly related purpose; and
(b)is not excessive for that purpose; and
(c)is accurate, complete and up to date.

Maximum penalty—$6000.

(2)An intelligent access program service provider must ensure, so far as is reasonably practicable, the collection of intelligent access program information by the service provider does not intrude to an unreasonable extent on the personal privacy of any individual to whom the information relates.

Maximum penalty—$6000.

411Keeping records of intelligent access program information collected

(1)An intelligent access program service provider must keep, in a way complying with subsection (2), records of the intelligent access program information collected by the service provider.

Maximum penalty—$6000.

(2)Records kept under subsection (1) must be organised in a way that allows the records to be conveniently and properly audited by an intelligent access program auditor.

412Protecting intelligent access program information

An intelligent access program service provider must ensure, so far as is reasonably practicable, intelligent access program information collected by the service provider is protected against unauthorised access, unauthorised use, misuse, loss, modification or unauthorised disclosure.

Maximum penalty—$20000.

413Making individuals aware of personal information held

(1)An intelligent access program service provider must prepare, and make publicly available, a document setting out the service provider’s policies on the management of personal information held by the service provider.

Examples of how a document is made publicly available—

making a document available at the service provider’s office
making a document available on the service provider’s website

Maximum penalty—$6000.

(2)If asked by an individual about whom an intelligent access program service provider holds personal information, the service provider must, within 28 days after receiving the request, give the individual the following information if the service provider can reasonably give the information—
(a)the kind of information the service provider holds about the individual;
(b)the purpose for which the information is held;
(c)the way in which the service provider collects, holds, uses and discloses the information;
(d)the entities to whom the information may be disclosed;
(e)that, under this Chapter, the individual has rights of access to the information or to have the information changed to ensure it is accurate, complete and up to date;
(f)how the rights mentioned in paragraph (e) can be exercised.

Maximum penalty—$6000.

(3)Subsection (2) does not require an intelligent access program service provider to inform an individual that a report under section 422 or 423 exists or has been made.

414Giving individuals access to their personal information

(1)An intelligent access program service provider must, if asked by an individual about whom the service provider holds personal information, give the individual access to the information as soon as practicable and without cost.

Maximum penalty—$6000.

(2)Subsection (1) does not require an intelligent access program service provider to give an individual access to a report made under section 422 or 423 or information showing that a report of that kind exists or has been made.

415Correcting errors etc.

(1)This section applies if an individual about whom an intelligent access program service provider holds personal information asks the service provider to make a particular change to the personal information.
(2)The intelligent access program service provider must make the change if the service provider is satisfied the change is appropriate to ensure the personal information is accurate, complete and up to date.

Maximum penalty—$6000.

(3)If the intelligent access program service provider is not satisfied as mentioned in subsection (2), the service provider may refuse to comply with the request.
(4)If, under subsection (3), an intelligent access program service provider refuses to comply with an individual’s request under subsection (1), the service provider must—
(a)give the individual a notice stating—
(i)the service provider’s reasons for refusing; and
(ii)that the individual may ask the service provider to attach to or include with the personal information the individual’s request or a record of it; and
(b)if asked by the individual, attach to or include with the personal information the request or a record of the request.

Maximum penalty—$6000.

416General restriction on use and disclosure of intelligent access program information

An intelligent access program service provider must not use or disclose intelligent access program information other than as required or authorised under this Law or another law.

Maximum penalty—$20000.

417Giving intelligent access program auditor access to records

An intelligent access program service provider must give an intelligent access program auditor access to a record kept by the service provider for the purposes of this Chapter.

Maximum penalty—$6000.

418Powers to use and disclose intelligent access program information

(1)An intelligent access program service provider may use intelligent access program information for monitoring the relevant monitoring matters for an intelligent access program vehicle.
(2)An intelligent access program service provider may disclose intelligent access program information to the Regulator for compliance purposes.
(3)An intelligent access program service provider may disclose intelligent access program information to—
(a)an authorised officer, other than a police officer, for law enforcement purposes if so authorised by a warrant issued under this Law; or
(b)an authorised officer who is a police officer, for law enforcement purposes if so authorised by a warrant issued under this Law or another law.
(4)If an intelligent access program service provider discloses intelligent access program information to an authorised officer or a police officer under this section, the officer must not use the information, or disclose it to any other person, unless—
(a)the officer believes the use or disclosure is reasonably necessary for law enforcement purposes; or
(b)the use or disclosure is otherwise authorised under this Law or any other law.
(5)An intelligent access program service provider may disclose intelligent access program information about an operator of an intelligent access program vehicle to the operator.
(6)Subsection (5) does not apply to the following—
(a)a noncompliance report about an intelligent access program vehicle operated by the operator;
(b)information that a noncompliance report has been made about an intelligent access program vehicle operated by the operator;
(c)information disclosed under the authority of a warrant as referred to in subsection (3).
(7)An intelligent access program service provider may, with the written consent of an operator of an intelligent access program vehicle, disclose intelligent access program information about the operator to a person other than the operator for any purpose if the information—
(a)does not identify any individual other than the operator; and
(b)contains nothing by which the identity of any individual, other than the operator, can reasonably be found out.
(8)An intelligent access program service provider may use or disclose intelligent access program information that is personal information with the written consent of the individual to whom the personal information relates.
(9)This section is subject to section 424.

419Keeping record of use or disclosure of intelligent access program information

(1)If an intelligent access program service provider uses or discloses intelligent access program information, the service provider must, within 7 days after the use or disclosure, make a record of the use or disclosure that—
(a)contains the information mentioned in subsection (2); and
(b)is in a form that ensures the record is readily accessible by an intelligent access program auditor at the place where it is kept.

Maximum penalty—$6000.

(2)The record must contain the following information—
(a)the intelligent access program service provider’s name or, if someone else used or disclosed the intelligent access program information on behalf of the service provider, the name of the person who used or disclosed the intelligent access program information;
(b)the date of the use or disclosure;
(c)for a use of intelligent access program information by or on behalf of the intelligent access program service provider, a brief description of how the information was used;
(d)for a disclosure of intelligent access program information by or on behalf of the intelligent access program service provider, the entity to whom the information was disclosed;
(e)the provision of this Law or another law the intelligent access program service provider believes authorises the use or disclosure;
(f)if the use or disclosure is authorised only under a particular document (including, for example, a warrant, a certificate or a consent), a copy of the document.
(3)An intelligent access program service provider must keep a record made under this section for at least 2 years.

Maximum penalty—$6000.

420Keeping noncompliance report etc.

(1)This section applies if a noncompliance report is made by an approved intelligent transport system operated by an intelligent access program service provider.
(2)The intelligent access program service provider must keep the following for at least 4 years after the noncompliance report is made—
(a)a copy of the report;
(b)the information relied on to make the report.

Example of information that could be relied on to make a noncompliance report—

GPS information about a vehicle’s position at a p