New South Wales Consolidated Regulations

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) (DRIVER FATIGUE) REGULATION 1999

- Made under the Road Transport (Safety and Traffic Management) Act 1999
- As at 31 August 2008
- Reg 622 of 1999

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

           Division 1 - Introductory

   1.      Name of Regulation
   2.      Commencement
   3.      Main object of Regulation
   4.      Outline of main features of Regulation
   5.      Application of Regulation

           Division 2 - Interpretation

   6.      Definitions
   7.      References to exemptions etc

           Division 3 - Some key concepts for this Regulation

              Subdivision 1 - Persons with special duties

   8.      What is a heavy truck, bus and commercial bus
   9.      Driver definitions
   10.     Who is an employer and responsible employee
   11.     Who is a consignor

              Subdivision 2 - Driving, work and rest times

   12.     What is driving and driving time
   13.     What is work time
   14.     What is rest time

              Subdivision 3 - Jurisdictions and zones

   15.     Definitions-jurisdictions and zones

   PART 2 - REGULATED HOURS

           Division 1 - Introductory

   16.     Application of Part 2
   17.     Brief outline of Part 2
   18.     Regulated hours-relevant periods

           Division 2 - Driving, work and rest times of regulated hours drivers

   19.     Regulated hours-maximum driving times
   20.     Regulated hours-maximum work times
   21.     Regulated hours-required minimum rest times
   22.     Application of Division to drivers from elsewhere in the regulated zone
   23.     Application of Division to drivers from non-regulated zone

   PART 3 - TRANSITIONAL FATIGUE MANAGEMENT SCHEME

           Division 1 - Introductory

   24.     Brief outline of Part 3
   25.     Registration of participants in TFMS
   26.     TFMS-relevant periods

           Division 2 - Driving, work and rest times of TFMS drivers

   27.     Application of Division 2
   28.     TFMS-maximum driving times
   29.     TFMS-maximum work times
   30.     TFMS-required minimum rest times
   31.     Application of Division to heavy truck drivers from elsewhere in the regulated zone
   32.     Application of Division to heavy truck drivers from the non-regulated zone

           Division 3 - Other obligations of driver participants

   33.     Application of Division 3
   34.     General obligations
   35.     Medical examination requirements
   36.     Approved fatigue management training requirements
   37.     Authority to be told if driver certification manual lost etc

           Division 4 - Obligations of employer participants

   38.     Application of Division 4
   39.     General obligations
   40.     Authority may ask employers to ensure attendance of responsible employees at training courses

   PART 4 - DRIVING RECORDS

           Division 1 - Key concepts for Part 4

   41.     What is a driver’s 100 kilometre limit
   42.     What is a driver’s base and the garage address of a vehicle
   43.     What is local area work
   44.     What is non-local area work
   45.     What is a driver’s logbook
   46.     What is an approved DSMD
   47.     Driving record definitions

           Division 2 - Driving records for non-local area work

   48.     Drivers to have logbooks etc
   49.     Logbook records to be made by drivers engaged in non-local area work
   50.     Additional logbook records to be made before engaging in non-local area work
   51.     Additional logbook records to be made after engaging in non-local area work
   52.     How information is to be recorded in logbooks
   53.     Exceptions to logbook record requirements
   54.     When and how supplementary records may be made by drivers

           Division 3 - Driving records for local area work

   55.     Application of Division 3
   56.     Driving records to be made by employers of drivers
   57.     Driving records to be made by self-employed drivers

           Division 4 - Inspection of driving records

   58.     Driving records-non-local area work

           Division 5 - Driving records to be kept

   59.     Definitions for Division 5
   60.     Driving records made by employed drivers-non-local area work
   61.     Driving records for non-local area work to be kept
   62.     Local area management records to be kept
   63.     Authority may ask for driving records to be produced

           Division 6 - Other offences by drivers and employers

   64.     Authority to be told if logbook lost etc
   65.     Drivers must not have more than one logbook
   66.     Possession of purported driving records etc prohibited
   67.     Drivers to tell employers of incorrectly operating approved DSMDs etc

           Division 7 - General driving record offences

   68.     Definitions for Division 7
   69.     False and misleading driving records etc prohibited
   70.     False representation of driving records prohibited
   71.     Making entries in someone else’s driving records prohibited
   72.     Destruction of certain driving records prohibited
   73.     Interference with approved DSMDs prohibited

   PART 5 - EXTENDED OFFENCES

   74.     Definitions for Part 5
   75.     Certain requests etc prohibited
   76.     Special obligation of consignors
   77.     Special obligation of employers
   78.     Special obligations-rostering and scheduling

   PART 6 - ISSUE OF LOGBOOKS

   79.     Logbooks
   80.     Applications for logbooks
   81.     Issue of logbooks

   PART 7 - TFMS ADMINISTRATION

           Division 1 - Registration of TFMS participants and issue of driver certification manuals

   82.     Applications for registration
   83.     Driver certification manuals
   84.     What is a required medical certificate
   85.     What is a required training certificate
   86.     TFMS registration and issue of driver certification manuals
   87.     Applications for replacement driver certification manuals
   88.     Issue of replacement driver certification manuals

           Division 2 - Cancellation of registration of TFMS participants

   89.     Cancellation of TFMS registration on application
   90.     Grounds for cancellation of TFMS registration except on application
   91.     Cancellation of TFMS registration except on application
   92.     Notice of cancellation of TFMS registration of employers
   93.     Return of driver certification manuals

           Division 3 - Review and audit of participation of employers and self-employed drivers

   94.     Application of Division 3
   95.     Reviews of participation required
   96.     Reports of reviews
   97.     Authority may audit participation

           Division 4 - Recommendations about TFMS registration

   98.     Recommendations by Authority
   99.     Recommendations by corresponding authorities

   PART 8 - EXEMPTIONS

           Division 1 - Key concepts for Part 8

   100.    What is an exemption
   101.    What is an emergency exemption
   102.    What is an FMS exemption
   103.    What is a limited driving hours exemption
   104.    What is a logbook exemption

           Division 2 - Emergency exemptions

   105.    Definitions for Division 2
   106.    Emergency exemptions
   107.    Effect of emergency exemptions

           Division 3 - FMS exemptions

   108.    FMS exemptions
   109.    Effect of FMS exemptions

           Division 4 - Limited driving hours exemptions

   110.    Limited driving hours exemptions
   111.    Effect of limited driving hours exemptions

           Division 5 - Logbook exemptions

   112.    Logbook exemptions-literacy
   113.    Other logbook exemptions
   114.    Effect of logbook exemptions

           Division 6 - Variation and cancellation of exemptions

   115.    Variation and cancellation of exemptions on application
   116.    Grounds for variation of exemptions except on application
   117.    Grounds for cancellation of exemptions except on application
   118.    Variation and cancellation of exemptions except on application
   119.    Return of exemptions etc

           Division 7 - Exemptions generally

   120.    Applications for exemption
   121.    Decisions by Authority on exemption applications
   122.    Duration of exemptions
   123.    Conditions of exemptions
   124.    Replacement of lost etc exemptions
   125.    Failure to comply with conditions of exemptions
   126.    Authority to tell corresponding authorities of certain decisions

           Division 8 - Special exemptions by order of the Minister

   127.    Minister’s power to grant exemptions

   PART 9 - ENFORCEMENT, REVIEW AND OTHER MATTERS

           Division 1 - Provisions about offences

   128.    Deciding whether persons ought reasonably to have known
   129.    Limited jeopardy

           Division 2 - Additional enforcement powers

   130.    Driver to stop and provide information
   131.    Information about exemptions
   132.    Information about TFMS etc
   133.    Information about driver’s base
   134.    Information about whether drivers engaged in non-local area work
   135.    False and misleading statements to Authority and authorised persons
   136.    Authorised persons may enter certain places etc
   137.    Driver directed not to drive

           Division 3 - Reconsideration and review

   138.    Certain decisions may be reconsidered
   139.    Reconsideration of decisions

           Division 4 - Miscellaneous

   140.    Authorised persons
   141.    Identity cards
   142.    Identification of authorised persons
   143.    Savings and transitional
           SCHEDULE 1
           SCHEDULE 99 Dictionary