New South Wales Consolidated Regulations

ROAD TRANSPORT (GENERAL) REGULATION 2005

- Made under the Road Transport (General) Act 2005
- As at 2 December 2011
- Reg 606 of 2005

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   3A.     Meaning of “applicable road law”

   PART 2 - ROAD TRANSPORT LEGISLATION

           Division 1 - Database of declarations and orders concerning operation of road transport legislation

   4.      Information to be maintained on database of declarations and orders
   5.      Access to database

           Division 2 - Special service requirements for road transport legislation

   6.      Service of notices on persons under Road Transport (Driver Licensing) Act 1998
   7.      Service of notices on registered operators and delivery of things to Authority under the Road Transport (Vehicle Registration) Act 1997
   8.      Notices to unincorporated associations in connection with mobility parking scheme authorities

           Division 3 - Miscellaneous

   9.      Inconsistent legislation-Royal Botanic Gardens and Domain Trust Act 1980
   10.     Inconsistent legislation-Local Government Act 1993

   PART 3 - APPEALS TO LOCAL COURT

           Division 1 - General

   11.     Definitions
   12.     Application of Part

           Division 2 - Appeals concerning vehicle registration

   13.     Appeals concerning examiner’s authorities and proprietor’s authorities
   14.     Determination of appeals concerning examiner’s authorities and proprietor’s authorities
   15.     Appeals against certain registration decisions
   16.     Determination of appeals against certain registration decisions

           Division 3 - Appeals against decision of Authority concerning driver licensing

   17.     Authority to ensure notification of appeal rights
   18.     Appeals concerning driver licensing
   19.     Affected person entitled to be given reasons
   20.     Determination of appeals concerning driver licensing
   21.     Stay of decision pending appeal

           Division 4 - Appeals against decision of police officer concerning licence suspension

   22.     Appeals concerning police officer suspension notices
   23.     Determination of appeals concerning police suspension notices
   24.     Stay of decision

           Division 5 - Other appeals and applications

   25AA.   Registrar to give notice of appeals under Division
   25.     Appeals against revocation of interlock device approvals
   26.     (Repealed)
   27.     Release of impounded vehicle on application to Local Court
   28.     Appeals concerning accreditation schemes
   29.     (Repealed)
   29A.    Appeals concerning mobility parking scheme authorities
   29B.    Appeals concerning compliance certificates and certifier’s licences

   PART 4 - (Repealed)
   None

   PART 5 - IMPOUNDED AND CLAMPED VEHICLES

   36.     Impounding fee
   37.     Towing fee for impounded vehicles
   38.     Disposal of impounded vehicles or vehicles forfeited to the Crown
   38A.    Fees with respect to clamping of vehicles

   PART 6 - HEAVY VEHICLE DRIVER FATIGUE

           Division 1 - General

   39.     Definitions
   40.     Matters court may consider for deciding whether person took all reasonable steps and other matters relating to offences
   41.     What is the “reasonable steps defence”
   42.     Exclusion of mistake of fact defence

           Division 2 - Duties relating to fatigue

              Subdivision 1 - What is fatigue

   43.     What is “fatigue”
   44.     What is “impaired by fatigue”

              Subdivision 2 - Duties to avoid and prevent fatigue

   45.     Driver’s duty to avoid driver fatigue
   46.     Duty of parties in the chain of responsibility to prevent driver fatigue

              Subdivision 3 - Additional duties on certain parties in the chain of responsibility

   47.     Intention irrelevant in determining causation
   48.     Cause includes “contribute to causing” and “encourage”
   49.     Duties on employers, prime contractors and operators
   50.     Duties of schedulers
   51.     Duties on consignors and consignees
   52.     Duties of loading managers
   53.     Duty to assess and manage fatigue of drivers

              Subdivision 4 - Certain requests, contracts etc prohibited

   54.     Certain requests etc prohibited
   55.     Certain contracts etc prohibited

           Division 3 - Duties relating to work and rest times

              Subdivision 1 - Key concepts for this Division

   56.     What is “work and rest hours option”
   57.     What is “work time”
   58.     What is “rest time”
   58A.    Exception to work time
   58B.    Limited personal use on rest days
   59.     What is a “work and rest change”
   60.     Counting time, including work and rest time
   61.     Counting time within the participating zone
   62.     Counting time from outside the participating zone

              Subdivision 2 - Standard hours

   63.     Application of Subdivision
   64.     Standard hours-solo drivers
   65.     Standard hours-solo drivers of buses
   66.     Standard hours-two-up drivers

              Subdivision 3 - BFM hours

   67.     What this Subdivision is about
   68.     BFM hours-solo drivers
   69.     Defence for solo drivers relating to split rest breaks
   70.     BFM hours-two-up drivers

              Subdivision 4 - AFM hours

   71.     AFM hours
   72.     AFM outer limits

              Subdivision 5 - Changing work and rest hours option

   73.     Changing work and rest hours option

           Division 4 - Duties relating to record keeping

              Subdivision 1 - Interpretation

   73A.    What is 100 km work and 100+ km work?
   74.     What is a driver’s base

              Subdivision 2 - Work diary requirements

   75.     Driver must carry work diary
   76.     Information that driver must record in work diary
   77.     How driver must record information in work diary
   78.     Destroyed, lost, stolen or malfunctioning work diaries
   79.     Malfunctioning odometers
   80.     Duty of employers, prime contractors, operators and schedulers to ensure driver compliance

              Subdivision 3 - Records relating to drivers

   81.     Information that record keeper must record
   82.     Record keeper may engage other person to keep records

              Subdivision 4 - False work records etc

   83.     Definitions
   84.     False entries
   85.     Keeping 2 work diaries simultaneously prohibited
   86.     Possession of purported work records etc prohibited
   87.     Defacing or changing work records etc prohibited
   88.     False representation of work records prohibited
   89.     Making entries in someone else’s work records prohibited
   90.     Destruction of certain work records prohibited
   91.     Tampering with electronic work diaries prohibited

              Subdivision 5 - Written work diaries

   92.     Form of written work diaries
   93.     Issue of written work diaries

              Subdivision 6 - Electronic work diaries

   94.     Approval of electronic work diaries
   95.     Labelling of electronic work diary devices
   96.     Variation or cancellation of approval-on application
   97.     Removal of electronic work diary approval label
   98.     Authority may permit the use of diaries whose approval has been cancelled
   99.     Variation or cancellation of approval-without application
   100.    How electronic work diary to be operated
   101.    Admissibility of documents produced by an electronic work diary

           Division 5 - Accreditation and exemptions

              Subdivision 1 - Accreditation

   102.    What is an accreditation
   103.    Applying for BFM accreditation
   104.    Granting BFM accreditation
   105.    Conditions of BFM accreditation
   106.    Driver must carry BFM accreditation documents
   107.    Information that operator must record
   108.    Operator must advise of change or end of accreditation
   109.    Applying for AFM accreditation
   110.    Granting AFM accreditation
   111.    Conditions of AFM accreditation
   112.    Driver must carry AFM accreditation details
   113.    Information that operator must record
   114.    Operator must advise of change or end of accreditation

              Subdivision 2 - Exemptions

   115.    Exemptions for emergency services
   115A.   Exemptions in relation to emergencies
   115B.   Exemptions for certain buses and private hire vehicles
   115C.   Certain exemptions for 100+ km work requirements
   115D.   Exemptions for certain vehicles used for primary production
   115E.   Exemptions for vehicles used in motor dealing, repair, inspection, maintenance or testing businesses
   116.    What is an exemption
   117.    Work and rest hours exemptions
   118.    Work diary exemptions
   119.    Applying for an exemption
   120.    Granting an exemption
   121.    Driver must carry exemption
   122.    Conditions of exemptions

              Subdivision 3 - Variation, suspension or cancellation of accreditation or exemptions

   123.    Variation or cancellation of accreditation or exemption-on application
   124.    Grounds for variation-without application
   125.    Grounds for cancellation-without application
   126.    Variation or cancellation of accreditation or individual exemption-without application
   127.    Immediate suspension of accreditation or an individual exemption in public interest
   128.    Variation or cancellation of an exemption granted to a class of persons
   129.    Return of accreditation certificate or exemption

              Subdivision 4 - Replacement of lost etc accreditation certificates or exemptions

   130.    Replacement of lost etc accreditation certificates or exemptions

              Subdivision 5 - Offences relating to accreditation etc

   131.    Offence to falsely represent that accreditation etc held
   132.    Offences relating to auditors

           Division 6 - Decision-making provisions

              Subdivision 1 - Referral and mutual recognition of decisions

   133.    Referral of matters to Fatigue Authorities Panel
   134.    Mutual recognition of certain decisions
   135.    Mutual recognition of other decisions

              Subdivision 2 - Notification and recording of decisions

   136.    Notifying other Authorities of decisions
   137.    Register of decisions

              Subdivision 3 - Reconsideration and review of decisions

   138.    Decisions that may be reconsidered and reviewed
   139.    Reconsideration of decisions
   140.    Appeal against decisions to Local Court

           Division 7 - Miscellaneous

              Subdivision 1 - General

   141.    Duty of officers to annotate driver’s work diary
   142.    Provisions relating to first offences and second or subsequent offences
   142A.   Fatigue-related offences: section 154A (4)

              Subdivision 2 - Savings and transitional provisions

   143.    Definitions
   144.    TFMS applications
   145.    Period of grace for certain drivers
   146.    Applications for reconsideration by Authority
   147.    Exemption applications
   148.    Existing exemptions continue
   149.    Existing logbooks
   150.    Record keeping obligations continue

   PART 7 - HEAVY VEHICLE SPEEDING COMPLIANCE

           Division 1 - Object

   151.    Object
   152.    Definitions
   153.    Intention irrelevant in determining causation
   154.    Cause includes “contribute to causing” and “encourage”

           Division 2 - Specific duties and offences

              Subdivision 1 - Duties on employers, prime contractors and operators

   155.    Duty concerning business practices
   156.    Duty to ensure offences are not committed

              Subdivision 2 - Duties on schedulers

   157.    Duty concerning driver’s schedule

              Subdivision 3 - Duties on loading managers

   158.    Duty on loading managers

              Subdivision 4 - Duties on certain consignors and consignees

   159.    Consignors to whom this Subdivision applies
   160.    Consignees to whom this Subdivision applies
   161.    Duties on consignors and consignees

              Subdivision 5 - Duty to assess and manage risk of speeding

   162.    Duty to assess and manage risk of speeding

              Subdivision 6 - Certain requests, contracts etc prohibited

   163.    Certain requests etc prohibited
   164.    Certain contracts etc prohibited

           Division 3 - Compliance and enforcement provisions

              Subdivision 1 - Reasonable steps

   165.    Matters court may consider for deciding whether person took all reasonable steps

              Subdivision 2 - Evidential matters

   166.    Commission of speeding offence is irrelevant to Division 2 prosecutions
   167.    Provisions relating to first offences and second or subsequent offences

           Division 4 - Exemptions

   167A.   Exemptions for emergency services staff
   167B.   Exemptions for certain buses and private hire vehicles

   PART 8 - PENALTY NOTICE OFFENCES

   168.    Definitions
   169.    Penalty notice offences
   170.    Penalty levels
   171.    Offence: unlawful destruction of penalty notices

   PART 9 - MISCELLANEOUS

   171A.   Meaning of “vehicle”
   172.    Prescribed speeding offences
   173.    Statutory declarations by registered owners and operators
   174.    Withdrawal of formal warnings
   175.    Fees for information from records of Authority
   176.    Offence: failure to comply with order, notice, direction, requirement or request
   177.    Offence: false or misleading information
   178.    General defence of accident or reasonable effort
   179.    Repeals and savings
   180.    Transitional provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3