New South Wales Consolidated Regulations

ROAD TRANSPORT (GENERAL) REGULATION 2005 - REG 109

109 Applying for AFM accreditation

(1) The operator of a regulated heavy vehicle may apply to the Authority for AFM accreditation.

(2) The application must be made in the form approved by the Authority and include:

(a) the operator’s name and contact details, and

(b) the operator’s AFM fatigue management proposal (which is explained in the next subclause), and

(c) a statement by the operator that the operator has an AFM fatigue management system to ensure compliance with the AFM standards and business rules, and

(d) a statement from an auditor of a class approved by the Australian Transport Council by notice published in the Commonwealth Government Gazette that the auditor considers that the operator’s AFM fatigue management system will ensure compliance with the AFM standards and business rules, and

(e) any other information required by the Authority in accordance with the AFM standards and business rules.

(3) An "AFM fatigue management proposal" must set out:

(a) the proposed work and rest hours limits for drivers of those vehicles, and

(b) the risks involved with working under the proposed work and rest hours limits, and the proposed countermeasures that are designed to manage those risks, and

(c) the other details required under the AFM standards and business rules.

(4) An "AFM fatigue management system" is an operator’s management system for ensuring compliance with the AFM standards and business rules, including by:

(a) recording the name, driver licence number and contact details of each driver who is currently under the operator’s AFM accreditation, and

(b) ensuring that each of those drivers is in a fit state:

(i) to safely perform required duties, and

(ii) to meet any specified medical requirements, and

(c) ensuring that each of those drivers:

(i) has been inducted into the operator’s AFM fatigue management system, and

(ii) has been informed of the AFM hours under the operator’s AFM accreditation, and

(d) ensuring that anyone employed in the operator’s business, who has responsibilities relating to scheduling or managing the fatigue of those drivers:

(i) has been inducted into the operator’s AFM fatigue management system, and

(ii) has been informed of the AFM hours under the operator’s AFM accreditation.

(5) The application must also be accompanied by a declaration, declared to be made by the operator after taking all reasonable steps to ascertain the following information, of the operator’s knowledge of whether:

(a) in the 5 years immediately before the application was made, any of the following persons has contravened this Part, a corresponding fatigue law, or an Australian applicable road law and, if so, details of the contravention:

(i) the operator,

(ii) an associate of the operator, and

(b) any of the following persons has had their BFM or AFM accreditation varied or cancelled and, if so, details of the variation or cancellation:

(i) the operator,

(ii) an associate of the operator.

(6) The application must also be accompanied by an application fee approved by the Authority.

(7) The Authority, by written notice to the operator, may require the operator to give the Authority any necessary additional information.