ROAD TRANSPORT (VEHICLE AND DRIVER MANAGEMENT) REGULATION 2005

Table of Provisions

PART 1 - PRELIMINARY

• 1 Name of Regulation
• 2 Commencement
• 3 Definition
• 3A Meaning of "applicable road law"

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

• 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

• 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

• 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

• 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

• 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 Appeals against decisions to Local Court

Division 7 - Miscellaneous

• 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

• 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

• 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 - (Repealed)

PART 9 - MISCELLANEOUS

• 173 Statutory declarations by registered owners and operators
• 174 Withdrawal of formal warnings
175. (Repealed)
• 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 3