Queensland Consolidated Regulations

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--FATIGUE MANAGEMENT) REGULATION 1998 


TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

           Division 1--Introductory

   1.      Short title
   2.      Commencement
   3.      Purpose of regulation
   4.      Application of regulation

           Division 2--Interpretation

   5.      Definitions—the dictionary

           Division 3--Some key concepts for this regulation
           Subdivision 1--Persons with special duties

   6.      What is a heavy vehicle, heavy truck, bus and commercial bus
   7.      Who is a driver, employed driver and self-employed driver
   8.      Who is an employer and responsible employee
   9.      Who is a consignor
           Subdivision 2--Driving, work and rest times
   10.     What is driving and driving time
   11.     What is work time
   12.     What is rest time
           Subdivision 3--Jurisdictions and zones
   13.     Definitions—jurisdictions and zones

           Part 2--Regulated hours

           Division 1--Introductory

   14.     Application of pt 2

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

   15.     Regulated hours—maximum driving times
   16.     Regulated hours—maximum work times
   17.     Regulated hours—minimum rest times
   18.     Application of div 2 to drivers from elsewhere in regulated zone
   19.     Application of div 2 to drivers from non-regulated zone

           Part 3--Transitional Fatigue Management Scheme

           Division 1--Introductory

   20.     Definition for pt 3
   21.     TFMS established

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

   22.     Application of div 2
   23.     TFMS—maximum driving times
   24.     TFMS—maximum work times
   25.     TFMS—minimum rest times
   26.     Application of div 2 to drivers from elsewhere in regulated zone
   27.     Application of div 2 to drivers from non-regulated zone

           Division 3--General obligations of driver participants

   28.     Application of div 3
   29.     General obligations of employed drivers
   30.     General obligations of self-employed drivers
   31.     Medical examination requirements
   32.     Approved fatigue management training requirements
   33.     Chief executive to be told if driver certification manual destroyed, lost or stolen etc.

           Division 4--Obligations of employer participants

   34.     Application of div 4
   35.     General obligations
   36.     Chief executive may ask employers to produce training certificate

           Part 4--Driving records

           Division 1--Key concepts for pt 4

   37.     What is a driver's 200km limit
   38.     What is a driver's base
   39.     What is local area work and non-local area work
   40.     What is a driver's logbook and driver certification manual
   41.     What is an approved DSMD
   42.     Driving record definitions

           Division 2--Driving records for non-local area work

   43.     What is a driving record for div 2
   44.     Drivers to have logbooks etc.
   45.     Logbook records to be made by drivers engaged in non-local area work
   46.     Additional logbook records to be made by drivers before beginning to engage in non-local area work
   47.     Additional logbook records to be made by drivers after ceasing to engage in non-local area work
   48.     How information is to be recorded in logbooks
   49.     Exceptions to logbook record requirements
   50.     Supplementary records

           Division 3--Driving records for local area work

   51.     Application of div 3
   52.     Driving records to be made by employers of drivers
   53.     Driving records to be made by self-employed drivers

           Division 4--Inspection of driving records

   54.     Driving records—non-local area work

           Division 5--Driving records to be kept

   55.     Driving records made by employed drivers—non-local area work
   55A.    Employers to obtain driving records of employed drivers—non-local area work
   56.     Non-local area work records to be kept
   57.     Local area work records to be kept

           Division 6--Other logbook offences

   58.     Chief executive to be told if logbook destroyed, lost or stolen etc.
   59.     Certain changes in driver's base to be recorded in logbook
   60.     Drivers must not have more than 1 logbook
   61.     Possession of purported driving records etc. prohibited
   62.     Drivers to tell employers of incorrectly operating approved DSMDs

           Division 7--General driving record offences

   63.     What is a driving record for div 7
   64.     Making false and misleading entries in driving records etc. prohibited
   64A.    Possessing or using false and misleading driving records prohibited
   65.     False representation of driving records prohibited
   66.     Making entries in someone else's driving records prohibited
   67.     Destruction of certain driving records prohibited
   68.     Interference with approved DSMDs prohibited

           Part 5--Extended offences

   69.     Definitions for pt 5
   70.     Certain requests etc. prohibited
   71.     Special obligation of consignors
   72.     Special obligation of employers
   73.     Special obligations—rostering and scheduling

           Part 6--Issue of logbooks

   74.     Logbooks
   75.     Application for logbooks
   76.     Issue of logbooks

           Part 7--TFMS administration

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

   77.     Applications for registration
   78.     Driver certification manuals
   79.     What is a required medical certificate
   80.     What is a required training certificate
   81.     TFMS registration and issue of driver certification manuals
   82.     Applications for replacement driver certification manuals
   83.     Issue of replacement driver certification manuals

           Division 2--Cancellation of registration of TFMS participants

   84.     Cancellation of TFMS registration on application
   85.     Additional ground for cancelling TFMS registration of driver participants
   86.     Notice of cancellation of TFMS registration of employers
   87.     Return of driver certification manuals

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

   88.     Application of div 3
   89.     Reviews of participation required
   90.     Reports of reviews
   91.     Chief executive may audit participation

           Division 4--Recommendations about TFMS registration

   92.     Recommendations by chief executive
   93.     Recommendations by corresponding authorities

           Part 8--Alternative ways of managing fatigue and exemptions

   94.     Alternative ways of managing fatigue—Act, s 15
   95.     Exemptions

           Part 9--Enforcement, review and other matters

           Division 1--Provisions about offences

   95A.    Information offences
   96.     Deciding whether persons ought reasonably to have known
   97.     Limited jeopardy

           Division 2--Additional enforcement powers

   98.     Power to defer prohibition on persons driving
   100.    Information about TFMS etc.

           Division 3--Review and appeals against decisions

   102.    Review of certain decisions

           Part 10--Miscellaneous

   103.    Fees

           Part 11--Repeal and transitional provisions

           Division 1--Repeal

   104.    Regulation repealed

           Division 2--Transitional provisions

   105.    Definition for div 2
   106.    Logbooks
   107.    Fatigue management approvals
   108.    Exemptions
   109.    Applications for fatigue management approvals and exemptions
   110.    Transitional provision for Transport and Other Legislation Amendment Regulation (No. 1) 2006
           SCHEDULE 1 REVIEWABLE DECISIONS
           SCHEDULE 2 FEES
           SCHEDULE 3 DICTIONARY
           Endnotes

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