TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--FATIGUE MANAGEMENT) REGULATION 2008

Queensland Consolidated Regulations

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--FATIGUE MANAGEMENT) REGULATION 2008

TABLE OF PROVISIONS

Contents

Part 1--Preliminary

Division 1--Introductory matters

1. Short title
2. Commencement
3. Main purpose of this regulation
4. Outline of the main features of this regulation

Division 2--Interpretation

5. Definitions
6. Who is a driver
7. Who is a party in the chain of responsibility

Division 3--Reasonable steps
Subdivision 1--Reasonable steps defence

8. What is the reasonable steps defence
Subdivision 2--Deciding whether person took reasonable steps
9. Matters court may consider for deciding whether person took all reasonable steps
10. When person regarded to have taken all reasonable steps—pt 2 duties
11. When person regarded to have taken all reasonable steps—reasonable steps defence
12. Application of s 57E of the Act to offences against this regulation
13. Application of s 57F of the Act to offences against this regulation
Subdivision 3--Other provisions about taking reasonable steps
14. Examples for how to take reasonable steps—identifying and assessing aspects of activities that may lead to contraventions
15. Examples for how to take reasonable steps—eliminating or minimising risks of contraventions

Part 2--Duties relating to fatigue

Division 1--Meaning of fatigue and impaired by fatigue

16. What is fatigue
17. Matters court may consider in deciding whether person is fatigued
18. What is impaired by fatigue
19. Matters court may consider in deciding whether person is impaired by fatigue

Division 2--Causation

20. Causing includes contributing to causing and encouraging

Division 3--Duty to avoid and prevent fatigue

21. Duty of driver to avoid driving while fatigued
22. Duty of party in the chain of responsibility to prevent driver driving while fatigued

Division 4--Additional duties of particular parties in the chain of responsibility
Subdivision 1--Employers, prime contractors and operators

23. Duty of employer, prime contractor or operator to ensure business practices will not cause driver to drive while fatigued etc.
24. Duty of employer not to cause driver to drive if particular requirements not complied with
25. Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with
Subdivision 2--Schedulers
26. Duty of scheduler to ensure driver's schedule will not cause driver to drive while fatigued etc.
27. Duty of scheduler not to cause driver to drive if particular requirements not complied with
Subdivision 3--Consignors and consignees
28. Duty of consignor or consignee to ensure terms of consignment will not cause driver to drive while fatigued etc.
29. Duty of consignor or consignee not to cause driver to drive if particular requirements not complied with
30. Duty of consignor or consignee not to make a demand that may result in driver driving while fatigued etc.
Subdivision 4--Loading managers
31. Duty of loading manager to ensure loading arrangements will not cause driver to drive while fatigued
32. Duty of loading manager to ensure drivers can take rest in particular circumstances

Division 5--Additional duties of particular persons for enabling other persons to comply with duties relating to fatigue

33. Duty of driver to ensure party in the chain of responsibility has relevant information
34. Duty of principal loading manager to ensure supervising loading manager aware of duties and responsibilities

Division 6--Particular requests etc. and contracts etc. prohibited

35. Particular requests etc. prohibited
36. Particular contracts etc. prohibited

Part 3--Requirements relating to work time and rest time

Division 1--Key concepts for this part
Subdivision 1--Concepts relating to work time and rest time

37. What is a driver's work and rest hours option
38. What is work time
39. What is rest time
40. What is a work and rest change
Subdivision 2--Counting time
41. Counting periods of less than 15 minutes
42. Time must be counted after rest time ends
43. Period must be counted by reference to time zone of driver's base
44. Counting time spent within participating zone
45. Counting time spent outside participating zone

Division 2--Standard work and rest arrangements

46. Purpose of div 2
47. Options about standard hours for solo driver of a bus
48. Standard hours—solo drivers
49. Standard hours—solo drivers of buses
50. Standard hours—two-up drivers
51. Defence relating to short rest breaks

Division 3--BFM work and rest arrangements

52. Purpose of div 3
53. BFM hours—solo drivers
54. Defence for solo drivers relating to split rest breaks
55. BFM hours—two-up drivers

Division 4--AFM hours

56. AFM hours
57. AFM outer limits

Division 4A--Exemptions

57A. Work and rest hour exemptions

Division 5--Changing work and rest hours option

58. Driver may change work and rest hours option
59. Driving under new work and rest hours option after change

Part 4--Requirements about record keeping

Division 1--Key concepts for this part

60. What is 200km work and 200+km work
61. What is a driver's base in particular circumstances
62. Who is a driver's record keeper
63. Person engaged to undertake particular functions must be notified of offences
64. Person engaged to operate or maintain electronic work diary must have appropriate systems and procedures
65. What is a driver's record location

Division 2--Work diary requirements
Subdivision 1--Requirement to carry work diary

66. Application of sdiv 1
67. Meaning of work diary for sdiv 1
68. Driver of fatigue regulated heavy vehicle must carry work diary
Subdivision 2--Information required to be included in work diary
69. Purpose of sdiv 2
70. How information requirements apply to a day
71. Information to be recorded immediately after starting work
72. Information to be recorded immediately before or after work and rest change
73. Information to be recorded immediately after change of base or record location
74. Information to be recorded immediately before finishing work
Subdivision 3--How information must be recorded in work diary
75. Purpose of sdiv 3
76. Recording information in written work diary
77. Recording information in electronic work diary
78. Time zone of driver's base must be used
Subdivision 4--Requirements about work diaries that are filled up etc.
79. Application of sdiv 4
80. Driver must make supplementary records in particular circumstances
81. Driver must notify chief executive if work diary filled up etc.
82. What driver must do if lost or stolen written work diary found or returned
83. Driver must notify record keeper if electronic work diary filled up etc.
84. IAP reporting entity must notify record keeper if electronic work diary malfunctioning
85. What record keeper must do if electronic work diary filled up
86. What record keeper must do if electronic work diary destroyed, lost or stolen
87. What record keeper must do if electronic work diary malfunctioning
Subdivision 5--Requirements about odometers
88. Owner must maintain odometer
89. Driver must report malfunctioning odometer
90. What owner must do if odometer malfunctioning
91. What employer or operator must do if odometer malfunctioning
Subdivision 6--Operation and maintenance of electronic work diaries
92. How electronic work diary must be operated and maintained
93. Person who operates or maintains electronic work diary must ensure driver's compliance with s 92
94. Record keeper must ensure other person's compliance with s 92

Division 3--Records relating to drivers

95. Application of div 3
96. Records record keeper must have if driver engaging in 200km work under standard hours
97. Records record keeper must have if driver engaging in 200+km work under standard hours or working under an accreditation or exemption
98. Requirements about records record keeper must make or keep
99. General requirements about driver giving information to record keeper
100. Requirements about driver giving information to record keeper if driver changes record keeper
101. Record keeper must give printouts of information from electronic work diary

Division 4--Provisions about false representations relating to work records

102. False or misleading entries
103. Possessing or using false or misleading work records prohibited
104. Keeping 2 work diaries simultaneously prohibited
105. Possession of purported work records etc. prohibited
106. False representation about work records prohibited

Division 5--Interfering with work records
Subdivision 1--Work records generally

107. Defacing or changing work records etc. prohibited
108. Making entries in someone else's work records prohibited
109. Destruction of particular work records prohibited
Subdivision 2--Electronic work diaries
110. Meaning of tampers
111. Person must not tamper with electronic work diary
112. Person operating or maintaining electronic work diary must ensure it is not tampered with
113. Driver's record keeper must ensure electronic work diary is not tampered with
114. IAP reporting entity must ensure electronic work diary is not tampered with

Division 6--Obtaining written work diary

115. Form of written work diary
116. Application for written work diary
117. Issue of written work diary

Division 7--Electronic recording systems to become electronic work diary
Subdivision 1--Approval of electronic recording systems

118. Application for approval of electronic recording system
119. Deciding application for approval
120. Steps after decision to grant approval
121. Steps after decision to refuse application
122. Effect of approval
123. Requirement to notify users of conditions of approval
Subdivision 2--Provisions about electronic work diary labels
124. Placing electronic work diary label on device
125. Effect of electronic work diary label on device
126. Prohibition on using device as electronic work diary if it is not an approved electronic recording system
Subdivision 3--Amendment or cancellation of approval
127. Amendment or cancellation of approval on application
128. Amendment or cancellation of approval without application—grounds
129. Amendment or cancellation of approval without application—procedure
130. Alternative to cancelling approval
131. Requirements if approval amended
132. Requirements if approval cancelled
133. Requirements if effect of approval continued instead of cancelled

Part 5--Accreditation and exemptions

Division 1--Preliminary

134. Who is an associate of an operator of a fatigue regulated heavy vehicle

Division 2--BFM accreditation
Subdivision 1--Obtaining BFM accreditation

135. Applying for BFM accreditation
136. Deciding application for BFM accreditation
137. Steps if BFM accreditation granted
138. Steps if BFM accreditation not granted
Subdivision 2--Operating under BFM accreditation
139. Chief executive must issue interception book for vehicle
140. Conditions of BFM accreditation
141. Driver must carry BFM accreditation details
142. General requirements applying to operator with BFM accreditation
143. Operator must give notice of amendment, suspension or ending of accreditation

Division 3--AFM accreditation
Subdivision 1--Obtaining AFM accreditation

144. Applying for AFM accreditation
145. Deciding application for AFM accreditation
146. Steps if AFM accreditation granted
147. Steps if AFM accreditation not granted
Subdivision 2--Operating under AFM accreditation
148. Chief executive must issue interception book for vehicle
149. Conditions of AFM accreditation
150. Driver must carry AFM accreditation details
151. General requirements applying to operator with AFM accreditation
152. Operator must give notice of amendment, suspension or ending of accreditation

Division 4--Exemption for emergency services

153. Emergency services exemption

Division 5--Exemption granted without an application

154. Grant of class work and rest hours exemption
155. Amendment, suspension or cancellation of class work and rest hours exemption

Division 6--Exemptions granted upon application
Subdivision 1--Preliminary

156. Definition for div 6
Subdivision 2--Exemptions that may be granted upon application
157. Chief executive may grant work and rest hours exemption
158. Chief executive may grant work diary exemption
Subdivision 3--Obtaining exemption
159. Applying for exemption generally
160. Additional requirement for application for work and rest hours exemption
161. Additional requirement for application for work diary exemption based upon driver's illiteracy
162. Additional requirement for application for work diary exemption based upon infrequency of 200+km work
163. Chief executive may request further information
164. Deciding application for exemption
165. Steps if exemption granted
166. Steps if exemption not granted
Subdivision 4--Operating under exemption
167. Compliance with conditions of exemption
168. Driver must carry copy of gazette notice or exemption notice

Division 7--Amendment or cancellation of accreditation or exemption upon application

169. Definition for div 7
170. Application for amendment or cancellation of accreditation or exemption
171. Steps if amendment or cancellation made
172. Steps if amendment or cancellation not made

Division 8--Other provisions about accreditations and exemptions

173. Return of accreditation certificate or exemption notice
174. Replacement of lost etc. accreditation certificate or exemption notice
175. Offence to falsely represent that accreditation or exemption is held
176. Offences relating to auditors

Part 6--Compliance and enforcement

177. Alternative ways of managing fatigue—Act, s 15
178. Information offences

Part 7--Provisions about decision making

Division 1--Referral of particular decisions to fatigue authorities panel

179. Fatigue authorities panel
180. Referral of decisions relating to accreditation or exemption
181. Referral of other decisions

Division 2--Mutual recognition of particular decisions

182. Mutual recognition of particular decisions

Division 3--Notification and recording of decisions

183. Notifying particular corresponding authorities of decisions
184. Register of decisions

Division 4--Review and appeal of decisions

185. Review of original decision
186. Appeal against reviewed decision

Part 8--Fees

187. Fees

Part 9--Repeal

188. Repeal of regulation

Part 10--Transitional provisions

Division 1--Preliminary

189. Definitions for pt 10
190. Acts Interpretation Act 1954, s 20 not limited
190A. Infringement notice offences

Division 2--Transitional provisions about work and rest hours option
Subdivision 1--Continuing particular work and rest hours arrangements

191. Exemption to apply to particular drivers
192. BFM hours apply to particular drivers
193. Hours under alternative compliance scheme continue to apply to particular drivers
Subdivision 2--Transferring to new work and rest hours arrangements
194. Transferring to new work and rest hours arrangements on commencement
195. Transferring to new work and rest hours arrangements after commencement

Division 3--Transitional provisions about driving records
Subdivision 1--Continuing existing record keeping requirements for a period

196. Existing logbook requirements continue to apply if using existing logbook or approved DSMD
197. Requirements under alternative compliance scheme continue to apply
Subdivision 2--Continuing particular requirements after new record keeping requirements start applying
198. Definition for sdiv 2
199. Particular information to be recorded by driver ceasing to engage in non-local area work
200. Particular information to be recorded by employer of employed driver
201. Particular information to be recorded by self-employed driver
202. Particular driving records to be given to employers
203. Non-local area work records to be kept
204. Local area work records to be kept
205. Requirements about destroyed etc. logbook
Subdivision 3--Other transitional provision about record keeping requirements
206. Driving records for non-local area work taken to be part of work diary

Division 4--Transitional provisions about registration for TFMS
Subdivision 1--Continuing effect of TFMS registration

207. Existing TFMS registration continues for 12 months
208. Existing applications for TFMS registration must be decided under repealed regulation
209. Application of repealed regulation to TFMS registration
210. Participant may end TFMS registration
Subdivision 2--Application of particular requirements after TFMS registration ends
211. Definitions for sdiv 2
212. Obligation to comply with particular notices continue after registration ends
213. Application for replacement driver certification manuals taken to be withdrawn
214. Requirement to return driver certification manual
215. Reports of review to be kept

Division 5--Transitional provisions about exemptions

216. Existing exemptions continue
217. Existing applications for exemption

Division 6--Transitional provisions about enforcement matters

218. Offences against repealed regulation continue as information offences
219. Limited jeopardy continues
220. Deferral on prohibition on driving continues
221. Requirement to give particular information continues

Division 7--Transitional provisions about review and appeal
Subdivision 1--Continuing review and appeal rights

222. Reviews about particular decisions
223. Appeals about particular decisions
Subdivision 2--Effect of decisions about refusal to register applicant in TFMS
224. Application of sdiv 2
225. Effect of review or appeal decision that person should be registered in TFMS
226. Effect of review or appeal decision that applicant should not be registered in TFMS
227. Effect of appeal decision returning matter to chief executive
Subdivision 3--Effect of decisions about refusal to cancel TFMS registration
228. Application of sdiv 3
229. Effect of review or appeal decision that person's TFMS registration be cancelled
230. Effect of review or appeal decision that person's TFMS registration not be cancelled
231. Effect of appeal decision returning matter to chief executive
Subdivision 4--Effect of decisions about refusal to grant exemption
232. Application of sdiv 4
233. Effect of review or appeal decision that person be given exemption
234. Effect of review or appeal decision that person not be given exemption
235. Effect of appeal decision returning matter to chief executive
Subdivision 5--Effect of decisions about imposition of condition on exemption
236. Application of sdiv 5
237. Effect of review or appeal decision that condition not be imposed on exemption
238. Effect of review or appeal decision that condition be imposed on exemption
239. Effect of appeal decision returning matter to chief executive

Division 8--Other transitional provisions

240. References to repealed regulation
SCHEDULE 1 -- STANDARD WORK AND REST ARRANGEMENTS AND RISK CATEGORIES FOR BREACHES
SCHEDULE 2 -- BFM WORK AND REST ARRANGEMENTS AND RISK CATEGORIES FOR BREACHES
SCHEDULE 3 -- AFM WORK AND REST HOURS ARRANGEMENTS AND RISK CATEGORIES FOR BREACHES
SCHEDULE 3A -- WORK AND REST HOURS EXEMPTIONS RISK CATEGORIES FOR BREACHES
SCHEDULE 4 -- REVIEW AND APPEAL
SCHEDULE 5 -- FEES
SCHEDULE 6 -- DICTIONARY
Endnotes

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]