ROAD TRAFFIC (DRIVING HOURS) REGULATIONS 1999

South Australian Consolidated Regulations

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ROAD TRAFFIC (DRIVING HOURS) REGULATIONS 1999

under the Road Traffic Act 1961

TABLE OF PROVISIONS

PART 1--Preliminary

Division 1--Formal and application provisions

1. Short title
3. Main object of regulations
4. Outline of main features of regulations
5. Application of regulations

Division 2--Interpretation

6. Definitions--the dictionary etc
7. References to exemptions etc

Division 3--Some key concepts for these regulations

Subdivision A--Persons with special duties

8. What is a heavy truck, bus and commercial bus
9. Driver definitions
10. Who is an employer and responsible employee
11. Who is a consignor

Subdivision B--Driving, work and rest times

12. What is driving and driving time
13. What is work time
14. What is rest time

Subdivision C--Jurisdictions and zones

15. Definitions--jurisdictions and zones

PART 2--Regulated hours

Division 1--Introductory

16. Application ofPART 2
17. Brief outline of Part 2
18. Regulated hours -- relevant periods

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

19. Regulated hours--maximum driving times
20. Regulated hours--maximum work times
21. Regulated hours--required minimum rest times
22. Application of Division to drivers from elsewhere in the regulated zone
23. Application of Division to drivers from non-regulated zone

PART 3--Transitional fatigue management scheme

Division 1--Introductory

24. Brief outline ofPART 3
25. Registration of participants in TFMS
26. TFMS--relevant periods

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

27. Application of Division 2
28. TFMS--maximum driving times
29. TFMS--maximum work times
30. TFMS--required minimum rest times
31. Application of Division to heavy truck drivers from elsewhere in the regulated zone
32. Application of Division to heavy truck drivers from the non-regulated zone

Division 3--Other obligations of driver participants

33. Application of Division 3
34. General obligations
35. Medical examination requirements
36. Approved fatigue management training requirements
37. Minister to be told if driver certification manual lost etc

Division 4--Obligations of employer participants

38. Application of Division 4
39. General obligations
40. Minister may ask employers to ensure attendance of responsible employees at training courses

PART 4--Driving records

Division 1--Key concepts for Part 4

41. What is a driver's 100 kilometre limit
42. What is a driver's base and the garage address of a vehicle
43. What is local area work
44. What is non-local area work
45. What is a driver's logbook
46. What is an approved DSMD
47. Driving record definitions

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

48. Drivers to have logbooks etc
49. Logbook records to be made by drivers engaged in non-local area work
50. Additional logbook records to be made before engaging in non-local area work
51. Additional logbook records to be made after engaging in non-local area work
52. How information is to be recorded in logbooks
53. Exceptions to logbook record requirements
54. When and how supplementary records may be made by drivers

Division 3--Driving records for local area work

55. Application of Division 3
56. Driving records to be made by employers of drivers
57. Driving records to be made by self-employed drivers

Division 4--Inspection of driving records

58. Driving records--non-local area work

Division 5--Driving records to be kept

59. Definitions for Division 5
60. Driving records made by employed drivers--non-local area work
61. Driving records for non-local area work to be kept
62. Local area management records to be kept
63. Minister may ask for driving records to be produced

Division 6--Other offences by drivers and employers

64. Minister to be told if logbook lost etc
65. Drivers must not have more than 1 logbook
66. Possession of purported driving records etc prohibited
67. Drivers to tell employers of incorrectly operating approved DSMDs etc

Division 7--General driving record offences

68. Definitions for Division 7
69. False and misleading driving records etc prohibited
70. False representation of driving records prohibited
71. Making entries in someone else's driving records prohibited
72. Destruction of certain driving records prohibited
73. Interference with approved DSMDs prohibited

PART 5--Extended offences

74. Definitions forPART 5
75. Certain requests etc prohibited
76. Special obligation of consignors
77. Special obligation of employers
78. Special obligations--rostering and scheduling

PART 6--Issue of logbooks

79. Logbooks
80. Applications for logbooks
81. Issue of logbooks

PART 7--TFMS administration

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

82. Applications for registration
83. Driver certification manuals
84. What is a required medical certificate
85. What is a required training certificate
86. TFMS registration and issue of driver certification manuals
87. Applications for replacement driver certification manuals
88. Issue of replacement driver certification manuals

Division 2--Cancellation of registration of TFMS participants

89. Cancellation of TFMS registration on application
90. Grounds for cancellation of TFMS registration except on application
91. Cancellation of TFMS registration except on application
92. Notice of cancellation of TFMS registration of employers
93. Return of driver certification manuals

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

94. Application of Division 3
95. Reviews of participation required
96. Reports of reviews
97. Minister may audit participation

Division 4--Recommendations about TFMS registration

98. Recommendations by Minister
99. Recommendations by corresponding authorities

PART 8--Exemptions

Division 1--Key concepts for Part 8

100. What is an exemption
101. What is an emergency exemption
102. What is an FMS exemption
103. What is a limited driving hours exemption
104. What is a logbook exemption

Division 2--Emergency exemptions

105. Definitions for Division 2
106. Emergency exemptions
107. Effect of emergency exemptions

Division 3--FMS exemptions

108. FMS exemptions
109. Effect of FMS exemptions

Division 4--Limited driving hours exemptions

110. Limited driving hours exemptions
111. Effect of limited driving hours exemptions

Division 5--Logbook exemptions

112. Logbook exemptions--literacy
113. Other logbook exemptions
114. Effect of logbook exemptions

Division 6--Variation and cancellation of exemptions

115. Variation and cancellation of exemptions on application
116. Grounds for variation of exemptions except on application
117. Grounds for cancellation of exemptions except on application
118. Variation and cancellation of exemptions except on application
119. Return of exemptions etc

Division 7--Exemptions generally

120. Applications for exemption
121. Decisions by Minister on exemption applications
122. Duration of exemptions
123. Conditions of exemptions
124. Replacement of lost etc exemptions
125. Failure to comply with conditions of exemptions
126. Minister to tell corresponding authorities of certain decisions

PART 9--Enforcement, review and other matters

Division 1--Provisions about offences

127. Deciding whether persons ought reasonably to have known
128. Limited jeopardy
129. General offence and penalty for bodies corporate

Division 2--Additional enforcement powers

130. Information about exemptions
131. Information about TFMS etc
132. Information about whether drivers engaged in non-local area work
133. Information about driver's base
134. False and misleading statements

Division 3--Review and appeal

135. Certain decisions may be reviewed
136. Review of decisions
137. Appeals to District Court

Division 4--Miscellaneous

139. Declaration of relevant jurisdictions
Dictionary
Legislative history

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