Australian Capital Territory Current Acts

HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 305

    (1)     During any period in which the driver of a fatigue-regulated heavy vehicle is unable to use the driver's work diary (the existing work diary ) because of circumstances mentioned in section 304(a) or (b), the driver must record in a supplementary record the information the driver is required under Subdivision 2 to record for the period (the required information ).

Maximum penalty—$6000.

Note —

Under Subdivision 1, the driver of a fatigue-regulated heavy vehicle must keep a supplementary record for 28 days after it is made as part of the driver's work diary. See sections 292(2) and 293.

Also, under section 341, the driver's record keeper must keep the supplementary record for at least 3 years after it is made (if the record keeper is the driver) or received by the record keeper (if the record keeper is not the driver). However, the period can be less than 3 years if a condition of an exemption states a record must be kept for a period of less than 3 years.

    (2)     For a supplementary record that is not in electronic form, the required information must be recorded in the record as follows—

        (a)     the information for each day must be written on a separate page of the record;

        (b)     if, on a day, the driver changes the work and rest hours option under which the driver is working, the information for the part of the day after the change must be written on a separate page of the record;

        (c)     each page of the record must be—

              (i)     signed and dated by the driver; and

              (ii)     if the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement.

Maximum penalty—$3000.

    (3)     The driver must record time in the supplementary record according to the time zone in the place where the driver's base is, rather than the time zone in the place where the driver is.

Maximum penalty—$1500.

    (4)     Subsections (1) to (3) cease to apply—

        (a)     if the existing work diary is a written work diary, when the first of the following happens—

              (i)     the driver is issued a new written work diary, or obtains an electronic work diary that is in working order;

              (ii)     the expiry of 7 business days after the day on which the driver starts recording information under this section; or

        (b)     if the existing work diary is an electronic work diary, when the first of the following happens—

              (i)     the driver obtains a new electronic work diary that is in working order, or a written work diary;

              (ii)     the existing work diary is—

    (A)"     "if the diary is filled up—made capable of recording new information; or

    (B)     if the diary is not in working order as mentioned in section 304(b)(ii) or is malfunctioning—brought into working order;

              (iii)     the expiry of 7 business days after the day on which the driver starts recording information under this section.

Note —

If one of the circumstances in subsection (4) applies, a driver may no longer use a supplementary record to record the information required to be recorded under Subdivision 2, and if the driver does not begin to keep a work diary in accordance with section 293 then the driver commits an offence against that section.

    (5)     In this section—

"supplementary record" means a record that—

        (a)     is not made in a written or electronic work diary; but

        (b)     is in a similar form to a written or electronic work diary.