NATIONAL TRANSPORT COMMISSION (ROAD TRANSPORT LEGISLATION -- DRIVING HOURS REGULATIONS) REGULATIONS 2006 (SLI NO 20 OF 2006)

31 Application of Division to heavy truck drivers from elsewhere in the regulated zone 26

32 Application of Division to heavy truck drivers from the non‑regulated zone 27

40 Authority may ask employers to ensure attendance of responsible employees at training courses 31

50 Additional logbook records to be made before engaging in non-local area work 36

51 Additional logbook records to be made after engaging in non-local area work 37

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

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

Part 1 Preliminary

Division 1 Introductory

1 Name of regulations

These regulations are the Road Transport Reform (Driving Hours) Regulations 1998 .

2 Commencement

(1) Regulation 1 and this regulation commence on gazettal .

(2) The remaining provisions of these regulations commence on a day or days specified by the Commonwealth Minister by notice in the Commonwealth of Australia Gazette .

3 Main object of Regulations

The main object of these Regulations is to provide for the suitable management of the fatigue of drivers of heavy trucks and commercial buses by regulating the periods that they spend driving, working and resting.

4 Outline of main features of regulations

(1) These Regulations apply mainly to:

(a) employed drivers of heavy trucks and commercial buses and their employers; and

(b) self-employed drivers of heavy trucks and commercial buses.

Note Some provisions may apply to other persons, for example Part 5 (Extended offences).

(2) These Regulations provide, in Part 2 (Regulated hours), for maximum driving and work times, and minimum rest times, for drivers of heavy trucks and commercial buses.

(3) These Regulations also provide, in Part 4 (Driving records), for recording the driving, work and rest times of drivers of heavy trucks and commercial buses.

(4) A driver or employer may also seek exemption, including an FMS exemption, from various requirements of these Regulations.

Note FMS exemption is defined in regulation 102.

(5) If a driver or employer wishes to conduct heavy truck driving in a way more suitable to the driver or employer than complying with Part 2, the driver or employer may apply for registration in the Transitional Fatigue Management Scheme established by Part 3.

5 Application of Regulations

(1) These Regulations apply to heavy trucks and commercial buses, and their drivers, on roads and road-related areas.

(2) A road is an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.

(3) A road-related area is any of the following:

(a) an area that divides a road;

(b) a footpath or nature strip adjacent to a road;

(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles;

(e) any other area that is open to or used by the public and that has been declared, in accordance with section 16 of the Act, to be an area to which these Regulations apply;

but does not include an area that has been declared, in accordance with another law of this jurisdiction, not to be a road-related area for these Regulations.

Division 2 Interpretation

6 Definitions — the dictionary etc

(1) The dictionary at the end of these Regulations defines certain words and expressions, and includes references to certain words and expressions that are defined elsewhere in these Regulations ( signpost definitions ).

Example

The signpost definition ‘ commercial bus — see subregulation 8 (3)’ means that the expression commercial bus is defined in subregulation 8 (3).

Note The dictionary includes a signpost definition for a word or expression only if the word or expression is used in more than 1 regulation.

(2) The dictionary is part of these Regulations.

(3) A definition in these Regulations applies to each use of the word or expression in these Regulations, unless the contrary intention appears.

7 References to exemptions etc

In these Regulations, a reference to:

(a) an exemption includes a reference to the exemption as varied; and

(b) a variation of an exemption includes a reference to a variation of a condition of the exemption by addition, omission or substitution.

Division 3 Some key concepts for these Regulations

Subdivision A Persons with special duties

8 What is a heavy truck, bus and commercial bus

(1) A heavy truck is:

(a) a motor vehicle (except a bus or tram) with a GVM over 12 tonnes; or

(b) a motor vehicle (except a bus or tram) forming part of a combination if the total of the GVMs of the vehicles in the combination is over 12 tonnes.

(2) A bus is a motor vehicle built mainly to carry people that seats over 12 adults (including the driver).

(3) A commercial bus is a bus used to carry people for reward or in a business.

9 Driver definitions

(1) A driver is a driver of a heavy truck or commercial bus.

(2) An employed driver is a driver who is employed by someone else to drive a heavy truck or commercial bus.

(3) A driver who is not an employed driver is a self‑employed driver .

10 Who is an employer and responsible employee

(1) An employer is a person who employs someone else to drive a heavy truck or commercial bus.

(2) A responsible employee of an employer is an employee or agent of the employer who is responsible for:

(a) rostering driving, work or rest time of employed drivers; or

(b) scheduling the transport of people or goods by road;

and, if the employer is an individual, includes the employer.

11 Who is a consignor

A consignor is a person who:

(a) engages someone, directly or through an agent or other intermediary, to transport goods by road; and

(b) has possession of, or control over, the goods before they are transported; and

Subdivision B Driving, work and rest times

12 What is driving and driving time

(1) Driving is driving a heavy truck or commercial bus, and includes:

(a) being in the driving seat of a stationary heavy truck or commercial bus while the engine is running; and

(b) being in a heavy truck or commercial bus and instructing or supervising someone else to drive it.

(2) Driving time of a driver is time spent by the driver driving, whether or not the time is spent on a road or road-related area.

13 What is work time

(1) Work time of a driver is the driver’s driving time, and other time spent by the driver:

(a) loading or unloading a heavy truck or commercial bus; or

(b) inspecting, servicing or repairing a heavy truck or commercial bus, inspecting or attending to the load on a heavy truck or commercial bus, or attending to the passengers of a commercial bus; or

(d) performing marketing tasks in relation to the operation of a heavy truck or commercial bus; or

(e) helping with, or supervising, an activity mentioned in paragraphs (a) to (d); or

(f) recording information, or completing a document, in accordance with these Regulations or otherwise in relation to the operation of a heavy truck or commercial bus.

(2) In these Regulations:

"marketing tasks" includes arranging for, or canvassing for orders for, the transport of people or goods.

14 What is rest time

Rest time of a driver is a continuous period of at least 15 minutes that is not work time of the driver.

Subdivision C Jurisdictions and zones

15 Definitions — jurisdictions and zones

(1) This jurisdiction is the Australian Capital Territory and the Jervis Bay Territory.

(2) Another jurisdiction is a State or the Northern Territory.

(3) A relevant jurisdiction is:

(a) this jurisdiction; or

(b) another jurisdiction, if the law of the other jurisdiction includes provisions having the same, or substantially the same, effect as these Regulations.

(4) The regulated zone is all relevant jurisdictions.

(5) The non-regulated zone is all jurisdictions that are not relevant jurisdictions.

Part 2 Regulated hours

Division 1 Introductory

16 Application of Part 2

This Part applies to a driver unless:

(a) the driver is a heavy truck driver; and

(b) the driver is registered as a driver participant in TFMS or a corresponding TFMS; and

(c) the driver is carrying his or her current driver certification manual or corresponding driver certification manual; and

(d) if the driver is an employed driver — the driver’s employer is registered as an employer participant in TFMS or a corresponding TFMS.

Note See Division 1 of Part 7 for registration in TFMS.

17 Brief outline of Part 2

(1) This Part sets the maximum driving and work times, and minimum rest times, for drivers to whom the Part applies.

(2) These times are set by reference to 4 periods, which are called:

• relevant period 1

• relevant period 2

• relevant period 3

• relevant period 4.

(3) A driver must ensure that, for each relevant period 1, 2 or 3:

(a) the driver’s total driving time does not exceed the driver’s maximum driving time; and

(b) the driver’s total work time does not exceed the driver’s maximum work time.

(4) A driver must ensure that the driver’s rest time complies with the driver’s required minimum rest time for:

(a) any relevant period 1, 2 or 3 in which the driver drives a heavy truck; and

(b) any relevant period 1, 2 or 4 in which the driver drives a commercial bus.

18 Regulated hours — relevant periods

For this Part:

• relevant period 1 is any period of 5.5 hours

• relevant period 2 is any period of 24 hours

• relevant period 3 is any period of 168 hours

• relevant period 4 is any period of 672 hours.

Examples of the beginning and end of the relevant periods for this Part

1 The relevant periods beginning at 9.00 am on 5 May are the periods ending as follows:

� relevant period 1 ends at 2.30 pm on 5 May (that is, 5.5 hours later)

� relevant period 2 ends at 9.00 am on 6 May (that is, 24 hours later)

� relevant period 3 ends at 9.00 am on 12 May (that is, 168 hours later)

� relevant period 4 ends at 9.00 am on 2 June (that is, 672 hours later).

2 The relevant periods ending at 9.00 am on 12 May are the periods beginning as follows:

� relevant period 1 begins at 3.30 am on 12 May (that is, 5.5 hours earlier)

� relevant period 2 begins at 9.00 am on 11 May (that is, 24 hours earlier)

� relevant period 3 begins at 9.00 am on 5 May (that is, 168 hours earlier)

� relevant period 4 begins at 9.00 am on 14 April (that is, 672 hours earlier).

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

19 Regulated hours — maximum driving times

(1) For this Part, the maximum driving times of a driver are:

(a) for any relevant period 1 — 5 hours; and

(b) for any relevant period 2 — 12 hours; and

(2) A driver commits an offence if, for any relevant period 1, 2 or 3 in which the driver drives a heavy truck or commercial bus on a road or road-related area, the driver’s total driving time exceeds the driver’s maximum driving time.

Penalty:

(a) for relevant period 1 — $1,000;

(b) for relevant periods 2 and 3:

(i) if the excess is less than 1 hour — $1,000;

(ii) if the excess is at least 1 hour — $1,500.

Note Regulation 129 limits the number of times, in each relevant period, that a driver is liable for an offence.

(3) For the penalty in subregulation (2), the excess is the difference between the driver’s total and maximum driving times for the relevant period.

(4) An offence against this regulation is a strict liability offence.

20 Regulated hours — maximum work times

(1) For this Part, the maximum work times of a driver are:

(a) for any relevant period 1 — 5 hours; and

(b) for any relevant period 2 — 14 hours; and

(2) A driver commits an offence if, for any relevant period 1, 2 or 3 in which the driver drives a heavy truck or commercial bus on a road or road-related area, the driver’s total work time exceeds the driver’s maximum work time.

Penalty:

(a) for relevant period 1 — $1,000;

(b) for relevant periods 2 and 3:

(i) if the excess is less than 1 hour — $1,000;

(ii) if the excess is at least 1 hour — $1,500.

Note Regulation 129 limits the number of times, in each relevant period, that a driver is liable for an offence.

(3) For the penalty in subregulation (2), the excess is the difference between the driver’s total and maximum work times for the relevant period.

(4) An offence against this regulation is a strict liability offence.

21 Regulated hours — required minimum rest times

(1) For this Part, the required minimum rest times of a driver are rest times of:

(a) for any relevant period 1 — 30 minutes, which must be in a single period or 2 separate periods of 15 minutes; and

(b) for any relevant period 2 — 10 hours, which must include a single period of at least 6 hours not spent by the driver in or on:

(i) a heavy truck, except a heavy truck with a sleeper berth complying with ADR 42; or

(ii) a commercial bus, except a commercial bus with an approved sleeper berth; and

(c) for any relevant period 3 — 96 hours, which must include a single period of at least 24 hours not spent by the driver in or on a heavy truck or commercial bus; and

(d) for any relevant period 4 — 384 hours, which must include:

(i) 4 separate periods of at least 24 hours each; or

(ii) a single period of at least 72 hours and a separate period of at least 24 hours; or

(iii) 2 separate periods of at least 48 hours each; or

(iv) a single period of at least 96 hours;

not spent by the driver in or on a heavy truck or commercial bus.

(2) A driver commits an offence if, for any relevant period 1, 2 or 3 in which the driver drives a heavy truck on a road or road‑related area, the driver’s rest time does not comply with the driver’s required minimum rest time.

Penalty:

(a) for relevant period 1 — $1,000;

(b) for relevant periods 2 and 3:

(i) if the rest shortfall is less than 1 hour — $1,000;

(ii) for any other non-compliance — $1,500.

Note Regulation 129 limits the number of times, in each relevant period, that a driver is liable for an offence.

(3) A driver commits an offence if, for any relevant period 1, 2 or 4 in which the driver drives a commercial bus on a road or road-related area, the driver’s rest time does not comply with the driver’s required minimum rest time.

Penalty:

(a) for relevant period 1 — $1,000;

(b) for relevant periods 2 and 4:

(i) if the rest shortfall is less than 1 hour — $1,000;

(ii) for any other non-compliance — $1,500.

Note Regulation 129 limits the number of times, in each relevant period, that a driver is liable for an offence.

(4) For the penalty in subregulation (2) or (3), the rest shortfall is the difference between the driver’s rest time and the driver’s total required minimum rest time for the relevant period.

(5) An offence against this regulation is a strict liability offence.

22 Application of Division to drivers from elsewhere in the regulated zone

In applying this Division to a driver, any time spent by the driver in another jurisdiction in the regulated zone is treated in the same way as it would have been treated if the time had been spent in this jurisdiction.

Note Regulated zone is defined in regulation 15.

23 Application of Division to drivers from non-regulated zone

(1) This regulation applies to a driver if the driver drives a heavy truck or commercial bus into this jurisdiction from the non‑regulated zone.

Note Non-regulated zone is defined in regulation 15.

(2) In applying this Division to the driver:

(a) any driving, work or rest time of the driver before the start of his or her last 6 hour rest break before entering this jurisdiction is disregarded; and

(b) any driving, work or rest time of the driver after the start of that rest break is taken into account; and

(c) any time spent by the driver in the non-regulated zone (or another jurisdiction in the regulated zone) after the start of that rest break is treated in the same way as it would have been treated if the time had been spent in this jurisdiction.

Part 3 Transitional fatigue management scheme

Division 1 Introductory

24 Brief outline of Part 3

(1) This Part:

(a) establishes the Transitional Fatigue Management Scheme ( TFMS ) for heavy truck drivers and the employers of heavy truck drivers; and

(b) provides for other matters about TFMS.

Note This Part applies only to the driving of heavy trucks. However, driving, work and rest time spent in relation to commercial buses is taken into account in working out the driving, work and rest times of heavy truck drivers.

(2) This Part also sets maximum driving and work times, and minimum rest times, for heavy truck drivers to whom TFMS applies by reference to 3 periods, which are called:

• relevant period 1

• relevant period 2

• relevant period 3.

(3) A heavy truck driver to whom TFMS applies must ensure that, for each relevant period applying to the driver:

(a) the driver’s total driving time does not exceed the driver’s maximum driving time; and

(b) the driver’s total work time does not exceed the driver’s maximum work time; and

25 Registration of participants in TFMS

A person may be registered as a driver or employer participant in TFMS under Division 1 of Part 7.

Note Part 7 deals with TFMS administration.

26 TFMS — relevant periods

For this Part:

• relevant period 1 is any period of 5.5 hours

• relevant period 2 is any period of 24 hours

• relevant period 3 is any period of 336 hours.

Examples of the beginning and end of the relevant periods for this Part

1 The relevant periods beginning at 9.00 am on 5 May are the periods ending as follows:

� relevant period 1 ends at 2.30 pm on 5 May (that is, 5.5 hours later)

� relevant period 2 ends at 9.00 am on 6 May (that is, 24 hours later)

� relevant period 3 ends at 9.00 am on 19 May (that is, 336 hours later).

2 The relevant periods ending at 9.00 am on 19 May are the periods beginning as follows:

� relevant period 1 begins at 3.30 am on 19 May (that is, 5.5 hours earlier)

� relevant period 2 begins at 9.00 am on 18 May (that is, 24 hours earlier)

� relevant period 3 begins at 9.00 am on 5 May (that is, 336 hours earlier).

Division 2 Driving, work and rest times of TFMS drivers

27 Application of Division 2

This Division applies to a driver only if:

(a) the driver is a heavy truck driver; and

(b) the driver is registered as a driver participant in TFMS or a corresponding TFMS; and

(c) the driver is carrying his or her current driver certification manual or corresponding driver certification manual; and

(d) if the driver is an employed driver — the driver’s employer is also registered as an employer participant in TFMS or a corresponding TFMS.

Note 1 If this Division does not apply to the driver of a heavy truck, Part 2 applies to the driver — see regulation 16.

Note 2 See Division 1 of Part 7 for registration in TFMS.

28 TFMS — maximum driving times

(1) For this Division, the maximum driving times of a driver are:

(a) for any relevant period 1 — 5 hours; and

(b) for any relevant period 2 — 14 hours; and

(2) However, if at any time in any relevant period 2 the driver is a two-up driver, the driver’s maximum driving time for the period is 12 hours.

(3) A driver commits an offence if, for any relevant period in which the driver drives a heavy truck on a road or road-related area, the driver’s total driving time exceeds the driver’s maximum driving time.

Penalty:

(a) for relevant period 1 — $1,000;

(b) for relevant periods 2 and 3:

(i) if the excess is less than 1 hour — $1,000;

(ii) if the excess is at least 1 hour — $1,500.

Note Regulation 129 limits the number of times, in each relevant period, that a driver is liable for an offence.

(4) For the penalty in subregulation (3), the excess is the difference between the driver’s total and maximum driving times for the relevant period.

(5) An offence against this regulation is a strict liability offence.

29 TFMS — maximum work times

(1) For this Division, the maximum work times of a driver are:

(a) for any relevant period 1 — 5 hours; and

(b) for any relevant period 2 — 14 hours; and

(2) A driver commits an offence if, for any relevant period in which the driver drives a heavy truck on a road or road-related area, the driver’s total work time exceeds the driver’s maximum work time.

Penalty:

(a) for relevant period 1 — $1,000;

(b) for relevant periods 2 and 3:

(i) if the excess is less than 1 hour — $1,000;

(ii) if the excess is at least 1 hour — $1,500.

Note Regulation 129 limits the number of times, in each relevant period, that a driver is liable for an offence.

(3) For the penalty in subregulation (2), the excess is the difference between the driver’s total and maximum work times for the relevant period.

(4) An offence against this regulation is a strict liability offence.

30 TFMS — required minimum rest times

(1) For this Division, the required minimum rest times of a driver are rest times of:

(a) for any relevant period 1 — 30 minutes, which must be in a single period or 2 separate periods of 15 minutes; and

(b) for any relevant period 2 — 10 hours, which must include a single period of at least 6 hours not spent by the driver in or on:

(i) a heavy truck, except a heavy truck with a sleeper berth complying with ADR 42; or

(ii) a commercial bus, except a commercial bus with an approved sleeper berth; and

(c) for any relevant period 3 — 192 hours, which must include 2 single periods of at least 24 hours each not spent by the driver in or on a heavy truck or commercial bus.

(2) For a single period of at least 24 hours mentioned in paragraph (1) (c), 1 continuous period of up to 1 hour spent in the period cleaning or refuelling a heavy truck or commercial bus (other than at the direction of his or her employer) is taken to be rest time of the driver if the beginning and end of the cleaning or refuelling are separated by at least 3 hours from the beginning and end of driving or work time.

(3) A driver commits an offence if, for any relevant period in which the driver drives a heavy truck on a road or road-related area, the driver’s rest time does not comply with the driver’s required minimum rest time.

Penalty:

(a) for relevant period 1 — $1,000;

(b) for relevant periods 2 and 3:

(i) if the rest shortfall is less than 1 hour — $1,000;

(ii) for any other non-compliance — $1,500.

Note Regulation 129 limits the number of times, in each relevant period, that a driver is liable for an offence.

(4) For the penalty in subregulation (3), the rest shortfall is the difference between the driver’s rest time and the driver’s total required minimum rest time for the relevant period.

(5) An offence against this regulation is a strict liability offence.

31 Application of Division to heavy truck drivers from elsewhere in the regulated zone

In applying this Division to a heavy truck driver, any time spent by the driver in another jurisdiction in the regulated zone is treated in the same way as it would have been treated if the time had been spent in this jurisdiction.

Note Regulated zone is defined in regulation 15.

32 Application of Division to heavy truck drivers from the non‑regulated zone

(1) This regulation applies to a driver if the driver drives a heavy truck into this jurisdiction from the non-regulated zone.

Note Non-regulated zone is defined in regulation 15.

(2) In applying this Division to the driver:

(a) any driving, work or rest time of the driver before the start of his or her last 6-hour rest break before entering this jurisdiction is disregarded; and

(b) any driving, work or rest time of the driver after the start of that rest break is taken into account; and

Division 3 Other obligations of driver participants

33 Application of Division 3

(1) This Division applies to a driver who is registered as a driver participant in TFMS.

(2) Subregulation 34 (1) also applies to a driver who is registered as a driver participant in a corresponding TFMS.

34 General obligations

(1) If a driver becomes, or ceases to be, employed to drive a heavy truck, the driver must immediately record in his or her driver certification manual, as required by the instructions in the manual, the day and time when the driver became, or ceased to be, employed and, if the driver became employed:

(a) the employer’s name and the address of the place where the employer manages the employment of drivers; and

(b) whether the employer is registered as an employer participant in TFMS; and

Penalty: $1,500.

(2) A self-employed driver must:

(a) manage the driver’s driving, work and rest times so the driver can comply with this Part; and

(b) keep complete and accurate records showing that the driver has complied with paragraph (a).

(3) In this regulation:

"driver certification manual" includes a corresponding driver certification manual.

"TFMS" includes a corresponding TFMS.

35 Medical examination requirements

(1) The Authority may, by written notice given to a driver, ask the driver to:

(a) undergo a medical examination in accordance with the required medical standards; and

(b) give his or her driver certification manual to the examining doctor for inclusion of the certificate mentioned in subregulation (2); and

(2) The certificate must state:

(a) the name and address of the doctor; and

(b) that the doctor examined the driver in accordance with the required medical standards; and

(d) that the person met, or did not meet, the required medical standards.

(3) The time stated in the notice must be at least 7 days after the notice is given to the driver.

(4) The driver must comply with the notice.

Penalty for subregulation (4): $500.

36 Approved fatigue management training requirements

(1) The Authority may, by written notice given to a driver, ask the driver to:

(a) attend an approved fatigue management training course; and

(b) give his or her driver certification manual to the trainer conducting the course for inclusion of the certificate mentioned in subregulation (2); and

(2) The certificate must state:

(a) the name and address of the trainer; and

(b) that the driver finished an approved fatigue management training course conducted by the trainer; and

(3) The time stated in the notice must be at least 28 days after the notice is given to the driver.

(4) The driver must comply with the notice.

Penalty for subregulation (4): $500.

37 Authority to be told if driver certification manual lost etc

(1) If a driver’s driver certification manual is destroyed, lost or stolen, the driver must tell the Authority, in writing, as soon as practicable (but within 2 business days) after becoming aware that the manual has been destroyed, lost or stolen.

Penalty: $500.

(2) If a lost or stolen driver certification manual (the earlier manual ) is found or returned to the driver after a replacement driver certification manual has been issued to the driver, the driver must give the earlier manual to the Authority as soon as practicable (but within 3 business days) after the manual is found or returned.

Penalty: $500.

Division 4 Obligations of employer participants

38 Application of Division 4

This Division applies to an employer who is registered as an employer participant in TFMS.

39 General obligations

The employer must:

(a) manage employed heavy truck drivers, including their driving, work and rest times, so that they are able to comply with this Part; and

(b) ensure that each responsible employee of the employer attends any approved fatigue management training course required under this Division; and

(i) that the employer has complied with paragraphs (a) and (b); and

(ii) the medical examinations undergone by the employer’s employed truck drivers for these Regulations; and

(iii) the approved fatigue management training courses attended by the employer’s employed truck drivers and responsible employees.

Note Contravention of these Regulations is a ground for cancellation of an employer’s registration as an employer participant in TFMS: see paragraph 90 (b).

40 Authority may ask employers to ensure attendance of responsible employees at training courses

(1) The Authority may, by written notice given to the employer, ask the employer to:

(a) ensure that all or stated responsible employees of the employer attend an approved fatigue management training course (a training course ); and

(b) obtain the certificate mentioned in subregulation (2) for each person who finishes a training course from the trainer who conducted the course; and

(2) The certificate must state:

(a) the name and address of the trainer; and

(b) that the person named in the certificate finished a training course conducted by the trainer; and

(3) The time stated in the notice must be at least 28 days after the notice is given to the employer.

(4) The employer must comply with the notice.

Penalty for subregulation (4): $500.

Part 4 Driving records

Division 1 Key concepts for Part 4

41 What is a driver’s 100 kilometre limit

For the driver of a heavy truck or commercial bus, the 100 kilometre limit is the circumference of a notional circle of which:

(a) the centre is the driver’s base; and

(b) the radius is 100 kilometres.

42 What is a driver’s base and the garage address of a vehicle

(1) The base of the driver of a heavy truck or commercial bus is the vehicle’s garage address.

(2) The vehicle’s garage address is the principal depot or base of operations of the vehicle.

(3) However, if the driver operates and receives instructions from another place that is recorded in the driver’s logbook as the driver’s base, the other place is the driver’s base .

(4) For this regulation, if a driver is a self-employed driver and an employed driver at different times, the driver may have one base as a self-employed driver and another base as an employed driver.

(5) For this regulation, if a driver has 2 or more employers, the driver may have a different base in relation to each employer.

43 What is local area work

The driver of a heavy truck or commercial bus is engaged in local area work if the driver is driving the vehicle within the driver’s 100 kilometre limit.

44 What is non-local area work

The driver of a heavy truck or commercial bus is engaged in non-local area work if the driver is driving the vehicle beyond the driver’s 100 kilometre limit.

45 What is a driver’s logbook

A driver’s logbook is a logbook issued to the driver under regulation 81, and, in this Part, includes a corresponding logbook.

46 What is an approved DSMD

An approved DSMD is an automatic recording device of a type that is approved as a driver-specific monitoring device by the Ministerial Council.

Note Information about approved DSMDs can be obtained from the National Road Transport Commission, PO Box 13105, Law Courts, Melbourne Vic 3001 or through the National Road Transport Commission web site (URL: www.nrtc.gov.au) .

47 Driving record definitions

(1) A driving record is:

(a) a logbook; or

(b) a record made by an approved DSMD under paragraph 53 (b); or

(d) a local area management record.

(2) A supplementary record is a record made under regulation 54 (When and how supplementary records may be made by drivers).

(3) A local area management record is a record made under Division 3 (Driving records for local area work).

Division 2 Driving records for non-local area work

48 Drivers to have logbooks etc

(1) A driver must not engage in non‑local area work unless the driver has a logbook in which the driver can record information under this Division in accordance with regulation 52 (How information is to be recorded in logbooks).

Penalty: $1,500.

(2) The driver must carry the logbook while engaging in non-local area work.

Penalty: $1,500.

(3) It is a defence to an offence against this regulation if, at the time of the offence:

(a) the driver’s logbook had been completed, destroyed, lost or stolen; and

(b) the driver had not been issued with a replacement logbook; and

(d) the driver was making a supplementary record in the period.

49 Logbook records to be made by drivers engaged in non‑local area work

(1) This regulation applies to a driver for a day on which the driver engages in non-local area work.

(2) Before the driver’s first period of driving or work time anywhere on the day, the driver must record the following information in the driver’s logbook:

(a) the day of the week and date;

(b) the driver’s name and current driver licence number;

Penalty: $1,500.

(3) The driver must record the registration number of each heavy truck or commercial bus driven anywhere by the driver on the day in his or her logbook before the driver begins to drive the vehicle for the first time on the day.

Penalty: $1,500.

(4) Immediately before or after each change of activity on the day, the driver must record the following information in the driver’s logbook:

(a) the change of activity;

(b) the driving time, other work time or rest time spent anywhere by the driver since the last change of activity;

(d) if the driver is or becomes a two-up driver — the name and current driver licence number of the other driver in the two-up driving arrangement.

Penalty: $1,500.

(5) A change of activity for the driver is a change from:

(a) driving time to other work time; or

(b) work time (except driving time) to driving time; or

(d) rest time to driving time; or

(e) work time (except driving time) to rest time; or

(f) rest time to work time (except driving time); or

(g) being a solo driver to being a two-up driver; or

(h) being a two-up driver to being a solo driver.

(6) An offence against this regulation is a strict liability offence.

(7) However, if subregulation (2), (3) or (4) requires the driver to record information in his or her logbook before beginning to engage in non-local area work on a day, it is a defence to an offence against the subregulation if the driver proves that, at the time of the offence:

(a) the driver was unaware that the driver would be engaging in non-local area work on the day; and

(b) the driver recorded the information in his or her logbook as soon as practicable after becoming aware that the driver would be engaging in non-local area work on the day.

(8) If this regulation (or regulation 50 or 51) applies to 2 drivers who are in a two-up driving arrangement, each driver must separately record information in his or her logbook.

50 Additional logbook records to be made before engaging in non-local area work

(1) In this regulation:

required information means the information mentioned in subregulations 49 (2), (3) and (4) for the period since the start of the driver’s last 6 hour rest break (whether or not the rest break was spent in this jurisdiction), but does not include information f or a day on which the driver engages in non-local area work.

Note Regulation 49 deals with information for a day on which the driver engages in non-local area work.

(2) Before a driver begins to engage in non-local area work on a day, the driver must record the required information in his or her logbook.

Penalty: $1,500.

(3) An offence against this regulation is a strict liability offence.

51 Additional logbook records to be made after engaging in non-local area work

(1) In this regulation:

"cut-off time" means the start of the driver’s next 6 hour rest break, whether or not the rest break is spent in this jurisdiction.

required information means the information mentioned in subregulations 49 (2), (3) and (4), but does not include information for a day on which the driver engages in non-local area work.

Note Regulation 49 deals with information for a day on which the driver engages in non-local area work.

(2) After a driver stops engaging in non-local area work, the driver must continue to record the required information in his or her logbook until the cut-off time.

Penalty: $1,500.

(3) An offence against this regulation is a strict liability offence.

52 How information is to be recorded in logbooks

(1) The records to be made in a logbook by a driver must be made in the following way:

(a) the information for each day must be written on a separate daily sheet in a logbook that has not been cancelled by the Authority;

(b) information must be written on a daily sheet as required by the instructions in the logbook for recording information on daily sheets;

(d) each daily sheet must be signed and dated by the driver;

(e) information must be written on a daily sheet with enough pressure to ensure that a readable record of the information appears on the duplicate daily sheet;

(f) other information must be written in the logbook as required by the instructions in the logbook for the recording of the information.

Penalty: $500.

(2) An offence against this regulation is a strict liability offence.

53 Exceptions to logbook record requirements

Regulations 48 to 52 do not apply to a driver in relation to information if:

(a) regulation 54 (When and how supplementary records may be made by drivers) applies to the driver and the driver records the information in accordance with the regulation; or

(b) the driver records the information using an approved DSMD that is operating as required by the manufacturer’s instructions.

54 When and how supplementary records may be made by drivers

(1) This regulation applies to a driver if:

(a) the driver’s logbook is completed, destroyed, lost or stolen; and

(b) the driver has not been issued with a replacement logbook; and

(2) This regulation also applies to a driver if:

(a) the driver is not carrying a logbook in which the driver can record information under this Division in accordance with regulation 52 (How information is to be recorded in logbooks); and

(b) the driver is driving a heavy truck or commercial bus fitted with an approved DSMD that is not operating as required by the manufacturer’s instructions; and

(3) The driver must record information required by regulations 48 to 51 in a way that is at least as accurate and understandable as, and in a similar form to, records made in a logbook.

Penalty: $1,500.

(4) An offence against this regulation is a strict liability offence.

Division 3 Driving records for local area work

55 Application of Division 3

This Division applies in relation to a driver who is engaged in local area work.

56 Driving records to be made by employers of drivers

(1) The employer of an employed driver must record the following information:

(a) the driver’s name;

(b) the date of each day when the driver drives a heavy truck or commercial bus;

(c) an estimate of the total of the driver’s driving, work and rest times on each day when the driver drives a heavy truck or commercial bus;

(d) an estimate of the total of the driver’s driving, work and rest times for each week in which the driver drives a heavy truck or commercial bus.

Penalty: $1,500.

(2) The records may be made as part of other records made by the employer.

57 Driving records to be made by self-employed drivers

(1) A self-employed driver must record the following information:

(a) the date of each day when the driver drives a heavy truck or commercial bus;

(b) an estimate of the total of the driver’s driving, work and rest times on each day when the driver drives a heavy truck or commercial bus;

(c) an estimate of the total of the driver’s driving, work and rest times for each week in which the driver drives a heavy truck or commercial bus.

Penalty: $1,500.

(2) The records may be made as part of other records made by the driver.

Division 4 Inspection of driving records

58 Driving records — non-local area work

(1) If a driver is engaged in non-local area work, or has been engaged in non-local area work at any time in the last 28 days, the driver must, while driving a heavy truck or commercial bus, carry his or her driving records for the last 28 days, irrespective of the number of days in that period on which the driver drove a heavy truck or commercial bus.

Penalty: $1,500.

(2) If an authorised person suspects on reasonable grounds that a driver is engaged in non-local area work, or has been engaged in non‑local area work at any time in the last 28 days, the authorised person may ask the driver to produce for inspection his or her driving records for the last 28 days, irrespective of the number of days in that period on which the driver drove a heavy truck or commercial bus.

(3) The driver must immediately produce his or her driving records for the last 28 days for inspection by the authorised person.

Penalty: $1,500.

(4) It is a defence to an offence against this regulation if, at the time of the offence, the driving records had been destroyed, lost or stolen.

(5) The authorised person may annotate the driving records, and may sign and date an annotation.

(6) In this regulation:

driving record :

(a) includes a corresponding driving record; but

(b) does not include a local area management record.

Division 5 Driving records to be kept

59 Definitions for Division 5

In this Division:

"driving record" includes a corresponding driving record.

"local area management record" includes a local area management record made under a corresponding law for Division 3.

60 Driving records made by employed drivers — non‑local area work

An employed driver must give a copy of the driver’s driving records for non-local area work on a day to the driver’s employer (or, if the driver has 2 or more employers on the day, a copy of the records to each employer):

(a) if the driver and employer are both registered participants in TFMS — within 28 days after that day; and

(b) in any other case — within 21 days after that day.

Penalty: $1,500.

61 Driving records for non-local area work to be kept

(1) An employer must keep the copy of a driver’s driving records given to the employer for the driver’s non-local area work on a day for at least 12 months after that day at the place where the employer manages the employment of the driver.

Penalty: $1,500.

(2) A self-employed driver must keep the driver’s driving records for non-local area work on a day for at least 12 months after that day at the driver’s base.

Penalty: $1,500.

62 Local area management records to be kept

(1) An employer must keep local area management records made in relation to a driver for a day for at least 12 months after that day at the place where the employer manages the employment of the driver.

Penalty: $1,500.

(2) A self-employed driver must keep the driver’s local area management records for a day for at least 12 months after that day at the driver’s base.

Penalty: $1,500.

63 Authority may ask for driving records to be produced

(1) The Authority may, by written notice given to a person who is required under this Division to keep driving records, ask the person to produce stated driving records to the Authority for inspection within the time stated in the notice.

(2) The time stated in the notice must be at least 7 days after the notice is given to the person.

(3) The person must comply with the notice.

Penalty for subregulation (3): $1,500.

Division 6 Other offences by drivers and employers

64 Authority to be told if logbook lost etc

(1) If a logbook issued to a driver is destroyed, lost or stolen, the driver must tell the Authority, in writing, as soon as practicable (but within 2 business days) after becoming aware that the logbook has been destroyed, lost or stolen.

Penalty: $500.

(2) If a lost or stolen driver’s logbook (the earlier logbook ) is found or returned to the driver after a replacement logbook has been issued to the driver, the driver must:

(a) immediately cancel any unused daily sheets in the earlier logbook by writing ‘cancelled’ in large letters across each unused sheet; and

(b) give the earlier logbook to the Authority as soon as practicable (but within 3 business days) after the logbook is found or returned.

Penalty: $500.

65 Drivers must not have more than 1 logbook

A driver must not have in his or her possession more than 1 logbook in which information can be recorded on a daily sheet.

Penalty: $1,500.

66 Possession of purported driving records etc prohibited

(1) A driver or employer must not have in his or her possession something purporting to be a driving record or driver certification manual if the driver or employer knows, or reasonably ought to know, that it is not a driving record or driver certification manual.

Penalty: $1,500.

(2) In this regulation:

"driver certification manual" includes a corresponding driver certification manual.

"driving record" includes a corresponding driving record.

67 Drivers to tell employers of incorrectly operating approved DSMDs etc

An employed driver must tell his or her employer as soon as practicable if the driver knows or suspects on reasonable grounds that an approved DSMD fitted in a heavy truck or commercial bus driven by the driver for the employer is not operating as required by the manufacturer’s specifications.

Penalty: $1,000.

Note Approved DSMD is defined in regulation 46.

Division 7 General driving record offences

68 Definitions for Division 7

In this Division:

"driving record" includes a corresponding driving record.

"entry" , in a driving record, includes an annotation made in the record by an authorised person.

69 False and misleading driving records etc prohibited

A person must not:

(a) make an entry in a driving record that the person knows, or reasonably ought to know, is false or misleading in a material respect; or

(b) deface or change an entry in a driving record that the person knows, or reasonably ought to know, is correct.

Penalty: $1,500.

70 False representation of driving records prohibited

A person must not falsely represent that a driving record, or an entry in a driving record, was made by the person.

Penalty: $1,500.

71 Making entries in someone else’s driving records prohibited

(1) A person must not make an entry in someone else’s driving record.

Penalty: $1,500.

(2) Subregulation (1) does not apply if the person is the nominee of a driver and makes the entry in the driver’s logbook as required by a logbook exemption applying to the driver.

72 Destruction of certain driving records prohibited

If a driving record is required under this Part to be kept for a particular period by a person, the person or someone else must not destroy the record before the end of the period.

Penalty: $1,500.

73 Interference with approved DSMDs prohibited

A person must not interfere with the operation of an approved DSMD.

Penalty: $1,500.

Note Approved DSMD is defined in regulation 46.

Part 5 Extended offences

74 Definitions for Part 5

In this Part:

core driving hours offence means an offence against any of the following provisions or a corresponding law:

• regulation 19 (Regulated hours — maximum driving times)

• regulation 20 (Regulated hours — maximum work times)

• regulation 21 (Regulated hours — required minimum rest times)

• regulation 28 (TFMS — maximum driving times)

• regulation 29 (TFMS — maximum work times)

• regulation 30 (TFMS — required minimum rest times).

"driving record offence" means an offence against a provision of Part 4 (Driving records) or a corresponding law.

"speeding offence" means an offence against the law of this or another jurisdiction that involves driving a heavy truck or commercial bus at a speed over the speed-limit.

75 Certain requests etc prohibited

A person must not ask, direct or require, directly or indirectly, a driver to do something if the person knows, or reasonably ought to know, that by complying the driver would, or would be likely to, commit:

(a) a core driving hours offence; or

(b) a driving record offence; or

Penalty: $1,500.

Example of requirement

A requirement that is an express or implied condition of the driver’s engagement.

76 Special obligation of consignors

A consignor must not engage someone to transport goods by road if the consignor knows, or reasonably ought to know, that by complying with an express or implied condition of the engagement the driver of a heavy truck or commercial bus transporting the goods would, or would be likely to, commit:

(a) a core driving hours offence; or

(b) a driving record offence; or

Penalty: $1,500.

Note Consignor is defined in regulation 11.

77 Special obligation of employers

An employer must not allow an employed driver to drive a heavy truck or commercial bus for the employer if the employer knows, or reasonably ought to know, that by driving the vehicle the driver would, or would be likely to, commit a core driving hours offence.

Penalty: $1,500.

78 Special obligations — rostering and scheduling

(1) An employer, or a responsible employee of an employer, must not roster driving, work or rest time of an employed driver if the employer or responsible employee knows, or reasonably ought to know, that by complying with the roster the driver would, or would be likely to, commit a core driving hours offence.

Penalty: $1,500.

Note Responsible employee is defined in subregulation 10 (2).

(2) An employer, or a responsible employee of an employer, must not schedule the transport of people or goods by road if the employer or employee knows, or reasonably ought to know, that by complying with the schedule the driver of the heavy truck or commercial bus transporting the people or goods would, or would be likely to, commit:

(a) a core driving hours offence; or

(b) a speeding offence.

Penalty: $1,500.

Part 6 Issue of logbooks

79 Logbooks

(1) A logbook is a logbook issued by the Authority that complies with this regulation.

(2) The logbook must contain:

(a) a unique identifying number for the logbook; and

(b) sequentially numbered sheets for making daily records; and

(d) a duplicate of:

(i) each daily sheet; and

(ii) any application form in the logbook; and

(e) instructions for use of the logbook.

(3) The logbook may contain an application form for the issue of a logbook.

(4) When the logbook is used as required by the instructions in the logbook, information written on a daily sheet or application form must be automatically copied on the duplicate daily sheet or application form.

(5) The logbook must be in the form that is approved by the Ministerial Council.

80 Applications for logbooks

(1) A driver who wishes to be issued with a logbook (including a replacement logbook) must apply in person to the Authority using the application form provided by the Authority.

(2) If the application is for a logbook to replace a logbook (the existing logbook ) that has been previously issued to the driver, the driver must give the existing logbook to the Authority with the application unless the existing logbook has been destroyed, lost or stolen.

(3) If the driver gives the existing logbook to the Authority, the Authority must:

(a) cancel any unused daily sheets in the logbook; and

(b) return the logbook to the driver when the Authority issues the replacement logbook to the driver.

(4) If the application is for a logbook to replace a logbook that has been destroyed, lost or stolen, the application must:

(a) state the logbook’s number and that it has been destroyed, lost or stolen; and

(b) briefly outline the circumstances of the destruction, loss or theft.

(5) An application form provided by the Authority must be in the form that is approved by the Ministerial Council.

81 Issue of logbooks

(1) The Authority must issue a logbook to a driver if the driver:

(a) applies to the Authority in accordance with regulation 80; and

(b) identifies himself or herself by showing the driver’s current driver licence to the Authority; and

(2) If the Authority issues a logbook to a driver, it must annotate the logbook to show the date, time and place of issue.

(3) The Authority may also annotate the logbook in other ways.

Part 7 TFMS administration

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

82 Applications for registration

(1) If an employed or self-employed heavy truck driver wishes to be registered as a driver participant in TFMS, the driver may apply to the Authority using the application form in a driver certification manual issued by the Authority.

(2) The application must include the required medical certificate and required training certificate and must be in duplicate.

(3) If the employer of a heavy truck driver wishes to be registered as an employer participant in TFMS, the employer may apply to the Authority using the application form provided by the Authority.

(4) An applicant must pay an application fee of $50.

83 Driver certification manuals

(1) A driver certification manual is a manual issued by the Authority that complies with this regulation.

(2) The driver certification manual must contain:

(a) an application form for registration as a driver participant in TFMS, including provision for the required medical and training certificates; and

(b) provision for a unique identifying number for the manual; and

(d) provision for recording employers’ names and the addresses of places where the employers manage the employment of drivers; and

(e) provision for recording whether an employer is registered as an employer participant in TFMS and, if so, for recording the employer’s TFMS registration number; and

(f) instructions for use of the manual.

84 What is a required medical certificate

(1) For regulation 82, the required medical certificate is a certificate of a doctor who examined the applicant in accordance with the required medical standards within 12 months before the making of the application.

(2) The medical certificate must state:

(a) the name and address of the doctor; and

(b) that the doctor examined the applicant in accordance with the required medical standards; and

(d) the date of the medical examination.

85 What is a required training certificate

(1) For regulation 82, the required training certificate is a certificate by the trainer who conducted an approved fatigue management training course finished by the applicant.

(2) The training certificate must state:

(a) the name and address of the trainer; and

(b) that the applicant finished an approved fatigue management training course conducted by the trainer; and

86 TFMS registration and issue of driver certification manuals

(1) The Authority may, on application made in accordance with regulation 82:

(a) if the application is for registration as a driver participant in TFMS — register the applicant as a driver participant in TFMS; and

(b) if the application is for registration as an employer participant in TFMS — register the applicant as an employer participant in TFMS.

(2) However, the Authority must not register the applicant if the applicant was previously registered as a participant in TFMS or a corresponding TFMS and the applicant’s registration was cancelled less than 3 months before the applicant again applied for registration.

(3) After registering an applicant as a driver participant in TFMS, the Authority must:

(a) give a unique identifying TFMS registration number to the applicant; and

(b) annotate the applicant’s driver certification manual to show the TFMS registration number and the date, time and place of registration; and

(4) After registering an applicant as an employer participant in TFMS, the Authority must:

(a) give a TFMS registration number to the applicant; and

(b) tell the applicant in writing of the number.

(5) If the Authority decides not to register an applicant, the Authority must give the applicant written reasons for the decision and tell the applicant in writing that the applicant may apply to have the decision reconsidered.

87 Applications for replacement driver certification manuals

(1) If a driver who is registered as a driver participant in TFMS wishes to be issued with a replacement driver certification manual, the driver must apply to the Authority using the application form provided by the Authority.

(2) If the application is for a driver certification manual to replace a driver certification manual that has been destroyed, lost or stolen, the application must:

(a) state that the manual has been destroyed, lost or stolen; and

(b) briefly outline the circumstances of the destruction, loss or theft.

(3) The Authority may require the driver to give the driver’s current driver certification manual to the Authority with the application unless the manual has been destroyed, lost or stolen.

(4) If the driver gives the current driver certification manual to the Authority, the Authority must return the manual to the driver when the Authority issues a replacement driver certification manual to the driver.

88 Issue of replacement driver certification manuals

(1) The Authority must issue a replacement driver certification manual to a driver if the driver:

(a) applies to the Authority in accordance with regulation 87; and

(b) pays an application fee of $50.

(2) If the Authority issues a replacement driver certification manual to a driver, the Authority must annotate the manual to show the driver’s TFMS registration number and the date, time and place of the driver’s TFMS registration.

(3) The Authority may also annotate the driver certification manual in other ways.

Division 2 Cancellation of registration of TFMS participants

89 Cancellation of TFMS registration on application

(1) The Authority may cancel the registration of a person as a driver or employer participant in TFMS if the person applies in writing to the Authority for its cancellation.

(2) The Authority must tell the person in writing of the Authority’s decision.

(3) If the Authority decides to cancel the registration, the cancellation takes effect on the day when the person is told of the decision by the Authority.

(4) If the Authority decides not to cancel the registration, the Authority must give the applicant written reasons for the decision and tell the applicant in writing that the applicant may apply to have the decision reconsidered.

90 Grounds for cancellation of TFMS registration except on application

The grounds for cancellation of the registration of a person as a driver or employer participant in TFMS, except on application, are:

(a) that the person’s application for registration was false or misleading in a material respect; or

(b) that the person has contravened the Act, these Regulations or a corresponding law; or

(c) if the person is registered as a driver participant in TFMS — that the person no longer meets the required medical standards.

91 Cancellation of TFMS registration except on application

(1) This regulation applies if the Authority considers that a ground exists to cancel the registration of a person as a driver or employer participant in TFMS, except on application.

(2) The Authority must give a written notice to the person that:

(a) tells the person of the proposed cancellation; and

(b) states the ground for the proposed cancellation; and

(d) invites the person to state in writing, within a stated time of at least 14 days after the notice is given to the person, why the registration should not be cancelled.

(3) If, after considering any written statement made within the stated time, the Authority is reasonably satisfied that a ground exists to cancel the registration, the Authority may cancel the registration.

(4) The Authority must tell the person in writing of the Authority’s decision.

(5) If the Authority decides to cancel the registration, the Authority must also give the person written reasons for the decision and tell the person in writing that the person may apply to have the decision reconsidered.

(6) The cancellation takes effect:

(a) when the person is told by the Authority of the decision and given reasons for the decision; or

(b) if the Authority tells the person that the cancellation takes effect at a later time — that time.

92 Notice of cancellation of TFMS registration of employers

If the registration of a person as an employer participant in TFMS is cancelled, the Authority must give written notice of the cancellation to each employed driver of the employer who is registered as a driver participant in TFMS.

Note TFMS driving, work and rest times apply to an employed driver only if the driver is registered as a driver participant and the driver’s employer is registered as an employer participant — see regulation 27.

93 Return of driver certification manuals

(1) If the registration of a person as a driver participant in TFMS is cancelled, the Authority may, by written notice, ask the person to return his or her driver certification manual to the Authority.

(2) The person must return the manual within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period.

Penalty: $500.

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

94 Application of Division 3

This Division applies to a person (the participant ) who is:

(a) registered as an employer participant in TFMS; or

(b) registered as a driver participant in TFMS and is, for at least part of the time spent as a driver, a self-employed driver.

95 Reviews of participation required

(1) The participant must arrange for a review of his or her participation in TFMS as an employer or self-employed driver to be conducted:

(a) within 9 months after the participant’s registration as a driver or employer participant in TFMS; and

(b) before the second and each later anniversary of the registration.

Penalty: $500.

(2) The person conducting the review must report in writing to the participant whether the participant’s management practices promote compliance with Part 3 and other relevant provisions of these Regulations by the participant and, if the participant is an employer participant in TFMS, by the participant’s employed drivers and responsible employees.

96 Reports of reviews

(1) The participant must keep the report of a review for at least 2 years after it is given to the participant.

Penalty: $500.

(2) The Authority may, by written notice given to the participant within the 2 year period, ask the participant to give a copy of the report to the Authority within the time stated in the notice.

(3) The time stated in the notice must be at least 7 days after the notice is given to the participant.

(4) The participant must comply with the notice.

Penalty for subregulation (4): $500.

97 Authority may audit participation

(1) The Authority may audit the management practices adopted by the participant to promote compliance with Part 3 and other relevant provisions of these Regulations by the participant and, if the participant is an employer participant in TFMS, by the participant’s employed drivers and responsible employees.

(2) For the audit, the Authority may, by written notice given to the participant, ask the participant to give to the Authority within the time stated in the notice:

(a) for an employer participant — records about any of the following kept by the participant:

(i) the receipt and storage of records given to the participant by employed drivers for these Regulations;

(ii) the medical examinations undergone by the participant’s employed drivers for these Regulations;

(iii) the approved fatigue management training courses attended by the participant’s employed drivers and responsible employees;

(iv) the management of the participant’s employed drivers, including their driving, work and rest times; and

(b) for a driver participant — records about any of the following kept by the participant:

(i) the storage of records made by the participant for these Regulations;

(ii) the medical examinations undergone by the participant for these Regulations;

(iii) the approved fatigue management training courses attended by the participant;

(iv) the management of the driving, work and rest times of the participant.

(3) The time stated in the notice must be at least 7 days after the notice is given to the participant.

(4) The participant must comply with the notice.

Penalty: $500.

(5) After examining the records, the Authority:

(a) may copy some or all of the records; and

(b) must return the records to the participant.

Division 4 Recommendations about TFMS registration

98 Recommendations by Authority

(1) This regulation applies if the Authority considers that a ground exists for a corresponding authority to cancel the registration of a person as a driver or employer participant, or as both a driver and employer participant, in a corresponding TFMS.

(2) The Authority may recommend in writing that the corresponding authority cancel the registration.

(3) The Authority must give written reasons to the corresponding authority for the recommendation.

99 Recommendations by corresponding authorities

The Authority must have regard to a written recommendation by a corresponding authority that the Authority cancel the registration of a person as a driver or employer participant, or as both a driver and employer participant, in TFMS.

Part 8 Exemptions

Division 1 Key concepts for Part 8

100 What is an exemption

An exemption is an emergency, Fatigue Management Scheme ( FMS ), limited driving hours or logbook exemption.

101 What is an emergency exemption

(1) The emergency-related provisions are:

• Part 2 (Regulated hours)

• Part 3 (Transitional fatigue management scheme), except Divisions 3 (Other obligations of driver participants) and 4 (Obligations of employer participants)

• Part 4 (Driving records), except Division 7 (General driving record offences).

(2) An emergency exemption is an exemption in force under regulation 106 from the emergency-related provisions.

102 What is an FMS exemption

(1) The regulated hours provisions are:

• Part 2 (Regulated hours)

• Part 4 (Driving records), except Division 7 (General driving record offences).

(2) An FMS exemption is an exemption in force under regulation 108 from the regulated hours provisions.

103 What is a limited driving hours exemption

(1) A maximum driving hours provision is:

(a) regulation 19 (Regulated hours — maximum driving times) so far as it relates to relevant period 1 or 2; or

(b) regulation 28 (TFMS — maximum driving times) so far as it relates to relevant period 1 or 2.

(2) A limited driving hours exemption is an exemption in force under regulation 110 from a maximum driving hours provision.

104 What is a logbook exemption

(1) The logbook provisions are Part 4 (Driving records), Division 2 (Driving records for non-local area work).

(2) A logbook exemption is an exemption in force under regulation 112 or 113 from the logbook provisions.

Division 2 Emergency exemptions

105 Definitions for Division 2

In this Division:

"eligible person" means a person who may drive, or permit someone else to drive, a heavy truck or commercial bus for an emergency service.

emergency means an event (or an anticipated event) that:

(a) endangers, or may endanger, life, property or the environment; or

(b) has disrupted, or may disrupt, communications, energy, water supply or sewerage services; or

(i) the Commonwealth or a State or Territory; or

(ii) a Commonwealth, State or Territory authority responsible for managing responses to emergencies or disasters.

Examples of an emergency

Fire, explosion and natural disaster.

"emergency service" includes an ambulance service, fire brigade, police service or force or national disaster or emergency organisation, of the Commonwealth or a State or Territory.

106 Emergency exemptions

(1) An eligible person may apply, in accordance with regulation 120, for an exemption from the emergency-related provisions for the eligible person, or anyone else acting for an emergency service, in relation to an emergency.

Note The emergency-related provisions are defined in regulation 101.

(2) The Authority may exempt a person from the emergency-related provisions in relation to the emergency.

107 Effect of emergency exemptions

If an emergency exemption applies to a person in relation to an emergency, the emergency-related provisions do not apply to the person in relation to the emergency.

Division 3 FMS exemptions

108 FMS exemptions

(1) An employer or self-employed driver may apply, in accordance with subregulation (2) and regulation 120, for an exemption from the regulated hours provisions.

Note Regulated hours provisions is defined in regulation 102.

(2) The application must:

(a) name any employed drivers covered by the application; and

(b) state the driver fatigue management practices that would be followed by the applicant and the employed drivers if the exemption were given; and

(3) The Authority may exempt the applicant, and any or all of the employed drivers named in the application, from the regulated hours provisions if the Authority considers that:

(a) the driver fatigue management practices stated in the application would, if followed, be at least as effective as the regulated hours provisions in managing driver fatigue; and

(b) the applicant and the employed drivers are likely to follow the stated practices effectively and consistently.

109 Effect of FMS exemptions

The regulated hours provisions do not apply to:

(a) the employer or self-employed driver to whom an FMS exemption applies; and

(b) if the FMS exemption is given to an employer — an employed driver named in the exemption.

Division 4 Limited driving hours exemptions

110 Limited driving hours exemptions

(1) An employer or self-employed driver may apply, in accordance with subregulation (2) and regulation 120, for an exemption from a maximum driving hours provision.

Note Maximum driving hours provision is defined in regulation 103.

(2) The application must:

(a) name any employed drivers, or describe any class of employed drivers, covered by the application; and

(b) state the driver fatigue management practices that would be followed by the applicant and the employed drivers if the exemption were given; and

(3) The Authority may exempt the applicant, and any or all employed drivers named, or included in a class of drivers described, in the application, from the maximum driving hours provision if the Authority considers that:

(a) compliance with the provision would be an unreasonable restriction on operations conducted by the applicant; and

(b) the driver fatigue management practices stated in the application would, if followed, be at least as effective as the provision in managing driver fatigue; and

111 Effect of limited driving hours exemptions

A maximum driving hours provision does not apply to:

(a) the employer or self-employed driver to whom a limited driving hours exemption applies; and

(b) if the limited driving hours exemption is given to an employer — an employed driver named, or included in a class of drivers described, in the exemption.

Division 5 Logbook exemptions

112 Logbook exemptions — literacy

(1) A driver may apply, in accordance with this regulation and regulation 120, for exemption from the logbook provisions.

Note Logbook provisions is defined in regulation 104.

(2) The application must nominate a person (the nominee ) to make written driving records for the driver.

(3) The nominee must agree to the nomination in writing.

(4) The nominee’s agreement must accompany, or be included in, the application.

(5) The Authority may exempt the driver from the logbook provisions if the Authority considers that the driver cannot make the records in the driver’s logbook because of an English literacy disability.

113 Other logbook exemptions

(1) An employer may apply, in accordance with subregulation (2) and regulation 120, for an exemption from the logbook provisions for a driver who is employed by the employer.

(2) An application must state how, if the exemption were given, the employer and the driver would make records that are no less complete and accurate than records made in accordance with the logbook provisions.

(3) The Authority may exempt the driver from the logbook provisions if the Authority considers that the driver and the employer will make records that are no less complete and accurate than records made in accordance with the logbook provisions.

114 Effect of logbook exemptions

The logbook provisions do not apply to a driver to whom a logbook exemption applies.

Division 6 Variation and cancellation of exemptions

115 Variation and cancellation of exemptions on application

(1) The Authority may, on application made in accordance with regulation 120, vary or cancel an exemption.

(2) The variation or cancellation takes effect on the day when the applicant is told of the decision by the Authority.

116 Grounds for variation of exemptions except on application

The grounds for variation of an exemption, except on application, are:

(a) that the application for the exemption was false or misleading in a material respect but the circumstances do not require its cancellation; or

(b) that a person to whom the exemption applies is no longer suitable to be a person to whom the exemption applies without variation because the person has contravened the Act, these Regulations or a corresponding law; or

(i) since the exemption was given, a change has happened in relation to something the Authority must consider in deciding whether to give an exemption of that kind; and

(ii) the exemption would have been given as it is proposed to be varied if the change had happened before the exemption was given.

117 Grounds for cancellation of exemptions except on application

The grounds for cancellation of an exemption, except on application, are:

(a) that the application for the exemption was false or misleading in a material respect; or

(b) that a person to whom the exemption applies is no longer suitable to be a person to whom the exemption applies because the person has contravened the Act, these Regulations or a corresponding law; or

(i) since the exemption was given, a change has happened in relation to something the Authority must consider in deciding whether to give an exemption of that kind; and

(ii) the exemption would not have been given if the change had happened before the exemption was given.

118 Variation and cancellation of exemptions except on application

(1) This regulation applies if the Authority considers that a ground exists to vary or cancel an exemption, except on application.

(2) The Authority must give the person to whom the exemption was given a written notice that:

(a) if the Authority proposes to vary the exemption — tells the person of the proposed variation; and

(b) if the Authority proposes to cancel the exemption — tells the person of the proposed cancellation; and

(d) outlines the facts and other circumstances forming the basis for the ground; and

(e) invites the person to state in writing, within a stated time of at least 14 days after the notice is given to the person, why the exemption should not be varied or cancelled.

(3) If, after considering any written statement made within the stated time, the Authority is reasonably satisfied that a ground exists to take the proposed action, the Authority may:

(a) if the proposed action is to vary the exemption in a stated way — vary the exemption in that way; and

(b) if the proposed action is to cancel the exemption — cancel the exemption or vary the exemption in any way.

(4) The Authority must tell the person in writing of the Authority’s decision.

(5) If the Authority decides to vary or cancel the exemption, the Authority must also give the person written reasons for the decision and tell the person in writing that the person may apply to have the decision reconsidered.

(6) The variation or cancellation takes effect:

(a) when the person is told by the Authority of the decision and given reasons for the decision; or

(b) if the Authority tells the person that the variation or cancellation takes effect at a later time — that time.

119 Return of exemptions etc

(1) If an exemption given to a person is varied or cancelled, the Authority may, by written notice, ask the person to return the exemption to the Authority.

(2) The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period.

Penalty: $500.

(3) If the exemption has not been cancelled, the Authority must give the person a replacement exemption.

Division 7 Exemptions generally

120 Applications for exemption

(1) An application for an exemption, or for variation or cancellation of an exemption, must be made to the Authority in writing.

(2) However, an application for an emergency exemption, or for variation of an emergency exemption, may be made to the Authority orally in urgent circumstances.

(3) A written application for an exemption (except an emergency exemption) must state:

(a) the full name, and TFMS registration number (if any), of the applicant; and

(b) the exemption to which the application relates; and

(d) if the applicant is an employer — the address of the place where the employer manages the employment of drivers covered by the application.

(4) In an application for an exemption, the applicant may state the period for which the exemption is sought and any conditions to which the exemption is sought to be subject.

(5) If the application is a written application for variation or cancellation of an exemption:

(a) the applicant must give the exemption to the Authority with the application; and

(b) the application must:

(i) for an application for variation of an exemption — state clearly the variation sought; and

(ii) outline why the exemption should be varied or cancelled.

(6) The Authority may require the applicant to give the Authority any necessary additional information.

(7) If the application is made in writing, a requirement under subregulation (6) must be made by written notice given to the applicant.

121 Decisions by Authority on exemption applications

(1) The Authority must decide an application for an exemption, or for variation or cancellation of an exemption, as soon as practicable after the Authority receives the application.

(2) If the Authority decides to give the applicant an exemption, the Authority must give the applicant a written exemption.

(3) If the Authority decides to vary an exemption on application, the Authority must give the applicant a written replacement exemption.

(4) In any other case, the Authority must tell the applicant in writing of the Authority’s decision.

(5) If the Authority does not make the decision sought by the applicant, the Authority must also give the applicant written reasons for the decision and tell the applicant in writing that the applicant may apply to have the decision reconsidered.

122 Duration of exemptions

(1) An exemption takes effect on the day when the applicant is told of the Authority’s decision to give the exemption.

(2) An exemption applies for the period (not longer than 3 years) stated in the exemption.

123 Conditions of exemptions

An exemption may be given subject to a condition stated in the exemption.

124 Replacement of lost etc exemptions

(1) If the Authority is satisfied that an exemption given to a person by the Authority has been defaced, destroyed, lost or stolen, the Authority must give the person a replacement exemption as soon as practicable.

(2) If the Authority decides not to give a replacement exemption to a person who applies to the Authority for a replacement exemption, the Authority must give the person written reasons for the decision and tell the person that the person may apply to have the decision reconsidered.

125 Failure to comply with conditions of exemptions

A person to whom an exemption (except an FMS exemption) is given must not contravene a condition of the exemption.

Penalty: $1,500.

126 Authority to tell corresponding authorities of certain decisions

(1) If the Authority gives an exemption to a person, the Authority must tell each corresponding authority and give the corresponding authority details of the exemption.

(2) If the Authority varies or cancels an exemption, the Authority must tell each corresponding authority.

Part 9 Enforcement, review and other matters

Division 1 Provisions about offences

127 Application of Criminal Code

Chapter 2 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth applies to an offence against these Regulations as if the Chapter were in force as a law of the Australian Capital Territory and a law of the Jervis Bay Territory.

Note Chapter 2 of the Criminal Code codifies the general principles of criminal responsibility.

128 Deciding whether persons ought reasonably to have known

If, in a prosecution for an offence against these Regulations, it is relevant to prove that someone ought reasonably to have known something, the issue must be decided having regard to:

(a) the person’s abilities, experience, qualifications and training; and

(b) the circumstances of the offence.

129 Limited jeopardy

(1) In this regulation:

"day" means a day of the week.

"fortnight" means a period of 14 days beginning on a Monday.

"month" means a period of 28 days beginning on a Monday.

regulated hours offence provision means any of the following provisions:

• regulation 19 (Regulated hours — maximum driving times)

• regulation 20 (Regulated hours — maximum work times)

• regulation 21 (Regulated hours — required minimum rest times).

TFMS offence provision means any of the following provisions:

• regulation 28 (TFMS — maximum driving times)

• regulation 29 (TFMS — maximum work times)

• regulation 30 (TFMS — required minimum rest times).

"week" means a period of 7 days beginning on a Monday.

(2) A driver is not liable for more than:

(a) 3 offences against a particular regulated hours offence provision for any relevant period 1 on the same day; or

(b) 2 offences against a particular regulated hours offence provision for any relevant period 2 on the same day; or

(d) 4 offences against regulation 21 for any relevant period 4 in the same month.

(3) A driver is not liable for more than:

(a) 3 offences against a particular TFMS offence provision for any relevant period 1 on the same day; or

(b) 2 offences against a particular TFMS offence provision for any relevant period 2 on the same day; or

(4) A reference in this regulation to a relevant period is:

(a) in relation to an offence against a regulated hours offence provision — a reference to a relevant period within the meaning given by regulation 18; or

(b) in relation to an offence against a TFMS offence provision — a reference to a relevant period within the meaning given by regulation 26.

130 Penalties

(1) This regulation applies to a provision prescribing a penalty for an offence against these Regulations.

(2) The penalty is the maximum fine for an individual who is found guilty of the offence.

(3) If a body corporate is found guilty of the offence, the maximum fine for the body corporate is 5 times the penalty.

Division 2 Additional enforcement powers

131 Information about exemptions

(1) An authorised person may ask the driver of a heavy truck or commercial bus whether an exemption applies to the driver.

(2) If the driver claims that an exemption applies to the driver, the authorised person may ask the driver:

(a) what kind of exemption applies to the driver; and

(b) to produce the exemption, or an exact copy, for inspection.

(3) Subregulation (5) applies to the driver if:

(a) the driver does not immediately produce the exemption, or an exact copy, for inspection when asked to produce the exemption by the authorised person; or

(b) the driver does not answer a question that the authorised person asks the driver under subregulation (1) or (2).

(4) However, subregulation (5) does not apply if the driver has not yet received the exemption or an exact copy of the exemption.

(5) For the application of Part 2 (Regulated hours) or 3 (Transitional fatigue management scheme) to the driver, the driver is taken not to have been at any time in the last 336 hours a person to whom the exemption applies.

Example

If, for a relevant period under Part 2, the driver’s total driving time exceeds the driver’s maximum driving time, the driver can be dealt with for an offence against regulation 19 (regulated hours — maximum driving times), whether or not an FMS or limited driving hours exemption applies to the driver.

(6) In this regulation:

"exact copy" , of an exemption, means a copy that is identical in all material respects with the exemption.

132 Information about TFMS etc

(1) An authorised person may ask the driver of a heavy truck whether the driver is registered as a driver participant in TFMS.

(2) If the driver claims to be registered as a driver participant in TFMS, the authorised person may ask the driver:

(a) to produce his or her current driver certification manual for inspection; and

(b) whether the driver is an employed driver.

(3) If the driver claims to be an employed driver, the authorised person may ask the driver:

(a) the employer’s name and the address of the place where the employer manages the employment of drivers; and

(b) whether the employer is registered as an employer participant in TFMS; and

(4) Subregulation (5) applies to the driver if:

(a) the driver does not immediately produce his or her driver certification manual for inspection when asked to produce it by the authorised person; or

(b) the driver does not answer a question that the authorised person asks him or her under this regulation.

(5) For the application of Part 2 (Regulated hours) to the driver, the driver is taken not to have been at any time in the last 336 hours registered as a driver participant in TFMS.

Example

If, for a relevant period under Part 2, the driver’s total driving time exceeds the driver’s maximum driving time, the driver can be dealt with for an offence against regulation 19 (Regulated hours — maximum driving times), whether or not the driver is registered as a driver participant in TFMS.

(6) In this regulation:

"driver certification manual" includes a corresponding driver certification manual.

"TFMS" includes a corresponding TFMS.

133 Information about whether drivers engaged in non-local area work

(1) An authorised person may ask the driver of a heavy truck or commercial bus whether:

(a) the driver is engaged in local area work or non-local area work; or

(b) the driver has engaged in non-local area work at any time in the last 28 days.

(2) The driver must answer a question that the driver is asked under subregulation (1).

Penalty: $1,500.

134 Information about driver’s base

(1) An authorised person may ask the driver of a heavy truck or commercial bus to produce his or her logbook for inspection to see whether a place other than the vehicle’s garage address is recorded in the logbook as the driver’s base.

(2) Subregulation (3) applies if the driver does not immediately produce his or her logbook for inspection when asked to produce it by the authorised person.

(3) For the application of Part 4 (Driving records) to the driver, the driver’s base is taken to be the vehicle’s garage address.

(4) In this regulation:

"logbook" includes a corresponding logbook.

135 False and misleading statements to Authority and authorised persons

A person must not make a statement to the Authority or an authorised person that the person knows, or reasonably ought to know, is false or misleading in a material respect.

Penalty: $1,500.

136 Authorised persons may enter certain places etc

(1) An authorised person may, for monitoring or enforcing compliance with these Regulations:

(a) enter a place where records are required to be kept under these Regulations; and

(b) inspect, and copy and take extracts from, any records kept at the place; and

(c) take into the place the persons who, and the equipment and materials that, the authorised person reasonably requires to exercise a power under paragraph (b); and

(d) require a person in the place to give the authorised person reasonable help to exercise a power under paragraph (b) or (c).

(2) The entry may be made at any time during usual business hours or, with the consent of the occupier, at any other time.

(3) A person must comply with a requirement under paragraph (1) (d).

Penalty: $500.

Division 3 Reconsideration and review

137 Certain decisions may be reconsidered

(1) The following decisions of the Authority are decisions to which this Division applies:

Item	Regulation under which decision made	Brief description of decision
1	86	decision not to register applicant for TFMS
2	89	decision not to cancel TFMS registration on application
3	91	decision to cancel TFMS registration except on application
4	106	decision not to give an emergency exemption (or not to give the exemption for a person sought to be covered by the exemption)
5	108	decision not to give an FMS exemption (or not to give the exemption for an employed driver sought to be covered by the exemption)
6	110	decision not to give a limited driving hours exemption (or not to give the exemption for an employed driver sought to be covered by the exemption)
7	112 or 113	decision not to give a logbook exemption
8	115	decision not to vary or cancel an exemption on application
9	117	decision to vary or cancel an exemption except on application.
10	122	decision to give an exemption for less than 3 years or the period sought by the applicant
11	123	decision to give an exemption subject to a condition not sought by the applicant
12	124	decision not to give a replacement exemption

138 Reconsideration of decisions

(1) A person affected by a decision to which this Division applies (an initial decision ) may ask the Authority in writing to reconsider the decision.

(2) The request must be made within:

(a) 28 days after the person, or someone else affected by the decision, was told of the initial decision, and given reasons for the decision, by the Authority; or

(b) any longer period allowed by the Authority.

Note 1 Under subregulation 86 (5), an applicant for TFMS registration must be told of the Authority’s decision not to register the applicant.

Note 2 Under subregulation 89 (4), an applicant for cancellation of TFMS registration must be told of the Authority’s decision not to cancel the registration.

Note 3 Under subregulation 91 (4), a person whose TFMS registration is cancelled must be told of the Authority’s decision to cancel the registration.

Note 4 Under subregulation 118 (4), a person whose exemption is varied or cancelled must be told of the Authority’s decision.

Note 5 Under regulation 121, a person who applies for an exemption, or for variation or cancellation of an exemption, must be told of the Authority’s decision.

(3) The request must state the decision sought by the person and outline why the decision should be made.

(4) Within 28 days after receiving the request, the Authority must reconsider the initial decision and:

(a) confirm the decision; or

(b) vary the decision; or

(5) The Authority must tell the person in writing of the result of the reconsideration and, if the Authority does not make the decision sought by the person:

(a) give the person written reasons for the reconsidered decision; and

(b) tell the person in writing that the person may apply to the Australian Capital Territory Administrative Appeals Tribunal to have the decision reviewed by the Tribunal.

139 Review of decisions

Application may be made under the Administrative Appeals Tribunal Act 1989 of the Australian Capital Territory to the Australian Capital Territory Administrative Appeals Tribunal for review of a decision that has been reconsidered under regulation 138.

Division 4 Miscellaneous

140 Declaration of relevant jurisdictions

The Commonwealth Minister must publish, by notice in the Commonwealth of Australia Gazette , any declaration by the Ministerial Council that another jurisdiction is a relevant jurisdiction.

141 Authorised persons

(1) The Authority may appoint a person to be an authorised person for these Regulations.

(2) The Authority may appoint a person only if the Authority is satisfied that the person has the qualifications or experience to be an authorised person.

142 Delegation

(1) For section 18 of the Act, the following persons are prescribed:

(a) a Commonwealth, State or Territory authority;

(b) an officer or employee of:

(i) the Commonwealth or a State or Territory; or

(ii) a Commonwealth, State or Territory authority;

(d) a person engaged under contract with the Commonwealth or a State or Territory;

(e) an employee of a person mentioned in paragraph (d).

(2) The Authority may, by signed writing, delegate a power of the Authority under these Regulations to a person mentioned in subregulation (1).

143 Identity cards

(1) The Authority must give an identity card to each authorised person who is not a police officer.

(2) The card must contain:

(a) a recent photograph of the person; and

(b) the person’s name or a unique identification number; and

(d) a date of expiry for the card.

(3) If a person who is not a police officer ceases to be an authorised person, the person must return his or her identity card to the Authority within 7 days.

Penalty: $200.

144 Identification of authorised persons

(1) An authorised person who is not a police officer, and is not in uniform, may exercise a power in relation to another person only if the authorised person:

(a) produces his or her identity card for the other person’s inspection; or

(b) has his or her identity card displayed so it is clearly visible.

(2) However, if for any reason it is not practicable to comply with subregulation (1) before exercising the power and the other person requests the authorised person to produce evidence of the authorised person’s authority, the authorised person must produce the identity card for inspection by the other person.

Commonwealth Numbered Regulations

NATIONAL TRANSPORT COMMISSION (ROAD TRANSPORT LEGISLATION -- DRIVING HOURS REGULATIONS) REGULATIONS 2006 (SLI NO 20 OF 2006) - SCHEDULE 1