New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Chapter--
"100km work" has the meaning given by section 289(1).
"100+km work" has the meaning given by section 289(2).
"AFM fatigue management system" has the meaning given by section 457.
"AFM hours" has the meaning given by section 257.
"approved electronic recording system" means an electronic recording system
the subject of a current approval under section 343 or a
corresponding fatigue law.
"approved sleeper berth" means--
(a) for a fatigue-regulated heavy vehicle other than a fatigue-regulated bus--a driver's sleeper berth that complies with ADR 42 and is able to be used by the driver when resting; or
(b) for a fatigue-regulated bus--a driver's sleeper berth that--(i) complies with a standard for sleeper berths that is approved by the responsible Ministers under section 654; and(ii) is able to be used by the driver when resting.
Examples--:• physical or mental exertion• long periods of time awake• not enough sleep or not enough restorative sleep• not enough rest time• a person's circadian rhythm (body clock)• environmental stress factors, including heat, noise, vibrations• personal health
1 A corresponding fatigue law is a law of a non-participating jurisdiction that provides for the same, or substantially the same, matters as this Chapter.
2 A corresponding fatigue law for a provision of this Chapter is a provision of a corresponding fatigue law within the meaning of paragraph 1 that corresponds, or substantially corresponds, to the provision of this Chapter.
3 For the purposes of paragraph 1, it is irrelevant whether the law of the non-participating jurisdiction--(a) is in 1 instrument or 2 or more instruments; or(b) is part of an instrument; or(c) is part of an instrument and the whole or part of 1 or more other instruments.
Note--: Section 5 contains the definition
"loading manager" . That definition is affected by the definition
"regular loading or unloading premises" , and is used in this Chapter.
As a result of the interaction of the 2 definitions, this Chapter applies to a person as a loading manager only if the premises concerned are premises at or from which an average of at least 5 fatigue-regulated heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.
(a) ceases to work at all, or works only intermittently; or
(b) does not perform 1 or more functions required under this Chapter; or
(c) performs the functions mentioned in paragraph (b) only intermittently; or
(d) performs the functions mentioned in paragraph (b) in a way that is inaccurate or unreliable, including intermittently inaccurate or unreliable.
Examples of an electronic work diary malfunctioning--:• corruption of data held in the electronic work diary• a software program fault• physical damage that impairs the functioning of the electronic work diary
Example of an odometer malfunctioning--:• an odometer that no longer keeps an accurate record of distance travelled
Note--: Under sections 248 and 303, the time must be based on the time zone of the driver's base for drivers on a journey in a different time zone to the driver's base.
(a) this Chapter applies as a law of the State or Territory; or
(b) a law containing provisions that substantially correspond to the provisions of this Chapter is in force.
Examples--:• lack of alertness• inability to concentrate• reduced ability to recognise or respond to external stimuli• poor judgment or memory• making more mistakes than usual• drowsiness, or falling asleep, at work (including microsleeps)• finding it difficult to keep eyes open• needing more frequent naps than usual• not feeling refreshed after sleep• excessive head-nodding or yawning• blurred vision• mood changes, increased irritability or other changes to the person's mental health• changes to the person's health or fitness
(a) out of a fatigue-regulated heavy vehicle; or
(b) in an approved sleeper berth of a stationary fatigue-regulated heavy vehicle.
(a) drive a fatigue-regulated heavy vehicle; or
(b) instruct another person to drive, or supervise another person driving, a fatigue-regulated heavy vehicle; or
(c) perform another task relating to the use of a fatigue-regulated heavy vehicle, including, for example--(i) load things onto, or unload things from, the heavy vehicle; and(ii) inspect, service or repair the heavy vehicle; and(iii) inspect or attend to a load on the heavy vehicle; and(iv) if the heavy vehicle is a bus, attend to passengers on the bus; and(v) clean or refuel the heavy vehicle; and(vi) perform marketing tasks in relation to the use of the vehicle; andExamples for the purposes of subparagraph (vi)--:• arranging for the transport of goods or passengers by the heavy vehicle• canvassing for orders for the transport of goods or passengers by the heavy vehicle(vii) help another person to perform, or supervise another person performing, a task mentioned in any of subparagraphs (i) to (vi); and(viii) record information or complete a document, as required under this Law, a corresponding fatigue law or otherwise, in relation to the use of the vehicle; or
(d) occupy the driver's seat of a fatigue-regulated heavy vehicle while its engine is running.
(a) a change from work time to rest time; or
(b) a change from rest time to work time; or
(c) a change from being a solo driver to being a driver who is a party to a two-up driving arrangement; or
(d) a change from being a driver who is a party to a two-up driving arrangement to being a solo driver.
(a) generally, means a written work diary or electronic work diary kept by the driver for the purposes of this Law; and
(b) for Subdivision 1 of Division 2 of Part 6.4, see section 292.
(a) a written or electronic work diary of the driver of a fatigue-regulated heavy vehicle; or
(b) a supplementary record; or
(c) a record required to be made or kept under (or by a condition under) Division 2, 3, 8 or 8A of Part 6.4; or
(d) a copy of a document, or an entry in a document, mentioned in paragraph (a), (b) or (c).