New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 293

293 Driver of fatigue-regulated heavy vehicle must carry work diary

(1) The driver of a fatigue-regulated heavy vehicle must--

(a) keep a work diary; and

(b) ensure--

(i) the driver's work diary records the information required to be recorded under Subdivision 2 for each day in the previous 28 days; and

(ii) the driver's work diary is in the driver's possession while the driver is driving the vehicle.

: Maximum penalty--$6000.

Editorial note--: See also section 737 (Increase of penalty amounts).

Notes--:

1 For the requirement to record particular information in a supplementary record if the work diary of the driver of a fatigue-regulated heavy vehicle is filled up, destroyed, lost, stolen or, for an electronic diary, is malfunctioning, see section 305.

2 Under section 568, an authorised officer may require the driver of a fatigue-regulated heavy vehicle to produce for inspection the driver's work diary.

(2) Subsection (1) applies irrespective of the number of days in the previous 28 days the driver spent working in relation to a fatigue-regulated heavy vehicle.

(3) In a proceeding for an offence against subsection (1) relating to the driver failing to keep a work diary containing particular information, it is a defence for the driver to prove that--

(a) the information was recorded in a work diary that, at the time of the offence, has been destroyed (other than by the driver) or lost or stolen; or

(b) the information was--

(i) recorded in an electronic work diary; and

(ii) destroyed or lost as a result of a malfunction of the electronic work diary before the information was given to the driver's record keeper or recorded in any other way.