This Subdivision applies to the driver of a fatigue-regulated heavy vehicle who is required to record information in the driver's work diary under Subdivision 2 if--
(a) for a driver who uses a written work diary--the driver's work diary has been filled up, destroyed, lost or stolen; or
(b) for a driver who uses an electronic work diary--the driver's work diary--(i) has been filled up, destroyed, lost or stolen; or(ii) is not in working order because a part of the diary has been destroyed, lost or stolen; or(iii) is malfunctioning or has malfunctioned.