New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 314

314 How electronic work diary must be used

(1) This section applies if the driver of a fatigue-regulated heavy vehicle who is required to record information in the driver’s work diary under Subdivision 2 uses an electronic work diary.

(2) The driver must use the electronic work diary in a way complying with-

(a) any conditions applying under this Law or a corresponding fatigue law in relation to the use of the approved electronic recording system constituting the work diary or of which the work diary is a part; and

(b) the manufacturer’s specifications for the electronic recording system that is or includes the work diary, to the extent the specifications are consistent with the conditions mentioned in paragraph (a).

: Maximum penalty-$3000.

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

Note-: The Regulator may impose conditions on the use of an electronic recording system under section 343.

(3) The record keeper of a driver of a fatigue-regulated heavy vehicle who uses an electronic work diary must ensure the driver complies with the requirements of subsection (2).

: Maximum penalty-$6000.

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

(4) In a proceeding for an offence against subsection (2) or (3) involving a person failing to comply with a particular specification of the manufacturer of an electronic recording system, it is a defence for the person to prove that-

(a) the specification was not integral to the effective operation of the electronic recording system; or

(b) what was done or not done in relation to the specification was in accordance with industry practice in relation to the handling or maintenance of an electronic recording system of that type from that manufacturer.