New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 319

319 Records record keeper must have

(1) The driver's record keeper must, unless the record keeper has a reasonable excuse--

(a) record the following information within the prescribed period--

(i) the driver's name and contact details;

(ii) the driver's current driver licence number and the jurisdiction in which the licence was issued;

(iii) the dates on which the driver drives a fatigue-regulated heavy vehicle on a road;

(iv) the registration number for each fatigue-regulated heavy vehicle the driver drives, being--

(A) in the case of a vehicle that is not in a combination--that vehicle; or

(B) in the case of a vehicle that is in a combination--the towing vehicle in the combination;

(v) the total of the driver's work times and rest times on each day on which the driver drives a fatigue-regulated heavy vehicle;

(vi) the total of the driver's work times and rest times for each week during which the driver drives a fatigue-regulated heavy vehicle;

(vii) the driver's rosters and trip schedules, including details of driver changeovers;

(viii) the location of the driver's base;

(ix) if the location of the driver's base changes--the date on which the location changes; and

(b) keep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work.

: Maximum penalty--$6000.

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

(2) A requirement imposed on a record keeper by subsection (1)(a)(ii) to (vi) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provisions.

(3) If the record keeper has engaged another person under a contract for services to comply with subsection (1) for the record keeper--

(a) the record keeper remains liable for an offence against subsection (1); and

(b) the other person is also liable for an offence against subsection (1) as if the other person were the record keeper mentioned in the subsection.

(6) In this section--

"prescribed period" , for recording information mentioned in subsection (1) relating to the driver of a fatigue-regulated heavy vehicle, means--

(a) if the driver's record keeper is the driver--within 24 hours after the driver stops working on a day for which the information is relevant; or

(b) if the driver's record keeper is a person other than the driver--as soon as possible after the person receives the information.