New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 323

323 Requirements about driver giving information to record keeper if driver changes record keeper

(1) This section applies if--

(a) the driver of a fatigue-regulated heavy vehicle is, or was in the previous 28 days, required to record information in the driver's work diary under Division 2; and

(b) the driver changes record keepers; and

(c) the new record keeper is a person other than the driver.

(2) The driver must, before driving a fatigue-regulated heavy vehicle for the driver's new record keeper, give the new record keeper a copy of information the driver recorded in a work diary in the 28 days before the change happened that relates to that 28-day period, unless the driver has a reasonable excuse.

: Maximum penalty--$3000.

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

(3) The new record keeper must ensure, so far as is reasonably practicable, the driver complies with subsection (2).

: Maximum penalty--$3000.

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

(4) The requirement imposed on the driver or the record keeper by subsection (2) or (3) 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 subsection.

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

(a) the new record keeper remains liable for an offence against subsection (3); and

(b) the other person is also liable for an offence against subsection (3) as if the other person were the new record keeper mentioned in the subsection.