New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 341

341 Period for which, and way in which, records must be kept

(1) The record keeper of the driver of a fatigue-regulated heavy vehicle must, unless the record keeper has a reasonable excuse, keep a record required to be made or kept under Division 3, or a copy of the record, for 3 years after--

(a) for a record made by the record keeper--the day the record keeper makes the record; or

(b) for another record--the day the record keeper receives the record.

: Maximum penalty--$6000.

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

(2) The record keeper of the driver of a fatigue-regulated heavy vehicle must, unless the record keeper has a reasonable excuse, keep a record required to be made or kept under (or by a condition under) Division 8 or 8A, or a copy of the record, for a period of 3 years, or, if a condition of an exemption states a record must be kept for a period of less than 3 years, the period stated in the condition, after--

(a) for a record made by the record keeper--the day the record keeper makes the record; or

(b) for another record--the day the record keeper receives the record.

: Maximum penalty--$6000.

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

(3) Except where the driver is his or her own record keeper, the record keeper must, unless the record keeper has a reasonable excuse, keep the record or copy at the driver's record location in a way that ensures it is readily available to an authorised officer at the record location.

: Maximum penalty--$3000.

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

(4) If the driver is his or her own record keeper, the driver as record keeper must, unless the driver as record keeper has a reasonable excuse, ensure the record or copy of the record is kept at the driver's record location in a way that ensures it is readily available to an authorised officer at the record location by the end of the 21-day period after the day the record is made.

: Maximum penalty--$3000.

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

(5) The record keeper must, unless the record keeper has a reasonable excuse, keep the record or copy in a way that ensures it is--

(a) readable and reasonably capable of being understood; and

(b) capable of being used as evidence.

Example--: To ensure a record kept in a storage facility does not become unreadable, for example, by degrading, the record keeper could scan the hard copy of the record and keep it in an electronic format that is readable.

: Maximum penalty--$6000.

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

(6) A reference in subsection (1) to keeping a record of information required to be made or kept under Division 3 includes a reference to maintaining a record of the information that is in an electronic work diary, if that record is taken to have satisfied the requirement under Division 3.

(7) If the driver's work diary is an electronic work diary, the driver's record keeper must, unless the record keeper has a reasonable excuse, maintain a record of the information that is recorded in the work diary in a way complying with--

(a) if the Regulator has, when approving the electronic recording system constituting the work diary, or of which the work diary is a part, imposed any conditions in relation to the way information must be recorded in the work diary--those conditions; and

(b) the manufacturer's instructions, if any, for recording information in the electronic work diary, to the extent the instructions are consistent with the conditions mentioned in paragraph (a).

: Maximum penalty--$1500.

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.

(8) If the record keeper has engaged another person under a contract for services to comply with subsection (1), (2), (3) , (5) or (7) for the record keeper--

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

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