New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 470

470 General requirements applying to operator with heavy vehicle accreditation

(1) This section applies to an operator of a heavy vehicle who holds a heavy vehicle accreditation.

(2) If the accreditation is BFM accreditation or AFM accreditation, the operator must ensure each driver who operates under the accreditation--

(a) is inducted into the operator's relevant management system; and

(b) at all times, meets the requirements relating to drivers operating under the accreditation (if any).

: Maximum penalty--$6000.

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

(3) If the accreditation is AFM accreditation, the operator must also ensure each driver who operates under the accreditation is informed of the AFM hours applying under the accreditation.

: Maximum penalty--$6000.

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

(4) The operator must keep--

(a) the accreditation certificate for the operator's heavy vehicle accreditation; and

(b) if the operator's heavy vehicle accreditation is BFM accreditation or AFM accreditation--

(i) a current list of drivers operating under the operator's accreditation; and

(ii) records demonstrating the operator has complied with--

(A) if the operator's heavy vehicle accreditation is BFM accreditation--subsection (2); or

(B) if the operator's heavy vehicle accreditation is AFM accreditation--subsections (2) and (3); and

(c) if the operator's heavy vehicle accreditation is mass management accreditation or maintenance management accreditation--a current list of heavy vehicles to which the operator's accreditation relates; and

: Maximum penalty--$6000.

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

(5) The operator must keep a document required to be kept under subsection (4) for the following period--

(a) for an accreditation certificate--while the operator's heavy vehicle accreditation is current;

(b) for each list or record made under subsection (4)(b) or (c)--at least 3 years after the list or record is made.

: Maximum penalty--$6000.

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

(6) The operator must keep a document required to be kept under subsection (4) in a way that ensures it is--

(a) readily accessible by an authorised officer at the place where the document is kept; and

(b) reasonably capable of being understood by the authorised officer; and

(c) capable of being used as evidence.

: Maximum penalty--$3000.

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

(7) The Regulator may, by notice, require the operator to give the Regulator, in the form and within the time required by the Regulator--

(a) a copy of the list mentioned in subsection (4)(b)(i) or (c); and

(b) details of any change to the list.

(8) The operator must comply with a requirement made under subsection (7), unless the operator has a reasonable excuse.

: Maximum penalty--$3000.

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

(9) Subsections (4) to (6) do not apply in relation to--

(a) an accreditation certificate given to the Regulator under section 472 or 476, unless the Regulator has returned it or given the operator a replacement accreditation certificate; or

(b) an accreditation certificate that has been defaced, destroyed, lost or stolen, unless the Regulator has given the operator a replacement accreditation certificate.

Note--: See section 477 for the requirement to apply to the Regulator for a replacement accreditation certificate for a defaced, destroyed, lost or stolen accreditation certificate.