New South Wales Consolidated Acts

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ROAD TRANSPORT ACT 2013 - SECT 149

Definitions

149 Definitions

(cf STM Act, s 59)

(1) In this Part--

"applicable motor vehicle" means a motor vehicle to which this Part applies.

"approved" means approved by Transport for NSW.

"automatic data" , in relation to a journey made by a motor vehicle, means recordings (made by mechanical or electronic means, or by both of those means, in an approved form, and to an approved degree of accuracy) of--
(a) the lengths of time for which the vehicle is driven, and for which it is standing, during the journey, and
(b) the speeds at which the vehicle is driven (measured continuously or at approved intervals) during the journey, and
(c) the distance travelled during each period when the vehicle is driven during the journey,
being recordings made by a monitoring device.

"manual data" , in relation to a journey made by a motor vehicle, means recordings made by hand of--
(a) the date, time and place of commencement, and of completion, of the journey, and
(b) the times at which the vehicle is driven, and at which it is standing, during the journey, and
(c) the name of each driver, and the times at which each driver was in charge of the vehicle, during the journey, and
(d) the registration number of the vehicle, and
(e) the name of each person making each of those recordings.

"monitoring device" means a device which, when fitted to a motor vehicle, is capable of producing automatic data for a journey made by the vehicle.

"motor vehicle" includes a trailer.

"prescribed officer" means a person who is--
(a) employed--
(i) by Transport for NSW, or
(ii) as an inspector under the Explosives Act 2003 or the Work Health and Safety Act 2011 , or
(iia) by the National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (NSW) , section 656, or
(iii) in some other capacity prescribed by the statutory rules, and
(b) authorised for the purposes of this Part by the statutory rules.

"vehicle movement record" , in relation to a journey made by a vehicle, means a record, in durable and graphic form, consisting of--
(a) manual data for the journey, and
(b) either--
(i) corresponding automatic data for the journey produced by a monitoring device, except where subparagraph (ii) applies, or
(ii) where the automatic data is stored electronically in a monitoring device--a graphic representation, produced by an approved method, of that data.
(2) The statutory rules may prescribe the manner in which Transport for NSW may signify any approval for the purposes of this Part.



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