Queensland Numbered Acts

HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 312

(1) This section applies if—

(a) the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and

(b) the driver uses an electronic work diary supplied to the driver by the record keeper; and

(c) the record keeper is informed, under section 309, that the electronic work diary has been destroyed, lost or stolen.

(2) The record keeper must, as soon as reasonably practicable after being informed of the matter—

(a) give the driver a new electronic work diary that is in working order; and

(b) give the driver a printout of any information that was in the destroyed, lost or stolen electronic work diary that—

(i) has been given to the record keeper; and

(ii) relates to any period during the last 28 days; and

(iii) is not stored in the new electronic work diary.

Maximum penalty—$6000.

(3) If the record keeper has engaged another person under a contract for services to comply with subsection (2) for the record keeper—

(a) the record keeper remains liable for an offence against subsection (2); and

(b) the other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection.

(4) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence.

(5) However, in a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence.

Note—

See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence.