Queensland Numbered Acts

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HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 319

319 Records record keeper must have

(1) The driver's record keeper must—

(a) record the following information within the prescribed period—
(i) the driver's name and contact details;
(ii) the driver's current driver licence number and the jurisdiction in which the licence was issued;
(iii) the dates on which the driver drives a fatigue-regulated heavy vehicle on a road;
(iv) the registration number for each fatigue-regulated heavy vehicle the driver drives, being—
(A) in the case of a vehicle that is not in a combination—that vehicle; or
(B) in the case of a vehicle that is in a combination—the towing vehicle in the combination;
(v) the total of the driver's work times and rest times on each day on which the driver drives a fatigue-regulated heavy vehicle;
(vi) the total of the driver's work times and rest times for each week during which the driver drives a fatigue-regulated heavy vehicle;
(vii) the driver's rosters and trip schedules, including details of driver changeovers; and
(b) keep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work.

Maximum penalty—$6000.

(2) If the record keeper has engaged another person under a contract for services to comply with subsection (1) for the record keeper—

(a) the record keeper remains liable for an offence against subsection (1); and
(b) the other person is also liable for an offence against subsection (1) as if the other person were the record keeper mentioned in the subsection.

(3) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence.

(4) However, in a proceeding for an offence against subsection (1), 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.

(5) In this section—

prescribed period, for recording information mentioned in subsection (1) relating to the driver of a fatigue-regulated heavy vehicle, means—

(a) if the driver's record keeper is the driver—within 24 hours after the driver stops working on a day for which the information is relevant; or
(b) if the driver's record keeper is a person other than the driver—as soon as possible after the person receives the information.


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