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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Road Traffic (Heavy Vehicle Driver Fatigue) Amendment
Bill 2008
A BILL FOR
An Act to amend the Road Traffic Act 1961.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Road Traffic
Act 1961
4 Amendment of section
5—Interpretation
5 Substitution of Part 3AA
Part 3AA—Provisions related to management of heavy
vehicles
110AA Fatigue
6 Amendment of heading to
Part 4 Division 3B Subdivision 2
7 Substitution of section
121
121 Reasonable steps defence—taking reasonable
steps
8 Amendment of section 165—False statements
9 Insertion
of section 173AA
173AA Reasonable steps
defence
10 Amendment of section 176—Regulations and
rules
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Road Traffic (Heavy Vehicle Driver Fatigue)
Amendment Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Road Traffic
Act 1961
4—Amendment of
section 5—Interpretation
(1) Section 5(1), definition of consignee—delete "that
are transported by road"
(2) Section 5(1), definition of consignee, (b)—delete
"is to actually receive the goods after completion of their transport" and
substitute:
actually receives the goods after the goods are transported
(3) Section 5(1), definition of consignee—delete "is
to merely unload" and substitute:
merely unloads
(4) Section 5(1), definition of consignor—delete "that
are transported by road"
(5) Section 5(1), definition of consignor, (b)—delete
"engaged the operator of the vehicle concerned" and substitute:
engages an operator of a vehicle
(6) Section 5(1), definition of consignor, (c)—delete
"had" and substitute:
has
(7) Section 5(1), definition of consignor, (c)—delete
"their transport" and substitute:
the goods are transported
(8) Section 5(1), definition of consignor, (d)—delete
"loaded the" and substitute:
loads a
(9) Section 5(1), definition of consignor, (d)—after
"that is" insert:
usually
(10) Section 5(1), definition of consignor, (e)—delete
paragraph (e) and substitute:
(e) if paragraphs (a) to (d) do not apply and the goods are imported into
Australia—a person who imports the goods;
(11) Section 5(1), definition of loader—delete "that
are transported by road"
(12) Section 5(1), definition of loader, (a)—delete
"loaded the vehicle concerned" and substitute:
loads a vehicle
(13) Section 5(1), definition of loader, (b)—delete
"loaded the vehicle" and substitute:
loads a vehicle
(14) Section 5(1), definition of loader, (c)—delete
"loaded a freight container already in or on the vehicle" and
substitute:
loads a freight container already in or on a vehicle
(15) Section 5(1), definition of loader, (d)—delete
"supervised" and substitute:
supervises
(16) Section 5(1), definition of loader, (e)—delete
"managed or controlled" and substitute:
manages or controls
(17) Section 5(1), definition of packer—delete "that
are transported by road"
(18) Section 5(1), definition of packer, (a)—delete
"put" and substitute:
puts
(19) Section 5(1), definition of packer, (b)—delete
"assembled" and substitute:
assembles
(20) Section 5(1), definition of packer, (c)—delete
"supervised" and substitute:
supervises
(21) Section 5(1), definition of packer, (d)—delete
"managed or controlled" and substitute:
manages or controls
(22) Section 5(1), definition of reasonable steps
defence—delete "section 121" and substitute:
section 173AA
(23) Section 5—after subsection (3) insert:
(4) For the purposes of this Act, an act or omission of a person
causes a thing to occur if the person's act or omission
substantially contributes to the occurrence of the thing.
Part 3AA—delete the Part and substitute:
Part 3AA—Provisions related to management of heavy
vehicles
110AA—Fatigue
(1) The Governor may make regulations to establish a scheme for the
management of fatigue in drivers of regulated heavy vehicles.
(2) Without limiting the effect of subsection (1), the regulations
under this section may make provision relating to—
(a) the periods that drivers of regulated heavy vehicles spend working and
resting; and
(b) the keeping, production and inspection of records; and
(c) the specifying of, and obligations of, parties in the chain of
responsibility in relation to a regulated heavy vehicle; and
(d) powers of police officers and authorised officers in relation to the
enforcement of the regulations; and
(e) powers of police officers and authorised officers to give directions
to drivers of regulated heavy vehicles; and
(f) the recognition of administrative decisions in other jurisdictions in
relation to the management of fatigue in drivers of regulated heavy
vehicles.
(3) The regulations under this section may—
(a) make provision for periods spent by drivers of regulated heavy
vehicles driving, working or resting outside the State to be taken into account
for the purposes of the regulations; and
(b) provide for the granting, variation, revocation and suspension of
exemptions (whether conditional or otherwise) from any provision of the
regulations; and
(c) prescribe and provide for the payment of fees in respect of specified
matters; and
(d) make provisions of a savings or transitional nature; and
(e) prescribe penalties, not exceeding $50 000, for offences against
the regulations; and
(f) fix expiation fees, not exceeding $750, for alleged offences against
the regulations.
(4) In this section—
regulated heavy vehicle means a motor vehicle of a class
declared by the regulations to be a regulated heavy vehicle.
6—Amendment of
heading to Part 4 Division 3B Subdivision 2
Heading to Part 4 Division 3B Subdivision 2—delete the heading and
substitute:
Subdivision 2—Reasonable steps
defence—special provisions
Section 121—delete the section and substitute:
121—Reasonable steps defence—taking
reasonable steps
In determining whether things done or omitted to be done by a person
charged with an offence against this Division constitute reasonable steps for
the purposes of section 173AA, a court may have regard to—
(a) the circumstances of the alleged offence, including (if relevant) the
risk category to which the breach concerned belongs; and
(b) without limiting paragraph (a), the measures available and
measures taken for any or all of the following:
(i) to accurately and safely weigh or measure the vehicle or its load or
to safely restrain the load in or on the vehicle;
(ii) to provide and obtain sufficient and reliable evidence from which the
weight or measurement of the vehicle or its load might be calculated;
(iii) to manage, reduce or eliminate a potential breach arising from the
location of the vehicle, or from the location of the load in or on the vehicle,
or from the location of goods in the load;
(iv) to manage, reduce or eliminate a potential breach arising from
weather and climatic conditions, or from potential weather and climatic
conditions, affecting or potentially affecting the weight or measurement of the
load;
(v) to exercise supervision or control over others involved in activities
leading to the breach; and
(c) the measures available and measures taken for any or all of the
following:
(i) to include compliance assurance conditions in relevant commercial
arrangements with other responsible persons;
(ii) to provide information, instruction, training and supervision to
employees to enable compliance with relevant laws;
(iii) to maintain equipment and work systems to enable compliance with
relevant laws;
(iv) to address and remedy similar compliance problems that may have
occurred in the past; and
(d) whether the person charged had, either personally or through an agent
or employee, custody or control of the vehicle, or of its load, or of any of the
goods included or to be included in the load; and
(e) the personal expertise and experience that the person charged had or
ought to have had or that an agent or employee of the person charged had or
ought to have had.
8—Amendment of
section 165—False statements
Section 165—after subsection (3) insert:
(4) To avoid doubt, a record compiled under this Act is not false or
misleading for the purposes of this Act merely because the record contains a
spelling error.
After section 173 insert:
173AA—Reasonable steps defence
(1) If a provision of this Act states that a person has the benefit of the
reasonable steps defence for an offence, it is a defence to a
charge for the offence concerned if the person charged establishes
that—
(a) the person did not know, and could not reasonably be expected to have
known, of the contravention concerned; and
(b) either—
(i) the person had taken all reasonable steps to prevent the
contravention; or
(ii) there were no steps that the person could reasonably be expected to
have taken to prevent the contravention.
(2) If the person charged establishes that the person had complied with
all relevant standards and procedures under a registered industry code of
practice with respect to matters to which the breach relates, proof of
compliance (as so established by the person) constitutes prima facie
evidence that the person charged had taken reasonable steps to prevent the
contravention.
(3) Subsection (2) is not available unless the person charged has
served notice of intention to establish the matters referred to in that
subsection on the prosecution at least 28 days before the day on which the
matter is set down for hearing.
10—Amendment of
section 176—Regulations and rules
(1) Section 176(1a)—after paragraph (g) insert:
(ga) make provisions relating to the establishment and administration of
approved road transport compliance schemes; and
(2) Section 176—after subsection (2) insert:
(2a) Regulations making provision relating to the establishment and
administration of approved road transport compliance schemes
may—
(a) impose penalties, not exceeding $50 000, for offences against the
regulations relating to approved road transport compliance schemes;
and
(b) fix expiation fees, not exceeding $750, for alleged offences against
the regulations relating to approved road transport compliance schemes;
and
(c) provide for and prescribe fees (including the waiving, remission or
refund of such fees) in respect of approved road transport compliance
schemes.