South Australian Numbered Regulations

ROAD TRAFFIC (HEAVY VEHICLE DRIVER FATIGUE) REGULATIONS 2008 (NO 250 OF 2008)

- under the Road Traffic Act 1961

TABLE OF PROVISIONS

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Regulated heavy vehicles
   5.      Relationship between duties under these regulations and OHS legislation

   PART 2--Duties to avoid and prevent driving while fatigued

           Division 1--Driving while fatigued

   6.      Driving while fatigued
   7.      Duty to prevent person driving while fatigued

           Division 2--Additional duties on parties in chain of responsibility

   8.      Additional duty of employers, prime contractors and operators
   9.      Additional duty of schedulers
   10.     Additional duty of consignors and consignees
   11.     Additional duty of loading managers

           Division 3--Miscellaneous

   12.     Certain requests etc prohibited
   13.     Certain contracts etc prohibited

   PART 3--Work times and rest times

           Division 1--Work times and rest times etc

   14.     Work times and rest times
   15.     Calculation of time periods

           Division 2--Standard hours, BFM hours and AFM hours etc

   16.     Standard hours--solo drivers
   17.     Standard hours--solo drivers (buses)
   18.     Special provision for solo drivers of buses
   19.     Standard hours--two-up drivers
   20.     Additional defence related to short rest breaks
   21.     BFM hours--solo drivers working under BFM accreditation
   22.     Additional defence related to split rest breaks
   23.     BFM hours--two-up drivers working under BFM accreditation
   24.     AFM hours--driving hours for drivers working under AFM accreditation
   25.     AFM hours--offences related to AFM outer limits
   26.     Changing a work/rest hours option

           Division 3--BFM and AFM documentation etc

   27.     Driver working under BFM accreditation to carry certain documentation
   28.     Driver working under AFM accreditation to carry certain documentation

   PART 4--Record keeping

           Division 1--Work diaries

              Subdivision 1--Written work diaries

   29.     Form of written work diaries
   30.     Issue of written work diaries

              Subdivision 2--Electronic work diaries

   31.     Approval of certain systems as electronic work diaries
   32.     Variation or revocation of approval
   33.     Notification of variation or revocation of approval
   34.     Labelling of electronic work diaries
   35.     Removal of labels
   36.     How electronic work diary to be operated and maintained
   37.     Authority may permit use of certain systems as electronic work diaries

              Subdivision 3--Work diary requirements

   38.     Duty on certain persons to ensure compliance with Subdivision
   39.     Driver must carry work diary
   40.     Information that driver must record in work diary
   41.     Supplementary records
   42.     Notification of destruction etc of work diary
   43.     Odometers

           Division 2--Records relating to drivers

   44.     Information that record keeper must keep
   45.     Driver must give certain information to record keepers
   46.     Further offences in relation to record keepers

           Division 3--Offences related to work records

   47.     Interpretation
   48.     Offence to keep multiple written work diaries
   49.     Offence to record information in multiple work diaries
   50.     Offence to remove pages from written work diary
   51.     Offence to tamper with electronic work diary
   52.     Offence to change or deface entry in work record
   53.     Offence to possess certain documents
   54.     Offence to make entry in work record of another
   55.     Offence to hold out as having made entry
   56.     Offence to destroy certain documents

   PART 5--Exemptions

           Division 1--Emergency services

   57.     Exemption for emergency services

           Division 2--Other exemptions

   58.     Work/rest hours exemptions
   59.     Work diary exemptions
   60.     Variation or revocation of exemption
   61.     Variation of conditions of exemption

           Division 3--Miscellaneous

   62.     Offences relating to work time and rest time under work/rest hours exemption
   63.     Driver to carry written exemption
   64.     Driver to return exemption
   65.     Immediate suspension of exemption in public interest
   66.     Authority may require return of written exemptions
   67.     Replacement of written exemptions
   68.     Additional offences relating to exemptions

   PART 6--Compliance and enforcement

           Division 1--Additional enforcement powers etc

   69.     Additional powers of authorised officers and police officers
   70.     Formal warnings
   71.     Duty of authorised officers and police officers to annotate work diary

           Division 2--Penalties for offences against these regulations

   72.      Meaning of minor, substantial, severe and critical risk offences
   73.     Penalties for offences

           Division 3--Administrative decisions etc

   74.     Referral of matters to the Fatigue Authorities Panel
   75.     Mutual recognition and corresponding fatigue laws
   76.     Effect of certain administrative actions of corresponding authorities
   77.     Notification of corresponding Authorities about certain decisions
   78.     Register of decisions

   PART 7--Miscellaneous

           Division 1--Taking reasonable steps

   79.     Taking reasonable steps

           Division 2--Reconsideration of decision by Authority

   80.     Application of Division
   81.     Review of decisions
   82.     Appeal to District Court

           Division 3--Miscellaneous

   83.     Confidentiality
   84.     Evidentiary provision
   85.     Authority may grant exemption for purposes of certain trials
   86.     Minister may declare regulations not to apply
           SCHEDULE 1--Standard hours--solo drivers
           SCHEDULE 2--Standard hours--solo drivers (buses)
           SCHEDULE 3--Standard hours--two-up drivers
           SCHEDULE 4--BFM hours--solo drivers working under BFM accreditation
           SCHEDULE 5--BFM hours--two-up drivers working under BFM accreditation
           SCHEDULE 6--Offence categories in relation to AFM accreditation
           SCHEDULE 7--Offences against regulation 62 (offences relating to work time and rest time under work/rest hours
           SCHEDULE 8--Fees
           SCHEDULE 9--Transitional provisions

           Division 1--Transitional work/rest hours class exemption

           Division 2--Other transitional class exemptions
           Legislative history