Regulations 8E and 8F of the Principal Regulations are rescinded and the following regulations are substituted:

8E.     Driving hours

(1)  In this regulation –

bus means a motor vehicle that is designed and constructed to carry passengers and has a seating capacity of more than 12 adults, including the driver;

commercial bus means a bus that is used to carry passengers for reward or other business purposes;

controlled vehicle means a commercial bus or heavy truck;

driving time of a person, means time that the person spends –

(a) driving a controlled vehicle; or

(b) being in the driver's seat of a controlled vehicle while its engine is running; or

(c) being in a controlled vehicle for the purposes of training, supervising or assessing another person who is driving the vehicle;

heavy truck means a motor vehicle, other than a bus, or trailer that –

(a) has a GVM exceeding 12 tonnes; and

(b) forms part of a combination where the GVM of the vehicles in the combination exceeds, in the aggregate, 12 tonnes;

permit means a permit issued by the Commission under this regulation;

rest time of a person, means any period of at least 15 minutes that is not work time for that person;

work time of a person, means the person's driving time or time that the person spends –

(a) loading or unloading a controlled vehicle; or

(b) inspecting, servicing or repairing a controlled vehicle; or

(c) inspecting or attending to a controlled vehicle's load; or

(d) attending, in the case of a commercial bus, to a controlled vehicle's passengers; or

(e) cleaning or refuelling a controlled vehicle; or

(f) soliciting or arranging orders for the transport of people or goods or carrying out other marketing tasks in relation to the operation of a controlled vehicle; or

(g) recording information or completing a document, whether in accordance with these regulations or otherwise, in relation to a controlled vehicle or its operation; or

(h) assisting, supervising or assessing another person who is carrying out an activity referred to in this definition.

(2)  Except as may be authorised by a permit, a person must not drive a controlled vehicle if the person's total driving time, in the aggregate, exceeds –

(a) 5 hours in the immediately preceding 5 hours and 30 minutes; or

(b) 12 hours in the immediately preceding 24 hours; or

(c) 72 hours in the immediately preceding 168 hours.

Penalty:  Fine not exceeding 20 penalty units.

(3)  Except as may be authorised by a permit, a person must not drive a controlled vehicle if the person's total work time, in the aggregate, exceeds –

(a) 5 hours in the immediately preceding 5 hours and 30 minutes; or

(b) 14 hours in the immediately preceding 24 hours; or

(c) 72 hours in the immediately preceding 168 hours.

Penalty:  Fine not exceeding 20 penalty units.

(4)  Except as may be authorised by a permit, a person must not drive a heavy truck if he or she has not had rest time of at least –

(a) 30 minutes in the immediately preceding 5 hours and 30 minutes, either in one continuous period or in 2 separate periods of at least 15 minutes each; or

(b) 10 hours in the immediately preceding 24 hours, including one continuous period of 6 hours not in or on the truck; or

(c) 96 hours in the immediately preceding 168 hours, including one continuous period of 24 hours not in or on the truck.

Penalty:  Fine not exceeding 20 penalty units.

(5)  Except as may be authorised by a permit, a person must not drive a commercial bus if he or she has not had rest time of at least –

(a) 30 minutes in the immediately preceding 5 hours and 30 minutes, either in one continuous period or in 2 separate periods of at least 15 minutes each; or

(b) 10 hours in the immediately preceding 24 hours, including one continuous period of 6 hours not in or on the bus; or

(c) 384 hours in the immediately preceding 672 hours, including –

(i) at least 4 separate periods not in or on the vehicle, each of 24 continuous hours; or

(ii) 2 separate periods not in or on the vehicle, one of at least 72 continuous hours and the other of at least 24 continuous hours; or

(iii) 2 separate periods not in or on the vehicle, each of at least 48 continuous hours; or

(iv) one period of at least 96 continuous hours not in or on the vehicle.

Penalty:  Fine not exceeding 20 penalty units.

(6)  An application for a permit referred to in this regulation is to be –

(a) made in writing; and

(b) lodged with the Commission; and

(c) accompanied by such information or evidence as the Commission requires.

(7)  On receipt of an application the Commission may issue the permit or refuse to issue a permit.

(8)  In determining whether or not to issue the permit the Commission may have regard to all or any of the following matters:

(a) public safety;

(b) whether the applicant or any employee or employer of the applicant has been convicted of an offence against this regulation or regulation 8F or 8G or another driving or traffic offence;

(c) whether the stated need for the permit seems genuine and reasonable;

(d) the driver fatigue management practices of the applicant or any employer of the applicant;

(e) any other matter that the Commission reasonably considers relevant.

(9)  A permit may be issued –

(a) without conditions; or

(b) on such conditions relevant to the matters referred to in subregulation (8) as the Commission determines and specifies in the permit.

(10)  A permit may be issued for such period, not exceeding 12 months, as is specified in the permit.

(11)  A permit may be surrendered to the Commission at any time but it is not transferable or renewable.

(12)  The Commission may, by notice in writing to the permitholder, cancel a permit if it is satisfied on reasonable grounds that –

(a) it is no longer required by the permitholder; or

(b) the permitholder has, to a serious or persistent degree, contravened or failed to comply with the conditions of the permit.

8F.     Logbooks

(1)  In this regulation –

driver means a person who, in the Commission's reasonable determination, is a regular, periodic or occasional driver of controlled vehicles;

non-driving time of a driver, means the driver's work time and rest time.

(2)  Expressions that are defined in regulation 8E and used in this regulation have the same meaning in this regulation as in that regulation.

(3)  The Commission, in writing, may direct a driver to carry a logbook and record in the logbook the driver's driving time and non-driving time in accordance with those directions.

(4)  The Commission, in writing, may direct a driver to whom it has given a direction under subregulation (3) to produce the logbook to the Commission, or to give the Commission such information from the logbook as it specifies by the direction, within 30 days.

(5)  A person must not fail to comply with a direction under subregulation (3) or (4) .

Penalty:  Fine not exceeding 15 penalty units.

(6)  A driver who has been directed under subregulation (3) to carry a logbook must, unless it has been produced to the Commission under subregulation (4) , produce it to an authorized officer or police officer on demand.

Penalty:  Fine not exceeding 15 penalty units.

(7)  The Commission, in writing, may direct the registered operator of a controlled vehicle to –

(a) cause a logbook to be placed in the vehicle; and

(b) cause each driver of the vehicle to record in the logbook the driver's daily driving time and non-driving time in respect of the vehicle.

(8)  The Commission, in writing, may direct a person to whom it has given a direction under subregulation (7) to produce the logbook to the Commission, or to give the Commission such information from the logbook as it specifies by the direction, within 30 days.

(9)  A person must not fail to comply with a direction under subregulation (7) or (8) .

Penalty:  Fine not exceeding 15 penalty units.

8G.     Chain of responsibility

(1)  In this regulation –

consignor means a person who –

(a) engages another person, directly or through an agent or intermediary, to transport goods by road; and

(b) has possession or control of the goods before they are transported; and

(c) is not the employer of the driver of the controlled vehicle that transports the goods;

employer means a person who employs people to drive controlled vehicles;

manager of an employer, means the person who, whether as an employee or agent of the employer, is responsible for –

(a) rostering the driving time, work time or rest time of employed drivers of controlled vehicles; or

(b) scheduling the transportation of people or goods;

offence means an offence against regulation 8E .

(2)  Expressions that are defined in regulation 8E and used in this regulation have the same meaning in this regulation as in that regulation.

(3)  A person must not, either directly or indirectly, ask, direct or require another person to do something if the first-mentioned person knows, or ought to know, that by complying the other person would, or would be likely to, commit an offence.

Penalty:  Fine not exceeding 20 penalty units.

(4)  A consignor must not engage a person to transport goods by road if the consignor knows, or ought to know, that by complying with an express or implied condition of the engagement the driver of a controlled vehicle transporting the goods would, or would be likely to, commit an offence.

Penalty:  Fine not exceeding 20 penalty units.

(5)  An employer must not allow an employee to drive a controlled vehicle for the employer if the employer knows, or ought to know, that by driving the vehicle the employee would, or would be likely to, commit an offence.

Penalty:  Fine not exceeding 20 penalty units.

(6)  An employer or manager must not roster driving time, work time or rest time for an employed driver if the employer or manager knows, or ought to know, that by complying with the roster the driver would, or would be likely to, commit an offence.

Penalty:  Fine not exceeding 20 penalty units.

(7)  An employer or manager must not schedule the transport of people or goods if the employer or manager knows, or ought to know, that by complying with the schedule the driver of a controlled vehicle transporting the people or goods would, or would be likely to, commit an offence.

Penalty:  Fine not exceeding 20 penalty units.

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 18 April 2001

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations bring the State's controls on heavy vehicle driving hours more fully into line with national road transport policy.