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PARLIAMENT OF VICTORIA
Road Legislation Further Amendment Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 4
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986 5
3 Definitions 5
4 Definition of driver base 11
5 Driver licences 12
6 Probationary driver licences 12
7 Demerits register 12
8 Definition for Part 5 16
9 New section 68B inserted 16
68B Deliberately or recklessly entering a level crossing
when a train or tram is approaching etc. 16
10 Definitions in Part 6AA 17
11 Use of effective statement to avoid liability 19
12 Cancellation of acceptance of statement 22
13 Proceedings against nominated persons 22
14 Defences to operator onus offences 23
15 Relevant offence 23
16 Disclosure of information 23
17 Transitional provisions 25
103N Transitional provisions for operator onus--Road
Legislation Further Amendment Act 2007 25
103O Transitional provisions for Demerits Register--Road
Legislation Further Amendment Act 2007 25
103P Transitional provisions for level crossings--Road
Legislation Further Amendment Act 2007 26
103Q Transitional provisions for fatigue regulated heavy
vehicles--Road Legislation Further Amendment
Act 2007 26
103R Transitional provisions for certain drivers of fatigue
regulated heavy vehicles--Road Legislation Further
Amendment Act 2007 27
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103S Transitional provisions for existing exemptions for
drivers of fatigue regulated heavy vehicles--Road
Legislation Further Amendment Act 2007 29
103T Transitional provisions for existing log books--Road
Legislation Further Amendment Act 2007 30
18 Definition of driver base 30
19 Definitions of consignor, consignee and loader 30
20 New Part 10A inserted 31
PART 10A--FATIGUE MANAGEMENT
REQUIREMENTS 31
Division 1--Interpretation 31
191A Definitions 31
191B Meaning of fatigue regulated heavy vehicle 43
191C Application of Commonwealth Interpretation Act 44
Division 2--Duties to avoid and prevent fatigue 44
191D Driver's duty to avoid driver fatigue 44
191E Duty on parties in the chain of responsibility to
prevent driver fatigue 45
191F Duties on employers, prime contractors and operators 46
191G Duties on schedulers 48
191H Duties on consignors and consignees 50
191I Duties on loading managers 53
191J Certain requests etc. prohibited 54
191K Certain contracts prohibited 55
Division 3--Duties relating to work and rest times 56
Subdivision 1--Work and rest times applying to drivers
not working under accreditation 56
191L Standard hours--solo drivers 56
191M Standard hours--solo drivers of buses 57
191N Standard hours--two-up drivers 58
Subdivision 2--Work and rest times applying to drivers
working under BFM accreditation 59
191O BFM hours--solo drivers 59
191P BFM hours--two-up drivers 60
Subdivision 3--Work and rest hours under AFM
accreditation 61
191Q Drivers working under AFM accreditation 61
191R Changing work/rest hours option 64
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Division 4--Duties relating to record keeping 66
191S Driver must carry work diary 66
191T Information that driver must record in work diary 67
191U How driver must record information in work diary 69
191V Destroyed, lost, stolen or malfunctioning work diaries 71
191W Malfunctioning odometers 73
191X Duty on employers, prime contractors, operators and
schedulers to ensure driver compliance 75
Division 5--Records relating to drivers 76
191Y Information that record keeper must record 76
191Z False entries 81
191ZA Keeping 2 work diaries simultaneously prohibited 81
191ZB Possession of purported work records etc. prohibited 82
191ZC Defacing or changing work records etc. prohibited 82
191ZD False representation of work records prohibited 82
191ZE Making entries in someone else's work records
prohibited 82
191ZF Destruction of certain work records prohibited 83
191ZG Tampering with electronic work diaries prohibited 83
Division 6--Accreditation and exemptions 84
Subdivision 1--BFM accreditation 84
191ZH Meaning of BFM system 84
191ZI Application for BFM accreditation 85
191ZJ Granting BFM accreditation 86
191ZK BFM accreditation certificate and period of
accreditation 87
191ZL Refusal to grant BFM accreditation 87
191ZM Conditions of BFM accreditation 87
191ZN Obligations of operator under BFM accreditation 88
191ZO Operator must advise of change or end of
accreditation 89
Subdivision 2--AFM accreditation 89
191ZP Meaning of AFM proposal 89
191ZQ Meaning of AFM system 90
191ZR Application for AFM accreditation 91
191ZS Granting AFM accreditation 91
191ZT AFM accreditation certificate and period of
accreditation 93
191ZU Refusal to grant AFM accreditation 94
191ZV Conditions of AFM accreditation 94
191ZW Driver must carry AFM accreditation details 95
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191ZX Obligations of operator under AFM accreditation 95
191ZY Operator must advise of change or end of accreditation 97
Subdivision 3--Exemptions 97
191ZZ Exemptions for emergency services 97
191ZZA Work diary exemption 98
Subdivision 4--Variation, suspension or cancellation of
accreditation or exemption 100
191ZZB Variation or cancellation of accreditation or
exemption--on application 100
191ZZC Grounds for variation--without application 101
191ZZD Grounds for cancellation--without application 102
191ZZE Variation or cancellation of accreditation--without
application 103
191ZZF Immediate suspension of accreditation in interest
of public safety 104
191ZZG Return of accreditation certificate or exemption 105
Subdivision 5--Miscellaneous provisions relating to
accreditation and exemptions 105
191ZZH Replacement of lost etc. accreditation certificates
and exemptions 105
191ZZI Offence to falsely represent that accreditation
held 106
Division 7--Compliance and enforcement 107
Subdivision 1--Enforcement powers 107
191ZZJ Requiring rest for contravention of maximum
work requirement 107
191ZZK Requiring rest for contravention of minimum rest
requirement 108
191ZZL Requiring driver to stop working if impaired by
fatigue 109
191ZZM Requiring driver to stop working if work diary
not produced or unreliable 111
191ZZN Compliance with requirement under this Division 112
Subdivision 2--Reasonable steps and provisions
concerning defences 113
191ZZO What constitutes reasonable steps 113
191ZZP Reasonable steps defence 115
191ZZQ Matters relevant to deciding whether acts or
omissions constitute all reasonable steps 115
191ZZR Inclusion of reasonable diligence 118
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191ZZS Compliance with industry code of practice 118
191ZZT Exclusion of mistake of fact defence 119
Subdivision 3--Penalties 119
191ZZU Penalties 119
191ZZV Proceedings for offences 120
191ZZW Deciding whether a person knew or ought
reasonably to have known something 122
191ZZX Multiple offenders 122
191ZZY Other powers not affected 123
191ZZZ Contracting out prohibited 123
Division 8--Fatigue Authorities Panel 123
191ZZZA Establishment of Panel 123
191ZZZB Approved matters to be published 124
Division 9--Reconsideration and review of decisions 124
191ZZZC Decisions that may be reconsidered and
reviewed 124
191ZZZD Reconsideration of decisions 126
21 New Part 11 heading 127
"PART 11--ADDITIONAL PROVISIONS
CONCERNING RELEVANT HEAVY VEHICLE
OFFENCES". 127
22 Application of Commonwealth Acts Interpretation Act 1901 127
23 Relevant heavy vehicle offences 127
24 Definitions 128
25 Meaning of associate repealed 128
26 Meaning of operator repealed 128
27 Definitions 128
28 Regulations 129
29 New Schedules 3 to 4A inserted 130
SCHEDULE 3--Work and Rest Hours for Drivers Not
Working under Accreditation 130
Table 1--Standard hours--Solo drivers of a fatigue
regulated heavy vehicle 130
Table 2--Standard hours--Solo drivers of buses 134
Table 3--Standard hours--Two-up drivers of a fatigue
regulated heavy vehicle 138
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SCHEDULE 4--Work and Rest Hours for Drivers Working
Under BFM Accreditation 145
Table 1--BFM hours--Solo drivers of a fatigue
regulated heavy vehicle 145
Table 2--BFM hours--Two-up drivers of a fatigue
regulated heavy vehicle 151
SCHEDULE 4A--AFM Outer Limits 160
PART 3--AMENDMENT OF CHATTEL SECURITIES
ACT 1987 161
30 New section 16B inserted 161
16B Corporation may enter into agreement with sheriff
about registration fees 161
31 Section 18 substituted 161
18 Cancellation of registration 161
32 Corporation to record details of cancellation 162
33 Prescribed fees for variation 162
34 Variation of particulars 162
35 Correction of inaccuracies in the register 163
36 Certificate 163
37 New section 24A inserted 164
24A Provision of information other than by certificate 164
38 Regulations 164
PART 4--AMENDMENT OF EASTLINK PROJECT ACT 2004 166
39 Definitions 166
40 New section 197AA inserted 171
197AA Authorisation of authorised persons 171
41 Liability to pay toll charged 172
42 Exemptions from toll and toll administration fees 172
43 Section 199 substituted and new sections 199A and 199B
inserted 172
199 Operator not liable if effective tolling statement
made 172
199A Cancellation of acceptance of statement 174
199B Offence to provide false or misleading information 175
44 Charge of toll 175
45 Payment of toll 176
46 Division 3 heading amended 176
47 Sections 204 and 205 substituted 177
204 Offence to drive unregistered vehicle in toll zone 177
205 Registration of vehicles 179
205A On-going registration 180
205B Temporary registration 181
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205C Information to be given in relation to registration 182
205D Cancellation or suspension of registration 184
48 New section 206A inserted 185
206A Offence to fraudulently induce registration 185
49 New section 206B inserted 186
206B Court to require payment of toll and costs 186
50 Freeway Corporation may notify enforcement agency of non-
payment of toll 186
51 New section 207A inserted 187
207A Disputes in relation to payment of tolls 187
52 Power to serve a notice 188
53 Infringement penalty 188
54 Additional effect of expiation 188
55 Section 219 substituted 189
219 Operator onus offence 189
56 New section 219A inserted 189
219A Extension of time if no actual notice for offence to
drive unregistered vehicle in toll zone 189
57 Proof that vehicle driven on EastLink 194
58 Evidence of certificate or document from VicRoads 194
59 New section 221A inserted 194
221A General evidentiary provision 194
60 Evidence of certificate issued by Freeway Corporation 195
61 Regulations 195
PART 5--AMENDMENT OF MELBOURNE CITY LINK
ACT 1995 196
62 Definitions 196
63 New section 69B inserted 201
69B Authorisation of authorised persons 201
64 Liability to pay toll and toll administration fees 201
65 New sections 72AA and 72AB inserted 203
72AA Cancellation of acceptance of statement 203
72AB Offence to provide false or misleading information 204
66 Charge of toll 204
67 Offence to drive unregistered vehicle in toll zone 204
68 Relevant corporation or authorised person may notify
enforcement agency of non-payment of toll 205
69 Disputes in relation to payment of tolls 205
70 Power to serve a notice 206
71 Prescribed penalty 206
72 General evidentiary provisions 206
73 Transitional provisions 207
125 Transitional provisions--Road Legislation Further
Amendment Act 2007 207
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PART 6--AMENDMENT OF ROAD MANAGEMENT
ACT 2004 208
74 Definitions 208
75 Powers of a road authority 208
76 General functions 208
77 Street lighting arrangements 209
46A Specific duties and powers in relation to street
lighting 209
78 Defence to prove that reasonable care was taken 209
79 New Schedule 7A inserted 210
SCHEDULE 7A--Street Lighting 210
1 Definitions 210
2 Power to install street lighting 210
3 Responsibility for installation and operating costs of
street lighting 211
4 Transitional provisions--cost allocation tables for
arterial roads 212
PART 7--AMENDMENT OF TRANSPORT ACT 1983 216
80 Delegation 216
81 Repeal of section 55 216
82 Substitution of Roads Corporation as the licensing authority
for tow trucks 216
83 Allocation schemes 217
84 Roads Corporation to replace Secretary 217
85 Repeal of Schedule 5 217
PART 8--REPEAL OF AMENDING ACT 218
86 Repeal of Act 218
ENDNOTES 219
561106B.I-22/11/2007 viii BILL LA INTRODUCTION AS
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Road Legislation Further Amendment
Bill 2007
A Bill for an Act to amend the Road Safety Act 1986, the Chattel
Securities Act 1987, the EastLink Project Act 2004, the Melbourne
City Link Act 1995, the Road Management Act 2004 and the
Transport Act 1983 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is--
(a) to amend the Road Safety Act 1986--
5 (i) to include provisions providing for
fatigue management for drivers of
certain heavy vehicles; and
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Road Legislation Further Amendment Bill 2007
Part 1--Preliminary
s. 1
(ii) to introduce a new offence for drivers
who deliberately or recklessly enter
level crossings when warning devices
are operating or a train or tram is
5 approaching; and
(iii) to allow for the use of VicRoads'
records--
(A) to assist in locating missing
persons; and
10 (B) to facilitate the reunion of families
and friends; and
(C) to facilitate road safety related
research projects; and
(D) to assist infrastructure managers to
15 carry out the managers' functions
under the Road Management Act
2004; and
(iv) to clarify the operator onus provisions
in Part 6AA for the purposes of tolling
20 offences; and
(v) to enable VicRoads to delay sending a
demerit point suspension notice if a
demerit point option notice is returned
as undeliverable; and
25 (vi) to allow VicRoads to grant people
under the age of 21 years driver
licences for different terms than those
that apply to older drivers; and
(vii) to empower regulations in respect of
30 learner drivers to make different
provision for drivers of different ages;
and
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Road Legislation Further Amendment Bill 2007
Part 1--Preliminary
s. 1
(viii) to clarify that a Ministerial order that
recognises laws of other States or of
Territories for the purposes of
determining a person's liability for
5 repeat drink-driving and drug-driving
offences may include offences under
laws that have been repealed or
expired; and
(b) to amend the Chattel Securities Act 1987 to
10 clarify provisions regarding the registration
of security interests in motor vehicles,
including clarification of the power to make
regulations imposing fees, and the ability to
waive or reduce those fees in certain
15 circumstances; and
(c) to amend the EastLink Project Act 2004 to
ensure that the tolling provisions in that Act
include recent reforms to operator onus
offences and the provisions are more
20 consistent with those that apply under the
Melbourne City Link Act 1995; and
(d) to amend the Melbourne City Link Act
1995 to apply recent reforms to operator
onus offences to City Link tolling, so that
25 recipients of tolling invoices who were not
driving can nominate the responsible person
in relation to the vehicle; and
(e) to amend the Road Management Act 2004
to establish a new set of arrangements for the
30 funding and management of street lighting
on arterial roads between the State and local
governments, and to make amendments in
relation to road management functions; and
561106B.I-22/11/2007 3 BILL LA INTRODUCTION AS
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Road Legislation Further Amendment Bill 2007
Part 1--Preliminary
s. 2
(f) to amend the Transport Act 1983 to transfer
responsibility for the provisions regarding
tow trucks from the Director of Public
Transport and the Secretary to the
5 Department of Infrastructure to VicRoads.
2 Commencement
(1) Subject to subsections (2) to (7), this Act comes
into operation on the day after the day on which it
receives the Royal Assent.
10 (2) Subject to subsections (3) to (6), sections 3, 4, 6,
10 to 14, 18 to 29, 33, 34, 35(2) and 37 and
Parts 4 and 5 come into operation on a day or days
to be proclaimed.
(3) If sections 3 and 4 and 18 to 29 do not come into
15 operation before 1 October 2008, those provisions
come into operation on that day.
(4) If section 6 does not come into operation before
1 July 2008, it comes into operation on that day.
(5) If sections 10 to 14 and Parts 4 and 5 do not come
20 into operation before 1 September 2008 those
provisions come into operation on that day.
(6) If sections 33, 34, 35(2) and 37 do not come into
operation before 14 September 2008, those
provisions come into operation on that day.
25 (7) Sections 75, 77 and 79 come into operation on
1 January 2008.
__________________
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 3
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
3 Definitions
In section 3(1) of the Road Safety Act 1986-- See:
Act No.
127/1986.
(a) for the definition of associate substitute-- Reprint No. 10
as at
5 "associate, of another person, means any of 9 November
the following persons-- 2006
and
(a) a spouse, parent, brother, sister or amending
Act Nos
child of the other person; 19/1991,
97/2005,
(b) a member of the other person's 48/2006,
81/2006,
10 household; 14/2007,
30/2007 and
(c) a partner of the other person; 52/2007.
LawToday:
(d) a trustee or beneficiary of the www.
same trust as the other person; legislation.
vic.gov.au
(e) a trustee of a trust of which the
15 other person is a beneficiary;
(f) a beneficiary of a trust of which
the other person is a trustee;
(g) a body corporate if the other
person is a director or member of
20 the governing body of the body
corporate;
(h) a director or member of the
governing body of a body
corporate if the other person is the
25 body corporate;
(i) a body corporate (other than a
public company whose shares are
listed on a stock exchange) of
which the other person is a
30 shareholder;
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 3
(j) a shareholder of the other person
if the other person is a body
corporate (other than a public
company whose shares are listed
5 on a stock exchange);
(k) a related body corporate of the
other person within the meaning
of the Corporations Act;
(l) a person with whom a chain of
10 relationships with the other person
can be traced under any one or
more of the above paragraphs;";
(b) for the definition of consignee substitute--
"consignee, in relation to goods transported
15 or to be transported by a heavy vehicle
or a fatigue regulated heavy vehicle--
(a) means the person who--
(i) has consented to being, and
is, named or otherwise
20 identified as the intended
consignee of the goods in the
transport documentation for
the consignment; or
(ii) actually receives the goods
25 after the goods are
transported by road; but
(b) does not include a person who
merely unloads or unpacks the
goods;";
30 (c) for the definition of consignor substitute--
"consignor of goods is a person who--
(a) with the person's authority, is
named or otherwise identified as
the consignor of the goods in the
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Part 2--Amendment of Road Safety Act 1986
s. 3
transport documentation relating
to the transport of the goods by
road; or
(b) engages an operator of a vehicle,
5 either directly or indirectly or
through an agent or other
intermediary, to transport the
goods by road; or
(c) has possession of, or control over,
10 the goods immediately before the
goods are transported by road; or
(d) loads a vehicle with the goods, for
transport by road, at a place where
goods in bulk are stored or
15 temporarily held and that is
unattended (except by a driver of
the vehicle, a trainee driver or any
person necessary for the normal
operation of the vehicle) during
20 loading; or
(e) if the goods are imported into
Australia, imports the goods;";
(d) for the definition of driver base substitute--
"driver base, in relation to a heavy vehicle or
25 a fatigue regulated heavy vehicle,
means--
(a) in the case of a vehicle that is not
part of a group of vehicles--
(i) the place recorded for the
30 time being as the driver base
in the log book or work diary
kept by the driver of the
vehicle; or
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 3
(ii) if no place is recorded as
specified in subparagraph
(i)--the garage address of
the vehicle, as recorded--
5 (A) by the Corporation; or
(B) if the vehicle is
registered in another
State or Territory, by
the registration
10 authority of that State
or Territory; or
(iii) if no place is recorded as
specified in subparagraph (i)
or (ii)--the place from which
15 the driver normally works
and receives instructions; or
(b) in the case of a group of
vehicles--
(i) the place recorded for the
20 time being as the driver base
in the log book or work diary
kept by the driver of the
group; or
(ii) if no place is recorded as
25 specified in subparagraph
(i)--the garage address of
each vehicle in the group, as
recorded--
(A) by the Corporation; or
30 (B) if a vehicle is registered
in another State or
Territory, by the
registration authority of
that State or Territory;
35 or
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 3
(iii) if no place is recorded as
specified in subparagraph (i)
or (ii)--the place from which
the driver normally works
5 and receives instructions;";
(e) for the definitions of garage address of a
vehicle and garage address of a heavy
vehicle substitute--
"garage address, of a vehicle, means--
10 (a) in the case of a heavy vehicle that
is normally kept at a depot or base
of operations when not in use, the
principal depot or base of
operations of the vehicle; or
15 (b) in the case of a heavy vehicle that
is normally kept on a highway
when not in use--
(i) if the vehicle has only one
registered operator, the home
20 address of the registered
operator; or
(ii) if the vehicle has more than
one registered operator, the
home address of the
25 registered operator whose
home address is nearest to
the highway where it is kept;
or
(c) in any other case, the place
30 nominated by the applicant for
registration as the place where the
vehicle is normally kept;";
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 3
(f) for the definition of loader substitute--
"loader means--
(a) a person who loads a vehicle or
combination with goods for
5 transport by road; or
(b) a person who loads a vehicle or
combination with a freight
container (whether or not
containing goods) for transport by
10 road; or
(c) without limiting paragraph (a)
or (b), a person who loads a
freight container already in or on a
vehicle or combination with goods
15 for transport by road; or
(d) a person who supervises an
activity mentioned in paragraph
(a), (b) or (c); or
(e) a person who manages or controls
20 an activity mentioned in paragraph
(a), (b), (c) or (d);";
(g) for the definition of operator substitute--
"operator means--
(a) in the case of a vehicle (including
25 a vehicle in a group of vehicles
that are physically connected)--
the person responsible for
controlling or directing the
operations of the vehicle; or
30 (b) in the case of a group of vehicles
that are physically connected--the
person responsible for controlling
or directing the operations of the
towing vehicle in the group; but
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 4
does not include a person merely
because the person owns a vehicle or
does any or all of the following--
(c) drives a vehicle;
5 (d) maintains or arranges for the
maintenance of a vehicle;
(e) arranges for the registration of a
vehicle;";
(h) insert the following definitions--
10 "beneficiary, of a trust, includes an object of
a discretionary trust;
business day means a day other than a
Saturday, a Sunday or a public holiday
appointed under the Public Holidays
15 Act 1993;
fatigue regulated heavy vehicle has the
meaning given by section 191B;
registered industry code of practice means
an industry code of practice for which
20 registration is in force under
section 93B;";
(i) in paragraph (d) of the example at the foot of
the definition of journey documentation,
after "log book entry," insert "a work
25 diary,".
4 Definition of driver base
After section 3 of the Road Safety Act 1986
insert--
"3AAA Definition of driver base
30 For the purposes of the definition of driver
base in section 3(1)--
(a) a group of vehicles means a heavy
vehicle or fatigue regulated heavy
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 5
vehicle that is physically connected to
one or more other vehicles (even if
those other vehicles are not heavy
vehicles or fatigue regulated heavy
5 vehicles); and
(b) if a driver is a self-employed driver and
an employed driver at different times,
the driver may have one driver base as
a self-employed driver and another
10 driver base as an employed driver; and
(c) if a driver has 2 or more employers, the
driver may have a different driver base
in relation to each employer.".
5 Driver licences
15 After section 19(2) of the Road Safety Act 1986
insert--
"(2A) Without limiting subsection (2)(b), a
regulation for the purposes of that paragraph
may provide for different procedures or
20 requirements depending on a person's age,
experience or any other factor.".
6 Probationary driver licences
After section 21(3) of the Road Safety Act 1986
insert--
25 "(4) Without limiting subsection (3), regulations
for the purpose of this section may provide
that probationary driver licences granted to
persons under the age of 21 may have longer
terms than the terms that usually apply to
30 probationary drivers licences granted to
persons who are 21 years of age or more.".
7 Demerits register
(1) In section 25(3) of the Road Safety Act 1986,
after "a notice" insert "(a demerit point option
35 notice)".
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 7
(2) In section 25(3A) of the Road Safety Act 1986,
for "that notice" substitute "a demerit point
option notice".
(3) In sections 25(3B) and 25(3C) of the Road Safety
5 Act 1986, for "notice served under subsection (3)"
(wherever occurring) substitute "demerit point
option notice".
(4) In sections 25(3B) and 25(3C) of the Road Safety
Act 1986, for "notice under subsection (3)"
10 (wherever occurring) substitute "demerit point
option notice".
(5) For section 25(3D) of the Road Safety Act 1986
substitute--
"(3D) If a person on whom a demerit point option
15 notice is served does not, in accordance with
subsection (3A), notify the Corporation that
the person elects to extend the demerit point
period, the Corporation must--
(a) for a demerit point option notice
20 returned to the Corporation as
undelivered to the person--
(i) decide to serve another demerit
point option notice on the person
under subsection (3) as soon as
25 practicable after the person--
(A) next applies for or renews
the person's driver licence or
learner permit; or
(B) next applies to register, or
30 renew the registration of, a
motor vehicle for which the
person is the registered
operator; or
561106B.I-22/11/2007 13 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 7
(C) otherwise advises the
Corporation of the person's
current address; or
(ii) take action under paragraph (b); or
5 (b) otherwise--suspend the person's driver
licence (whether or not a probationary
driver licence) or learner permit for the
period calculated in accordance with
subsection (3E).
10 (3E) For the purposes of subsection (3D)(b), the
period for which a person's driver licence or
learner permit must be suspended is--
(a) 3 months, and an additional 1 month for
each 4 demerit points in excess of 12
15 recorded against the person as at the
date the demerit point option notice was
issued--
(i) for a full driver licence; or
(ii) for a learner permit or
20 probationary driver licence if the
person also holds, or has held, a
full driver licence; or
(iii) for a learner permit or
probationary driver licence if the
25 person incurred 12 or more
demerit points within any 3 year
period but not 5 or more within
any 12 month period; or
(b) 3 months, and an additional 1 month for
30 each 4 demerit points in excess of 5
recorded against the person as at the
date the demerit point option notice was
issued--
(i) for a learner permit or
35 probationary driver licence; and
561106B.I-22/11/2007 14 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 7
(ii) if the person does not hold, and
has never held, a full driver
licence; and
(iii) if the person incurred 5 or more
5 demerit points within any
12 month period.
(3F) If the Corporation suspends a person's driver
licence or learner permit under subsection
(3D)(b), the Corporation must, when
10 calculating demerit points recorded against
the person at any time after the end of the
period of suspension, disregard all demerit
points recorded against the person as at the
date of issue of the demerit point option
15 notice.".
(6) In section 25(4) of the Road Safety Act 1986, for
"notice served under subsection (3) or (3B)(c)"
substitute "demerit point option notice or a notice
under subsection (3B)(c)".
20 (7) After section 25(4) of the Road Safety Act 1986
insert--
"(4AA) For the purposes of subsection (4), if a
demerit point option notice is returned to the
Corporation as undelivered to the person and
25 the Corporation decides, under subsection
(3D)(a)(i), to serve another demerit point
option notice on the person, the suspension
takes effect on and from the date specified in
the later notice.".
30 (8) In sections 25(4A) and 25(4B) of the Road Safety
Act 1986, for "notice under subsection (3) or
(3B)(c)" (wherever occurring) substitute "demerit
point option notice or a notice under subsection
(3B)(c)".
561106B.I-22/11/2007 15 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 8
8 Definition for Part 5
In section 47A(2) of the Road Safety Act 1986,
after "Territory" insert ", including a law that has
been repealed or has expired,".
5 9 New section 68B inserted
After section 68A of the Road Safety Act 1986
insert--
"68B Deliberately or recklessly entering a level
crossing when a train or tram is
10 approaching etc.
(1) A driver of a vehicle must not, deliberately
or recklessly, enter a level crossing if--
(a) warning lights (for example, twin red
lights or rotating red lights) are
15 operating or warning bells are ringing;
or
(b) a gate, boom or barrier at the crossing
is closed or is opening or closing; or
(c) a train or tram is on or entering the
20 crossing; or
(d) a train or tram approaching the crossing
can be seen from the crossing, or is
sounding a warning, and there would be
a danger of a collision with the train or
25 tram if the driver entered the crossing;
or
(e) the driver cannot drive through the
crossing because the crossing, or a road
beyond the crossing, is blocked.
30 Penalty: 30 penalty units.
(2) On convicting a person, or finding a person
guilty, of an offence under subsection (1),
the court must--
561106B.I-22/11/2007 16 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 10
(a) if the offender holds a driver licence or
permit, suspend the licence or permit
for a period of not less than 3 months;
or
5 (b) if the offender does not hold a driver
licence or permit, disqualify the
offender from obtaining one for a
period of not less than 3 months.".
10 Definitions in Part 6AA
10 In section 84BB of the Road Safety Act 1986--
(a) insert the following definitions--
"authorised tolling person means--
(a) a person authorised in writing
under section 69B of the
15 Melbourne City Link Act 1995
to carry out functions under Part 4
of that Act; or
(b) a person authorised in writing
under section 197AA of the
20 EastLink Project Act 2004 to
carry out functions under Part 9 of
that Act;
tolling nomination statement, in relation to
a tolling offence, means a statement in
25 writing made by an authorised tolling
person to the effect that the authorised
tolling person believes that the person
nominated in the statement is the
responsible person in relation to a
30 motor vehicle at the time of the tolling
offence;
561106B.I-22/11/2007 17 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 10
tolling offence means an offence involving a
motor vehicle against section 73(1) of
the Melbourne City Link Act 1995 or
section 204(1) of the EastLink Project
5 Act 2004;";
(b) in the definition of effective, after "a sold
vehicle statement" insert ", a tolling
nomination statement";
(c) in the definition of illegal user statement,
10 omit "and giving reasons for that belief";
(d) in the definition of known user statement--
(i) in paragraph (b), for "attached; and"
substitute "attached;";
(ii) paragraph (c) is repealed;
15 (e) for the definition of nomination rejection
statement substitute--
"nomination rejection statement means a
statement in writing made by a person
nominated in a known user statement, a
20 sold vehicle statement or a tolling
nomination statement as being the
responsible person in relation to a
motor vehicle or trailer to the effect--
(a) if nominated in a known user
25 statement, that the person had not
had possession or control of the
motor vehicle or trailer, as the
case requires, before the offence,
as stated in the known user
30 statement, and did not have
possession or control of it at the
time of the offence; and
(b) if nominated in a sold vehicle
statement, that the motor vehicle
35 or trailer, as the case requires, had
561106B.I-22/11/2007 18 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 11
not been sold or disposed of to the
person, and that no interest in it
had otherwise vested in the
person, as stated in the sold
5 vehicle statement; and
(c) if nominated in a tolling
nomination statement, that the
person was not the responsible
person in relation to the motor
10 vehicle at the time of the tolling
offence as stated in the tolling
nomination statement;";
(f) in the definition of responsible person, for
paragraph (d) substitute--
15 "(d) in the case of a tolling offence, without
limiting paragraphs (a), (b) and (c), the
person nominated in an effective tolling
nomination statement;";
(g) in the definition of unknown user
20 statement--
(i) after "trailer" (where first occurring)
insert "(other than a tolling offence)";
(ii) in paragraph (b), omit "and giving
reasons for not knowing and not being
25 able to ascertain the identity of that
person".
11 Use of effective statement to avoid liability
(1) In section 84BE(1) of the Road Safety Act
1986--
30 (a) in paragraph (a), after "the person" insert
", or an authorised tolling person,";
(b) for paragraph (a)(iv) substitute--
"(iv) subject to subsection (1A), an unknown
user statement; or";
561106B.I-22/11/2007 19 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 11
(c) after paragraph (a)(iv) insert--
"(v) a tolling nomination statement; and".
(2) After section 84BE(1) of the Road Safety Act
1986 insert--
5 "(1A) A person nominated in a tolling nomination
statement may not make, or give to an
enforcement official, an unknown user
statement in relation to a tolling offence.".
(3) In section 84BE(2) of the Road Safety Act
10 1986--
(a) for "statement or a" substitute
"statement, a";
(b) after "vehicle statement" insert "or a tolling
nomination statement";
15 (c) after paragraph (b) insert--
"(ba) reasons for nominating the individual
under paragraph (a) or person under
paragraph (b); and".
(4) In section 84BE(4) of the Road Safety Act
20 1986--
(a) for "statement or a" substitute
"statement, a";
(b) after "vehicle statement" insert "or a tolling
nomination statement".
25 (5) After section 84BE(4) of the Road Safety Act
1986 insert--
"(4A) If an authorised tolling person gives an
enforcement official a tolling nomination
statement, and the nomination made in the
30 statement is based on a belief formed after
receiving a statement or statements made
under Part 4 of the Melbourne City Link
561106B.I-22/11/2007 20 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 11
Act 1995 or Part 9 of the EastLink Project
Act 2004--
(a) an enforcement official may request the
statement or statements be given to the
5 official; and
(b) the authorised tolling person must give
a copy or copies of the statement or
statements made under the Melbourne
City Link Act 1995 or the EastLink
10 Project Act 2004 to the official as soon
as practicable after the official makes
the request.".
(6) For section 84BE(5) of the Road Safety Act 1986
substitute--
15 "(5) An enforcement official may decide to
accept an illegal user statement as an
effective statement for the purposes of this
Part if satisfied as to the matters, and any
reasons set out in support of those matters,
20 stated in the statement.
(5A) An enforcement official may decide to
accept an unknown user statement as an
effective statement if the enforcement
official is satisfied that it states--
25 (a) that, at the time of the offence, the
person was not driving, or had not at
that time possession or control of the
motor vehicle or trailer or the motor
vehicle to which the trailer was
30 attached; and
(b) reasons in support of the matters raised
under paragraph (a) that--
(i) are adequate and reasonable in the
circumstances; and
561106B.I-22/11/2007 21 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 12
(ii) explain why the person could not,
with reasonable diligence,
ascertain the identity of the person
who was at that time driving or at
5 that time was last known to have
had possession or control of the
motor vehicle or trailer, or the
motor vehicle to which the trailer
was attached.".
10 (7) In section 84BE(6) of the Road Safety Act
1986--
(a) for "or sold" substitute ", sold";
(b) after "vehicle statement" insert "or tolling
nomination statement";
15 (c) for "or (5)" substitute ", (5) or (5A)".
12 Cancellation of acceptance of statement
In section 84BF(1)(a) of the Road Safety Act
1986--
(a) for "statement or a" substitute
20 "statement, a";
(b) after "vehicle statement" insert "or a tolling
nomination statement".
13 Proceedings against nominated persons
(1) In section 84BG(1) of the Road Safety Act
25 1986--
(a) for "or sold" substitute ", sold";
(b) after "vehicle statement" insert "or tolling
nomination statement".
561106B.I-22/11/2007 22 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 16
(2) In section 84BG(2) of the Road Safety Act
1986--
(a) for "or sold" substitute ", sold";
(b) after "vehicle statement" insert "or tolling
5 nomination statement".
14 Defences to operator onus offences
(1) After section 84BH(b) of the Road Safety Act
1986 insert--
"(ba) that the acceptance as an effective statement
10 for the purposes of this Part of a tolling
nomination statement made by an authorised
tolling person ought not to have been
cancelled under section 84BF(1);".
(2) In section 84BH(c) of the Road Safety Act
15 1986--
(a) for "or sold" substitute ", sold";
(b) after "vehicle statement" insert "or tolling
nomination statement";
(c) for "incorrect;" substitute "incorrect.".
20 (3) Section 84BH(d) of the Road Safety Act 1986 is
repealed.
15 Relevant offence
After paragraph (e) of the definition of relevant
offence in section 84C(1) of the Road Safety Act
25 1986 insert--
"(ea) an offence against section 68B;".
16 Disclosure of information
After section 92(3)(ib) of the Road Safety Act
1986 insert--
30 "(ic) to or by a person or body, approved by the
Minister by notice in the Government
Gazette for the purposes of this paragraph, to
561106B.I-22/11/2007 23 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 16
enable the person or body to locate and
contact individuals--
(i) for the purpose of locating missing
persons for non-commercial,
5 humanitarian purposes; or
(ii) for facilitating the reunion of families
and friends for non-commercial,
humanitarian purposes; or
Example
10 The use of driver licence and vehicle registration
records by a welfare agency for the purpose of
reuniting members of refugee communities with
families and friends within Victoria or in other parts
of the world.
15 (id) for the purposes of the Corporation
conducting road safety research or
disseminating information or advice on road
safety to road users generally or a particular
class of road users; or
20 Example
Using driver licence and vehicle registration records
for the purposes of conducting a survey of licence
holders to gather data for use in developing road
safety policies and programs.
25 (ie) to or by a road authority or utility (within the
meaning of the Road Management Act
2004) for the purposes of issuing or
defending civil proceedings relating to--
(i) the road authority's or utility's road
30 management functions within the
meaning of the Road Management
Act 2004; or
(ii) damage to infrastructure, within the
meaning of the Road Management
35 Act 2004, resulting from road
accidents; or".
561106B.I-22/11/2007 24 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 17
17 Transitional provisions
After section 103M of the Road Safety Act 1986
insert--
"103N Transitional provisions for operator
5 onus--Road Legislation Further
Amendment Act 2007
(1) The amendments made to a section of this
Act by any of the following provisions of the
Road Legislation Further Amendment Act
10 2007 only apply to offences alleged to have
been committed on or after the
commencement of that provision--
(a) section 10;
(b) section 11;
15 (c) section 12;
(d) section 13;
(e) section 14.
(2) For the purposes of subsection (1), if an
offence is alleged to have been committed
20 between 2 dates, one before and one after the
commencement of a provision of the Road
Legislation Further Amendment Act 2007
referred to in subsections (1)(a) to (1)(e), the
offence is alleged to have been committed
25 before the commencement of that provision.
103O Transitional provisions for Demerits
Register--Road Legislation Further
Amendment Act 2007
The amendments made to section 25 of this
30 Act by section 7 of the Road Legislation
Further Amendment Act 2007 apply to a
demerit point option notice served on a
person after the commencement of that
section 7, whether the demerit points to
561106B.I-22/11/2007 25 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 17
which the notice relates were incurred before
or after that commencement.
103P Transitional provisions for level
crossings--Road Legislation Further
5 Amendment Act 2007
(1) Section 68B of this Act, as inserted by
section 9 of the Road Legislation Further
Amendment Act 2007, and paragraph (ea)
of the definition of relevant offence in
10 section 84C(1) of this Act, as inserted by
section 15 of that Act, apply only to offences
alleged to have been committed on or after
the commencement of sections 9 or 15.
(2) For the purposes of subsection (1), if an
15 offence is alleged to have been committed
between 2 dates, one before and one after the
commencement of sections 9 and 15 of the
Road Legislation Further Amendment Act
2007, the offence is alleged to have been
20 committed before the commencement of
those provisions.
103Q Transitional provisions for fatigue
regulated heavy vehicles--Road
Legislation Further Amendment Act 2007
25 (1) Part 10A of this Act, as inserted by
section 20 of the Road Legislation Further
Amendment Act 2007, applies only to
offences alleged to have been committed on
or after the commencement of that
30 section 20.
(2) For the purposes of subsection (1), if an
offence is alleged to have been committed
between 2 dates, one before and one after the
commencement of section 20 of the Road
35 Legislation Further Amendment Act 2007,
the offence is alleged to have been
561106B.I-22/11/2007 26 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 17
committed before the commencement of that
provision.
103R Transitional provisions for certain drivers
of fatigue regulated heavy vehicles--Road
5 Legislation Further Amendment Act 2007
(1) Despite anything to the contrary in this Act
but subject to subsection (6), until the expiry
of 6 months after the commencement of
Part 10A, as inserted by section 20 of the
10 Road Legislation Further Amendment Act
2007--
(a) a driver may drive at BFM hours if,
immediately before that
commencement, the driver--
15 (i) was exempt under the regulations
from complying with the
requirements in the regulations
relating to maximum working
times and minimum rest times for
20 drivers because the driver was a
participant in a fatigue
management program approved
under the regulations and known
as a transitional fatigue
25 management program; or
(ii) was exempt under a law of
another State or of a Territory
from complying with the
requirements relating to maximum
30 working times and minimum rest
times for drivers applying under
the law in that State or Territory
because the driver was a
participant in a fatigue
35 management program
corresponding to the program
561106B.I-22/11/2007 27 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 17
referred to in subparagraph (i);
and
(b) a driver who, immediately before that
commencement, was exempt under a
5 law of another State or of a Territory
from the requirements relating to
maximum working times and minimum
rest times for drivers applying under the
law in that State or Territory because
10 the driver was a participant in a fatigue
management program known as a
fatigue management pilot, may drive at
the hours approved in the exemption.
(2) Subsection (1)(a) does not apply--
15 (a) at any time that the driver is in breach
of any condition or requirement of the
fatigue management program in which
the driver is a participant; or
(b) if the fatigue management program is
20 cancelled.
(3) Subsection (1)(b) does not apply--
(a) at any time that the driver is in breach
of any condition or requirement of the
exemption under the fatigue
25 management program; or
(b) if the exemption is cancelled.
(4) For the purposes of this section, a driver is
not in breach of any condition or requirement
referred to in subsection (2) or (3) if, instead
30 of recording any entry the driver was
required to record in a log book, the driver
records the entry in a work diary issued
under Part 10A.
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CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 17
(5) For the purposes of this section, if a driver's
employer has yet to obtain BFM
accreditation, it is sufficient compliance with
any requirement of this Act to record a BFM
5 accreditation number if the employer's
TFMS or FMS exemption registration
number is recorded instead.
(6) The Corporation may withdraw approval of a
fatigue management program given under
10 the regulations.
103S Transitional provisions for existing
exemptions for drivers of fatigue
regulated heavy vehicles--Road
Legislation Further Amendment Act 2007
15 (1) This section applies if, immediately before
the commencement of Part 10A, as inserted
by section 20 of the Road Legislation
Further Amendment Act 2007, a driver
was exempted under the regulations from the
20 requirement to make records in the driver's
log book.
(2) The exemption is taken to be a work diary
exemption made under Part 10A.
(3) Unless cancelled sooner under Part 10A, the
25 exemption continues to apply--
(a) for the period stated in the exemption;
or
(b) if the exemption does not state a period,
for 3 years after the exemption took
30 effect.
561106B.I-22/11/2007 29 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 18
103T Transitional provisions for existing log
books--Road Legislation Further
Amendment Act 2007
(1) A driver working under standard hours may
5 continue to use a log book issued under the
regulations for 90 days after the
commencement of Part 10A, as inserted by
section 20 of the Road Legislation Further
Amendment Act 2007, as if the regulations
10 providing for driving hours for drivers
continued to apply.
(2) A driver cannot work under BFM hours or
AFM hours unless the driver has surrendered
the driver's log book and has obtained a work
15 diary.".
18 Definition of driver base
Section 108 of the Road Safety Act 1986 is
repealed.
19 Definitions of consignor, consignee and loader
20 (1) Section 171(1) of the Road Safety Act 1986 is
repealed.
(2) Section 173(1) of the Road Safety Act 1986 is
repealed.
(3) Section 176(1) of the Road Safety Act 1986 is
25 repealed.
561106B.I-22/11/2007 30 BILL LA INTRODUCTION AS
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
20 New Part 10A inserted
After Part 10 of the Road Safety Act 1986
insert--
"PART 10A--FATIGUE MANAGEMENT
5 REQUIREMENTS
Division 1--Interpretation
191A Definitions
In this Part--
100+ km work, for the driver of a fatigue
10 regulated heavy vehicle, means the
driver is driving in an area that has a
radius of more than 100 km from the
vehicle's driver base;
accreditation means--
15 (a) AFM accreditation; or
(b) BFM accreditation;
ADR 42 means the national standard
described as ADR 42 as in force from
time to time under the Motor Vehicle
20 Standards Act 1989 of the
Commonwealth;
AFM accreditation means accreditation
granted under section 191ZS, or a
corresponding fatigue law, that is in
25 force;
AFM proposal has the meaning given by
section 191ZP;
AFM hours means the work times and rest
times set out in an AFM accreditation
30 for a driver working under the
accreditation;
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
AFM outer limits are the limits set in
Schedule 4A;
AFM standards and business rules means
the standards and business rules for
5 AFM accreditation specified by the
Fatigue Authorities Panel;
AFM system has the meaning given by
section 191ZQ;
approved sleeper berth means--
10 (a) for a vehicle other than a bus--a
driver's sleeper berth that
complies with ADR 42 or with a
standard for sleeper berths that is
specified by the Fatigue
15 Authorities Panel and is able to be
used by the driver when taking
rest; or
(b) for a bus--a driver's sleeper berth
that complies with a standard for
20 sleeper berths that is specified by
the Fatigue Authorities Panel and
is able to be used by the driver
when taking rest;
BFM accreditation means accreditation
25 granted under section 191ZJ, or a
corresponding fatigue law, that is in
force;
BFM hours means the work times and rest
times set out in Schedule 4 for a driver
30 working under BFM accreditation;
BFM standards and business rules means
the standards and business rules for
BFM accreditation specified by the
Fatigue Authorities Panel;
561106B.I-22/11/2007 32 BILL LA INTRODUCTION AS
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
BFM system has the meaning given by
section 191ZH;
corresponding fatigue law means--
(a) a law in force in another
5 jurisdiction corresponding to this
Part; or
(b) a law of another jurisdiction that is
declared under the regulations to
be a corresponding fatigue law,
10 whether or not the law
corresponds, or substantially
corresponds, to this Part;
critical risk offence means an offence that is
specified in this Part or Schedule 3 or 4
15 as a critical risk offence;
driver means the driver of a fatigue regulated
heavy vehicle and includes an
employed driver and a self-employed
driver;
20 electronic work diary means a device that--
(a) is approved by the Corporation in
accordance with the regulations;
and
(b) is fitted to a fatigue regulated
25 heavy vehicle to monitor the work
and rest times of the vehicle's
driver;
employed driver means a driver who is
employed by someone else to drive a
30 fatigue regulated heavy vehicle;
561106B.I-22/11/2007 33 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
employer means a person who engages
someone else to drive a fatigue
regulated heavy vehicle under a
contract of employment, apprenticeship
5 or training;
Example
A labour hire company.
entry, in a work record, includes an
annotation made in the record by an
10 inspector;
Fatigue Authorities Panel means the panel
established under section 191ZZZA;
fatigue impairment requirement means a
requirement under this Part relating to a
15 requirement that a person must not
drive a fatigue regulated heavy vehicle
while impaired by fatigue;
fatigue management requirement means--
(a) a fatigue impairment requirement;
20 or
(b) a maximum work requirement; or
(c) a minimum rest requirement; or
(d) a work diary requirement;
impaired by fatigue, for a driver, means the
25 driver is fatigued to the extent that the
driver is incapable of driving a vehicle
safely;
loading manager means--
(a) a person who manages, or is
30 responsible for the operation of,
premises at which usually on a
business day at least 5 fatigue
regulated heavy vehicles are
loaded with goods for transport, or
561106B.I-22/11/2007 34 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
have goods that the vehicles have
transported unloaded; or
(b) a person who directly or indirectly
supervises, manages or controls
5 the loading or unloading of fatigue
regulated heavy vehicles at
premises referred to in
paragraph (a);
long/night work time means--
10 (a) any work time of more than
12 hours in a 24 hour period; or
(b) any work time between midnight
and 6 a.m. (or the equivalent hours
in the time zone of the driver base
15 of the vehicle if it is on a journey);
maximum work requirement means a
requirement under this Part or
Schedule 3 or 4 relating to the
maximum period a driver, or two-up
20 driver, of a fatigue regulated heavy
vehicle may drive a fatigue regulated
heavy vehicle, or otherwise work,
without taking a rest;
minimum rest requirement means a
25 requirement under this Part or
Schedule 3 or 4 relating to the
minimum period a driver, or two-up
driver, of a fatigue regulated heavy
vehicle must rest to break up the period
30 of time the driver, or two-up driver,
drives a fatigue regulated heavy vehicle
or otherwise works;
minor risk offence means an offence that is
specified in this Part or Schedule 3 or 4
35 as a minor risk offence;
561106B.I-22/11/2007 35 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
motor home--
(a) means a rigid or articulated motor
vehicle or combination that is
built, or has been modified,
5 primarily for residential purposes;
and
(b) does not include a motor vehicle
that is merely a motor vehicle
constructed with a sleeper berth;
10 night rest break means--
(a) 7 hours of continuous and
stationary rest time taken between
10 p.m. on a day and 8 a.m. on the
next day, using the time zone of
15 the driver base of the vehicle; or
(b) 24 hours of continuous and
stationary rest time;
participating jurisdiction means--
(a) this jurisdiction; or
20 (b) another jurisdiction, if that
jurisdiction has a corresponding
fatigue law;
party in the chain of responsibility, in
relation to a fatigue regulated heavy
25 vehicle, means any of the following
persons--
(a) the employer of the driver of the
vehicle;
(b) the prime contractor of the driver;
30 (c) the operator of the vehicle;
561106B.I-22/11/2007 36 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
(d) the scheduler of goods or
passengers for transport by the
vehicle, and the scheduler of its
driver;
5 (e) the consignor of goods for
transport by the vehicle;
(f) the consignee of goods for
transport by the vehicle;
(g) the loading manager of goods for
10 transport by the vehicle;
(h) the loader of goods on to the
vehicle;
(i) the unloader of goods from the
vehicle;
15 prime contractor means a person who
engages someone else to drive a fatigue
regulated heavy vehicle under a
contract for services;
Example
20 A logistics business that engages a subcontractor to
transport goods.
record keeper, for a driver, means--
(a) for an employed driver working
under standard hours--the
25 employer; or
(b) for a self-employed driver
working under standard hours--
the self-employed driver; or
(c) for an employed or self-employed
30 driver working under an operator's
accreditation--the operator;
561106B.I-22/11/2007 37 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
record location, for a driver, means--
(a) the place which the record keeper
has told the driver is the driver's
record location; or
5 (b) if the record keeper has not told
the driver a place under paragraph
(a), the driver base of the fatigue
regulated heavy vehicle;
rest time, for a driver, means the time that is
10 not work time for the driver;
scheduler means a person who--
(a) schedules a driver's work time or
rest time; or
(b) schedules the transport of
15 passengers or goods by road;
severe risk offence means an offence that is
specified in this Part or Schedule 3 or 4
as a severe risk offence;
solo driver means a driver who is not a party
20 to a two-up driving arrangement;
specified, in relation to an offence, means the
offence is specified as a particular type
of offence either--
(a) directly by a statement or other
25 indication in the provision
creating the offence that the
offence is an offence of that
particular type; or
(b) by a statement that the penalty for
30 the offence is the penalty for that
type of offence;
561106B.I-22/11/2007 38 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
standard hours means the work times and
rest times applying under this Part to a
driver if the driver is not working under
an accreditation;
5 stationary rest time means rest time that a
driver spends--
(a) out of a fatigue regulated heavy
vehicle; or
(b) in an approved sleeper berth of a
10 stationary fatigue regulated heavy
vehicle;
substantial risk offence means an offence
that is specified in this Part or
Schedule 3 or 4 as a substantial risk
15 offence;
suitable rest place, for fatigue regulated
heavy vehicles, means--
(a) a rest area that is designated by
the Corporation for use by fatigue
20 regulated heavy vehicles and able
to be used by fatigue regulated
heavy vehicles; or
(b) a place at which fatigue regulated
heavy vehicles may be safely
25 parked; or
(c) another place prescribed under the
regulations to be a suitable rest
place for fatigue regulated heavy
vehicles;
561106B.I-22/11/2007 39 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
supplementary record means a record that--
(a) is not made in a written or
electronic work diary; and
(b) is at least as accurate and
5 understandable as, and is made in
a similar form to, a record made in
a written or electronic work diary;
unloader means--
(a) a person who unloads from a
10 fatigue regulated heavy vehicle
goods that have been transported
by road; or
(b) a person who unloads from a bulk
container or freight container on a
15 fatigue regulated heavy vehicle, or
a tank that is part of a fatigue
regulated heavy vehicle, goods
that have been transported by
road; or
20 (c) a person who unloads from a
fatigue regulated heavy vehicle a
freight container, whether or not it
contains goods, that have been
transported by road;
25 work diary requirement means a
requirement under this Part relating to a
driver keeping a work diary or another
record;
work record means a work diary or a record
30 required to be kept under section 191Y;
561106B.I-22/11/2007 40 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
work/rest change, for a driver, means--
(a) a change for the driver from work
time to rest time; or
(b) a change for the driver from rest
5 time to work time; or
(c) a change for the driver from being
a solo driver to being a two-up
driver; or
(d) a change for the driver from being
10 a two-up driver to being a solo
driver;
work/rest hours option sets out the
maximum work time and minimum rest
time that a driver must have and
15 includes--
(a) standard hours; and
(b) BFM hours; and
(c) AFM hours;
work time, for a driver, means--
20 (a) the time the driver spends driving
a fatigue regulated heavy vehicle,
whether or not it is on a road and
includes--
(i) being in the driver's seat of
25 the vehicle while its engine
is running; and
(ii) being in the vehicle for the
purpose of instructing or
supervising another person
30 driving the vehicle; and
561106B.I-22/11/2007 41 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
(b) any other time the driver spends
doing tasks that are related to the
operation of a fatigue regulated
heavy vehicle, including for
5 example--
(i) loading or unloading the
vehicle; and
(ii) inspecting, servicing or
repairing the vehicle; and
10 (iii) inspecting or attending to the
load on the vehicle; and
(iv) attending to the passengers
of a bus; and
(v) cleaning or refuelling the
15 vehicle; and
(vi) performing marketing tasks
in relation to the operation of
the vehicle, including
arranging, or canvassing, for
20 the transport of passengers or
goods; and
(vii) helping with, or supervising,
an activity mentioned in
subparagraph (i), (ii), (iii),
25 (iv), (v) or (vi); and
(viii) recording information, or
completing a document, in
accordance with this Act or
otherwise, in relation to the
30 operation of the vehicle.
561106B.I-22/11/2007 42 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
191B Meaning of fatigue regulated heavy
vehicle
(1) A heavy vehicle is a fatigue regulated heavy
vehicle if it is any of the following--
5 (a) a motor vehicle with a GVM of more
than 12 tonnes;
(b) a combination with a GVM of more
than 12 tonnes;
(c) a bus.
10 (2) However, a heavy vehicle is not a fatigue
regulated heavy vehicle if it is any of the
following--
(a) a tram;
(b) a motor vehicle that--
15 (i) is built, or has been modified,
primarily to operate as a machine
or implement off-road, on a road-
related area, or on an area of road
that is under construction; and
20 (ii) is not capable of carrying goods or
passengers by road;
Examples
The following are examples of vehicles of a
type referred to in paragraph (b)--
25 agricultural machine, backhoe, bulldozer,
excavator, forklift, front-end loader, grader,
tractor, motor vehicle registered as a special
purpose vehicle.
The following are examples of vehicles not of a
30 type referred to in paragraph (b)--
truck-mounted crane, truck-mounted drilling
rig.
(c) a motor home.
561106B.I-22/11/2007 43 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
191C Application of Commonwealth
Interpretation Act
(1) The Acts Interpretation Act 1901 of the
Commonwealth applies to the interpretation
5 of this Part, except that, in relation to
Victoria, "Ministerial Order" refers to an
order made by the responsible Minister of
Victoria.
(2) This section does not prevent the
10 Interpretation of Legislation Act 1984
from applying to this Part to the extent that it
can do so consistently with the application of
the Acts Interpretation Act 1901 of the
Commonwealth.
15 Division 2--Duties to avoid and prevent fatigue
191D Driver's duty to avoid driver fatigue
(1) A person must not drive a fatigue regulated
heavy vehicle on a road while the person is
impaired by fatigue.
20 Penalty: the penalty for a severe risk
offence.
(2) A person charged with an offence under
subsection (1) does not have the benefit of
the mistake of fact defence.
25 Note
Section 191ZZT sets out how subsection (2) operates.
561106B.I-22/11/2007 44 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
191E Duty on parties in the chain of
responsibility to prevent driver fatigue
(1) A party in the chain of responsibility in
relation to a fatigue regulated heavy vehicle
5 must take all reasonable steps to ensure that
a person does not drive the vehicle on a road
while the person is impaired by fatigue.
Penalty: the penalty for a critical risk
offence.
10 (2) A person charged with an offence under
subsection (1) does not have the benefit of
the mistake of fact defence.
Note
Section 191ZZT sets out how subsection (2) operates.
15 (3) For the purposes of subsection (1),
evidence--
(a) that a party complied with a relevant
prescribed fatigue duty under another
law is evidence that the party took all
20 the reasonable steps required by that
subsection; and
(b) that an operator complied with the
requirement of the operator's
accreditation is evidence that the
25 operator took all the reasonable steps
required by that subsection.
(4) In a prosecution for an offence under
subsection (1), it is not necessary to prove
that any particular person drove, or would or
30 may have driven, the vehicle on a road while
impaired by fatigue.
561106B.I-22/11/2007 45 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
(5) In this section--
prescribed fatigue duty under another law
means a duty under another law of this
jurisdiction, or of another participating
5 jurisdiction, prescribed by the
regulations for the purposes of this
section.
191F Duties on employers, prime contractors
and operators
10 (1) This section applies to--
(a) the employer of an employed driver;
and
(b) the prime contractor of a self-employed
driver; and
15 (c) the operator of the fatigue regulated
heavy vehicle if the driver is to make a
journey for the operator.
(2) The employer, prime contractor and operator
must take all reasonable steps to ensure that
20 the employer's, prime contractor's or
operator's business practices will not cause
or permit the driver to--
(a) drive while impaired by fatigue; or
(b) drive while in breach of the driver's
25 work/rest hours option; or
(c) drive in breach of another law to avoid
driving while impaired by fatigue or
while in breach of the driver's work/rest
hours option.
30 Penalty: the penalty for a severe risk
offence.
561106B.I-22/11/2007 46 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
(3) The employer must not cause or permit the
driver to drive the vehicle unless--
(a) the employer has complied with
subsection (2); and
5 (b) the employer, after making reasonable
inquiries, is satisfied that the scheduler
has complied with section 191G.
Penalty: the penalty for a substantial risk
offence.
10 (4) The prime contractor or operator must not
cause or permit the driver to drive the
vehicle, or enter into a contract with the
driver to that effect, unless--
(a) the prime contractor or operator has
15 complied with subsection (2); and
(b) the prime contractor or operator, after
making reasonable inquiries, is satisfied
that the scheduler has complied with
section 191G.
20 Penalty: the penalty for a substantial risk
offence.
(5) A person charged with an offence under this
section does not have the benefit of the
mistake of fact defence.
25 Note
Section 191ZZT sets out how subsection (5) operates.
(6) In this section--
business practices, of an employer, prime
contractor or operator, means the
30 practices of the employer, prime
contractor or operator in running the
business, and includes--
561106B.I-22/11/2007 47 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
(a) the operating policies and
procedures of the business; and
(b) the human resource and contract
management arrangements of the
5 business; and
(c) arrangements for managing safety.
191G Duties on schedulers
(1) This section applies to the scheduler of--
(a) a fatigue regulated heavy vehicle; or
10 (b) a driver.
(2) The scheduler must take all reasonable steps
to ensure that a driver's schedule for driving
the vehicle will not cause or permit the
driver to--
15 (a) drive while impaired by fatigue; or
(b) drive while in breach of the driver's
work/rest hours option; or
(c) drive in breach of another law to avoid
driving while impaired by fatigue or
20 while in breach of the driver's work/rest
hours option.
Penalty: the penalty for a severe risk
offence.
(3) The scheduler must not cause or permit the
25 driver to drive the vehicle unless--
(a) the scheduler has complied with
subsection (2); and
561106B.I-22/11/2007 48 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
(b) the driver's schedule for driving the
vehicle allows for--
(i) the driver to take rest breaks in
accordance with the driver's
5 work/rest hours option; and
Examples
· Ensuring that a driver is able to
take a short rest break at a suitable
location.
10 · Ensuring that a driver is able to
take a long rest break at a location
where facilities that enable
adequate rest to be taken are
available.
15 (ii) traffic conditions and other delays
that could reasonably be expected.
Examples
· The actual average speed able to
be travelled lawfully and safely by
20 the driver on the route in question.
· Known traffic conditions such as
road works or traffic congestion on
the route in question.
· Delays caused by loading,
25 unloading or queuing.
Penalty: the penalty for a substantial
risk offence.
(4) A person charged with an offence under this
section does not have the benefit of the
30 mistake of fact defence.
Note
Section 191ZZT sets out how subsection (4) operates.
561106B.I-22/11/2007 49 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
191H Duties on consignors and consignees
(1) This section applies to--
(a) the consignor of goods for transport by
a fatigue regulated heavy vehicle; and
5 (b) the consignee of goods for transport by
a fatigue regulated heavy vehicle.
(2) The consignor and consignee must take all
reasonable steps to ensure that the terms of
consignment including, for example, the
10 delivery time, will not result in, encourage or
provide an incentive to the driver to--
(a) drive while impaired by fatigue; or
(b) drive while in breach of the driver's
work/rest hours option; or
15 (c) drive in breach of another law to avoid
driving while impaired by fatigue or
while in breach of the driver's work/rest
hours option.
Penalty: the penalty for a severe risk
20 offence.
(3) The consignor and consignee must take all
reasonable steps to ensure that the terms of
consignment, including, for example, the
delivery time, will not result in, encourage or
25 provide an incentive to the employer of an
employed driver, prime contractor of a self-
employed driver or operator of the fatigue
regulated heavy vehicle to cause or permit
the driver to--
30 (a) drive while impaired by fatigue; or
(b) drive while in breach of the driver's
work/rest hours option; or
561106B.I-22/11/2007 50 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
(c) drive in breach of another law to avoid
driving while impaired by fatigue or
while in breach of the driver's work/rest
hours option.
5 Penalty: the penalty for a severe risk
offence.
(4) The consignor or consignee must not cause
or permit the driver to drive the vehicle, or
enter into a contract to that effect, unless--
10 (a) the consignor or consignee has
complied with subsections (2) and (3);
and
(b) for an employed driver--the consignor
or consignee, after making reasonable
15 inquiries, is satisfied that--
(i) the driver's employer and the
operator of the driver's vehicle
have complied with section 191F;
and
20 (ii) the scheduler has complied with
section 191G; and
(c) for a self-employed driver--the
consignor or consignee, after making
reasonable inquiries, is satisfied that--
25 (i) if the driver has a prime
contractor--the prime contractor
of the driver has complied with
section 191F; and
(ii) the scheduler has complied with
30 section 191G.
Penalty: the penalty for a substantial risk
offence.
561106B.I-22/11/2007 51 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
(5) The consignor or consignee must not make a
demand that affects, or that may affect, a
time in a schedule for the transport of the
consigned goods and that may cause or
5 permit the driver to--
(a) drive while impaired by fatigue; or
(b) drive while in breach of the driver's
work/rest hours option; or
(c) drive while in breach of another law to
10 avoid driving while impaired by fatigue
or while in breach of the driver's
work/rest hours option.
Penalty: the penalty for a severe risk
offence.
15 (6) Subsection (5) does not apply if the
consignor or consignee, before making the
demand--
(a) complies with subsections (2) and (3);
and
20 (b) is satisfied, after making reasonable
inquiries, that the making of the
demand will not cause or permit a
person to contravene section 191D.
(7) A person charged with an offence under this
25 section does not have the benefit of the
mistake of fact defence.
Note
Section 191ZZT sets out how subsection (7) operates.
561106B.I-22/11/2007 52 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
191I Duties on loading managers
(1) A loading manager must take all reasonable
steps to ensure that the arrangements for
loading and unloading fatigue regulated
5 heavy vehicles at the premises at which he or
she is the loading manager will not cause or
permit a driver to--
(a) drive while impaired; or
(b) drive while in breach of the driver's
10 work/rest hours option; or
(c) drive in breach of another law to avoid
driving while impaired by fatigue or
while in breach of the driver's work/rest
hours option.
15 Penalty: the penalty for a severe risk
offence.
Examples
· Providing for rest to be taken with adequate
facilities.
20 · Providing for the reporting of travel delays and
providing a mechanism for managing late
arrivals.
· Allowing loading and unloading to occur at an
agreed time.
25 · Having a system of setting and allocating
loading and unloading times that a driver can
reasonably rely on to comply with the driver's
work/rest hours option.
(2) The loading manager must take all
30 reasonable steps to ensure that the driver is
able to take rest while waiting for the vehicle
to be loaded or unloaded if the loading
manager, or a person acting under the
loading manager's supervision or control--
561106B.I-22/11/2007 53 BILL LA INTRODUCTION AS
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
(a) has advised the driver, either directly or
indirectly, of when the loading or
unloading of the vehicle is to finish,
and the loading manager or other
5 person becomes aware that the loading
or unloading will, or is likely to, finish
more than 30 minutes late; or
(b) is unable to advise the driver of when
the loading or unloading of the vehicle
10 is to finish.
Example
Providing a system of notifying the driver when the
driver's vehicle can be loaded or unloaded that does
not require the driver to be awake.
15 Penalty: the penalty for a substantial risk
offence.
(3) A person charged with an offence under this
section does not have the benefit of the
mistake of fact defence.
20 Note
Section 191ZZT sets out how subsection (3) operates.
191J Certain requests etc. prohibited
A person must not ask, direct or require
(directly or indirectly) a driver or a party in
25 the chain of responsibility to do something
the person knows, or reasonably ought to
know, would have the effect of causing or
permitting the driver to--
(a) drive while impaired by fatigue; or
30 (b) drive while in breach of the driver's
work/rest hours option; or
561106B.I-22/11/2007 54 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
(c) drive in breach of another law to avoid
driving while impaired by fatigue or
while in breach of the driver's work/rest
hours option.
5 Example
A requirement that the driver complete a journey in a
time that the person knows or reasonably ought to
know cannot be complied with unless the driver
commits a speeding offence or does not take all the
10 rest breaks the driver is required to take.
Penalty: the penalty for a critical risk
offence.
191K Certain contracts prohibited
(1) A person must not enter into a contract with
15 a driver or with a party in the chain of
responsibility that the person knows, or
reasonably ought to know, would have the
effect of causing or permitting a driver to--
(a) drive while impaired by fatigue; or
20 (b) drive while in breach of the driver's
work/rest hours option; or
(c) drive in breach of another law to avoid
driving while impaired by fatigue or
while in breach of the driver's work/rest
25 hours option.
Penalty: the penalty for a critical risk
offence.
(2) A person must not enter into a contract with
a driver or with a party in the chain of
30 responsibility that the person knows, or
reasonably ought to know, would encourage
or provide an incentive for a party in the
chain of responsibility to cause or permit a
driver to--
561106B.I-22/11/2007 55 BILL LA INTRODUCTION AS
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
(a) drive while impaired by fatigue; or
(b) drive while in breach of the driver's
work/rest hours option; or
(c) drive in breach of another law to avoid
5 driving while impaired by fatigue or
while in breach of the driver's work/rest
hours option.
Penalty: the penalty for a critical risk
offence.
10 Division 3--Duties relating to work and rest
times
Subdivision 1--Work and rest times applying
to drivers not working under accreditation
191L Standard hours--solo drivers
15 (1) This section applies to a solo driver,
including a solo driver of a bus, who is not
working under an accreditation.
(2) In any period mentioned in column 1 of
Table 1 in Schedule 3, the solo driver--
20 (a) must not work for more than the time
set out opposite in column 2 of that
Table; and
(b) must have the rest of that period off
work, with at least the rest time set out
25 opposite in column 3 of that Table.
(3) A party in the chain of responsibility for the
fatigue regulated heavy vehicle must ensure
the driver does not contravene
subsection (2).
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(4) A person who contravenes subsection (2)
or (3)--
(a) is guilty of an offence; and
(b) is liable to the penalty for the category
5 of offence set out in column 4 of the
Table, opposite the relevant period.
(5) A person charged with an offence under
subsection (4) does not have the benefit of
the mistake of fact defence.
10 Note
Section 191ZZT sets out how subsection (5) operates.
(6) However, a person, other than the solo driver
or the operator of the vehicle, charged with
an offence against subsection (4) has the
15 benefit of the reasonable steps defence.
(7) This section does not apply to the solo driver
of a bus if the solo driver complies with
section 191M.
191M Standard hours--solo drivers of buses
20 (1) This section applies to a solo driver of a bus
who is not working under an accreditation.
(2) In any period mentioned in column 1 of
Table 2 in Schedule 3, the solo driver--
(a) must not work for more than the time
25 set out opposite in column 2 of that
Table; and
(b) must have the rest of that period off
work, with at least the rest time set out
opposite in column 3 of that Table.
30 (3) A party in the chain of responsibility for the
bus must ensure the driver does not
contravene subsection (2).
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Part 2--Amendment of Road Safety Act 1986
s. 20
(4) A person who contravenes subsection (2)
or (3)--
(a) is guilty of an offence; and
(b) is liable to the penalty for the category
5 of offence set out in column 4 of the
Table, opposite the relevant period.
(5) A person charged with an offence under
subsection (4) does not have the benefit of
the mistake of fact defence.
10 Note
Section 191ZZT sets out how subsection (5) operates.
(6) However, a person, other than the solo driver
or the operator of the bus, charged with an
offence against subsection (4) has the benefit
15 of the reasonable steps defence.
(7) This section does not apply to the solo driver
of a bus if the solo driver complies with
section 191L.
191N Standard hours--two-up drivers
20 (1) This section applies to a two-up driver who
is not working under an accreditation.
(2) In any period mentioned in column 1 of
Table 3 in Schedule 3, the two-up driver--
(a) must not work for more than the time
25 set out opposite in column 2 of that
Table; and
(b) must have the rest of that period off
work, with at least the rest time set out
opposite in column 3 of that Table.
30 (3) A party in the chain of responsibility for the
fatigue regulated heavy vehicle must ensure
the driver does not contravene
subsection (2).
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Part 2--Amendment of Road Safety Act 1986
s. 20
(4) A person who contravenes subsection (2)
or (3)--
(a) is guilty of an offence; and
(b) is liable to the penalty for the category
5 of offence set out in column 4 of the
Table, opposite the relevant period.
(5) A person charged with an offence under
subsection (4) does not have the benefit of
the mistake of fact defence.
10 Note
Section 191ZZT sets out how subsection (5) operates.
(6) However, a person, other than the two-up
driver or the operator of the vehicle, charged
with an offence against subsection (4) has
15 the benefit of the reasonable steps defence.
Subdivision 2--Work and rest times applying
to drivers working under BFM accreditation
191O BFM hours--solo drivers
(1) This section applies to a solo driver,
20 including a solo driver of a bus, who is
working under BFM accreditation.
(2) In any period mentioned in column 1 of
Table 1 in Schedule 4, the solo driver--
(a) must not work for more than the time
25 set out opposite in column 2 of that
Table; and
(b) must have the rest of that period off
work, with at least the rest time set out
opposite in column 3 of that Table.
30 (3) A party in the chain of responsibility for the
fatigue regulated heavy vehicle must ensure
the driver does not contravene
subsection (2).
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Part 2--Amendment of Road Safety Act 1986
s. 20
(4) A person who contravenes subsection (2)
or (3)--
(a) is guilty of an offence; and
(b) is liable to the penalty for the category
5 of offence set out in column 4 of the
Table, opposite the relevant period.
(5) A person charged with an offence under
subsection (4) does not have the benefit of
the mistake of fact defence.
10 Note
Section 191ZZT sets out how subsection (5) operates.
(6) However, a person, other than the solo driver
or the operator of the vehicle, charged with
an offence against subsection (4) has the
15 benefit of the reasonable steps defence.
191P BFM hours--two-up drivers
(1) This section applies to a two-up driver of a
fatigue regulated heavy vehicle who is
working under BFM accreditation.
20 (2) In any period mentioned in column 1 of
Table 2 in Schedule 4, the two-up driver--
(a) must not work for more than the time
set out opposite in column 2 of that
Table; and
25 (b) must have the rest of that period off
work, with at least the rest time set out
opposite in column 3 of that Table.
(3) A party in the chain of responsibility for the
fatigue regulated heavy vehicle must ensure
30 the driver does not contravene
subsection (2).
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(4) A person who contravenes subsection (2)
or (3)--
(a) is guilty of an offence; and
(b) is liable to the penalty for the category
5 of offence set out in column 4 of the
Table, opposite the relevant period.
(5) A person charged with an offence under
subsection (4) does not have the benefit of
the mistake of fact defence.
10 Note
Section 191ZZT sets out how subsection (5) operates.
(6) A person, other than the two-up driver or the
operator of the vehicle, charged with an
offence against subsection (4) has the benefit
15 of the reasonable steps defence.
Subdivision 3--Work and rest hours under
AFM accreditation
191Q Drivers working under AFM
accreditation
20 (1) This section applies to a driver who is
working under AFM accreditation.
(2) In any period specified in the certificate for
the AFM accreditation under which the
driver is working, the driver--
25 (a) must not work for more than the
maximum work time specified in that
certificate; and
(b) must have at least the minimum rest
time specified in that certificate.
30 (3) A party in the chain of responsibility for the
fatigue regulated heavy vehicle must ensure
the driver does not contravene
subsection (2).
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(4) A person who contravenes subsection (2)
or (3)--
(a) is guilty of an offence; and
(b) is liable to the penalty for the relevant
5 category of offence referred to in
subsection (7), (8), (9) or (10) (as the
case requires).
(5) A person charged with an offence under this
section does not have the benefit of the
10 mistake of fact defence.
Note
Section 191ZZT sets out how subsection (5) operates.
(6) A person, other than the driver or the
operator of the vehicle, charged with an
15 offence against subsection (4) has the benefit
of the reasonable steps defence.
(7) An offence under subsection (4) is a minor
risk offence if the contravention of
subsection (2) or (3) is because--
20 (a) the driver's work time exceeds the
maximum work time specified in the
AFM accreditation certificate by
45 minutes or less; or
(b) the driver has a rest time that is not
25 more than 45 minutes less than the
minimum time specified in the
certificate.
(8) An offence under subsection (4) is a
substantial risk offence if the contravention
30 of subsection (2) or (3) is because--
(a) the driver's work time--
(i) exceeds the maximum time
specified in the AFM accreditation
certificate by more than
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s. 20
45 minutes but not more than
75 minutes; or
(ii) exceeds the AFM outer limit by
15 minutes or less; or
5 (b) the driver has a rest time that--
(i) is less than the minimum time
specified in the certificate by more
than 45 minutes but not more than
75 minutes; or
10 (ii) is less than the minimum AFM
outer limit by 15 minutes or less.
(9) An offence under subsection (4) is a severe
risk offence if the contravention of
subsection (2) or (3) is because--
15 (a) the driver's work time--
(i) exceeds the maximum time
specified in the AFM accreditation
certificate by more than
75 minutes but not more than
20 90 minutes; or
(ii) exceeds the AFM outer limit by
more than 15 minutes but not
more than 30 minutes; or
(b) the driver has a rest time that--
25 (i) is less than the minimum time
specified in the certificate by more
than 75 minutes but not more than
90 minutes; or
(ii) is less than the minimum AFM
30 outer limit by more than
15 minutes but not more than
30 minutes.
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(10) An offence under subsection (4) is a critical
risk offence if the contravention of
subsection (2) or (3) is because--
(a) the driver's work time--
5 (i) exceeds the maximum time
specified in the AFM accreditation
certificate by more than
90 minutes; or
(ii) exceeds the AFM outer limit by
10 more than 30 minutes; or
(b) the driver has a rest time that--
(i) is less than the minimum rest time
specified in the certificate by more
than 90 minutes; or
15 (ii) is less than the minimum AFM
outer limit by more than
30 minutes.
191R Changing work/rest hours option
(1) A driver may drive under only one work/rest
20 hours option at any one time.
(2) However, a driver may change from one
work/rest hours option to a different
work/rest hours option.
(3) A driver must not drive a fatigue regulated
25 heavy vehicle after changing from one
work/rest hours option to a different
work/rest hours option unless--
(a) if the change is from standard hours or
BFM hours--either--
30 (i) the driver is in compliance with all
the work and rest time
requirements of the work/rest
hours option to which the driver
has changed; or
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s. 20
(ii) the driver has had a reset rest
break; and
(b) if the change is from AFM hours--the
driver has had a reset rest break; and
5 Example
· If the driver is changing from BFM hours
to standard hours, the driver may need to
take a longer rest break before starting
driving under the different work/rest
10 hours option, or may need to take earlier
rest breaks before working under the
different work/rest hours option, or may
choose to have a reset rest break instead.
· If the driver is changing from AFM
15 hours, the driver must take a reset rest
break before driving a fatigue regulated
heavy vehicle under the different
work/rest hours option.
(c) the driver complies with all other
20 requirements of the work/rest hours
option to which the driver has changed.
Example
If the driver is changing to BFM or AFM hours,
the driver should be inducted into the operator's
25 BFM or AFM system.
Penalty: the penalty for a substantial risk
offence.
(4) If a driver has had a reset rest break between
changing from one work/rest hours option to
30 a different work/rest hours option, the
operator of any fatigue regulated heavy
vehicle driven by the driver, and the driver's
scheduler, must--
(a) ensure that the driver does not drive a
35 fatigue regulated heavy vehicle after
making the change unless the driver has
complied with subsection (3); and
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s. 20
(b) take whatever action is necessary to
ensure the driver can comply with the
driver's obligations in relation to the
change.
5 Penalty: the penalty for a severe risk
offence.
(5) A person charged with an offence under this
section does not have the benefit of the
mistake of fact defence.
10 Note
Section 191ZZT sets out how subsection (5) operates.
(6) However, a scheduler charged with an
offence against subsection (4) has the benefit
of the reasonable steps defence.
15 (7) In this section--
reset rest break means a rest break of at least
the prescribed length of time.
Division 4--Duties relating to record keeping
191S Driver must carry work diary
20 (1) This section applies to a driver if the
driver--
(a) is engaged in 100+ km work; or
(b) was engaged in 100+ km work in the
last 28 days; or
25 (c) is driving under an accreditation; or
(d) was driving under an accreditation in
the last 28 days.
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Part 2--Amendment of Road Safety Act 1986
s. 20
(2) While driving a fatigue regulated heavy
vehicle, the driver must keep in the vehicle a
work diary that contains, for the last 28 days,
the information required by section 191T to
5 be recorded in the diary.
Penalty: 60 penalty units.
191T Information that driver must record in
work diary
(1) This section applies to a driver on a day
10 (a relevant day) on which the driver--
(a) engages in 100+ km work; or
(b) is working under an accreditation.
(2) Immediately after starting work on the
relevant day, the driver must record--
15 (a) the day of the week and date; and
(b) the driver's name; and
(c) the driver's current driver licence
number, and the jurisdiction in which
the licence was issued; and
20 (d) whether the driver is working under
standard hours (including whether the
driver is working under standard hours
for solo drivers of a bus) or under an
accreditation; and
25 (e) if the driver is working under an
accreditation--the number of the
operator's accreditation; and
(f) details of the vehicle's driver base,
unless the driver has previously
30 recorded the details and the details are
still current; and
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s. 20
(g) details of the driver's record location,
unless the driver has previously
recorded the details and the details are
still current; and
5 (h) details of the time zone of the driver
base of the vehicle.
Penalty: 20 penalty units.
(3) Immediately before or after a work/rest
change on a relevant day, the driver must
10 record--
(a) the nature of the work/rest change; and
(b) the work time or rest time spent
anywhere by the driver since the last
work/rest change; and
15 (c) the time and place of the work/rest
change; and
(d) the odometer reading at that time; and
(e) the registration number shown on--
(i) the number plate of the fatigue
20 regulated heavy vehicle that the
driver drives; or
(ii) if the driver drives a fatigue
regulated heavy vehicle that is a
motor vehicle being used in
25 combination with one or more
trailers--the number plate of the
motor vehicle; and
(f) if the driver is or becomes a two-up
driver--the following information
30 about the other driver in the two-up
driving arrangement--
(i) the other driver's name;
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s. 20
(ii) the other driver's driver licence
number;
(iii) the number of the other driver's
work diary;
5 (iv) the participating jurisdiction that
issued the other driver's work
diary.
Penalty: 20 penalty units.
(4) Immediately before finishing work on a
10 relevant day, the driver must record the total
of the work time and the total of the rest time
the driver has had that day.
Penalty: 20 penalty units.
(5) If this section requires a driver to record
15 information before beginning to engage in
100+ km work on a day, it is a defence for
the driver to prove that, at the time of the
offence--
(a) the driver was unaware the driver
20 would be engaging in 100+ km work on
the day; and
(b) the driver recorded the information in
the driver's work diary as soon as
practicable after becoming aware the
25 driver would be engaging in 100+ km
work on the day.
191U How driver must record information in
work diary
(1) A driver must record information in a written
30 work diary in the following way--
(a) the written work diary must be a diary
that has not been cancelled by the
Corporation;
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s. 20
(b) the information for each day must be
written on a separate daily sheet in the
work diary;
(c) if the driver has a work/rest change--
5 the information after the work/rest
change must be written on a separate
daily sheet in the work diary;
(d) information must be written on a daily
sheet as required by the instructions in
10 the work diary for recording
information on daily sheets;
(e) the daily sheets in the work diary must
be used in turn from the front of the
work diary;
15 (f) each daily sheet must--
(i) be signed and dated by the driver;
and
(ii) if the driver is driving under a
two-up arrangement--signed by
20 the other two-up driver;
(g) information must be written on a daily
sheet with enough pressure to ensure
that a readable record of the
information appears on a duplicate of
25 the daily sheet;
(h) other information must be written in the
work diary as required by the
instructions in the work diary for the
recording of the information.
30 Penalty: 20 penalty units.
(2) A driver must record information in an
electronic work diary in the way required
by--
(a) the Corporation; or
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s. 20
(b) if the Corporation does not make a
requirement--the manufacturer's
instructions for recording information
in the work diary.
5 Penalty: 20 penalty units.
(3) A driver must record time in a work diary
according to the time zone in the place where
the driver base of the vehicle is, rather than
the time zone in the place where the driver
10 is.
Penalty: 20 penalty units.
191V Destroyed, lost, stolen or malfunctioning
work diaries
(1) It is a defence for an offence against section
15 191S(2) for the driver to prove that--
(a) at the time of the offence the driver's
work diary had been filled up,
destroyed, lost or stolen or, for an
electronic work diary, was
20 malfunctioning; and
(b) the driver complied with subsection (2)
or (4); and
(c) until the driver was issued with a
replacement work diary or the
25 electronic work diary was in working
order, the driver was recording the
information required by section 191T in
a supplementary record; and
(d) while driving a fatigue regulated heavy
30 vehicle, the driver kept in the vehicle
the supplementary record that contained
information for the last 28 days.
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(2) As soon as practicable, and within 2 business
days, after the driver becomes aware that the
written work diary has been destroyed, lost
or stolen, the driver must give the
5 Corporation written notice of that happening.
Penalty: 40 penalty units.
(3) If a lost or stolen written work diary (the old
work diary) is found by, or returned to, the
driver after a replacement work diary has
10 been issued to the driver, the driver must--
(a) immediately cancel any unused daily
sheets in the old work diary by writing
"cancelled" in large letters across each
unused sheet; and
15 (b) if the old work diary was found or
returned--
(i) within 28 days after it was lost or
stolen--
(A) immediately notify the
20 Corporation in writing that it
has been found or returned;
and
(B) give it to the Corporation as
soon as is practicable after
25 the 28 day period ends; or
(ii) more than 28 days after it was lost
or stolen, give it to the
Corporation as soon as is
practicable after it is found or
30 returned.
Penalty: 40 penalty units.
(4) If a driver becomes aware or reasonably
suspects that an electronic work diary fitted
to the driver's fatigue regulated heavy
35 vehicle is malfunctioning, the driver must
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inform the driver's record keeper of that as
soon as practicable, and within 2 business
days.
Penalty: 40 penalty units.
5 (5) Also, in the case of an electronic work diary
that includes or forms part of an intelligent
transport system approved under Part 12, if a
person on whom an obligation to report a
malfunction of or tampering with a system
10 under that Part becomes aware or reasonably
suspects that the electronic work diary is
malfunctioning, the person must inform the
record keeper of that as soon as practicable,
and within 2 business days.
15 Penalty: 40 penalty units.
(6) As soon as is practicable after being
informed under subsection (4) or (5), the
record keeper must ensure that the electronic
work diary is examined and brought into
20 working order.
Penalty: 40 penalty units.
(7) However, a person charged with an offence
against subsection (5) or (6) has the benefit
of the reasonable steps defence.
25 191W Malfunctioning odometers
(1) It is a defence for an offence against section
191T(3)(d) for the driver to prove that--
(a) at the time of the offence, the odometer
was malfunctioning; and
30 (b) the driver complied with subsection (3).
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(2) The owner of a fatigue regulated heavy
vehicle must ensure that an odometer that is
fitted to the vehicle is maintained to the
standard specified by the Fatigue Authorities
5 Panel.
Penalty: 200 penalty units, in the case of a
corporation;
40 penalty units, in any other case.
(3) If a driver becomes aware or reasonably
10 suspects that an odometer fitted to the
vehicle is malfunctioning, the driver must
inform the following persons of that as soon
as practicable, and within 2 business days--
(a) the owner of the vehicle;
15 (b) if the driver is an employed driver--the
driver's employer;
(c) the operator of the vehicle.
Penalty: 40 penalty units.
(4) As soon as is practicable after being
20 informed under subsection (3), the owner of
the fatigue regulated heavy vehicle must
ensure that the odometer is examined and
brought into working order.
Penalty: 200 penalty units, in the case of a
25 corporation;
40 penalty units, in any other case.
(5) The driver's employer and the operator of the
vehicle must ensure that the owner complies
with subsection (4).
30 Penalty: 200 penalty units, in the case of a
corporation;
40 penalty units, in any other case.
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(6) A person charged with an offence under this
section does not have the benefit of the
mistake of fact defence.
Note
5 Section 191ZZT sets out how subsection (6) operates.
(7) However, if the driver's employer or the
owner of the vehicle is charged with an
offence against this section the employer or
owner has the benefit of the reasonable steps
10 defence.
191X Duty on employers, prime contractors,
operators and schedulers to ensure driver
compliance
(1) The following persons must ensure that a
15 driver complies with the requirements of this
Division--
(a) the driver's employer if the driver is an
employed driver;
(b) the driver's prime contractor if the
20 driver is a self-employed driver;
(c) the operator of the fatigue regulated
heavy vehicle that is being, or to be,
driven by the driver;
(d) the scheduler of the driver of, or of the
25 goods or passengers being or to be
transported on, the fatigue regulated
heavy vehicle that is being, or to be,
driven by the driver.
Penalty: 300 penalty units, in the case of a
30 corporation;
60 penalty units, in any other case.
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(2) A person charged with an offence under this
section does not have the benefit of the
mistake of fact defence.
Note
5 Section 191ZZT sets out how subsection (2) operates.
(3) However, a person, other than the operator of
the vehicle, charged with an offence under
subsection (1) has the benefit of the
reasonable steps defence.
10 Division 5--Records relating to drivers
191Y Information that record keeper must
record
(1) If a driver is driving in an area that has a
radius of 100 km or less from the vehicle's
15 driver base and is under standard hours, the
driver's record keeper--
(a) must record--
(i) the driver's name, driver licence
number and contact details; and
20 (ii) the dates on which the driver
drives a fatigue regulated heavy
vehicle on a road; and
(iii) the registration number shown
on--
25 (A) the number plate of the
fatigue regulated heavy
vehicle that the driver drives;
or
(B) if the driver drives a fatigue
30 regulated heavy vehicle that
is a motor vehicle being used
in combination with one or
more trailers--the number
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plate of the motor vehicle;
and
(iv) the total of the driver's work and
rest times on each day when the
5 driver drives a fatigue regulated
heavy vehicle on a road; and
(v) the total of the driver's work and
rest times for each week when the
driver drives a fatigue regulated
10 heavy vehicle on a road; and
(vi) the driver's rosters and trip
schedules, including details of
driver changeovers; and
(b) must keep a copy of payment records
15 relating to the driver, including
timesheet records if the driver is paid
according to time at work.
Penalty: 100 penalty units, in the case of a
corporation;
20 20 penalty units, in any other case.
(2) If a driver is engaging in 100+ km work, or
is working under an accreditation, the
driver's record keeper--
(a) must record--
25 (i) the driver's name, driver licence
number and contact details; and
(ii) the driver's rosters and trip
schedules, including details of
driver changeovers; and
30 (b) must keep a copy of all duplicate pages
and other copies of work diary entries
given to him or her under
subsection (7); and
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(c) must keep a copy of payment records
relating to the driver, including
timesheet records if the driver is paid
according to time at work.
5 Penalty: 100 penalty units, in the case of a
corporation;
20 penalty units, in any other case.
(3) If a driver is working under an accreditation,
the record keeper must also record--
10 (a) any information required to be kept as a
condition of the accreditation; and
(b) any information required to be kept
under the BFM or AFM standards and
business rules.
15 Penalty: 100 penalty units, in the case of a
corporation;
20 penalty units, in any other case.
(4) The record keeper must keep a record that is
required to be kept under this section for
20 3 years after it is created.
Penalty: 300 penalty units, in the case of a
corporation;
60 penalty units, in any other case.
(5) The record keeper must keep the records at
25 the record location so that the records are
reasonably accessible to an inspector.
Penalty: 100 penalty units, in the case of a
corporation;
20 penalty units, in any other case.
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(6) The record keeper must keep the records in a
way that ensures the records--
(a) are readable and reasonably capable of
being understood; and
5 (b) are capable of being used as evidence.
Penalty: 100 penalty units, in the case of a
corporation;
20 penalty units, in any other case.
Example
10 A record keeper should keep copies of records in
storage facilities that will ensure the records do not
degrade or could become unreadable. This could
include scanning relevant hard copy records and
retaining them in electronic format so they remain
15 clearly readable.
(7) Within 21 days after a day on which the
driver drove a fatigue regulated heavy
vehicle, the driver must give a copy of the
driver's diary entries (including any entries
20 made in any supplementary record) for that
day to each person who was a record keeper
for the driver on that day.
Penalty: 20 penalty units.
(8) The record keeper must ensure the driver
25 complies with subsection (7).
Penalty: 100 penalty units, in the case of a
corporation;
20 penalty units, in any other case.
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(9) If a driver changes record keepers, the driver
must, before driving a fatigue regulated
heavy vehicle for the new record keeper,
give the new record keeper a copy of the
5 information recorded in any work diary
that the driver was required to keep in the
28 days before the change occurred that
relates to that 28 day period.
Penalty: 20 penalty units.
10 (10) If subsection (9) imposes a duty on a driver,
the new record keeper must not require or
allow the driver to drive a fatigue regulated
heavy vehicle for the new record keeper
unless the driver has complied with
15 subsection (9).
Penalty: 100 penalty units, in the case of a
corporation;
20 penalty units, in any other case.
(11) If the driver's work diary is an electronic
20 work diary, the record keeper must give the
driver a printout of the information recorded
in the work diary for any relevant day on
which the driver was using the electronic
work diary before the driver stops using the
25 electronic work diary.
Penalty: 100 penalty units, in the case of a
corporation;
20 penalty units, in any other case.
(12) A person charged with an offence under this
30 section does not have the benefit of the
mistake of fact defence.
Note
Section 191ZZT sets out how subsection (12)
operates.
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(13) However, a record keeper charged with an
offence against this section has the benefit of
the reasonable steps defence.
191Z False entries
5 A person must not record an entry in a work
record or a supplementary record that the
person knows, or reasonably ought to know,
is false or misleading in any significant
respect.
10 Penalty: 100 penalty units.
191ZA Keeping 2 work diaries simultaneously
prohibited
(1) A driver must not have in the driver's
possession more than one written work diary
15 in which information can be recorded on a
daily sheet.
Penalty: 60 penalty units.
(2) A driver must not record information for the
same period in more than one work diary.
20 Penalty: 100 penalty units.
Example
The driver must not record information for the same
period in a written work record as well as in an
electronic work diary.
25 However, it is not an offence for the driver to record
in a written diary information about the work done in
the morning for Mrs A, and to record in an electronic
work diary information about the work done in the
afternoon for Mr B.
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191ZB Possession of purported work records etc.
prohibited
A driver or record keeper must not have in
the driver's or record keeper's possession
5 something purporting to be a work record if
the driver or record keeper knows, or
reasonably ought to know, that it is not a
work record.
Penalty: 500 penalty units, in the case of a
10 corporation;
100 penalty units, in any other
case.
191ZC Defacing or changing work records etc.
prohibited
15 A person must not deface or change an entry
in a work record that the person knows, or
reasonably ought to know, is correct.
Penalty: 100 penalty units.
191ZD False representation of work records
20 prohibited
A person must not falsely represent that a
work record, or an entry in a work record,
was made by the person.
Penalty: 100 penalty units.
25 191ZE Making entries in someone else's work
records prohibited
(1) A person must not make an entry in someone
else's work record.
Penalty: 100 penalty units.
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(2) Subsection (1) does not apply to--
(a) a person who is the nominee of a driver
and makes the entry in the driver's work
diary as required by a work diary
5 exemption applying to the driver; or
(b) an inspector; or
(c) the person's fellow two-up driver, to the
extent of the two-up driver's signature.
191ZF Destruction of certain work records
10 prohibited
If a work record is required under this Part to
be kept for a particular period by a person,
the person or someone else must not destroy
the record before the end of the period.
15 Penalty: 100 penalty units.
191ZG Tampering with electronic work diaries
prohibited
(1) A person must not tamper with the operation
of an electronic work diary.
20 Penalty: 100 penalty units.
(2) A record keeper and a driver must ensure
that a person does not tamper with the
operation of an electronic work diary.
Penalty: 500 penalty units, in the case of a
25 corporation;
100 penalty units, in any other
case.
(3) If an electronic work diary being used by a
driver includes or forms part of an intelligent
30 transport system approved under Part 12, a
person on whom an obligation to report a
malfunction of or tampering with the system
under that Part must ensure that a person
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s. 20
does not tamper with the operation of an
electronic work diary under this Part.
Penalty: 500 penalty units, in the case of a
corporation;
5 100 penalty units, in any other
case.
(4) Subsection (1) does not apply to--
(a) a person who is repairing a
malfunctioning electronic work diary or
10 servicing the diary; or
(b) a person who is authorised by the
Corporation; or
(c) an inspector.
(5) A record keeper charged with an offence
15 against subsection (2) has the benefit of the
reasonable steps defence.
(6) In this section--
tamper with an electronic work diary means
engage in conduct that--
20 (a) results, or may result, in the diary
malfunctioning; or
(b) alters, or may alter, any of the data
recorded by the diary.
Division 6--Accreditation and exemptions
25 Subdivision 1--BFM accreditation
191ZH Meaning of BFM system
(1) A BFM system, for the operator of a fatigue
regulated heavy vehicle, means the operator's
management system for ensuring compliance
30 with the BFM standards and business rules.
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(2) An operator's BFM system must include--
(a) recording the name, driver licence
number and contact details of each
driver who is currently under the
5 operator's BFM accreditation; and
(b) ensuring that each of the drivers is in a
fit state--
(i) to safely perform required duties;
and
10 (ii) to meet any specified medical
requirements; and
(c) ensuring that each of the drivers--
(i) has been inducted into the
operator's BFM system; and
15 (ii) has been informed of the BFM
hours; and
(d) ensuring that anyone employed in the
operator's business, who has
responsibilities relating to scheduling or
20 managing the fatigue of the drivers--
(i) has been inducted into the
operator's BFM system; and
(ii) has been informed of the BFM
hours.
25 191ZI Application for BFM accreditation
(1) The operator of a fatigue regulated heavy
vehicle may apply to the Corporation for
BFM accreditation.
(2) The application must--
30 (a) be in the form approved by the
Corporation; and
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(b) be accompanied by a statement from an
auditor of a class specified by the
Fatigue Authorities Panel that the
auditor considers the operator's BFM
5 system will ensure compliance with the
BFM standards and business rules; and
(c) include or be accompanied by any other
information or documents required by
the regulations; and
10 (d) be accompanied by the prescribed
application fee.
(3) The Corporation may, by written notice to
the operator, require the operator to give the
Corporation any necessary additional
15 information.
191ZJ Granting BFM accreditation
(1) The Corporation must decide an application
for BFM accreditation as soon as practicable
after the Corporation receives the
20 application.
(2) The Corporation may grant BFM
accreditation to the operator of a fatigue
regulated heavy vehicle if it is satisfied
that--
25 (a) the operator is able to comply with this
Act and the regulations; and
(b) the operator is a suitable person to be
granted BFM accreditation.
(3) For the purposes of subsection (2), the
30 Corporation may take into account anything
it considers relevant, including any matter
prescribed by the regulations.
(4) In granting BFM accreditation to the
operator of a fatigue regulated heavy vehicle,
35 the Corporation must have regard to any
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advice given to it, and to any guidelines
issued, by the Fatigue Authorities Panel in
relation to BFM accreditation.
191ZK BFM accreditation certificate and period
5 of accreditation
(1) If the Corporation grants the BFM
accreditation, it must give the operator an
accreditation certificate in the form specified
by the Fatigue Authorities Panel that certifies
10 that the operator has been granted BFM
accreditation and sets out the details of that
accreditation.
(2) The accreditation takes effect--
(a) when the accreditation is given to the
15 operator; or
(b) if a later time is stated in the certificate,
at that time.
(3) The BFM accreditation applies for the
period, not more than 3 years, stated in the
20 BFM accreditation certificate.
191ZL Refusal to grant BFM accreditation
If the Corporation decides not to grant BFM
accreditation to the operator of a fatigue
regulated heavy vehicle, the Corporation
25 must give the operator a written notice that--
(a) states the reasons for the refusal; and
(b) tells the operator that the operator may
apply to have the decision reconsidered.
191ZM Conditions of BFM accreditation
30 (1) BFM accreditation is subject to the condition
that the operator to whom the accreditation is
granted must comply with the BFM
standards and business rules.
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(2) BFM accreditation is also subject to any
other conditions stated in the accreditation
certificate or prescribed by the regulations.
Example
5 · A condition that a named driver cannot drive
under the operator's BFM accreditation for a
specified period.
· A condition that a named employee of the
operator cannot be involved in the BFM
10 operation system ever, or for a specified period.
(3) An operator to whom BFM accreditation is
granted must not contravene a condition of
the BFM accreditation.
Penalty: 300 penalty units, in the case of a
15 corporation;
60 penalty units, in any other case.
191ZN Obligations of operator under BFM
accreditation
(1) An operator to whom BFM accreditation is
20 granted must ensure that each driver who is
to work under the BFM accreditation is--
(a) inducted into the operator's BFM
system; and
(b) meets the requirements relating to
25 drivers under the operator's BFM
accreditation.
Penalty: 300 penalty units, in the case of a
corporation;
60 penalty units, in any other case.
30 (2) An operator to whom BFM accreditation is
granted must keep, in accordance with the
regulations, the following records--
(a) a current list of the drivers under the
operator's BFM accreditation;
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(b) records demonstrating that each
driver--
(i) has been inducted into the
operator's BFM system; and
5 (ii) meets requirements relating to
drivers under the operator's BFM
accreditation;
(c) any other records prescribed by the
regulations.
10 Penalty: 300 penalty units, in the case of a
corporation;
60 penalty units, in any other case.
191ZO Operator must advise of change or end of
accreditation
15 If an operator to whom BFM accreditation
has been granted changes or ceases to hold
that accreditation, the operator must inform
any driver or scheduler who may be affected
by that change or cessation of the fact that
20 the change or cessation has happened, as
soon as practicable after the change or
cessation happens.
Penalty: the penalty for a substantial risk
offence.
25 Subdivision 2--AFM accreditation
191ZP Meaning of AFM proposal
An AFM proposal, for the operator of a
fatigue regulated heavy vehicle, is a proposal
by the operator that sets out--
30 (a) the proposed work and rest hour limits
for drivers of the vehicle; and
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(b) the risks involved with working under
the proposed work and rest hour limits
and the proposed countermeasures that
are designed to manage the risks; and
5 (c) the other details required under the
AFM standards and business rules.
191ZQ Meaning of AFM system
(1) An AFM system, for the operator of a fatigue
regulated heavy vehicle, is the operator's
10 management system for ensuring compliance
with the AFM standards and business rules.
(2) An operator's AFM system must include--
(a) recording the name, driver licence
number and contact details of each
15 driver who is currently under the
operator's AFM accreditation; and
(b) ensuring that each of the drivers is in a
fit state--
(i) to safely perform required duties;
20 and
(ii) to meet any specified medical
requirements; and
(c) ensuring that each of the drivers--
(i) has been inducted into the
25 operator's AFM system; and
(ii) has been informed of the AFM
hours under the operator's AFM
accreditation; and
(d) ensuring that anyone employed in the
30 operator's business, who has
responsibilities relating to scheduling or
managing the fatigue of the drivers--
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(i) has been inducted into the
operator's AFM system; and
(ii) has been informed of the AFM
hours under the operator's AFM
5 accreditation.
191ZR Application for AFM accreditation
(1) The operator of a fatigue regulated heavy
vehicle may apply to the Corporation for
AFM accreditation.
10 (2) The application must--
(a) be made in the form approved by the
Corporation; and
(b) include the operator's fatigue
management proposal; and
15 (c) be accompanied by a statement from an
auditor of a class specified by the
Fatigue Authorities Panel that the
auditor considers the operator's AFM
system will ensure compliance with the
20 AFM standards and business rules; and
(d) include or be accompanied by any other
information or documents required by
the regulations; and
(e) be accompanied by the prescribed
25 application fee.
(3) The Corporation may, by written notice to
the operator, require the operator to give the
Corporation any necessary additional
information.
30 191ZS Granting AFM accreditation
(1) The Corporation must decide an application
for AFM accreditation as soon as practicable
after the Corporation receives the
application.
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(2) The Corporation may grant AFM
accreditation to the operator of a regulated
heavy vehicle if the Corporation is satisfied
that--
5 (a) the operator is able to comply with this
Act and the regulations; and
(b) the operator is a suitable person to be
granted AFM accreditation; and
(c) the driver fatigue management practices
10 (including proposed work and rest
hours) stated in the operator's AFM
proposal would, if followed, safely
manage the risk of driver fatigue; and
(d) the operator and drivers are likely to
15 follow the practices consistently and
effectively.
(3) For the purposes of subsection (2), the
Corporation may take into account anything
it considers relevant, including any matter
20 prescribed by the regulations.
(4) In granting AFM accreditation to the
operator of a fatigue regulated heavy vehicle,
the Corporation must have regard to any
advice given to it, and to any guidelines
25 issued by, the Fatigue Authorities Panel in
relation to AFM accreditation.
(5) In approving the work and rest hours limits
that are applicable to a particular AFM
accreditation, the Corporation--
30 (a) must be satisfied that the limits appear
to provide a safe balance between
work, rest, risk management and
fatigue countermeasures; and
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(b) must not set limits that--
(i) allow a driver to work more than
the work time allowed, or to have
less than the rest time required, in
5 the AFM outer limits; or
(ii) the Corporation considers would
be unsafe, having regard to the
operator's AFM proposal and any
relevant scientific knowledge,
10 expert opinion, guidelines,
standards or other knowledge in
relation to preventing or managing
the exposure to risk of fatigue.
191ZT AFM accreditation certificate and period
15 of accreditation
(1) If the Corporation grants AFM accreditation,
the Corporation must give the operator an
accreditation certificate in the prescribed
form that--
20 (a) certifies that the operator has been
granted AFM accreditation; and
(b) sets out the details of the accreditation,
including the work and rest hours limits
that apply to the accreditation.
25 (2) AFM accreditation takes effect--
(a) when the accreditation certificate is
given to the operator; or
(b) if a later time is stated in the certificate,
at that later time.
30 (3) AFM accreditation applies for the period, not
more than 3 years, stated in the AFM
accreditation certificate.
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191ZU Refusal to grant AFM accreditation
If the Corporation refuses to grant AFM
accreditation to the operator of a fatigue
regulated heavy vehicle, the Corporation
5 must give the operator a written notice that--
(a) states the reasons for the refusal; and
(b) tells the operator that the operator may
apply to have the decision reconsidered.
191ZV Conditions of AFM accreditation
10 (1) AFM accreditation is subject to the condition
that the operator to whom the accreditation is
granted must comply with the AFM
standards and business rules.
(2) AFM accreditation is also subject to any
15 other conditions stated in the accreditation
certificate or prescribed by the regulations.
Examples
· A condition that a named driver cannot drive
under an operator's AFM accreditation for a
20 specified period.
· A condition that a named employee of an
operator cannot be involved in the AFM
operation system under the operator's AFM
accreditation ever, or for a specified period.
25 · A condition that requires additional records to
be kept, and audits to be performed, to ensure
that the driver fatigue management practices
(including work and rest hours) stated in the
AFM operations manual under the operator's
30 AFM accreditation are followed consistently
and effectively.
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(3) An operator to whom AFM accreditation is
granted must not contravene a condition of
the AFM accreditation.
Penalty: 300 penalty units, in the case of a
5 corporation;
60 penalty units, in any other case.
191ZW Driver must carry AFM accreditation
details
(1) A driver who is driving under an operator's
10 AFM accreditation must have recorded in the
driver's work diary a statement of the AFM
hours allowed under the accreditation.
Example
A driver may record a statement of the AFM hours
15 allowed under the accreditation by stapling a printout
of the relevant hours in the specified part of the
driver's work diary.
Penalty: 60 penalty units.
(2) The operator must ensure each of the drivers
20 driving under the operator's AFM
accreditation does not contravene
subsection (1).
Penalty: 300 penalty units, in the case of a
corporation;
25 60 penalty units, in any other case.
191ZX Obligations of operator under AFM
accreditation
(1) An operator to whom AFM accreditation has
been granted must ensure that each driver
30 who is currently under the AFM
accreditation--
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(a) is inducted into the operator's AFM
system and informed of the AFM hours
under the operator's AFM accreditation;
and
5 (b) meets the requirements relating to
drivers under the operator's AFM
accreditation.
Penalty: 300 penalty units, in the case of a
corporation;
10 60 penalty units, in any other case.
(2) An operator to whom AFM accreditation has
been granted must keep, in accordance with
the regulations, the following records--
(a) a current list of the drivers under the
15 operator's AFM accreditation;
(b) records that demonstrate each driver
under the operator's AFM
accreditation--
(i) has been inducted into the
20 operator's AFM system and
informed of the AFM hours under
the operator's AFM accreditation;
and
(ii) meets requirements relating to
25 drivers under the operator's AFM
accreditation;
(c) any other records prescribed by the
regulations.
Penalty: 300 penalty units, in the case of a
30 corporation;
60 penalty units, in any other case.
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191ZY Operator must advise of change or end of
accreditation
If an operator to whom AFM accreditation
has been granted changes or ceases to hold
5 the accreditation, the operator must inform
any driver or scheduler who may be affected
by that change or cessation of the fact that
the change or cessation has happened, as
soon as practicable after the change or
10 cessation happens.
Penalty: the penalty for a substantial risk
offence.
Subdivision 3--Exemptions
191ZZ Exemptions for emergency services
15 (1) A person who is acting for an emergency
service and who has time-critical duties on
the way to, or during, an emergency is
exempted in the course of carrying out those
duties from the prescribed provisions of this
20 Act or the regulations.
(2) A person who is returning from attending an
emergency is not exempted from the
prescribed provisions.
(3) In this section--
25 emergency means an event, or an anticipated
event, that--
(a) endangers, or may endanger, life,
property or the environment; or
(b) has disrupted, or may disrupt,
30 communications, energy, water
supply or sewerage services; or
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(c) is declared to be an emergency or
disaster by--
(i) the Commonwealth or a
State or Territory; or
5 (ii) a Commonwealth, State or
Territory authority
responsible for managing
responses to emergencies or
disasters;
10 emergency service is an organisation that has
a statutory responsibility to respond to
an emergency and includes--
(a) an ambulance service; and
(b) an emergency auxiliary; and
15 (c) a fire brigade, including a
volunteer fire brigade; and
(d) a police service or force; and
(e) a disaster or emergency
organisation of the
20 Commonwealth or a State or
Territory; and
(f) an organisation prescribed for the
purposes of this section to be an
emergency service.
25 191ZZA Work diary exemption
(1) The Corporation may grant an exemption
(a work diary exemption) exempting a driver
from complying with the work diary
requirements.
30 (2) An application for a work diary exemption
may be made by the driver or the driver's
employer.
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(3) The application--
(a) must be made in writing and include
the prescribed information; and
(b) must nominate a person (the nominee)
5 to make written records for the driver;
and
(c) must be accompanied by the nominee's
written agreement to the nomination.
(4) The Corporation may, by written notice to
10 the applicant, require the applicant to give
the Corporation any additional information
necessary to decide the application.
(5) The Corporation must decide an application
as soon as practicable after receiving the
15 application.
(6) The Corporation may grant a work diary
exemption if the Corporation is satisfied--
(a) the driver cannot make records in the
driver's work diary because of
20 inadequate English literacy; and
(b) the nominee will be able to make
records that are no less complete or
accurate than records made in
accordance with the work diary
25 requirements.
(7) If the Corporation decides to grant the
exemption, the Corporation must give the
applicant a written exemption.
(8) An exemption takes effect--
30 (a) when the exemption is given to the
applicant; or
(b) if a later time is stated in the
exemption, at that time.
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(9) The exemption applies for the period, not
more than 3 years, stated in the exemption.
(10) An exemption may be given subject to a
condition stated in the exemption.
5 (11) A person to whom an exemption is granted
and, if the person is not the driver to whom
the exemption relates, the driver, must not
contravene a condition of the exemption.
Penalty: 300 penalty units, in the case of a
10 corporation;
60 penalty units, in any other case.
(12) If the Corporation decides not to grant the
exemption, the Corporation must give the
applicant a written notice that states--
15 (a) the Corporation's decision; and
(b) the reasons for the decision; and
(c) that the applicant may apply to have the
decision reconsidered.
Subdivision 4--Variation, suspension or
20 cancellation of accreditation or exemption
191ZZB Variation or cancellation of accreditation
or exemption--on application
(1) A person may make written application to
the Corporation for the variation or
25 cancellation of the person's accreditation or
exemption.
(2) The application must--
(a) if the application is for a variation--
state clearly what variation is sought
30 and outline the reasons for the
application; and
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(b) be accompanied by the accreditation
certificate or exemption.
(3) The Corporation may, by written notice
given to the applicant, require the applicant
5 to give the Corporation any necessary
additional information.
(4) The Corporation must decide the application
as soon as practicable after the Corporation
receives it.
10 (5) If the Corporation decides to grant the
application, the Corporation must give the
applicant written notice of the decision.
(6) The variation or cancellation takes effect--
(a) when written notice of the decision is
15 given to the applicant; or
(b) if a later time is stated in the written
notice of the decision, at that time.
(7) If the Corporation does not vary or cancel
the accreditation or exemption as requested
20 by the applicant, the Corporation must also
give the applicant a written notice that
states--
(a) the Corporation's decision; and
(b) the reasons for the decision; and
25 (c) that the applicant may apply to have the
decision reconsidered.
191ZZC Grounds for variation--without
application
The Corporation may vary an accreditation
30 or exemption granted to a person, without
receiving an application under section
191ZZB, if the Corporation is satisfied on
reasonable grounds that--
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(a) the application for the accreditation or
exemption was false or misleading in a
material respect, but the circumstances
do not require its cancellation; or
5 (b) a person to whom the accreditation or
exemption applies is not suitable to be a
person to whom the accreditation or
exemption applies without variation; or
(c) the person has contravened this Act, a
10 corresponding fatigue law or any
regulations made under this Act or a
corresponding fatigue law, but the
contravention does not warrant the
cancellation of the accreditation or
15 exemption.
191ZZD Grounds for cancellation--without
application
The Corporation may cancel an accreditation
or exemption granted to a person, without
20 receiving an application under section
191ZZB, if the Corporation is satisfied on
reasonable grounds that--
(a) the application for the accreditation or
exemption was false or misleading in a
25 material respect; or
(b) a person to whom the accreditation or
exemption applies is not suitable to be a
person to whom the accreditation
applies; or
30 (c) the person has contravened this Act, a
corresponding fatigue law or any
regulations made under this Act or a
corresponding fatigue law.
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191ZZE Variation or cancellation of
accreditation--without application
(1) This section applies if the Corporation is
satisfied that a ground exists to vary or
5 cancel an accreditation or exemption under
section 191ZZC or 191ZZD.
Note
See section 191ZZF which provides for immediate
suspension in the interest of public safety.
10 (2) The Corporation must give the person to
whom the accreditation or exemption has
been granted a written notice that--
(a) states the proposed variation or
cancellation; and
15 (b) states the ground for the proposed
variation or cancellation; and
(c) outlines the facts and other
circumstances forming the basis for the
ground; and
20 (d) invites the person to state in writing,
within a specified time of at least
14 days after the notice is given to the
person, why the accreditation or
exemption should not be varied or
25 cancelled.
(3) If, after considering any written statement
made within the specified time, the
Corporation is satisfied that a ground exists
to take the proposed action, the Corporation
30 may--
(a) if the proposed action is to vary the
accreditation or exemption in a stated
way--vary the accreditation or
exemption in the stated way; and
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(b) if the proposed action is to cancel the
accreditation or exemption--cancel the
accreditation or exemption or vary the
accreditation or exemption in any way.
5 (4) The Corporation must give the person
written notice of the Corporation's decision.
(5) If the Corporation decides to vary or cancel
the accreditation or exemption, the
Corporation must also give the person a
10 written notice that states--
(a) the reasons for the decision; and
(b) that the person may apply to have the
decision reconsidered.
(6) The variation or cancellation takes effect--
15 (a) when written notice of the decision, and
the reasons for the decision, is given to
the person; or
(b) if a later time is stated in the notice, that
time.
20 191ZZF Immediate suspension of accreditation in
interest of public safety
(1) The Corporation may immediately suspend a
person's accreditation, by giving a written
notice to the person, if the Corporation
25 considers it necessary in the interest of
public safety.
Example
There is evidence that an operator is failing to comply
with this Part on a systemic basis, or in such a severe
30 way that the operator's continued operation under the
accreditation would pose a risk to the safety of the
public.
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(2) If the Corporation immediately suspends a
person's accreditation under subsection (1),
the accreditation is suspended until the
earlier of the following--
5 (a) the end of 60 days after the day the
notice is given to the person under
subsection (1);
(b) the Corporation gives the person a
written notice under section
10 191ZZE(2).
191ZZG Return of accreditation certificate or
exemption
(1) If a person's accreditation is varied or
cancelled, the Corporation may, by written
15 notice, require the person to return the
accreditation certificate to the Corporation.
(2) The person must comply with the notice
within 7 days after the notice is given to the
person or, if a longer period is stated in the
20 notice, within the longer period.
Penalty: 300 penalty units, in the case of a
corporation;
60 penalty units, in any other case.
Subdivision 5--Miscellaneous provisions
25 relating to accreditation and exemptions
191ZZH Replacement of lost etc. accreditation
certificates and exemptions
(1) If an accreditation certificate or an
exemption is defaced, destroyed, lost or
30 stolen, the person who is the holder of the
certificate must apply to the Corporation for
a replacement accreditation certificate or
exemption.
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(2) If the Corporation is satisfied that the
accreditation certificate or exemption given
to the person has been defaced, destroyed,
lost or stolen, the Corporation must give the
5 person a replacement accreditation certificate
or exemption as soon as practicable.
(3) If the Corporation decides not to give a
replacement accreditation certificate or
exemption to the person, the Corporation
10 must give the person a written notice that
states--
(a) the reasons for the decision; and
(b) that the person may apply to have the
decision reconsidered.
15 191ZZI Offence to falsely represent that
accreditation held
(1) A person must not falsely represent--
(a) that the person holds an accreditation or
exemption that the person does not
20 hold; or
(b) that the person is working under an
accreditation or exemption that the
person is not entitled to work under.
Penalty: 500 penalty units, in the case of a
25 corporation;
100 penalty units, in any other
case.
(2) A person must not possess a document that
falsely purports to be an accreditation
30 certificate or an exemption.
Penalty: 60 penalty units.
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Division 7--Compliance and enforcement
Subdivision 1--Enforcement powers
191ZZJ Requiring rest for contravention of
maximum work requirement
5 (1) This section applies if an inspector
reasonably believes a driver has worked for a
period in excess of the maximum period
allowed under a maximum work
requirement.
10 (2) If the excess period worked will result, or
has resulted, in the driver committing a
critical risk offence or severe risk offence,
the inspector must, by written notice, require
the driver--
15 (a) to immediately take a stated period of
rest in accordance with a minimum rest
requirement applying to the driver; and
(b) to work for a stated shorter period in
the driver's next work period to
20 compensate for the excess period
worked.
(3) If the excess period worked will result, or
has resulted, in the driver committing a
substantial risk offence or minor risk
25 offence, the inspector may, by written notice,
require the driver--
(a) to immediately take a stated period of
rest in accordance with a minimum rest
requirement applying to the driver; and
30 (b) to work for a stated shorter period in
the driver's next work period to
compensate for the excess period
worked.
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191ZZK Requiring rest for contravention of
minimum rest requirement
(1) This section applies if an inspector
reasonably believes a driver has taken a rest
5 period that is shorter than the minimum rest
period required under a minimum rest
requirement.
(2) If the shortfall between the rest period taken
by the person and the minimum rest period
10 required under the minimum rest
requirement will result, or has resulted, in the
driver committing a critical risk offence or
severe risk offence, the inspector must, by
written notice, require the driver--
15 (a) to immediately take a stated period of
rest to compensate for the shortfall
between the rest period taken by the
driver and the minimum rest period
required under the minimum rest
20 requirement; or
(b) if the shortfall relates to a period of
night-time rest required under a
minimum rest requirement--to take a
stated period of night-time rest at the
25 next available night period to
compensate for the shortfall between
the period of night-time rest required
under the minimum rest requirement.
(3) If the shortfall between the rest period taken
30 by the driver and the minimum rest period
required under the minimum rest
requirement will result, or has resulted, in the
driver committing a substantial risk offence
or minor risk offence, the inspector may, by
35 written notice, require the driver--
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(a) to immediately take a stated period of
rest to compensate for the shortfall
between the rest period taken by the
driver and the minimum rest
5 requirement; or
(b) to take a stated period of additional rest,
at the next rest break the driver is
required to take under this Part, to
compensate for the shortfall between
10 the period of rest taken by the driver
and the minimum rest period required
under the minimum rest requirement; or
(c) if the shortfall relates to a period of
night-time rest required under a
15 minimum rest requirement--to take a
stated period of night-time rest at the
next available night period to
compensate for the shortfall between
the period of night-time rest taken by
20 the person and the minimum period of
night-time rest required under the
minimum rest requirement.
191ZZL Requiring driver to stop working if
impaired by fatigue
25 (1) This section applies if an inspector
reasonably believes a driver is impaired by
fatigue.
(2) The inspector may, by written notice--
(a) require the driver to immediately stop
30 work and not work again for a stated
period; and
(b) if the inspector has observed the driver
driving in a way the inspector considers
on reasonable grounds to be
35 dangerous--require the driver to stop
driving the vehicle immediately.
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(3) The stated period in subsection (2)(a) must
be a reasonable period having regard to the
following--
(a) the rest periods the driver has taken
5 during the 24 hours leading up to the
notice being given;
(b) the rest periods the driver was required
to take under the minimum rest
requirements applying to the driver
10 during the 24 hours leading up to the
notice being given;
(c) the periods the driver has worked
during the 24 hours leading up to the
notice being given;
15 (d) the periods the driver was allowed to
work under the maximum work
requirements applying to the person
during the 24 hours leading up to the
notice being given;
20 (e) the degree to which the driver appears
to be fatigued to the inspector;
(f) any other relevant matters.
(4) If the inspector gives a notice under
subsection (2)(b), the inspector may
25 authorise a person who is qualified to drive
the vehicle to a suitable rest place for fatigue
regulated heavy vehicles.
(5) The regulations may prescribe the matters to
which the inspector, or a court, may or must
30 have regard when deciding whether or not a
driver was impaired by fatigue for the
purposes of this section.
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(6) In this section--
qualified, to drive a fatigue regulated heavy
vehicle, for a person means the
person--
5 (a) holds a driver licence that is of the
appropriate class to drive the
vehicle and is not suspended; and
(b) is not prevented under a law,
including, for example, by the
10 conditions of the driver licence,
from driving the vehicle at the
relevant time.
191ZZM Requiring driver to stop working if work
diary not produced or unreliable
15 (1) This section applies if--
(a) an inspector has, under section 132,
asked the driver of a fatigue regulated
heavy vehicle to produce a work diary
the driver is required to keep under this
20 Part; and
(b) either--
(i) the driver has failed to produce the
diary without a reasonable excuse;
or
25 (ii) the driver produces a document
that the inspector reasonably
believes is not a work diary; or
(iii) the inspector reasonably believes
the work diary, or purported work
30 diary, produced by the driver can
not be relied on as an accurate
record of the time the driver spent
working or resting.
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Example
· Information in the work diary
appears to be incorrect.
· Particular information appears to
5 be missing from the work diary.
· The work diary appears to have
been tampered with.
(2) The inspector may, by written notice, require
the driver to immediately stop work and not
10 to work again for a stated period of up to
24 hours.
191ZZN Compliance with requirement under this
Division
(1) A driver given a notice under this Division
15 must comply with the notice unless the
driver has a reasonable excuse.
Penalty: 120 penalty units.
(2) An inspector who gives a driver a notice
under section 191ZZK, 191ZZL or 191ZZM
20 may, by stating it in the notice, allow the
driver to delay complying with the notice if
the inspector reasonably believes--
(a) the delay is necessary to allow the
driver time to drive to the nearest
25 suitable rest place for fatigue regulated
heavy vehicles and it is reasonably safe
to allow the driver to continue driving
to that place; or
(b) the delay is necessary to allow the
30 driver time to attend to, or to secure, the
load on the vehicle before taking rest.
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Subdivision 2--Reasonable steps and
provisions concerning defences
191ZZO What constitutes reasonable steps
(1) This section applies if--
5 (a) a provision of this Part requires a
person to take all reasonable steps to
ensure a driver does not contravene a
fatigue management requirement; or
(b) a person intends to rely on the
10 reasonable steps defence.
(2) The person must be regarded as having taken
all reasonable steps to prevent the act or
omission that led to the contravention if the
person proves the person did all of the
15 following to prevent the act or omission--
(a) identified and assessed the aspects of
the activities of the person, and the
driver, that may lead to a contravention
of a fatigue management requirement
20 by the driver;
(b) for each aspect identified and assessed
under paragraph (a), identified and
assessed--
(i) the risk of the aspect leading to a
25 contravention of a fatigue
management requirement by the
driver; and
(ii) if there is a substantial risk of the
aspect leading to a contravention
30 of a fatigue management
requirement by the driver--the
measures the person may take to
eliminate the risk or, if it is not
reasonably possible to eliminate
35 the risk, to minimise the risk;
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(c) carried out the identification and
assessment referred to in paragraphs (a)
and (b)--
(i) at least annually; and
5 (ii) after each event that indicated the
way the activities of the person or
driver were being carried out have
led, or may lead, to a
contravention of a fatigue
10 management requirement by the
driver;
(d) took the measures identified and
assessed under paragraph (b)(ii).
(3) The regulations may provide for--
15 (a) the ways, or examples of ways, persons
can identify and assess the aspects of
activities of the persons, or drivers, that
may lead to a contravention of a fatigue
management requirement by a driver;
20 and
(b) the measures, or examples of measures,
persons may take to eliminate or
minimise risks of aspects of activities
of the persons, or drivers, leading to a
25 contravention of a fatigue management
requirement by a driver.
(4) This section does not limit the circumstances
in which the court may consider the person
to have taken reasonable steps to prevent the
30 act or omission that led to the contravention.
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191ZZP Reasonable steps defence
If a provision of this Part states that a person
has the benefit of the reasonable steps
defence, it is a defence to a charge for an
5 offence against that provision if the person
charged proves that--
(a) the person did not know, and could not
reasonably be expected to have known,
of the contravention concerned; and
10 (b) either--
(i) the person took all reasonable
steps to prevent the contravention;
or
(ii) there were no steps the person
15 could reasonably be expected to
have taken to prevent the
contravention.
191ZZQ Matters relevant to deciding whether acts
or omissions constitute all reasonable
20 steps
(1) Without limiting section 191ZZO or
191ZZP, in deciding whether things done or
omitted to be done by a person constitute all
reasonable steps, regard may be had to the
25 following--
(a) the circumstances of the alleged
offence, including any risk category for
the contravention constituting the
offence;
30 (b) the measures available and the
measures taken for any or all of the
following--
(i) to exercise supervision or control
over others involved in activities
35 leading to the contravention;
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(ii) to include compliance assurance
conditions in relevant commercial
arrangements with other
responsible persons for fatigue
5 regulated heavy vehicles;
(iii) to provide information,
instruction, training and
supervision to employees to
enable compliance with relevant
10 laws;
(iv) to maintain equipment and work
systems to enable compliance with
relevant laws;
(v) to address and remedy similar
15 compliance problems that may
have happened in the past;
(c) whether the person charged had, either
personally or through an agent or
employee, custody or control of the
20 fatigue regulated heavy vehicle, its
load, or any goods included or to be
included in the load;
(d) the personal expertise and experience
that the person charged had or ought to
25 have had or that an agent or employee
of the person charged had or ought to
have had;
(e) the nature of the activity to which the
contravention relates;
30 (f) the risks to safety associated with the
nature of the activity;
(g) the likelihood of the risks to safety
referred to in paragraph (f);
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(h) the degree of harm likely to result from
the risks to safety referred to in
paragraph (f) arising;
(i) the measures available and measures
5 taken--
(i) to prevent, eliminate or minimise
the likelihood of a potential
contravention happening; or
(ii) to eliminate or minimise the
10 likelihood of a risk to safety
arising from a potential
contravention; or
(iii) to manage, minimise or eliminate
a risk to safety arising from a
15 potential contravention;
(j) the costs of measures referred to in
paragraph (i);
(k) any accreditation scheme, scientific
knowledge, expert opinion, guidelines,
20 standards or other knowledge about
preventing or managing exposure to
risks to safety arising from fatigue;
(l) any other matter the court may or must
consider when deciding whether or not
25 a person has contravened the fatigue
management requirement.
(2) In this section--
risk category, for a contravention of a
fatigue management requirement,
30 means one of the following categories
of offences--
(a) minor risk offence;
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(b) substantial risk offence;
(c) severe risk offence;
(d) critical risk offence.
191ZZR Inclusion of reasonable diligence
5 If a person intends to rely on the reasonable
steps defence the taking of all reasonable
steps includes the exercise of reasonable
diligence.
191ZZS Compliance with industry code of practice
10 (1) This section applies for deciding whether a
person charged with an offence in relation to
a fatigue management requirement took all
reasonable steps to prevent the
contravention.
15 (2) If the person proves that the person complied
with all relevant standards and procedures,
including, for example, a registered industry
code of practice and the spirit of the code, in
relation to matters to which the offence
20 relates, that is evidence that the person took
all reasonable steps to prevent the
contravention.
(3) Subsection (2) does not apply unless the
person charged has given written notice of
25 the intention to prove the matters referred to
in that subsection to the prosecution.
(4) The notice must be--
(a) signed by the person; and
(b) given at least 28 days before the day
30 fixed for the hearing of the charge.
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191ZZT Exclusion of mistake of fact defence
(1) This section applies if a provision of this Part
states that a person does not have the benefit
of the mistake of fact defence for an offence.
5 (2) It is not a defence to a charge for the offence
for the person to prove that, at or before the
time of the conduct constituting the offence,
the person was under a mistaken but honest
and reasonable belief about facts which, had
10 they existed, would have meant that the
conduct would not have constituted an
offence.
Subdivision 3--Penalties
191ZZU Penalties
15 The maximum penalty for an offence of a
type set out in column 1 of the following
Table is the penalty set out opposite--
(a) for a first offence--in column 2 of that
Table; or
20 (b) for a second or subsequent offence--in
column 3 of that Table.
Column 1 Column 2 Column 3
2nd or subsequent
Offence 1st offence offence
minor risk 50 penalty units, 50 penalty units,
in the case of a in the case of a
corporation; corporation;
10 penalty units, 10 penalty units,
in any other in any other case.
case.
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
Column 1 Column 2 Column 3
2nd or subsequent
Offence 1st offence offence
substantial 100 penalty 250 penalty units,
risk units, in the case in the case of a
of a corporation; corporation;
20 penalty units, 50 penalty units,
in any other in any other case.
case.
severe risk 250 penalty 500 penalty units,
units, in the case in the case of a
of a corporation; corporation;
50 penalty units, 100 penalty units,
in any other in any other case.
case.
critical 500 penalty 500 penalty units,
risk units, in the case in the case of a
offence of a corporation; corporation;
100 penalty 100 penalty units,
units, in any in any other case.
other case.
191ZZV Proceedings for offences
(1) This section applies in relation to
proceedings for an offence that may be
committed--
5 (a) by a person driving a fatigue regulated
heavy vehicle while impaired by
fatigue; or
(b) by a person failing to take all
reasonable steps to ensure that another
10 person does not drive a fatigue
regulated heavy vehicle while impaired
by fatigue.
(2) In relation to proof of whether a person
driving a fatigue regulated heavy vehicle was
15 impaired by fatigue, a sworn statement by an
inspector stating that at a specified time or
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
during a specified period the inspector
observed the person exhibiting specified
behaviour, including, for example, signs of
fatigue, is--
5 (a) admissible in proceedings; and
(b) evidence that the person exhibited the
specified behaviour.
(3) In relation to proof of whether a person took
all reasonable steps to ensure that another
10 person did not drive a fatigue regulated
heavy vehicle while impaired by fatigue--
(a) evidence that at the relevant time the
person complied with a prescribed
corresponding law is evidence that the
15 person took the reasonable steps; and
(b) evidence that at the relevant time the
person complied with the conditions of
an accreditation granted to the person is
evidence that the person took the
20 reasonable steps; and
(c) it is not necessary to prove that the
other person drove, or would or may
have driven, the vehicle while impaired
by fatigue.
25 (4) In this section--
prescribed corresponding obligation means
a duty or obligation under a
corresponding fatigue law that is
prescribed under the regulations for the
30 purposes of subsection (3)(a).
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
191ZZW Deciding whether a person knew or ought
reasonably to have known something
(1) This section applies in relation to
proceedings for an offence relating to a
5 fatigue management requirement if it is
relevant to prove that someone ought
reasonably to have known something.
(2) A court must consider the following when
deciding whether the person ought
10 reasonably to have known the thing--
(a) the person's abilities, experience,
expertise, knowledge, qualifications
and training;
(b) the circumstances of the offence;
15 (c) any other matter prescribed under the
regulations.
191ZZX Multiple offenders
(1) This section applies if more than one person
is liable to be found guilty of an offence in
20 relation to a fatigue management
requirement.
(2) Proceedings may be taken against all or any
of those liable in relation to the
contravention.
25 (3) Proceedings may be taken against any of
those liable in relation to the contravention--
(a) regardless of whether or not
proceedings have been started against
anyone else; and
30 (b) if proceedings have started against
anyone else, regardless of whether or
not those proceedings have finished;
and
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
(c) if proceedings have finished against
anyone else, regardless of the outcome
of those proceedings.
191ZZY Other powers not affected
5 (1) Except where expressly provided in this Part,
nothing in this Part affects any power that a
court, a tribunal, the Corporation or an
inspector has apart from this Part.
(2) Without limiting subsection (1), nothing in
10 this Part affects a power or obligation under
this Act or another law to vary, suspend,
cancel or otherwise deal with any licence or
registration.
191ZZZ Contracting out prohibited
15 (1) A term of any contract that purports to
exclude, limit or modify the operation of this
Part is void to the extent that it would
otherwise have that effect.
(2) Subsection (1) does not apply to a term of a
20 contract to the extent that it purports to
impose a requirement on a person that is
more onerous than the relevant requirement
imposed by this Part.
Division 8--Fatigue Authorities Panel
25 191ZZZA Establishment of Panel
(1) The Fatigue Authorities Panel is established.
(2) The Panel consists of--
(a) the Corporation; and
(b) the corresponding Authority of each
30 other participating jurisdiction; and
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
(c) subject to subsection (3), the
Department of the Commonwealth that
deals with road transport.
(3) For the purposes of subsection (2), the
5 Commonwealth may, by written notice given
to each of the participating jurisdictions,
indicate that it does not wish to be a member
of the Panel.
(4) The functions of the Panel are--
10 (a) to consider matters referred to it by any
member of the Panel; and
(b) to decide any matter that is specified in
this Act, or a corresponding fatigue
law, as a matter that is to be specified
15 by the Panel.
(5) The regulations may make further provision
about the Panel, including, for example--
(a) the functions and procedures of the
Panel; and
20 (b) the referral of matters to the Panel.
191ZZZB Approved matters to be published
The Panel must publish in the
Commonwealth Government Gazette details
of any matter that it approves in exercising
25 the function conferred on it by section
191ZZZA(4)(b).
Division 9--Reconsideration and review of
decisions
191ZZZC Decisions that may be reconsidered and
30 reviewed
The following decisions of the Corporation
are decisions to which this Division
applies--
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
Section under
which decision Brief description of
Item made decision
1 191ZL decision not to grant
BFM accreditation
2 191ZK, 191ZU decision to give an
or 191ZZA accreditation or
exemption for less than
3 years or the period
sought by the applicant
3 191ZM decision to give a BFM
accreditation subject to a
condition (other than a
statutory condition) not
sought by the applicant
4 191ZU decision not to grant
AFM accreditation
5 191ZV decision to give an AFM
accreditation subject to a
condition (other than a
statutory condition) not
sought by the applicant
6 191ZZA decision not to give a
work diary exemption
7 191ZZA decision to give an
exemption subject to a
condition not sought by
the applicant
8 191ZZB decision not to vary or
cancel an accreditation
or exemption on
application
9 191ZZC and decision to vary or
191ZZD cancel an accreditation
or exemption except on
application
10 191ZZH decision not to give a
replacement
accreditation certificate
or exemption
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 20
191ZZZD Reconsideration of decisions
(1) A person affected by a decision to which this
Division applies (an initial decision) may
ask the Corporation in writing to reconsider
5 the decision.
(2) The request must be made within--
(a) 28 days after the person, or someone
else affected by the decision, was told
of the initial decision, and given
10 reasons for the decision, by the
Corporation; or
(b) any longer period allowed by the
Corporation.
(3) The request must state the decision sought by
15 the person and outline why the decision
should be made.
(4) The Corporation must reconsider the initial
decision and--
(a) confirm the decision; or
20 (b) vary the decision; or
(c) set the decision aside and substitute a
new decision.
(5) If the decision was made in accordance with
a recommendation of the Panel or a
25 corresponding Authority, the Corporation
must inform the Panel or corresponding
Authority of the decision that the
Corporation proposes to make.
(6) The Panel or corresponding Authority may
30 make a recommendation to the Corporation
about the proposed decision, and the reasons
for the recommendation, within 21 days after
being informed of the proposed decision.
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 21
(7) The Corporation must have regard to the
recommendations of the Panel or
corresponding Authority when making the
decision.
5 (8) Within 28 days after receiving the request,
the Corporation must give the person a
written notice that states--
(a) the result of the reconsideration; and
(b) if the Authority does not make the
10 decision sought by the person--the
reasons for the reconsidered decision.
__________________".
21 New Part 11 heading
For the heading to Part 11 of the Road Safety Act
15 1986 substitute--
"PART 11--ADDITIONAL PROVISIONS
CONCERNING RELEVANT HEAVY VEHICLE
OFFENCES".
22 Application of Commonwealth Acts Interpretation
20 Act 1901
Section 191A of the Road Safety Act 1986 is
repealed.
23 Relevant heavy vehicle offences
For section 192(2)(a) of the Road Safety Act
25 1986 substitute--
"(a) that is constituted by, or that has a necessary
element--
(i) the contravention of a mass, dimension
or load restraint limit or requirement; or
30 (ii) the contravention of a fatigue
management requirement under
Part 10A; and".
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 24
24 Definitions
For section 193 of the Road Safety Act 1986
substitute--
"193 Interpretation
5 (1) In this Part--
registered operator of a vehicle also includes
a person who is recorded on the register
of a corresponding authority as the
person responsible for the vehicle.
10 (2) The Acts Interpretation Act 1901 of the
Commonwealth applies to the interpretation
of this Part, except that, in relation to
Victoria--
(a) "Gazette" refers to the Victorian
15 Government Gazette; and
(b) "Minister" refers to the responsible
Minister of Victoria.
(3) This section does not prevent the
Interpretation of Legislation Act 1984
20 from applying to this Part to the extent that it
can do so consistently with the application of
the Acts Interpretation Act 1901 of the
Commonwealth.".
25 Meaning of associate repealed
25 Section 194 of the Road Safety Act 1986 is
repealed.
26 Meaning of operator repealed
Section 195 of the Road Safety Act 1986 is
repealed.
30 27 Definitions
In section 225(1) of the Road Safety Act 1986,
the definition of business day is repealed.
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 28
28 Regulations
For item 37A of Schedule 2 to the Road Safety
Act 1986 substitute--
"37A. The management of fatigue of drivers of
5 fatigue regulated heavy vehicles, including--
(a) requirements relating to records and
other documents to be kept in relation
to the management of fatigue of drivers
of fatigue regulated heavy vehicles; and
10 (b) matters relating to work diaries
including the approval of work diaries
by the Corporation and the use and
operation of work diaries;
(c) matters relevant to work time and rest
15 time for drivers of fatigue regulated
heavy vehicles, including how time is
counted for the purposes of calculating
work time and rest time;
(d) matters relating to the Fatigue
20 Authorities Panel; and
(e) the mutual recognition of decisions
made by the Corporation,
corresponding Authorities and the
Fatigue Authorities Panel about the
25 management of fatigue of drivers of
fatigue regulated heavy vehicles and
records relating to those decisions;
(f) matters relevant to the reconsideration
of a decision made under Part 10A.".
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
29 New Schedules 3 to 4A inserted
After Schedule 2 to the Road Safety Act 1986
insert--
"SCHEDULE 3
5 WORK AND REST HOURS FOR DRIVERS NOT WORKING
UNDER ACCREDITATION
TABLE 1
Standard hours--Solo drivers of a fatigue regulated heavy vehicle
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
... a driver ... and must ... the
must not have the rest of following
In any work for that period off If in that category of
period more work, with at period a offence is
of ... than ... least ... driver has ... committed ...
5½ hrs 5¼ hrs 15 continuous > 5¼ hrs minor risk
work time mins stationary work time
rest time
8 hrs 7½ hrs 30 mins > 7½ hrs minor risk
work time stationary work time
rest time, in
blocks of
15 continuous
mins
11 hrs 10 hrs 60 mins 10¾ hrs minor risk
work time stationary work time
rest time, in
> 10¾ hrs substantial
blocks of
work time risk
15 continuous
mins
561106B.I-22/11/2007 130 BILL LA INTRODUCTION AS
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
24 hrs 12 hrs 12¾ hrs minor risk
work time work time
> 12¾ substantial
but not risk
> 13¼ hrs
work time
> 13¼ severe risk
but not
> 13½ hrs
work time
> 13½ hrs critical risk
work time
7 continuous < 7 but not minor risk
hrs stationary < 6¼
rest time continuous
hrs stationary
rest time
< 6¼ but substantial
not < 5¾ risk
continuous
hrs stationary
rest time
< 5¾ but severe risk
not < 5½
continuous
hrs stationary
rest time
< 5½ critical risk
continuous
hrs stationary
rest time
7 day 72 hrs 73½ hrs minor risk
(168 hrs) work time work time
> 73½ but substantial
not > 74½ risk
hrs work
time
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
> 74½ but severe risk
not > 75 hrs
work time
> 75 hrs critical risk
work time
24 continuous < 24 but minor risk
hrs stationary not < 23¼
rest time continuous
hrs stationary
rest time
< 23¼ but substantial
not < 22¾ risk
continuous
hrs stationary
rest time
< 22¾ but severe risk
not < 22½
continuous
hrs stationary
rest time
< 22½ critical risk
continuous
hrs stationary
rest time
14 days 144 hrs 145½ hrs minor risk
(336 hrs) work time work time
> 145½ but substantial
not > 146½ risk
hrs work
time
> 146½ but severe risk
not > 147 hrs
work time
> 147 hrs critical risk
work time
561106B.I-22/11/2007 132 BILL LA INTRODUCTION AS
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
2 × night rest < 7 but not minor risk
breaks, and < 6¼
continuous
hrs stationary
rest time per
block
< 6¼ but substantial
not < 5¾ risk
continuous
hrs stationary
of that rest
time per
block
< 5¾ but severe risk
not < 5½
continuous
hrs stationary
of that rest
time per
block
< 5½ critical risk
continuous
hrs stationary
of that rest
time per
block
2 × night rest < 7 but minor risk
breaks taken not < 6¼
on consecutive continuous
days hrs stationary
of that rest
time per
block
< 6¼ but substantial
not < 5¾ risk
continuous
hrs stationary
of that rest
time per
block
561106B.I-22/11/2007 133 BILL LA INTRODUCTION AS
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
< 5¾ but severe risk
not < 5½
continuous
hrs stationary
of that rest
time per
block
< 5½ critical risk
continuous
hrs stationary
of that rest
time per
block
TABLE 2
Standard hours--Solo drivers of buses
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
... a driver ... and must ... the
must not have the rest of following
In any work for that period off If in that category of
period more work, with at period a offence is
of ... than ... least ... driver has ... committed ...
5½ hrs 5¼ hrs 15 continuous > 5¼ hrs minor risk
work time mins stationary work time
rest time
8 hrs 7½ hrs 30 mins > 7½ hrs minor risk
work time stationary work time
rest time, in
blocks of
15 continuous
mins
561106B.I-22/11/2007 134 BILL LA INTRODUCTION AS
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
11 hrs 10 hrs 60 mins 10¾ hrs minor risk
work time stationary work time
rest time, in
> 10¾ hrs substantial
blocks of
work time risk
15 continuous
mins
24 hrs 12 hrs 12¾ hrs minor risk
work time work time
> 12¾ but substantial
not > 13¼ risk
hrs work
time
> 13¼ but severe risk
not > 13½
hrs work
time
> 13½ hrs critical risk
work time
7 continuous < 7 but minor risk
hrs stationary not < 6¼
rest time continuous
hrs stationary
rest time
< 6¼ but substantial
not < 5¾ risk
continuous
hrs stationary
rest time
< 5¾ but severe risk
not < 5½
continuous
hrs stationary
rest time
< 5½ critical risk
continuous
hrs stationary
rest time
561106B.I-22/11/2007 135 BILL LA INTRODUCTION AS
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
7 days 6 × night rest < 7 but minor risk
(168 hrs) breaks not < 6¼
continuous
hrs stationary
of that rest
time per
block
< 6¼ but substantial
not < 5¾ risk
continuous
hrs stationary
of that rest
time per
block
< 5¾ but Severe risk
not < 5½
continuous
hrs stationary
of that rest
time per
block
< 5½ critical risk
continuous
hrs stationary
of that rest
time per
block
28 days 288 hrs 289½ hrs minor risk
(672 hrs) work time work time
> 289½ but substantial
not > 290½ risk
hrs work
time
> 290½ but severe risk
not > 291 hrs
work time
> 291 hrs critical risk
work time
561106B.I-22/11/2007 136 BILL LA INTRODUCTION AS
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
4 × 24 < 24 but not minor risk
continuous hrs < 23¼
stationary rest continuous
time hrs stationary
rest time per
block
< 23¼ but substantial
not < 22¾ risk
continuous
hrs stationary
rest time per
block
< 22¾ but severe risk
not < 22½
continuous
hrs stationary
rest time per
block
< 22½ critical risk
continuous
hrs stationary
rest time per
block
561106B.I-22/11/2007 137 BILL LA INTRODUCTION AS
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
TABLE 3
Standard hours--Two-up drivers of a fatigue regulated heavy
vehicle
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
... a driver ... and must ... the
must not have the rest of following
In any work for that period off If in that category of
period more work, with at period a offence is
of ... than ... least ... driver has ... committed ...
5½ hrs 5¼ hrs 15 continuous > 5¼ hrs minor risk
work time mins rest time work time
8 hrs 7½ hrs 30 mins rest > 7½ hrs minor risk
work time time, in work time
blocks of
15 continuous
mins
11 hrs 10 hrs 60 mins rest 10¾ hrs minor risk
work time time, in work time
blocks of
> 10¾ hrs substantial
15 continuous
work time risk
mins
24 hrs 12 hrs 12¾ hrs minor risk
work time work time
> 12¾ but substantial
not > 13¼ risk
hrs work
time
> 13¼ but severe risk
not > 13½
hrs work
time
> 13½ hrs critical risk
work time
561106B.I-22/11/2007 138 BILL LA INTRODUCTION AS
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Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
5 continuous < 5 but minor risk
hrs stationary not < 4¼
rest time, or continuous
5 continuous hrs of that
hrs rest time in rest time
an approved < 4¼ but substantial
sleeper berth not < 3¾ risk
while the continuous
vehicle is hrs of that
moving or is rest time
stationary
< 3¾ but severe risk
not < 3½
continuous
hrs of that
rest time
< 3½ critical risk
continuous
hrs of that
rest time
52 hrs 10 continuous < 10 but minor risk
hrs stationary not < 9¼
rest time continuous
hrs stationary
rest time
< 9¼ but substantial
not < 8¾ risk
continuous
hrs stationary
rest time
< 8¾ but severe risk
not < 8½
continuous
hrs stationary
rest time
< 8½ critical risk
continuous
hrs stationary
rest time
561106B.I-22/11/2007 139 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
7 days 60 hrs 58½ hrs minor risk
(168 hrs) work time work time
> 58½ but substantial
not > 57½ risk
hrs work
time
> 57½ but severe risk
not > 57 hrs
work time
> 57 hrs critical risk
work time
24 continuous < 24 but minor risk
hrs stationary not < 23¼
rest time, and continuous
hrs stationary
rest time
< 23¼ but substantial
not < 22¾ risk
continuous
hrs stationary
rest time
< 22¾ but severe risk
not < 22½
continuous
hrs stationary
rest time
< 22½ critical risk
continuous
hrs stationary
rest time
561106B.I-22/11/2007 140 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
24 hrs < 24 but not minor risk
stationary rest < 23¼ hrs
time in blocks stationary
of at least rest time in
7 continuous total
hrs stationary
< 7 but
not < 6¼
continuous
hrs stationary
rest time per
block
< 23¼ but substantial
not < 22¾ risk
hrs stationary
rest time in
total
< 6¼ but
not < 5¾
continuous
hrs stationary
rest time per
block
< 22¾ but severe risk
not < 22½
hrs stationary
rest time in
total
< 5¾ but
not < 5½
continuous
hrs stationary
rest time per
block
561106B.I-22/11/2007 141 BILL LA INTRODUCTION AS
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
< 22½ hrs critical risk
stationary
rest time in
total
< 5½
continuous
hrs stationary
rest time per
block
14 days 120 hrs 118½ hrs minor risk
(336 hrs) work time work time
> 118½ but substantial
not > 117½ risk
hrs work
time
> 117½ but severe risk
not > 117 hrs
work time
> 117 hrs critical risk
work time
2 × night rest < 7 but minor risk
breaks, and not < 6¼
continuous
hrs stationary
rest time per
block
< 6¼ but substantial
not < 5¾ risk
continuous
hrs stationary
of that rest
time per
block
561106B.I-22/11/2007 142 BILL LA INTRODUCTION AS
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
< 5¾ but severe risk
not < 5½
continuous
hrs stationary
of that rest
time per
block
< 5½ critical risk
continuous
hrs stationary
of that rest
time per
block
2 × night rest < 7 but minor risk
breaks taken not < 6¼
on consecutive continuous
days hrs stationary
of that rest
time per
block
< 6¼ but substantial
not < 5¾ risk
continuous
hrs stationary
of that rest
time per
block
< 5¾ but severe risk
not < 5½
continuous
hrs stationary
of that rest
time per
block
< 5½ critical risk
continuous
hrs stationary
of that rest
time per
block
561106B.I-22/11/2007 143 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
5½ hrs 5¼ hrs 15 continuous > 5¼ hrs minor risk
work time mins rest time work time
8 hrs 7½ hrs 30 mins rest > 7½ hrs minor risk
work time time, in work time
blocks of
15 continuous
mins
11 hrs 10 hrs 60 mins rest 10¾ hrs minor risk
work time time, in work time
blocks of
> 10¾ hrs substantial
15 continuous
work time risk
mins
24 hrs 12 hrs 12¾ hrs minor risk
work time work time
__________________
561106B.I-22/11/2007 144 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
SCHEDULE 4
WORK AND REST HOURS FOR DRIVERS WORKING
UNDER BFM ACCREDITATION
TABLE 1
5 BFM hours--Solo drivers of a fatigue regulated heavy vehicle
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
... a driver ... and must ... the
must not have the rest of following
In any work for that period off If in that category of
period more work, with at period a offence is
of ... than ... least ... driver has ... committed ...
6¼ hrs 6 hrs work 15 continuous > 6 hrs work minor risk
time mins stationary time
rest time
9 hrs 8½ hrs 30 mins > 8½ hrs minor risk
work time stationary work time
rest time, in
blocks of
15 continuous
mins
12 hrs 11 hrs 60 mins 11¾ hrs minor risk
work time stationary work time
rest time, in
> 11¾ hrs substantial
blocks of
work time risk
15 continuous
mins
24 hrs 14 hrs 14¾ hrs minor risk
work time work time
> 14¾ but substantial
not > 15¼ risk
hrs work
time
561106B.I-22/11/2007 145 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
> 15¼ but severe risk
not > 15½
hrs work
time
> 15½ hrs critical risk
work time
7 continuous < 7 but minor risk
hrs stationary not < 6¼
rest time continuous
hrs
stationary
rest time
< 6¼ but substantial
not < 5¾ risk
continuous
hrs
stationary
rest time
< 5¾ but severe risk
not < 5½
continuous
hrs
stationary
rest time
< 5½ critical risk
continuous
hrs
stationary
rest time
7 days 36 hrs 36¾ hrs minor risk
(168 hrs) long/night long/night
work time work time
> 36¾ substantial
but not risk
> 37¼ hrs
long/night
work time
561106B.I-22/11/2007 146 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
> 37¼ severe risk
but not
> 37½ hrs
long/night
work time
> 37½ hrs critical risk
long/night
work time
14 days 144 hrs 145½ hrs minor risk
(336 hrs) work time work time
> 145½ but substantial
not > 146½ risk
hrs work
time
> 146½ but severe risk
not > 147 hrs
work time
> 147 hrs critical risk
work time
24 continuous < 24 but minor risk
hrs stationary not < 23¼
rest time taken continuous
after no more hrs
than 84 hrs stationary
work time, and rest time
< 23¼ but substantial
not < 22¾ risk
continuous
hrs
stationary
rest time
< 22¾ but severe risk
not < 22½
continuous
hrs
stationary
rest time
561106B.I-22/11/2007 147 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
< 22½ critical risk
continuous
hrs
stationary
rest time
24 continuous < 24 but minor risk
hrs stationary not < 23¼
rest time, and continuous
hrs
stationary
rest time
< 23¼ but substantial
not < 22¾ risk
continuous
hrs
stationary
rest time
< 22¾ but severe risk
not < 22½
continuous
hrs
stationary
rest time
< 22½ critical risk
continuous
hrs
stationary
rest time
2 × night rest < 7 but minor risk
breaks, and not < 6¼
continuous
hrs
stationary
rest time per
block
561106B.I-22/11/2007 148 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
< 6¼ but substantial
not < 5¾ risk
continuous
hrs
stationary of
that rest time
per block
< 5¾ but severe risk
not < 5½
continuous
hrs
stationary of
that rest time
per block
< 5½ critical risk
continuous
hrs
stationary of
that rest time
per block
2 × night rest < 7 but minor risk
breaks taken not < 6¼
on consecutive continuous
days hrs
stationary of
that rest time
per block
< 6¼ but substantial
not < 5¾ risk
continuous
hrs
stationary of
that rest time
per block
561106B.I-22/11/2007 149 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
< 5¾ but severe risk
not < 5½
continuous
hrs
stationary of
that rest time
per block
< 5½ critical risk
continuous
hrs
stationary of
that rest time
per block
6¼ hrs 6 hrs work 15 continuous > 6 hrs work minor risk
time mins stationary time
rest time
561106B.I-22/11/2007 150 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
TABLE 2
BFM hours--Two-up drivers of a fatigue regulated heavy vehicle
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
... a driver ... and must ... the
must not have the rest of following
In any work for that period off If in that category of
period more work, with at period a offence is
of ... than ... least ... driver has ... committed ...
24 hrs 14 hrs 10 hrs 14¾ hrs minor risk
work time stationary rest work time
time, or
> 14¾ but substantial
10 hrs rest time not > 15¼ risk
in an approved hrs work
sleeper berth time
while the
> 15¼ but severe risk
vehicle is
moving or is not > 15½
stationary hrs work
time
> 15½ hrs critical risk
work time
82 hrs 10 continuous < 10 but minor risk
hrs stationary not < 9¼
rest time continuous
hrs
stationary
rest time
< 9¼ but substantial
not < 8¾ risk
continuous
hrs
stationary
rest time
561106B.I-22/11/2007 151 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
< 8¾ but severe risk
not < 8½
continuous
hrs
stationary
rest time
< 8½ critical risk
continuous
hrs
stationary
rest time
7 days 70 hrs 68½ hrs minor risk
(168 hrs) work time work time
> 68½ but substantial
not > 67½ risk
hrs work
time
> 67½ but severe risk
not > 67 hrs
work time
> 67 hrs critical risk
work time
24 continuous < 24 but minor risk
hrs stationary not < 23¼
rest time, and continuous
hrs
stationary
rest time
< 23¼ but substantial
not < 22¾ risk
continuous
hrs
stationary
rest time
561106B.I-22/11/2007 152 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
< 22¾ but severe risk
not < 22½
continuous
hrs
stationary
rest time
< 22½ critical risk
continuous
hrs
stationary
rest time
24 hrs < 24 but not minor risk
stationary rest < 23¼ hrs
time in blocks stationary
of at least rest time in
7 continuous total
hrs
< 7 but
not < 6¼
continuous
hrs
stationary
rest time per
block
< 23¼ but substantial
not < 22¾ risk
hrs
stationary
rest time in
total
< 6¼ but
not < 5¾
continuous
hrs
stationary
rest time per
block
561106B.I-22/11/2007 153 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
< 22¾ but severe risk
not < 22½
hrs
stationary
rest time in
total
< 5¾ but
not < 5½
continuous
hrs
stationary
rest time per
block
< 22½ hrs critical risk
stationary
rest time in
total
< 5½
continuous
hrs
stationary
rest time per
block
14 days 140 hrs 141½ hrs minor risk
(336 hrs) work time work time
> 141½ but substantial
not > 142½ risk
hrs work
time
> 142½ but severe risk
not > 143 hrs
work time
> 143 hrs critical risk
work time
561106B.I-22/11/2007 154 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
4×7 < 7 but minor risk
continuous hrs not < 6¼
stationary rest continuous
time between hrs
10 p.m. on a stationary
day and 8 a.m. rest time per
on the next block
day, using the
< 6¼ but substantial
time zone of
not < 5¾ risk
the vehicle's
continuous
driver base
hrs
stationary of
that rest time
per block
< 5¾ but severe risk
not < 5½
continuous
hrs
stationary of
that rest time
per block
< 5½ critical risk
continuous
hrs
stationary of
that rest time
per block
24 hrs 14 hrs 10 hrs 14¾ hrs minor risk
work time stationary rest work time
time, or
> 14¾ but substantial
10 hrs rest time not > 15¼ risk
in an approved hrs work
sleeper berth time
while the
> 15¼ but severe risk
vehicle is
moving or is not > 15½
stationary hrs work
time
> 15½ hrs critical risk
work time
561106B.I-22/11/2007 155 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
82 hrs 10 continuous < 10 but minor risk
hrs stationary not < 9¼
rest time continuous
hrs
stationary
rest time
7 days 70 hrs 68½ hrs minor risk
(168 hrs) work time work time
> 68½ but substantial
not > 67½ risk
hrs work
time
> 67½ but severe risk
not > 67 hrs
work time
> 67 hrs critical risk
work time
24 continuous < 24 but minor risk
hrs stationary not < 23¼
rest time, and continuous
hrs
stationary
rest time
< 23¼ but substantial
not < 22¾ risk
continuous
hrs
stationary
rest time
< 22¾ but severe risk
not < 22½
continuous
hrs
stationary
rest time
561106B.I-22/11/2007 156 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
< 22½ critical risk
continuous
hrs
stationary
rest time
24 hrs < 24 but not minor risk
stationary rest < 23¼ hrs
time in blocks stationary
of at least rest time in
7 continuous total
hrs
< 7 but
not < 6¼
continuous
hrs
stationary
rest time per
block
< 23¼ substantial
but not risk
< 22¾ hrs
stationary
rest time in
total
< 6¼ but
not < 5¾
continuous
hrs
stationary
rest time per
block
561106B.I-22/11/2007 157 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
< 22¾ severe risk
but not
< 22½ hrs
stationary
rest time in
total
< 5¾ but
not < 5½
continuous
hrs
stationary
rest time per
block
< 22½ hrs critical risk
stationary
rest time in
total
< 5½
continuous
hrs
stationary
rest time per
block
14 days 140 hrs 141½ hrs minor risk
(336 hrs) work time work time
> 141½ but substantial
not > 142½ risk
hrs work
time
> 142½ but severe risk
not > 143 hrs
work time
> 143 hrs critical risk
work time
561106B.I-22/11/2007 158 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
Column 1 Column 2 Column 3 Column 4
Total Maximum Minimum rest
period work time time Offence category
4×7 < 7 but minor risk
continuous hrs not < 6¼
stationary rest continuous
time between hrs
10 p.m. on a stationary
day and 8 a.m. rest time per
on the next block
day, using the
< 6¼ but substantial
time zone of
not < 5¾ risk
the vehicle's
continuous
driver base
hrs
stationary of
that rest time
per block
< 5¾ but severe risk
not < 5½
continuous
hrs
stationary of
that rest time
per block
< 5½ critical risk
continuous
hrs
stationary of
that rest time
per block
14 days 140 hrs 141½ hrs minor risk
(336 hrs) work time work time
> 141½ but substantial
not > 142½ risk
hrs work
time
__________________
561106B.I-22/11/2007 159 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 2--Amendment of Road Safety Act 1986
s. 29
SCHEDULE 4A
AFM OUTER LIMITS
Column 1 Column 2 Column 3
Total period Maximum work time Minimum rest time
... and must have the rest of
In any period ... a driver must not that period off work, with at
of ... work for more than ... least ...
24 hrs 15 hrs work time 6 continuous hrs stationary
rest time (or in the case of a
two-up driver, rest in an
approved sleeper berth), or
8 hrs stationary rest time (or in
the case of a two-up driver,
rest in an approved sleeper
berth) taken in no more than
2 blocks
14 days 154 hrs work time 2 × 7 continuous hrs stationary
(336 hrs) rest time between 10 pm on a
day and 8 am on the next day,
using the time zone of the
vehicle's driver base
28 days 288 hrs work time 4 × 24 continuous hrs
(672 hrs) stationary rest time
__________________".
__________________
561106B.I-22/11/2007 160 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 3--Amendment of Chattel Securities Act 1987
s. 30
PART 3--AMENDMENT OF CHATTEL SECURITIES
ACT 1987
30 New section 16B inserted
After section 16A of the Chattel Securities Act See:
Act No.
5 1987 insert-- 15/1987.
Reprint No. 3
"16B Corporation may enter into agreement as at
10 May 2007.
with sheriff about registration fees LawToday:
www.
The Corporation may enter into an legislation.
agreement with the sheriff for the vic.gov.au
10 registration of security interests arising
because of the making of directions by the
sheriff under section 116 of the
Infringements Act 2006 (including a
deemed direction under section 114(4) of
15 that Act) for fees that--
(a) are less than the prescribed fee; and
(b) do not exceed the costs of registering
the security interests.".
31 Section 18 substituted
20 For section 18 of the Chattel Securities Act 1987
substitute--
"18 Cancellation of registration
(1) A person who is the holder of a registered
security interest may apply to the
25 Corporation for the cancellation of the
registration.
(2) For the purposes of this Act, an application
has not been made until it has been lodged
with the Corporation.
561106B.I-22/11/2007 161 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 3--Amendment of Chattel Securities Act 1987
s. 32
(3) The Corporation must reject an application
unless--
(a) it is made in a manner approved by the
Corporation; and
5 (b) it is in a form approved by the
Corporation and contains the
information required by the
Corporation.".
32 Corporation to record details of cancellation
10 In section 20 of the Chattel Securities Act 1987,
after "19" insert "and not rejected by the
Corporation".
33 Prescribed fees for variation
After section 21(1) of the Chattel Securities Act
15 1987 insert--
"(1A) An application made under subsection (1)
must be accompanied by the prescribed fee
(if any).".
34 Variation of particulars
20 At the end of section 22 of the Chattel Securities
Act 1987 insert--
"(2) The Corporation may charge the holder of
the registered security interest to whom the
particulars relate the prescribed fee (if any)
25 for varying the particulars in accordance
with this section.".
561106B.I-22/11/2007 162 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 3--Amendment of Chattel Securities Act 1987
s. 35
35 Correction of inaccuracies in the register
(1) Insert the following heading to section 22A of the
Chattel Securities Act 1987--
"Correction of inaccuracies in the register".
5 (2) After section 22A(2) of the Chattel Securities
Act 1987 insert--
"(3) The Corporation may charge the holder of
the registered security interest the prescribed
fee (if any) for varying the information in the
10 register in accordance with this section.".
36 Certificate
(1) For section 24(2)(b) of the Chattel Securities Act
1987 substitute--
"(b) goods which a member of the police force
15 has advised the Corporation have been
reported to a member of the police force as
being stolen or otherwise illegally obtained;
or".
(2) For section 24(3) of the Chattel Securities Act
20 1987 substitute--
"(3) Neither the Corporation nor any other person
incurs any liability in respect of a certificate
issued under subsection (1) or information
provided under subsection (2) if--
25 (a) the certificate or information contains
or is accompanied by a disclaimer that
the certificate or information is
provided without liability and without
any responsibility for the accuracy of
30 the certificate or information; and
(b) the certificate or information is
provided in good faith.".
561106B.I-22/11/2007 163 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 3--Amendment of Chattel Securities Act 1987
s. 37
37 New section 24A inserted
After section 24 of the Chattel Securities Act
1987 insert--
"24A Provision of information other than by
5 certificate
(1) The Corporation may, on payment of the
prescribed fee (if any), provide information
of the type referred to in sections 24(1) and
24(2) to a person without providing a
10 certificate under that section in the approved
form.
(2) To remove any doubt, if the Corporation
provides information under subsection (1) to
a person who purchases or purports to
15 purchase an interest in goods, the provision
of the information does not, under section
7(1A), extinguish a registered interest a
secured party has in the goods.".
38 Regulations
20 For section 28(2) of the Chattel Securities Act
1987 substitute--
"(2) Without limiting subsection (1), the
regulations may provide for the payment of
fees including--
25 (a) the matters for which fees are payable;
and
(b) the amount of the fees; and
(c) the persons by whom the fees are
payable.
30 (3) A power conferred by this Act to make
regulations providing for the imposition of
fees may be exercised by providing for all or
any of the following matters--
(a) specific fees;
561106B.I-22/11/2007 164 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 3--Amendment of Chattel Securities Act 1987
s. 38
(b) maximum or minimum fees;
(c) maximum and minimum fees;
(d) ad valorem fees;
(e) the payment of fees either generally or
5 under specified conditions or in
specified circumstances;
(f) the reduction, waiver or refund, in
whole or in part, of the fees.
(4) If under subsection (3)(f) regulations provide
10 for a reduction, waiver or refund, in whole or
in part, of a fee, the reduction, waiver or
refund may be expressed to apply either
generally or specifically--
(a) in respect of certain matters or
15 transactions or classes of matters or
transactions; or
(b) in respect of certain documents or
classes of documents; or
(c) when an event happens; or
20 (d) in respect of certain persons or classes
of persons; or
(e) in respect of any combination of such
matters, transactions, documents,
events or persons; or
25 (f) subject to specified conditions or in the
discretion of any specified person or
body.
(5) The regulations--
(a) may be of general or specifically
30 limited application; and
(b) may differ according to differences in
time, place or circumstances.".
__________________
561106B.I-22/11/2007 165 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 39
PART 4--AMENDMENT OF EASTLINK PROJECT ACT 2004
39 Definitions
See: In section 3(1) of the EastLink Project Act
Act No.
39/2004. 2004--
Reprint No. 1
5 as at (a) insert the following definitions--
30 November
2005 "authorised person means a person
and
amending authorised in writing by the Freeway
Act Nos Corporation under section 197AA;
32/2006,
48/2006, corresponding body has the same meaning
63/2006,
10 85/2006 and as in section 84BB of the Road Safety
14/2007. Act 1986;
LawToday:
www.
legislation.
corresponding law has the same meaning as
vic.gov.au in section 84BB of the Road Safety
Act 1986;
15 effective, in relation to an illegal user
statement, a known user statement or a
sold vehicle statement, means a
statement that is, or is accepted by an
authorised person under section 199 as,
20 and has not ceased to be, an effective
statement for the purposes of Part 9;
illegal user statement, in relation to the use
of a vehicle, means a statement in
writing made by a responsible person to
25 the effect that the person believes that
at the relevant time the vehicle was a
stolen vehicle or that the number plates
displayed on the vehicle were stolen;
known user statement, in relation to the use
30 of a vehicle, means a statement in
writing made by a responsible person--
561106B.I-22/11/2007 166 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 39
(a) to the effect that the person was
not driving at the relevant time, or
had not at that time possession or
control of, the vehicle; and
5 (b) containing sufficient information
to identify and locate the person
who the responsible person last
knew to have, before the relevant
time, possession or control of the
10 vehicle;
nomination rejection statement means a
statement in writing made by a person
nominated in a known user statement or
a sold vehicle statement as being the
15 responsible person in relation to a
vehicle to the effect that--
(a) if nominated in a known user
statement, the person had not had
possession or control of the
20 vehicle at the relevant time, as
stated in the known user
statement; and
(b) if nominated in a sold vehicle
statement, the vehicle had not
25 been sold or disposed of to the
person, and that no interest in it
had otherwise vested in the
person, as stated in the sold
vehicle statement;
30 operator, in relation to a vehicle at the time
the vehicle was driven in a toll zone,
means each of the following--
(a) the registered operator of the
vehicle at that time or the person
35 recorded at that time on a register
of vehicles maintained under a
561106B.I-22/11/2007 167 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 39
corresponding law as the person
responsible for the vehicle;
(b) if VicRoads under the regulations
under the Road Safety Act 1986,
5 or a corresponding body under a
corresponding law, has received
notice of transfer of registration of
the vehicle, the person whose
name is disclosed in the records
10 kept by VicRoads or the
corresponding body (as the case
requires) as being responsible for
the vehicle at that time;
(c) if the vehicle is not registered
15 under the Road Safety Act 1986
or a corresponding law, the person
whose name is disclosed in the
records kept by VicRoads or the
corresponding body as being
20 responsible for the vehicle at that
time;
(d) if the vehicle displays a number
plate--
(i) the person who, at the time at
25 which the registration
number borne by that
number plate was last
assigned by VicRoads or a
corresponding body, was the
30 registered operator of, or (if
assigned by a corresponding
body) the person recorded on
a register of vehicles
maintained under the
35 corresponding law as the
person responsible for, the
vehicle to which that
561106B.I-22/11/2007 168 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 39
registration number was
assigned, whether or not that
vehicle is the same as the
vehicle involved in the
5 offence; or
(ii) the person whose name is
disclosed in the records kept
by VicRoads or a
corresponding body as being
10 entitled, or last entitled, at
that time to use or possess
that number plate;
(e) if the vehicle displays a general
identification mark by means of a
15 special identification plate issued
by VicRoads under the regulations
under the Road Safety Act 1986
or by a corresponding body under
a corresponding law, the person to
20 whom the mark is assigned at that
time;
registered operator has the same meaning as
in section 3(1) of the Road Safety Act
1986;
25 responsible person means--
(a) the operator; or
(b) the person nominated in an
effective known user statement or
an effective sold vehicle
30 statement;
sold vehicle statement, in relation to the use
of a vehicle, means a statement in
writing made by a responsible person--
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Part 4--Amendment of EastLink Project Act 2004
s. 39
(a) to the effect that--
(i) the person had sold or
otherwise disposed of the
vehicle before the relevant
5 time or that any interest in
the vehicle had otherwise
ceased to be vested in the
person before that time; and
(ii) the person was not at that
10 time driving, or had not at
that time possession or
control of, the vehicle; and
(b) containing sufficient information
to identify and locate the person to
15 whom the vehicle was sold or
disposed of, or in whom an
interest in the vehicle was
otherwise vested, and the date
and, if relevant, the time of sale,
20 disposal or vesting;
tolling nomination statement means a
tolling nomination statement made by
an authorised person under Part 6AA of
the Road Safety Act 1986;
25 tollway billing arrangement means an
agreement or arrangement between a
person and a tollway operator (or an
agent of a tollway operator) relating to
the payment of tolls for the use of a
30 vehicle in a tollway;
tollway operator means a person, other than
the Freeway Corporation, who--
(a) operates a tollway under a law of
this State, or another State or of a
35 Territory, or under an agreement
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s. 40
between that person and the State
or another State or Territory; and
(b) is empowered or entitled, under
that law or agreement, to levy or
5 impose a toll or charge for the use
of the tollway;";
(b) the definition of owner is repealed;
(c) for the definition trip substitute--
"trip means the driving of a vehicle on
10 EastLink--
(a) in a single direction; and
(b) through one or more toll zones
(without repeating a toll zone);
and
15 (c) within the space of a single hour;
and
(d) whether or not that driving is
interrupted by exit from EastLink;
and
20 (e) that, if the driving is interrupted
by exit from EastLink, involves
re-entering at a point that is
forwards of the point of exit;".
40 New section 197AA inserted
25 Before section 197 of the EastLink Project Act
2004 insert--
"197AA Authorisation of authorised persons
The Freeway Corporation may, in writing,
authorise a person to carry out functions
30 under this Part.".
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 41
41 Liability to pay toll charged
In sections 197(2) and 197(3) of the EastLink
Project Act 2004 for "owner" (wherever
occurring) substitute "operator".
5 42 Exemptions from toll and toll administration fees
(1) In sections 198(1) and 198(4) of the EastLink
Project Act 2004, for "freeway use agreement"
substitute "tollway billing arrangement".
(2) In section 198(5) of the EastLink Project Act
10 2004, for "72 hours" substitute "3 days,
beginning on the day after the day on which the
vehicle was used in a toll zone".
43 Section 199 substituted and new sections 199A
and 199B inserted
15 For section 199 of the EastLink Project Act
2004 substitute--
"199 Operator not liable if effective tolling
statement made
(1) The operator of a vehicle is not liable under
20 section 197 to pay a toll or toll
administration fee for the use of the vehicle
in a toll zone if, within the period of 14 days
after the request for payment of the toll or
toll administration fee, the operator gives to
25 an authorised person--
(a) an illegal user statement; or
(b) a known user statement; or
(c) a sold vehicle statement--
and the authorised person accepts the
30 statement as an effective statement for the
purposes of this Part.
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 43
(2) Information contained in a known user
statement or a sold vehicle statement
identifying a person is sufficient for the
purposes of this Part if it contains--
5 (a) in the case of an individual, the
individual's full name and current home
address and either the individual's date
of birth or the number of the licence or
permit authorising the individual to
10 drive and, if that licence or permit is
issued by a corresponding body, the
name of that body; and
(b) in the case of a person other than an
individual, its full name and current
15 address and (where applicable) its
Australian Business Number or
Australian Company Number; and
(c) reasons for nominating the individual
under paragraph (a) or the person under
20 paragraph (b);
(d) in any case, any other prescribed
information.
(3) A statement containing all the information
required by subsection (2) may be accepted
25 by an authorised person as an effective
statement for the purposes of this Part.
(4) In addition, an authorised person may decide
to accept a known user statement or a sold
vehicle statement as an effective statement
30 for the purposes of this Part even if it does
not contain all the information required by
subsection (2) if the authorised person is
satisfied that it contains sufficient
information to identify and locate the
35 nominated person.
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 43
(5) An authorised person may decide to accept
an illegal user statement as an effective
statement for the purposes of this Part if
satisfied as to the matters, and any reasons
5 set out in support of those matters, stated in
the statement.
(6) In any proceedings for the recovery of a toll
or toll administration fee, an effective
statement that is a known user statement or a
10 sold vehicle statement is evidence that the
person named in the statement was driving
the vehicle at all the relevant times relating
to the matter specified in the statement, if the
proceedings are--
15 (a) against the person named in the
statement; and
(b) in respect of the matter named in the
statement.
199A Cancellation of acceptance of statement
20 (1) An authorised person may cancel the
acceptance of a known user statement or sold
vehicle statement as an effective statement
for the purposes of this Part if--
(a) the person nominated in the statement
25 as being the responsible person gives to
an authorised person within the
prescribed period a nomination
rejection statement; and
(b) the authorised person is satisfied,
30 having regard to the matters stated in
the nomination rejection statement, that
the nomination was incorrect.
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Part 4--Amendment of EastLink Project Act 2004
s. 44
(2) If the acceptance of a statement as an
effective statement is cancelled under
subsection (1), on that cancellation--
(a) the statement ceases to be effective for
5 the purposes of this Part and cannot be
used by an authorised person to make a
tolling nomination statement; and
(b) the operator who would, but for the
statement, have continued to be the
10 responsible person in relation to the
vehicle becomes again the responsible
person.
199B Offence to provide false or misleading
information
15 A person must not in a statement given to the
authorised person under section 199(1) or
199A(1) provide information that the person
knows to be false or misleading.
Penalty: 60 penalty units.".
20 44 Charge of toll
(1) For section 200(1) of the EastLink Project Act
2004 substitute--
"(1) The Freeway Corporation may make a
request for payment of a toll for the use of a
25 vehicle in a toll zone and any relevant toll
administration fee from--
(a) the operator of the vehicle; and
(b) the person nominated in a known user
statement or a sold vehicle statement
30 that has been accepted by an authorised
person as an effective statement.".
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 45
(2) In section 200(2) of the EastLink Project Act
2004--
(a) for "demand" substitute "request for
payment";
5 (b) in paragraph (b) for "payable; and"
substitute "payable.";
(c) paragraph (c) is repealed.
(3) Sections 200(3) and 200(4) of the EastLink
Project Act 2004 are repealed.
10 (4) In section 200(5) of the EastLink Project Act
2004 for "demand" substitute "request for
payment".
(5) In section 200(6) of the EastLink Project Act
2004 for "72 hours" substitute "3 days, beginning
15 on the day after the day on which the vehicle was
used in a toll zone".
45 Payment of toll
In section 201 of the EastLink Project Act
2004--
20 (a) for "demand" (wherever occurring)
substitute "request for payment";
(b) for "demands" (where twice occurring)
substitute "requests for payment".
46 Division 3 heading amended
25 In the heading to Division 3 of Part 9 of the
EastLink Project Act 2004 after "offences"
insert "and registration of vehicles".
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 47
47 Sections 204 and 205 substituted
For sections 204 and 205 of the EastLink Project
Act 2004 substitute--
"204 Offence to drive unregistered vehicle in
5 toll zone
(1) A person must not drive a vehicle in a toll
zone unless the vehicle is registered under
this Part in respect of that toll zone by the
Freeway Corporation.
10 Penalty: 10 penalty units.
(2) If during the course of a trip a person
commits an offence against subsection (1),
the person is guilty of only one offence
against that subsection, regardless of how
15 many toll zones the person drives in during
the course of that trip.
(3) If a person drives a vehicle in a toll zone and
the trip commences before midnight on a
particular day and ends on the succeeding
20 day--
(a) a person is guilty of only one offence
under subsection (1) in relation to that
trip; and
(b) the offence is to be taken to have
25 occurred on the day on which the trip
commenced.
(4) In a proceeding for an offence against
subsection (1), it is a defence to the charge
for the driver to prove that he or she believed
30 on reasonable grounds, at the time the
offence is alleged to have been committed,
that the vehicle--
(a) was registered under this Part in respect
of the relevant toll zone by the Freeway
35 Corporation; or
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 47
(b) was covered by a tollway billing
arrangement.
(5) In a proceeding for an offence against
subsection (1), it is a defence to the charge
5 for the driver to prove--
(a) that he or she received, or was issued,
an invoice in respect of the trip that is
the subject of the charge; and
(b) that the invoice was paid in full (even
10 though it may also have related to trips
other than the trip that is the subject of
the charge) in any manner, and within
the time, permitted by the invoice.
(6) In subsection (5), invoice means a request
15 for the payment of a toll in respect of a trip
and any relevant toll administration fees.
(7) Despite anything to the contrary in this or
any other Act (other than the Charter of
Human Rights and Responsibilities)--
20 (a) only one criminal proceeding may be
commenced in respect of an offence
constituted by the driving of any one
vehicle in a toll zone on any one day;
and
25 (b) only one infringement notice may be
issued in respect of an offence
constituted by the driving of any one
vehicle in a toll zone on any one day--
regardless of how many toll zones the
30 vehicle is driven in during the course of that
day and how many trips the vehicle makes
during the course of that day and how many
different people drive the vehicle during the
course of that day.
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 47
(8) For the purposes of subsection (7), a criminal
proceeding commenced against, or an
infringement notice served on, a person in
respect of an offence against subsection (1)
5 is to be disregarded if the charge or
infringement notice is withdrawn.
(9) Subsection (1) does not apply in respect of a
vehicle if it is exempted, in accordance with
the regulations, from the requirement to be
10 registered under this Part.
(10) Subsection (1) does not apply in respect of a
vehicle that under the regulations is exempt
from the payment of tolls.
(11) Subsection (1) does not apply in respect of a
15 vehicle covered by a tollway billing
arrangement.
(12) On a person being found guilty of an offence
under subsection (1), any debt that arose
under section 197 as a result of the person
20 driving in the toll zone on the day of the
offence in the vehicle that was the subject of
the offence is extinguished.
205 Registration of vehicles
(1) The Freeway Corporation must establish and
25 maintain a register of vehicles.
(2) The Freeway Corporation may register a
vehicle--
(a) for a specified period; or
(b) until the happening of a specified event;
30 or
(c) for an unlimited period; or
(d) in respect of all toll zones or a specified
toll zone or toll zones.
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Part 4--Amendment of EastLink Project Act 2004
s. 47
(3) A person may seek the registration, under
this Part, of a vehicle or more than one
vehicle by application made to the Freeway
Corporation in writing or orally or partly in
5 writing and partly orally.
(4) The Freeway Corporation may, in
accordance with this Part, cancel or suspend
the registration of a vehicle.
205A On-going registration
10 (1) Without limiting its discretion otherwise to
do so, the Freeway Corporation may refuse
to register a vehicle unless the vehicle is the
subject of an agreement that is wholly or
partly in writing between the Freeway
15 Corporation and the person seeking
registration.
(2) Without limiting the matters about which an
agreement referred to in subsection (1) may
provide, it may--
20 (a) be expressed as having force for a
specified period or until the happening
of a specified event or for an unlimited
period; and
(b) contain specified terms including
25 conditions of use and procedures to be
followed to settle disputes that arise
under the agreement; and
(c) specify the circumstances in which, and
procedure by which, the agreement, or
30 the registration under this Part of a
vehicle that is subject of the agreement,
may be cancelled or suspended.
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 47
(3) The agreement by the Freeway Corporation
to register a vehicle under this Part is
sufficient consideration on the part of the
Freeway Corporation for an agreement
5 referred to in subsection (1).
205B Temporary registration
(1) The Freeway Corporation may register a
vehicle for a specified period of up to
14 days without an agreement of a kind
10 referred to in section 205A(1) being in force
in respect of the vehicle.
(2) Registration in accordance with this section
may be granted subject to conditions of use
notified to the person seeking the registration
15 either orally or in writing or partly orally and
in writing.
(3) If registration is sought on a particular day
for a period of 24 hours, the commencement
of the registration may be back-dated to a
20 time not earlier than the beginning of the day
that is 3 days before the day on which
registration is sought.
(4) If registration is sought for a specified period
(other than a period of 24 hours) and is
25 sought--
(a) before the end of that specified period
or within the period of 2 days
immediately following the end of that
specified period; or
30 (b) not later than 6 days after the beginning
of that specified period--
(whichever is the earlier), the
commencement of registration may be back-
dated to a time not earlier than the beginning
35 of that specified period.
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 47
(5) The agreement by the Freeway Corporation
to register a vehicle under this Part is
sufficient consideration on the part of the
Freeway Corporation for an arrangement
5 entered into in accordance with this section.
205C Information to be given in relation to
registration
(1) If the Freeway Corporation agrees to register
a vehicle under this Part, it must give the
10 following information to the person who
sought the registration--
(a) confirmation that the vehicle has been,
or will be at a specified time, registered
or of the circumstances in which the
15 vehicle becomes registered;
(b) the whole or that part of the licence
plate number of the vehicle that is
stated to the Freeway Corporation by
that person;
20 (c) an identifying number, or combination
of letters and numbers, for the
registration;
(d) except in the case of a registration in
accordance with section 205B, the
25 conditions of use, if any;
(e) except in the case of a registration in
accordance with section 205B,
information about how the registration
may be cancelled or suspended;
30 (f) in the case of registration in accordance
with section 205B--
(i) the period to which registration
applies; or
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 47
(ii) if the period to which the
registration applies cannot be
determined at the time the
information is given, information
5 which enables the person to
determine the period to which the
registration applies;
(g) the toll zone or zones in respect of
which the vehicle has been or will be
10 registered.
(2) The information referred to in subsection (1)
is required to be given--
(a) orally or in writing, in the case of
information referred to in paragraph (a),
15 (b), (c), (f) or (g) of that subsection; and
(b) in writing, in the case of any other
information.
(3) The Freeway Corporation must give any
information referred to in subsection (1) that
20 it has not given to the person seeking
registration before registering a vehicle to
that person--
(a) as soon as is practicable after
registering the vehicle; and
25 (b) in the case of information required to
be given in writing, by sending notice
containing that information to that
person by post to an address nominated
by that person within 5 business days
30 after the date the registration is
effected.
Penalty: 100 penalty units.
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 47
205D Cancellation or suspension of registration
(1) If the Freeway Corporation cancels or
suspends the registration under this Part of a
vehicle, it must do so--
5 (a) by any method stated for that purpose
in an agreement relating to the vehicle;
or
(b) by giving notice of the cancellation or
suspension in one of the following
10 ways--
(i) by personal service of written
notice on the person who sought
the registration;
(ii) by personal service of written
15 notice at the last address given to
the Freeway Corporation by the
person who sought the registration
on a person who appears to be at
least 16 years of age;
20 (iii) by written notice posted to the last
address given to the Freeway
Corporation by the person who
sought the registration;
(iv) by written notice posted to the
25 address of the owner of the
vehicle to which the registration
applies;
(v) if the person who sought the
registration is a corporation--
30 (A) by personal service of
written notice at the
registered office of the
corporation on a person who
appears to be at least
35 16 years of age; or
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 48
(B) by written notice posted to
the registered office of the
corporation.
(2) A person is deemed to have been given a
5 notice of cancellation or suspension--
(a) under subsection (1)(b)(ii) on the next
business day after the notice was
served; or
(b) under subsection (1)(b)(iii), (iv) or
10 (v)(B) on the third business day after
the envelope containing the notice was
posted; or
(c) under subsection (1)(b)(v)(A) on the
day the notice was served.".
15 48 New section 206A inserted
After section 206 of the EastLink Project Act
2004 insert--
"206A Offence to fraudulently induce
registration
20 (1) A person must not by fraudulent or collusive
means, or by false representation, induce the
Freeway Corporation to register a vehicle
under this Part.
Penalty: 10 penalty units.
25 (2) A person who seeks the right to drive a
vehicle on a tollway must not make a false
representation to the Freeway Corporation in
seeking to do so.
Penalty: 10 penalty units.".
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 49
49 New section 206B inserted
After the heading to Division 4 of Part 9 of the
Eastlink Project Act 2004 insert--
"206B Court to require payment of toll and costs
5 (1) If a charge against a person for an offence
against section 204 is found proven, whether
or not a conviction is recorded or a penalty
imposed for that offence, the court must
make an order requiring the person to pay to
10 the Freeway Corporation the prescribed
administrative costs, if any.
(2) An amount required to be paid under an
order made under subsection (1) must be
taken to be a judgment debt due by the
15 person to the Freeway Corporation and
payment of any amount remaining unpaid
under the order may be enforced in the court
by which it was made.".
50 Freeway Corporation may notify enforcement
20 agency of non-payment of toll
(1) In section 207(2) of the EastLink Project Act
2004--
(a) in paragraph (a), for "owner" substitute
"operator";
25 (b) for paragraph (b) substitute--
"(b) to serve an infringement notice in
accordance with this Division on the
person nominated by an authorised
person in a tolling nomination
30 statement; or".
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 51
(2) After section 207(4) of the EastLink Project Act
2004 insert--
"(4A) If the Freeway Corporation or an authorised
person believes, on reasonable grounds, that
5 a vehicle that is not registered under this Part
has, in respect of a particular toll zone, been
driven in that toll zone in contravention of
this Part, the Freeway Corporation may
notify the enforcement agency to send a
10 notice of the requirement to be registered
under this Part in respect of that toll zone to
the operator of the vehicle concerned."
(3) Section 207(6) of the EastLink Project Act 2004
is repealed.
15 51 New section 207A inserted
After section 207 of the EastLink Project Act
2004 insert--
"207A Disputes in relation to payment of tolls
(1) If the Freeway Corporation or an authorised
20 person has made a request under section
207(4A), the enforcement agency may send,
by post, a notice of the requirement to be
registered under this Part in respect of the
toll zone to the operator of the vehicle
25 concerned.
(2) If a dispute resolution process set out in an
agreement referred to in section 205A(1) or
established by Freeway Corporation relating
to the registration, or non-registration, at a
30 particular time of a vehicle under this Part is
in progress, proceedings (other than civil
proceedings) cannot be commenced under
this Part relating to the non-registration of
the vehicle at that time.".
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 52
52 Power to serve a notice
After section 210(1A) of the EastLink Project
Act 2004 insert--
"(1B) In addition to and without limiting section 12
5 of the Infringements Act 2006, an
infringement notice referred to in subsection
(1) may be served by sending the notice by
post addressed to--
(a) the responsible person (within the
10 meaning of Part 6AA of the Road
Safety Act 1986) in relation to the
vehicle involved in the offence; or
(b) the person nominated in a tolling
nomination statement that has been
15 made by an authorised officer and
accepted by an enforcement official as
an effective statement under Part 6AA
of the Road Safety Act 1986.".
53 Infringement penalty
20 (1) In section 212(1) of the EastLink Project Act
2004, for "$100" substitute "1 penalty unit".
(2) In section 212(2) of the EastLink Project Act
2004, for "$200" substitute "2 penalty units".
54 Additional effect of expiation
25 In section 215 of the EastLink Project Act 2004
for "the debt to the Freeway Corporation for the
toll and toll administration fee to which the
offence relates" substitute "any debt that arose
under section 204 as a result of the person driving
30 in the toll zone on the day of the offence in the
vehicle that was the subject of the offence".
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 55
55 Section 219 substituted
For section 219 of the EastLink Project Act
2004 substitute--
"219 Operator onus offence
5 An offence against section 204(1) is an
operator onus offence for the purposes of
Part 6AA of the Road Safety Act 1986.".
56 New section 219A inserted
After section 219 of the EastLink Project Act
10 2004 insert--
"219A Extension of time if no actual notice for
offence to drive unregistered vehicle in toll
zone
(1) If an infringement notice for an offence
15 against section 204(1) is not served by
delivering it personally to the person to
whom it was issued, and that person is not in
fact aware that it had been issued, the person
may apply to an infringements registrar
20 (within the meaning of the Infringements
Act 2006) or a registrar (within the meaning
of Schedule 3 to the Children, Youth and
Families Act 2005) of the Children's Court,
as the case may be, to have an extension of
25 time of 28 days to deal with the notice in
accordance with this Act.
(2) An application under subsection (1) must--
(a) be made within 14 days of the applicant
becoming aware of the notice; and
30 (b) be filed with the registrar; and
(c) be accompanied by a sworn statement
in writing or by a statutory declaration
setting out the grounds on which the
extension is sought.
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 56
(3) If an application is made under subsection
(1) to an infringements registrar within the
meaning of the Infringements Act 2006, the
registrar must--
5 (a) refer the application to the Magistrates'
Court constituted by a magistrate; and
(b) cause a notice of the time and place of
the hearing of the application to be
given or sent to--
10 (i) the person who served the
infringement notice on the
applicant or caused it to be served;
and
(ii) the applicant.
15 (4) The Magistrates' Court or a registrar (within
the meaning of Schedule 3 to the Children,
Youth and Families Act 2005) of the
Children's Court, as the case may be, may
only grant an extension of time if satisfied
20 that the person was not in fact aware, more
than 14 days before making an application
under subsection (1), that the infringement
notice had been issued.
(5) On the granting of the extension of time--
25 (a) the infringement notice continues to
have effect, unless withdrawn under
section 18 of the Infringements Act
2006, despite the doing of any thing or
the taking of any step in relation to it
30 under the Infringements Act 2006 or
Schedule 3 to the Children, Youth and
Families Act 2005 before the extension
of time was granted, but if an
enforcement order had been made in
35 relation to it before the extension of
time was granted and the person does
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 56
not take a relevant action in relation to
the notice within the extended period,
the notice ceases to have effect at the
end of that period; and
5 (b) the period specified in the infringement
notice as the period for payment of the
infringement penalty does not apply
and the extended period becomes the
period for which payment of the
10 infringement penalty must be made;
and
(c) any fine or part of a fine within the
meaning of the Infringements Act
2006 or infringement penalty or part of
15 an infringement penalty and prescribed
costs within the meaning of Schedule 3
to the Children, Youth and Families
Act 2005 that has been paid in relation
to the infringement notice must be
20 refunded (and the Consolidated Fund is,
to the necessary extent, appropriated
accordingly), if the person takes a
relevant action in relation to the notice
within the extended period; and
25 (d) any of the procedures set out in the
Infringements Act 2006 or Schedule 3
to the Children, Youth and Families
Act 2005 that are being used for the
enforcement of the infringement
30 penalty within the meaning of that Act
or that Schedule, as the case requires,
must be discontinued and any
enforcement order made, or warrant
issued, under that Act or that Schedule,
35 as the case requires, ceases to have
effect if the person takes a relevant
action in relation to the notice within
the extended period.
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 56
(6) For the purposes of subsection (5) a person
who is granted an extension of time as
referred to in subsection (1) only takes a
relevant action in relation to an infringement
5 notice if the person--
(a) pays the whole of the penalty shown on
the infringement notice; or
(b) gives a statement under section 84BE
of the Road Safety Act 1986 to an
10 enforcement official within the
meaning of Part 6AA of that Act; or
(c) elects to have the matter heard and
determined in the Magistrates' Court
under Part 2 of the Infringements Act
15 2006; or
(d) is offered a payment plan in accordance
with the Infringements Act 2006 and
the enforcement agency under that Act
or the Secretary (as the case may be)
20 received the first payment under that
plan from the person; or
(e) in the case of a person who applies
under section 22 of the Infringements
Act 2006 for an internal review, is
25 notified of a decision in accordance
with section 25(1)(b), (c) or (d) of that
Act or section 25(2) of that Act.
(7) If the Magistrates' Court or a registrar
(within the meaning of Schedule 3 to the
30 Children, Youth and Families Act 2005) of
the Children's Court, as the case may be,
grants an extension of time as referred to in
subsection (1), an infringement notice may
be withdrawn under section 18 of the
35 Infringements Act 2006 even though the
infringement penalty has been lodged with
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 56
an infringements registrar under Part 4 of the
Infringements Act 2006 or registered under
Schedule 3 to the Children, Youth and
Families Act 2005, as the case requires.
5 (8) Despite anything to the contrary in this
section or the Infringements Act 2006, the
28 day extension period under this section is
suspended and no step may be taken in the
enforcement of an infringement notice to
10 which this section applies if a person has--
(a) applied for an internal review under
section 22 of that Act which has not
been determined, until the application is
determined and the applicant notified of
15 the outcome; or
(b) applied for a payment plan under
section 46 of that Act, until--
(i) the person is notified that his or
her application for a payment plan
20 has been refused; or
(ii) in the case of a payment plan that
has been offered, the payment
plan is cancelled under section
48(2) of that Act; or
25 (iii) in the case of a payment plan that
has commenced--
(A) the payment plan is
cancelled under section
49(2)(b) of that Act; or
30 (B) the infringement penalty in
respect of that infringement
notice is removed from the
payment plan under section
49(2)(a) of that Act; or
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 57
(C) the person receives written
notice under section 52(2) of
that Act advising the person
that he or she is in default.".
5 57 Proof that vehicle driven on EastLink
(1) In the heading to section 220 of the EastLink
Project Act 2004 after "EastLink" insert "in a
toll zone".
(2) In section 220 of the EastLink Project Act 2004
10 after "EastLink" insert "in a toll zone".
58 Evidence of certificate or document from VicRoads
(1) In section 221(2) of the EastLink Project Act
2004 for "owner" substitute "operator".
(2) In section 221(4) of the EastLink Project Act
15 2004--
(a) for "Act of the Commonwealth or of another
State or Territory of the Commonwealth
corresponding to the Road Safety Act 1986"
substitute "corresponding law";
20 (b) in paragraphs (a) and (b), for "Act"
(wherever occurring) substitute "law".
59 New section 221A inserted
After section 221 of the EastLink Project Act
2004 insert--
25 "221A General evidentiary provision
A certificate in the prescribed form
purporting to be issued by the enforcement
agency certifying as to any matter related to
a toll which appears in or can be calculated
30 from the records kept by the enforcement
agency is admissible in evidence in any
proceedings and, in the absence of evidence
to the contrary, is proof of that matter.".
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Road Legislation Further Amendment Bill 2007
Part 4--Amendment of EastLink Project Act 2004
s. 60
60 Evidence of certificate issued by Freeway
Corporation
In section 222 of the EastLink Project Act 2004,
before paragraph (a) insert--
5 "(aa) that a specified vehicle was, or was not,
registered under this Part in respect of a
specified toll zone at a specified time; or
(ab) that the Freeway Corporation was, or was
not, a party to an agreement relating to the
10 use of a specified vehicle in a toll zone at a
specified time; or".
61 Regulations
After section 258(1)(f) of the EastLink Project
Act 2004 insert--
15 "(fa) the exemption by the Freeway Corporation
of vehicles from the requirement to be
registered under Part 9;".
__________________
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CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 5--Amendment of Melbourne City Link Act 1995
s. 62
PART 5--AMENDMENT OF MELBOURNE CITY LINK
ACT 1995
62 Definitions
See: In section 69 of the Melbourne City Link Act
Act No.
5 107/1995. 1995--
Reprint No. 6
as at (a) insert the following definitions--
10 February
2006 "authorised person means a person
and
amending authorised in writing by the relevant
Act Nos corporation under section 69B;
61/2005,
10 32/2006,
48/2006,
corresponding body has the same meaning
63/2006, as in section 84BB of the Road Safety
74/2006, Act 1986;
81/2006,
85/2006,
14/2007 and
corresponding law has the same meaning as
30/2007. in section 84BB of the Road Safety
LawToday:
15 www.
Act 1986;
legislation.
vic.gov.au effective, in relation to an illegal user
statement, a known user statement or a
sold vehicle statement, means a
statement that is, or is accepted by an
20 authorised person under section 72 as,
and has not ceased to be, an effective
statement for the purposes of this Part;
illegal user statement, in relation to the use
of a vehicle, means a statement in
25 writing made by a responsible person to
the effect that the person believes that
at the relevant time the vehicle was a
stolen vehicle or that the number plates
displayed on the vehicle were stolen;
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Road Legislation Further Amendment Bill 2007
Part 5--Amendment of Melbourne City Link Act 1995
s. 62
known user statement, in relation to the use
of a vehicle, means a statement in
writing made by a responsible person--
(a) to the effect that the person was
5 not driving at the relevant time, or
had not at that time possession or
control of, the vehicle; and
(b) containing sufficient information
to identify and locate the person
10 who the responsible person last
knew to have, before the relevant
time, possession or control of the
vehicle;
nomination rejection statement means a
15 statement in writing made by a person
nominated in a known user statement or
a sold vehicle statement as being the
responsible person in relation to a
vehicle to the effect that--
20 (a) if nominated in a known user
statement, the person had not had
possession or control of the
vehicle at the relevant time, as
stated in the known user
25 statement; and
(b) if nominated in a sold vehicle
statement, the vehicle had not
been sold or disposed of to the
person, and that no interest in it
30 had otherwise vested in the
person, as stated in the sold
vehicle statement;
operator, in relation to a vehicle at the time
the vehicle is driven in a toll zone,
35 means each of the following--
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Road Legislation Further Amendment Bill 2007
Part 5--Amendment of Melbourne City Link Act 1995
s. 62
(a) the registered operator of the
vehicle at that time or the person
recorded at that time on a register
of vehicles maintained under a
5 corresponding law as the person
responsible for the vehicle;
(b) if the Roads Corporation under the
regulations under the Road Safety
Act 1986, or a corresponding
10 body under a corresponding law,
has received notice of transfer of
registration of the vehicle, the
person whose name is disclosed in
the records kept by the Roads
15 Corporation or the corresponding
body (as the case requires) as
being responsible for the vehicle
at that time;
(c) if the vehicle is not registered
20 under the Road Safety Act 1986
or a corresponding law, the person
whose name is disclosed in the
records kept by the Roads
Corporation or the corresponding
25 body as being responsible for the
vehicle at that time;
(d) if the vehicle displays a number
plate--
(i) the person who, at the time at
30 which the registration
number borne by that
number plate was last
assigned by the Roads
Corporation or a
35 corresponding body, was the
registered operator of, or (if
assigned by a corresponding
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 5--Amendment of Melbourne City Link Act 1995
s. 62
body) the person recorded on
a register of vehicles
maintained under the
corresponding law as the
5 person responsible for, the
vehicle to which that
registration number was
assigned, whether or not that
vehicle is the same as the
10 vehicle involved in the
offence; or
(ii) the person whose name is
disclosed in the records kept
by the Roads Corporation or
15 a corresponding body as
being entitled, or last
entitled, at that time to use or
possess that number plate;
(e) if the vehicle displays a general
20 identification mark by means of a
special identification plate issued
by the Roads Corporation under
the regulations under the Road
Safety Act 1986 or by a
25 corresponding body under a
corresponding law, the person to
whom the mark is assigned at that
time;
registered operator has the same meaning as
30 in section 3(1) of the Road Safety Act
1986;
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Road Legislation Further Amendment Bill 2007
Part 5--Amendment of Melbourne City Link Act 1995
s. 62
responsible person means--
(a) the operator; or
(b) the person nominated in an
effective known user statement or
5 an effective sold vehicle
statement;
sold vehicle statement, in relation to the use
of a vehicle, means a statement in
writing made by a responsible person--
10 (a) to the effect that--
(i) the person had sold or
otherwise disposed of the
vehicle before the relevant
time or that any interest in
15 the vehicle had otherwise
ceased to be vested in the
person before that time; and
(ii) the person was not at that
time driving, or had not at
20 that time possession or
control of, the vehicle; and
(b) containing sufficient information
to identify and locate the person to
whom the vehicle was sold or
25 disposed of, or in whom an
interest in the vehicle was
otherwise vested, and the date
and, if relevant, the time of sale,
disposal or vesting;
30 tolling nomination statement means a
tolling nomination statement made by
an authorised person under Part 6AA of
the Road Safety Act 1986;";
(b) the definition of owner is repealed.
561106B.I-22/11/2007 200 BILL LA INTRODUCTION AS
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 5--Amendment of Melbourne City Link Act 1995
s. 63
63 New section 69B inserted
After section 69A of the Melbourne City Link
Act 1995 insert--
"69B Authorisation of authorised persons
5 The relevant corporation may, in writing,
authorise a person to carry out functions
under this Part.".
64 Liability to pay toll and toll administration fees
(1) In section 72(2) of the Melbourne City Link Act
10 1995 for "owner" substitute "operator".
(2) For sections 72(3) and 72(4) of the Melbourne
City Link Act 1995 substitute--
"(3) The operator of a vehicle is not liable under
subsection (2) to pay a toll and the relevant
15 toll administration fee for the use of the
vehicle in a toll zone if, within 28 days after
being notified of the non-payment of the toll
and toll administration fee, the operator gives
to an authorised person--
20 (a) an illegal user statement; or
(b) a known user statement; or
(c) a sold vehicle statement--
and the authorised person accepts the
statement as an effective statement for the
25 purposes of this Part.
(3A) Information contained in a known user
statement or a sold vehicle statement
identifying a person is sufficient for the
purposes of this Part if it contains--
30 (a) in the case of an individual, the
individual's full name and current home
address and either the individual's date
of birth or the number of the licence or
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Road Legislation Further Amendment Bill 2007
Part 5--Amendment of Melbourne City Link Act 1995
s. 64
permit authorising the individual to
drive and, if that licence or permit is
issued by a corresponding body, the
name of that body; and
5 (b) in the case of a person other than an
individual, its full name and current
address and (where applicable) its
Australian Business Number or
Australian Company Number; and
10 (c) reasons for nominating the individual
under paragraph (a) or the person under
paragraph (b); and
(d) in any case, any other prescribed
information.
15 (3B) A statement containing all the information
required by subsection (3A) may be accepted
by an authorised person as an effective
statement for the purposes of this Part.
(3C) In addition, an authorised person may decide
20 to accept a known user statement or a sold
vehicle statement as an effective statement
for the purposes of this Part even if it does
not contain all the information required by
subsection (3A) if the authorised person is
25 satisfied that it contains sufficient
information to identify and locate the
nominated person.
(3D) An authorised person may decide to accept
an illegal user statement as an effective
30 statement for the purposes of this Part if
satisfied as to the matters, and any reasons
set out in support of those matters, stated in
the statement.
(4) In any proceedings for the recovery of a toll
35 or relevant toll administration fee, an
effective statement that is a known user
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Road Legislation Further Amendment Bill 2007
Part 5--Amendment of Melbourne City Link Act 1995
s. 65
statement or a sold vehicle statement is
evidence that the person named in the
statement was driving the vehicle at all the
relevant times relating to the matter named in
5 the statement, if the proceedings are--
(a) against the person named in the
statement; and
(b) in respect of the matter named in the
statement.".
10 65 New sections 72AA and 72AB inserted
After section 72 of the Melbourne City Link Act
1995 insert--
"72AA Cancellation of acceptance of statement
(1) An authorised person may cancel the
15 acceptance of a known user statement or sold
vehicle statement as an effective statement
for the purposes of this Part if--
(a) the person nominated in the statement
as being the responsible person gives to
20 an authorised person within the
prescribed period a nomination
rejection statement; and
(b) the authorised person is satisfied,
having regard to the matters stated in
25 the nomination rejection statement, that
the nomination was incorrect.
(2) If the acceptance of a statement as an
effective statement is cancelled under
subsection (1), on that cancellation--
30 (a) the statement ceases to be an effective
statement for the purposes of this Part
and cannot be used by an authorised
person to make a tolling nomination
statement; and
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Road Legislation Further Amendment Bill 2007
Part 5--Amendment of Melbourne City Link Act 1995
s. 66
(b) the operator who would, but for the
statement, have continued to be the
responsible person in relation to the
vehicle becomes again the responsible
5 person.
72AB Offence to provide false or misleading
information
A person must not in a statement given to the
authorised person under section 72(3) or
10 72AA(1) provide information that the person
knows to be false or misleading.
Penalty: 60 penalty units.".
66 Charge of toll
(1) In section 72B(1) of the Melbourne City Link
15 Act 1995--
(a) for "demand" substitute "make a request
for";
(b) in paragraph (a), for "owner" substitute
"operator";
20 (c) for paragraph (b) substitute--
"(b) the person nominated in a known user
statement or a sold vehicle statement
that has been accepted by an authorised
person as an effective statement.".
25 (2) In section 72B(2) of the Melbourne City Link
Act 1995 for "demand" substitute "request for
payment".
67 Offence to drive unregistered vehicle in toll zone
For the penalty at the foot of section 73(1) of the
30 Melbourne City Link Act 1995 substitute--
"Penalty: 10 penalty units.".
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Road Legislation Further Amendment Bill 2007
Part 5--Amendment of Melbourne City Link Act 1995
s. 68
68 Relevant corporation or authorised person may
notify enforcement agency of non-payment of toll
(1) In section 77(1) of the Melbourne City Link Act
1995 for ", or a person authorised by the relevant
5 corporation for the purposes of this section,"
substitute "or an authorised person".
(2) For section 77(1)(b)(ii) of the Melbourne City
Link Act 1995 substitute--
"(ii) to serve an infringement notice under
10 section 80 on--
(A) the operator of the vehicle involved in
the offence; or
(B) the person nominated by an authorised
person in a tolling nomination
15 statement; or".
(3) In section 77(1A) of the Melbourne City Link
Act 1995--
(a) for "a person authorised by the relevant
corporation for the purposes of this section"
20 substitute "an authorised person".
(b) for "owner" substitute "operator".
69 Disputes in relation to payment of tolls
(1) In section 78(1) of the Melbourne City Link Act
1995, for "a person authorised by a relevant
25 corporation for the purposes of section 77"
substitute "an authorised person".
(2) In section 78(1A) of the Melbourne City Link
Act 1995--
(a) for "a person authorised by a relevant
30 corporation for the purposes of section 77"
substitute "an authorised person";
(b) for "owner" substitute "operator".
561106B.I-22/11/2007 205 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 5--Amendment of Melbourne City Link Act 1995
s. 70
70 Power to serve a notice
For section 80(2A)(b) of the Melbourne City
Link Act 1995 substitute--
"(b) the person nominated in a tolling nomination
5 statement that has been made by an
authorised person and accepted by an
enforcement official as an effective
statement under Part 6AA of the Road
Safety Act 1986.".
10 71 Prescribed penalty
(1) In section 82(1) of the Melbourne City Link Act
1995--
(a) after "The" insert "prescribed";
(b) for "$100" substitute "1 penalty unit".
15 (2) In section 82(2) of the Melbourne City Link Act
1995 for "$2000" substitute "20 penalty units".
72 General evidentiary provisions
(1) In section 89(2) of the Melbourne City Link Act
1995 for "owner" substitute "operator".
20 (2) In section 89(3) of the Melbourne City Link Act
1995--
(a) for "an Act of the Commonwealth or another
State or a Territory corresponding to the
Road Safety Act 1986" substitute
25 "a corresponding law";
(b) for "that Act" substitute "that corresponding
law";
(c) for "owner" substitute "operator".
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Road Legislation Further Amendment Bill 2007
Part 5--Amendment of Melbourne City Link Act 1995
s. 73
(3) In section 89(3B) of the Melbourne City Link
Act 1995--
(a) for "Act of the Commonwealth or of another
State or Territory of the Commonwealth
5 corresponding to the Road Safety Act 1986"
substitute "corresponding law";
(b) in paragraphs (a) and (b), for "Act"
(wherever occurring) substitute "law".
73 Transitional provisions
10 After section 124 of the Melbourne City Link
Act 1995 insert--
"125 Transitional provisions--Road Legislation
Further Amendment Act 2007
(1) The amendments to a section of this Act
15 made by Part 5 of the Road Legislation
Further Amendment Act 2007 only apply
to offences alleged to have been committed
on or after the commencement of that Part.
(2) For the purposes of subsection (1), if an
20 offence is alleged to have been committed
between 2 dates, one before and one after the
commencement of a provision in Part 5 of
the Road Legislation Further Amendment
Act 2007, the offence is alleged to have been
25 committed before the commencement of that
provision.
(3) Part 4 of this Act, as in force immediately
before the commencement of Part 5 of the
Road Legislation Further Amendment Act
30 2007, continues to apply to offences
committed before that commencement.".
__________________
561106B.I-22/11/2007 207 BILL LA INTRODUCTION AS
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 6--Amendment of Road Management Act 2004
s. 74
PART 6--AMENDMENT OF ROAD MANAGEMENT
ACT 2004
74 Definitions
See: In section 3(1) of the Road Management Act
Act No.
5 12/2004. 2004, after "traffic light," in the example at the
Reprint No. 2 foot of the definition of road-related
as at
11 October infrastructure, insert "street light,".
2006
and
amending
Act Nos
61/2005,
74/2006 and
85/2006.
LawToday:
www.
legislation.
vic.gov.au
75 Powers of a road authority
In section 35(3) of the Road Management Act
10 2004, for "7" substitute "7A".
76 General functions
In section 34(1) of the Road Management Act
2004--
(a) after paragraph (c), insert--
15 "(ca) to design, construct, inspect, repair and
maintain roads and road
infrastructure;";
(b) in paragraph (e), for "and (c)" substitute
", (c) and (ca)".
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Road Legislation Further Amendment Bill 2007
Part 6--Amendment of Road Management Act 2004
s. 77
77 Street lighting arrangements
After section 46 of the Road Management Act
2004, insert--
"46A Specific duties and powers in relation to
5 street lighting
Schedule 7A has effect.
Note
However, see section 35, which provides that
Schedules 1 to 7A do not affect the functions and
10 powers conferred upon a road authority by this Act or
any other Act. Also see section 15, which provides
that a road authority may enter into an arrangement to
transfer a road management function, and section 121,
which provides that a road authority may enter into an
15 agreement to conduct additional works.".
78 Defence to prove that reasonable care was taken
(1) In section 105(1) of the Road Management Act
2004, for "a failure to maintain" substitute
"the performance or non-performance of a road
20 management function in respect of".
(2) In section 105(2) of the Road Management Act
2004, for "a failure to maintain" substitute "the
performance or non-performance of a road
management function in respect of".
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Road Legislation Further Amendment Bill 2007
Part 6--Amendment of Road Management Act 2004
s. 79
79 New Schedule 7A inserted
After Schedule 7 to the Road Management Act
2004, insert--
"SCHEDULE 7A
5 STREET LIGHTING
1 Definitions
In this Schedule--
operating costs, in respect of street lighting,
means all costs related to the operation
10 and maintenance of the street lighting,
including, but not limited to--
(a) the costs of electricity supply; and
(b) maintenance and repair costs; and
(c) replacement costs for obsolete
15 lighting;
but not including installation costs;
relevant municipal council, in relation to a
road, means the municipal council for
the municipal district in which the road
20 is located;
2 Power to install street lighting
A responsible road authority may, at its
discretion, cause to be installed street
lighting on roads or parts of roads for which
25 it is the coordinating road authority or the
responsible road authority to the extent and
in a manner which it considers appropriate
having regard to its road management
functions.
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Road Legislation Further Amendment Bill 2007
Part 6--Amendment of Road Management Act 2004
s. 79
3 Responsibility for installation and
operating costs of street lighting
(1) The installation costs and the operating costs
of street lighting are to be paid--
5 (a) in the case of the Link Road--by the
Link corporation; and
(b) in the case of the Extension road--by
the Extension corporation; and
(c) in the case of EastLink--by the
10 EastLink corporation; and
(d) in the case of street lights for a road
that is not an arterial road, other than a
road or part of a road referred to in
paragraph (a), (b) or (c)--by the
15 responsible road authority for that road;
and
(e) in the case of street lights for a service
road on an arterial road, other than a
road or part of a road referred to in
20 paragraph (a), (b) or (c), and any
adjacent area for which a municipal
council is the responsible road
authority--by the council; and
(f) in the case of street lights for an arterial
25 road or part of an arterial road not
otherwise referred to in paragraph (a),
(b), (c), (d) or (e)--in accordance with
subclause (2).
(2) For the purposes of subclause (1)(f)--
30 (a) the installation costs are to be paid by
the road authority that caused the street
lighting to be installed for the road; and
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 6--Amendment of Road Management Act 2004
s. 79
(b) the operating costs are to be paid by
VicRoads and the relevant municipal
council in the following proportions--
(i) 60% by VicRoads;
5 (ii) 40% by the council.
4 Transitional provisions--cost allocation
tables for arterial roads
(1) In this clause Street Lighting Committee
means the Street Lighting Committee
10 referred to in Schedule 5 of the Transport
Act 1983 before the repeal of that Schedule
by the Road Legislation Further
Amendment Act 2007.
(2) Despite clause 3, for a period set out in
15 Column 1 of Table 1, 2 or 3, the allocation of
operating costs for street lighting on arterial
roads, or parts of arterial roads, referred to in
clause 3(1)(f) is in accordance with this
clause.
20 (3) For street lighting on arterial roads that has
been installed--
(a) after receiving approval from the Street
Lighting Committee, the operating
costs for the street lighting for a period
25 set out in Column 1 of Table 1 is to be
paid by VicRoads and the relevant
municipal council in the proportions set
out opposite in Columns 2 and 3 of that
Table; and
30 (b) at the initiation of VicRoads but which
was not approved by the Street Lighting
Committee, the operating costs for the
street lighting for a period set out in
Column 1 of Table 2 must be paid by
35 VicRoads and the relevant municipal
council in the proportions set out
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Road Legislation Further Amendment Bill 2007
Part 6--Amendment of Road Management Act 2004
s. 79
opposite in Columns 2 and 3 of that
Table; and
(c) at the initiation of a municipal council
but which was not approved by the
5 Street Lighting Committee, the
operating costs for the street lighting
for a period set out in Column 1 of
Table 3 must be paid by VicRoads and
the relevant municipal council in the
10 proportions set out in Columns 2 and 3
of that Table.
(4) For the purposes of this clause, in the
absence of reliable records as to whether
particular street lighting was approved by the
15 Street Lighting Committee--
(a) the Street Lighting Committee will be
deemed to have approved street lighting
if, as at 31 December 2007, the
operating costs of the street lighting are
20 in practice being paid by VicRoads and
the relevant municipal council in the
following proportions--
(i) VicRoads, two-thirds; and
(ii) the relevant municipal council,
25 one-third;
(b) the Street Lighting Committee will be
deemed not to have approved street
lighting if, as at 31 December 2007, the
operating costs of the street lighting are
30 in practice not being shared between
VicRoads and the relevant municipal
council.
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CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 6--Amendment of Road Management Act 2004
s. 79
(5) This clause and Tables 1, 2 and 3 expire on
1 July 2013.
Table 1
Allocation of operating costs for street lighting on
5 arterial roads that was previously approved by the
Street Lighting Committee
Column 1 Column 2 Column 3
Proportion of Proportion of
operating costs operating costs to
to be paid by be paid by
Date VicRoads municipal council
1 January 2008-
30 June 2010 2/3 1/3
Table 2
Allocation of operating costs for street lighting on
arterial roads that was not previously approved by
10 the Street Lighting Committee and was initiated by
VicRoads
Column 1 Column 2 Column 3
Proportion of Proportion of
operating costs operating costs to
to be paid by be paid by
Date VicRoads municipal council
1 January 2008-
30 June 2010 100% nil
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 6--Amendment of Road Management Act 2004
s. 79
Table 3
Allocation of operating costs for street lighting on
arterial roads that was not previously approved by
the Street Lighting Committee and was initiated by
5 a municipal council
Column 1 Column 2 Column 3
Proportion of Proportion of
operating costs operating costs to
to be paid by be paid by
Date VicRoads municipal council
1 January 2008-
30 June 2008 nil 100%
1 July 2008-
30 June 2009 10% 90%
1 July 2009-
30 June 2010 20% 80%
1 July 2010-
30 June 2011 30% 70%
1 July 2011-
30 June 2012 40% 60%
1 July 2012-
30 June 2013 50% 50%
Note
After the last date set out in Column 1 of Tables 1, 2 and 3,
the allocation of operating costs for street lighting on arterial
roads will be in accordance with clause 3.".
__________________
561106B.I-22/11/2007 215 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 7--Amendment of Transport Act 1983
s. 80
PART 7--AMENDMENT OF TRANSPORT ACT 1983
80 Delegation
See: For section 32(2) of the Transport Act 1983
Act No. 9921.
Reprint No. 12 substitute--
as at
5 1 January "(2) The Corporation may delegate any power or
2007
and
duty of the Corporation under this Act or any
amending other Act or the regulations, other than this
Act Nos
95/2005,
power of delegation, to--
97/2005,
9/2006, (a) an officer of the Corporation either by
10 45/2006, name or by reference to the officer's
48/2006,
71/2006, office only (and where the reference is
85/2006, to the office only the holder for the time
28/2007 and
30/2007. being of the office shall be the
LawToday: delegate);
www.
15 legislation. (b) an employee in the Department of
vic.gov.au
Infrastructure either by name or by
reference to the employee's position
only.".
81 Repeal of section 55
20 Section 55 of the Transport Act 1983 is
repealed.
82 Substitution of Roads Corporation as the licensing
authority for tow trucks
In sections 172, 172C(3)(b), 172D, 172E, 172F,
25 172G, 172H, 172I(1), 172J, 172O, 172P, 173(1),
173A(1), 174, 174A(1), 174AB(1), 174B, 175,
175A, 175B, 175C, 175D, 176D, 176F, 180(1),
181, 181A, 182, 182B, 182C, 182D, 182F,
182G(1), 183A, 183B(4)(c) and 184A(4) of the
30 Transport Act 1983, for "licensing authority"
(wherever occurring) substitute "Corporation".
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Road Legislation Further Amendment Bill 2007
Part 7--Amendment of Transport Act 1983
s. 83
83 Allocation schemes
Insert the following heading to section 183A of
the Transport Act 1983--
"The Corporation may establish allocation
5 schemes".
84 Roads Corporation to replace Secretary
In sections 181B and 181C of the Transport Act
1983, for "Secretary" (wherever occurring)
substitute "Corporation".
10 85 Repeal of Schedule 5
Schedule 5 to the Transport Act 1983 is
repealed.
__________________
561106B.I-22/11/2007 217 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Part 8--Repeal of Amending Act
s. 86
PART 8--REPEAL OF AMENDING ACT
86 Repeal of Act
This Act is repealed on 1 October 2009.
561106B.I-22/11/2007 218 BILL LA INTRODUCTION AS
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STANDING ORDER 81: 22/11/2007
Road Legislation Further Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561106B.I-22/11/2007 219 BILL LA INTRODUCTION AS
CORRECTED BY THE CLERK UNDER
STANDING ORDER 81: 22/11/2007
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