Victorian Numbered Regulations Victorian Numbered Regulations(1) A person may make written application to the Corporation for approval of a particular type of electronic work diary.
(2) The application must be in the form approved by the Australian Transport Council.
(3) The Corporation may approve a system of recording information electronically for use as an electronic work diary for the purposes of Part 10A of the Act if it is satisfied that the system—
(a) is suitable for fitting to, or for use in, a fatigue regulated heavy vehicle; and
(b) has a mechanism that readily indicates to the driver of the vehicle that the system is, or is not, properly functioning; and
(c) is capable of accurately monitoring and recording the work and rest times of the driver of the vehicle, and of recording any other information that a driver is required to record in a work diary under Part 10A of the Act; and
(d) if the system is to be fitted to the vehicle and is to be used by more than one driver, is capable of ensuring that—
(i) all of the information referred to in paragraph (c) can be accurately monitored or recorded (as the case may be) for each driver; and
(ii) the details recorded by, or for a driver, are readily distinguishable from the details recorded by, or for any other driver; and
(iii) the name of each driver for whom details are recorded is shown whenever the details are accessed; and
(iv) a driver cannot record any information that a driver is required to record in a work diary under Part 10A of the Act in the system for, or on behalf of, another driver; and
(e) has a mechanism to ensure that the driver cannot alter any information that the driver records in the system once the driver has had an opportunity to confirm the accuracy of that information; and
(f) if the system is designed to enable the driver to send information to the driver's record keeper, has a mechanism that readily indicates to the driver that the information has, or has not, been sent to the record keeper; and
(g) on being accessed by the record keeper, is capable of readily reproducing the information it contains; and
(h) while the vehicle to which it is fitted is on the road, is capable of readily reproducing the information it contains in a form that—
(i) is readily accessible by an inspector; and
(ii) is reasonably capable of being understood by the inspector; and
(iii) can be used as evidence.
Note
An electronic work diary may include or form part of an intelligent transport system approved under Part 12 of the Act.
(4) In approving a type of electronic work diary, the Corporation must have regard to any guidelines in relation to electronic work diaries approved by the Australian Transport Council.
(5) If the Corporation approves an application under this regulation, it must issue a numbered certificate of approval to the applicant.
(6) In granting an approval, the Corporation may impose conditions in relation to the operation and maintenance of the diary.
(7) An approval under this regulation covers any system that is identical to the system that was submitted to the Corporation for approval.
(8) Any identical system that is covered by an approval is also subject to any conditions that were imposed by the Corporation in relation to the approval.
(9) A document that purports to be a certificate of approval issued by the Corporation under this regulation is evidence that any system referred to in the document has been approved by the Corporation as an electronic work diary under this regulation.
(10) If the Corporation does not make the decision sought by an applicant, the Corporation must give the applicant a written notice that states—
(a) the Corporation's decision; and
(b) the reasons for the decision; and
(c) that the applicant may apply to have the decision reconsidered.
(11) Section 191ZZZD of the Act applies to a reconsideration of a decision under this regulation as though it were a decision to which Division 9 of Part 10A of the Act applies.