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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--FATIGUE MANAGEMENT) REGULATION 2008 No. 296 - SECT 104

104 Keeping 2 work diaries simultaneously prohibited

(1) The driver of a fatigue regulated heavy vehicle must not have in the driver's possession more than 1 written work diary in which information can be recorded on a daily sheet.

Note--
The driver of a fatigue regulated heavy vehicle does not commit an offence against this subsection if the driver has another written work diary in the driver's possession in which information can not be recorded because all the daily sheets in the other work diary are either used up or cancelled.

Maximum penalty--80 penalty units.

(2) The driver of a fatigue regulated heavy vehicle must not record information for the same period in--

(a) a written work diary and an electronic work diary; or
(b) more than 1 electronic work diary.
Example--
The driver of a fatigue regulated heavy vehicle works for Mrs. A and Mr. B. The driver keeps a written work diary for work done for Mrs. A and an electronic work diary for work done for Mr. B. On a particular day, the driver works from 1p.m. to 5p.m. for Mrs. A and from 6p.m. to 11p.m. for Mr. B.
The driver must record the information about the period between 1p.m. and 5p.m. in the written work diary kept for Mrs. A, and the information for the period between 6p.m. and 11p.m. in the electronic work diary kept for Mr. B.
The driver must not record information about the period between 1p.m. and 5p.m, or the period between 6p.m. to 11p.m, in both the written work diary and electronic work diary.

Maximum penalty--80 penalty units.

(3) For subsections (1) and (2), a reference to a written work diary includes a reference to a logbook issued under the repealed Transport Operations (Road Use Management--Fatigue Management) Regulation 1998.



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