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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--FATIGUE MANAGEMENT) REGULATION 2008 No. 296 - SECT 192

192 BFM hours apply to particular drivers

(1) This section applies to the driver of a fatigue regulated heavy vehicle who is registered as a driver participant in the TFMS or a corresponding TFMS.

Note--
See--
(a) section 207 for the continuation of registrations in the TFMS or a corresponding TFMS in existence at the commencement; and
(b) section 208, 225 or 227 for other provisions under which a person may be registered in the TFMS after the commencement.

(2) Until the end of 28 September 2009, the driver may drive a fatigue regulated heavy vehicle under BFM hours if--

(a) the driver is carrying his or her driver's certification manual or corresponding certification manual as defined under the repealed regulation; and
(b) the driver complies with the driver TFMS requirements applicable to the driver; and
(c) if the driver is an employed driver--
(i) the driver's employer is registered as an employer participant in the TFMS; and
(ii) the driver's employer complies with the employer TFMS requirements applicable to the employer.
Notes--
1 If the driver of a fatigue regulated heavy vehicle to which this section applies does not comply with this subsection, part 3 of this regulation applies to the driver (unless the driver is driving the vehicle under section 191 or 193).
2 See section 209 for the continued application of particular provisions of the repealed regulation to a person registered as a participant in the TFMS after the commencement.

(3) Subsection (2) stops applying to the driver if the driver starts operating under a 2008 regulation arrangement.

(4) For applying this regulation to the driver of a fatigue regulated heavy vehicle driving under subsection (2), other than for section 59, the driver is taken to be operating under the work and rest hours option known as BFM hours as if the driver was operating under a BFM accreditation.

(5) Part 4 applies in relation to the driver of a fatigue regulated heavy vehicle driving under subsection (2) as if--

(a) the driver was operating under a BFM accreditation; and
(b) the requirement under section 71(1)(e) to record the accreditation number of the BFM accreditation of the operator of the vehicle were a requirement to record--
(i) for an employed driver--the driver's employer's TFMS registration number; or
(ii) for a self-employed driver--the driver's TFMS registration number; and
(c) the driver's record keeper was--
(i) for an employed driver--the driver's employer; or
(ii) for a self-employed driver--the driver.

(6) However, subsection (5), does not require the driver of a fatigue regulated heavy vehicle who does not engage in 200+km work to comply with part 4 of this regulation until 14 days after the commencement.

(7) Also, the application of part 4 in relation to the driver of a fatigue regulated heavy vehicle driving under subsection (2) is subject to section 196.

(8) In this section--

driver TFMS requirements means--

(a) the requirement applying under the repealed regulation, section 29; and
(b) the requirements applying under the repealed regulation, section 30 as if subsection (1)(a) of that section referred to the driver managing the driver's work time and rest time so the driver can comply with BFM hours.

employer TFMS requirements means the requirements applying under the repealed regulation, section 35 as if--

(a) subsection (1)(a) of that section referred to the employer managing the driver's work time and rest time so the driver is able to comply with BFM hours; and
(b) subsection (1)(d)(ii) of that section included a reference to medical examinations undergone by the employer's employed truck drivers for this regulation.


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