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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--FATIGUE MANAGEMENT) REGULATION 2008 No. 296 - SECT 80

80 Driver must make supplementary records in particular circumstances

(1) During any period in which the driver is unable to use the driver's work diary (the existing work diary) because of circumstances mentioned in section 79(a) or (b), the driver must record in a supplementary record the information the driver is required under subdivision 2 to record for the period (the required information).

Note--
Under subdivision 1, the driver of a fatigue regulated heavy vehicle must keep a supplementary record for 28 days after it is made (see section 67(2) and section 68).
Also, under section 98, the driver's record keeper must keep the record for at least 3 years after it is received by the record keeper.

(2) The required information must be recorded in the supplementary record in a way complying with the requirements of subdivision 3 to the greatest practicable extent.

Examples for subsection (2)--
For complying with section 76(1)(a) for a supplementary record in a similar form to a written work diary, a separate page of the record must be used for each day information is recorded in the record.
For complying with section 78, any time recorded in the supplementary record must be recorded according to the time zone in the place where the driver's base is.

(3) Subsections (1) and (2) cease to apply when the first of the following happens--

(a) the driver is issued a new written work diary, or a new electronic work diary that is in working order;
(b) if the existing work diary is an electronic work diary that is filled up--the work diary is made capable of recording new information;
(c) if the existing work diary is an electronic work diary that is malfunctioning--the work diary is brought into working order;
(d) the expiry of 7 business days after the day on which the driver starts recording information under this section.
Note--
If subsection (1) ceases to apply, the driver must, under subdivision 2, record the required information in a written or electronic work diary.

(4) In this section--

supplementary record means a record that--

(a) is not made in a written or electronic work diary; but
(b) is in a similar form to a written or electronic work diary.


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