Road Safety (Drivers) and Road Safety (General) Amendment (Fatigue Management and Other Matters) Regulations 2008

i Road Safety (Drivers) and Road Safety (General) Amendment (Fatigue Management and Other Matters) Regulations 2008 S.R. No. 168/2008 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Principal Regulations 2 4 Towing of vehicles by P1 probationary driver licence holders 2 5 Demerit points 2 6 Calculation of time 3 7 New regulation 507A inserted 3 507A Approval of certain matters by the Australian Transport Council 3 8 New regulation 508A inserted 4 508A Form of written work diaries 4 9 Issue of written work diaries 4 10 Approval of electronic work diaries 5 11 New regulation 513A inserted 6 513A Notice of variation of approval 6 12 Removal of electronic work diary approval label 7 13 Corporation may permit the use of diaries whose approval has been cancelled 8 14 Amendments to Schedule 2A 8 15 Automatic detection devices 8 ═══════════════ ENDNOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 2008 S.R. No. 168/2008 Road Safety Act 1986 Road Safety (Drivers) and Road Safety (General) Amendment (Fatigue Management and Other Matters) Regulations 2008 The Governor in Council makes the following Regulations: Dated: 16 December 2008 Responsible Minister: TIM PALLAS Minister for Roads and Ports RYAN HEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is— (a) to provide a further exception to the prohibition against a P1 probationary driver licence holder towing another vehicle; (b) to amend the Road Safety (Drivers) Regulations 1999 to implement further reforms relating to heavy vehicle driver fatigue management; (c) to rectify an incorrect reference to a prescribed detection device in the Road Safety (General) Regulations 1999. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. -- 2 of 10 -- S.R. No. 168/2008 Road Safety (Drivers) and Road Safety (General) Amendment (Fatigue Management and Other Matters) Regulations 2008 2 3 Principal Regulations In these Regulations, the Road Safety (Drivers) Regulations 1999 1 are called the Principal Regulations. 4 Towing of vehicles by P1 probationary driver licence holders In regulation 211C of the Principal Regulations, after paragraph (a), insert— "(ab) the P1 probationary driver licence holder is driving a motor vehicle which is being used solely in connection with agriculture, horticulture, dairying, pastoral or other like pursuits or commercial fishing; or". 5 Demerit points (1) In regulation 301 of the Principal Regulations, in Table 301 at the end of column 2 of the item titled "Driving fatigue regulated heavy vehicle in contravention of maximum work requirement— severe risk offence", insert ", 191Q(2) and (4), 191Q(2A) and (4)". (2) In regulation 301 of the Principal Regulations, in Table 301 at the end of column 2 of the item titled "Driving fatigue regulated heavy vehicle in contravention of maximum work requirement— critical risk offence", insert ", 191Q(2) and (4), 191Q(2A) and (4)". (3) In regulation 301 of the Principal Regulations, in Table 301 at the end of column 2 of the item titled "Driving fatigue regulated heavy vehicle in contravention of minimum rest requirement— severe risk offence", insert ", 191Q(2) and (4), 191Q(2A) and (4)". r. 3 -- 3 of 10 -- S.R. No. 168/2008 Road Safety (Drivers) and Road Safety (General) Amendment (Fatigue Management and Other Matters) Regulations 2008 3 (4) In regulation 301 of the Principal Regulations, in Table 301 at the end of column 2 of the item titled "Driving fatigue regulated heavy vehicle in contravention of minimum rest requirement— critical risk offence", insert ", 191Q(2) and (4), 191Q(2A) and (4)". 6 Calculation of time In regulation 501(3)(a) of the Principal Regulations, after "if" insert "calculating rest time and". 7 New regulation 507A inserted After regulation 507 of the Principal Regulations insert— "507A Approval of certain matters by the Australian Transport Council For the purposes of section 191ZZZA(1)(j) of the Act, the following matters are prescribed for approval by the Australian Transport Council— (a) the format in which information must be recorded in a written work diary; (b) the form of an application to be issued with a written work diary; (c) the form of an application for approval of a particular type of electronic work diary; (d) guidelines in relation to an electronic work diary.". r. 6 -- 4 of 10 -- S.R. No. 168/2008 Road Safety (Drivers) and Road Safety (General) Amendment (Fatigue Management and Other Matters) Regulations 2008 4 8 New regulation 508A inserted After regulation 508 of the Principal Regulations insert— "508A Form of written work diaries (1) A written work diary must allow information to be recorded in the format approved by the Australian Transport Council. (2) A written work diary must contain— (a) a unique identifying number for the work diary; and (b) sequentially numbered sheets for making daily records; and (c) provision for recording information on the daily sheets; and (d) a duplicate of any application form in the work diary; and (e) 2 duplicates of each daily sheet; and (f) instructions for use of the work diary. (3) A written work diary may contain an application form for the issue of another work diary.". 9 Issue of written work diaries In regulation 509 of the Principal Regulations, after subregulation (1), insert— "(1A) The application must be in the form approved by the Australian Transport Council.". r. 8 -- 5 of 10 -- S.R. No. 168/2008 Road Safety (Drivers) and Road Safety (General) Amendment (Fatigue Management and Other Matters) Regulations 2008 5 10 Approval of electronic work diaries (1) In regulation 510 of the Principal Regulations, after subregulation (1), insert— "(1A) The application must be in the form approved by the Australian Transport Council.". (2) In regulation 510 of the Principal Regulations, after subregulation (2), insert— "(2A) 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.". (3) In regulation 510 of the Principal Regulations, after subregulation (7), insert— "(8) 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. (9) 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.". r. 10 -- 6 of 10 -- S.R. No. 168/2008 Road Safety (Drivers) and Road Safety (General) Amendment (Fatigue Management and Other Matters) Regulations 2008 6 11 New regulation 513A inserted After regulation 513 of the Principal Regulations insert— "513A Notice of variation of approval (1) This regulation applies if— (a) the Corporation varies the approval of an electronic work diary; and (b) in the Corporation's opinion, the variation will, or is likely to, significantly affect the way the diary is to be used. (2) The Corporation may direct the person to whom the certificate of approval was issued to notify in writing each person to whom that person has supplied any diary under the approval that the approval has been varied. (3) If the Corporation gives a direction to a person under subregulation (2), the person must comply with the direction. Penalty: 20 penalty units. (4) With the consent of the Corporation, a person may comply with subregulation (3) by publishing details of the variation, and any further details specified by the Corporation, using at least 2 of the following methods— (a) by notice published in a newspaper specified by the Corporation; (b) by notice published in a journal or newsletter specified by the Corporation; (c) on a website specified by the Corporation. r. 11 -- 7 of 10 -- S.R. No. 168/2008 Road Safety (Drivers) and Road Safety (General) Amendment (Fatigue Management and Other Matters) Regulations 2008 7 (5) Nothing in this regulation prevents the Corporation from publishing details of the variation by whatever means it thinks appropriate. Example The Corporation may publish the variation by gazettal or on a website.". 12 Removal of electronic work diary approval label In regulation 514 of the Principal Regulations, for subregulation (2), substitute— "(2) The Corporation may direct the person to whom the certificate of approval was issued to notify in writing each person to whom that person has supplied any diary under the approval that the approval has been cancelled and that any label on any such diary still in the person's possession should be removed. (2A) If the Corporation gives a direction to a person under subregulation (2), the person must comply with the direction. Penalty: 20 penalty units. (2B) With the consent of the Corporation, a person may comply with subregulation (2A) by publishing details of the cancellation, and any further details specified by the Corporation, using at least 2 of the following methods— (a) by notice published in a newspaper specified by the Corporation; (b) by notice published in a journal or newsletter specified by the Corporation; (c) on a website specified by the Corporation. r. 12 -- 8 of 10 -- S.R. No. 168/2008 Road Safety (Drivers) and Road Safety (General) Amendment (Fatigue Management and Other Matters) Regulations 2008 8 (2C) Nothing in this regulation prevents the Corporation from publishing details of the cancellation by whatever means it thinks appropriate. Example The Corporation may publish the cancellation by gazettal or on a website.". 13 Corporation may permit the use of diaries whose approval has been cancelled In regulation 515(1)(a) of the Principal Regulations, for "or indefinitely" substitute "not exceeding 1 year". 14 Amendments to Schedule 2A In Schedule 2A of the Principal Regulations in the entry relating to the Road Safety Act 1986— (a) after "191P(2) and (4),", insert "191Q(2) and (4), 191Q(2A) and (4),"; and (b) after "191ZG,", insert "191ZOA,"; and (c) for "191ZII", substitute "191ZZI". 15 Automatic detection devices In regulation 302(p) of the Road Safety (General) Regulations 1999 2 , for "Gatsometer GTC GS-11" substitute "Gatsometer GTC-GS11". ═══════════════ r. 13 -- 9 of 10 -- S.R. No. 168/2008 Road Safety (Drivers) and Road Safety (General) Amendment (Fatigue Management and Other Matters) Regulations 2008 9 ENDNOTES 1 Reg. 3: S.R. No. 26/1999. Reprint No. 4 as at 1 July 2008. Reprinted to S.R. No. 80/2008. Subsequently amended by S.R. Nos 80/2008 and 116/2008. 2 Reg. 15: S.R. No. 27/1999. Reprint No. 4 as at 1 July 2008. Reprinted to S.R. No. 79/2008. Subsequently amended by S.R. Nos 104/2008 and 115/2008. Endnotes -- 10 of 10 --