Road Safety (General) Amendment (Fatigue Management) Regulations 2008

i Road Safety (General) Amendment (Fatigue Management) Regulations 2008 S.R. No. 115/2008 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Amendments to Schedule 4 2 ═══════════════ ENDNOTES 10 -- 1 of 11 -- 1 STATUTORY RULES 2008 S.R. No. 115/2008 Road Safety Act 1986 Road Safety (General) Amendment (Fatigue Management) Regulations 2008 The Governor in Council makes the following Regulations: Dated: 23 September 2008 Responsible Minister: TIM PALLAS Minister for Roads and Ports ZOE WONG Acting Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe as infringements for the purposes of Part 7 of the Road Safety Act 1986 certain offences that involve breaches of fatigue management requirements that apply to heavy vehicles. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3 Commencement These Regulations come into operation on 29 September 2008. -- 2 of 11 -- S.R. No. 115/2008 Road Safety (General) Amendment (Fatigue Management) Regulations 2008 2 4 Amendments to Schedule 4 (1) In Schedule 4 to the Road Safety (General) Regulations 1999 1 , after the item relating to the code number 2180, omit "Commercial Vehicles". (2) In Schedule 4 to the Road Safety (General) Regulations 1999, the items relating to the code numbers 2162, 2163 and 2165 are revoked. (3) In Schedule 4 to the Road Safety (General) Regulations 1999, after the item relating to code 2172, insert— "Fatigue Management 7301 Solo driver not working under accreditation who contravenes maximum work requirement—minor risk offence RSA 191L(2)(a) and (4) 3 penalty units 7302 Solo driver not working under accreditation who contravenes maximum work requirement— substantial risk offence RSA 191L(2)(a) and (4) 6 penalty units 7303 Solo driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period of 11 hours or less—minor risk offence RSA 191L(2)(b) and (4) 2 penalty units r. 4 -- 3 of 11 -- S.R. No. 115/2008 Road Safety (General) Amendment (Fatigue Management) Regulations 2008 3 7304 Solo driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period greater than 11 hours—minor risk offence RSA 191L(2)(b) and (4) 3 penalty units 7305 Solo driver not working under accreditation who contravenes minimum rest requirement— substantial risk offence RSA 191L(2)(b) and (4) 6 penalty units 7306 Solo driver of a bus not working under accreditation who contravenes maximum work requirement—minor risk offence RSA 191M(2)(a) and (4) 3 penalty units 7307 Solo driver of a bus not working under accreditation who contravenes maximum work requirement— substantial risk offence RSA 191M(2)(a) and (4) 6 penalty units 7308 Solo driver of a bus not working under accreditation who contravenes minimum rest requirement required to be taken in any period of 11 hours or less—minor risk offence RSA 191M(2)(b) and (4) 2 penalty units r. 4 -- 4 of 11 -- S.R. No. 115/2008 Road Safety (General) Amendment (Fatigue Management) Regulations 2008 4 7309 Solo driver of a bus not working under accreditation who contravenes minimum rest requirement required to be taken in any period greater than 11 hours—minor risk offence RSA 191M(2)(b) and (4) 3 penalty units 7310 Solo driver of a bus not working under accreditation who contravenes minimum rest requirement— substantial risk offence RSA 191M(2)(b) and (4) 6 penalty units 7311 Two-up driver not working under accreditation who contravenes maximum work requirement—minor risk offence RSA 191N(2)(a) and (4) 3 penalty units 7312 Two-up driver not working under accreditation who contravenes maximum work requirement— substantial risk offence RSA 191N(2)(a) and (4) 6 penalty units 7313 Two-up driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period of 11 hours or less—minor risk offence RSA 191N(2)(b) and (4) 2 penalty units r. 4 -- 5 of 11 -- S.R. No. 115/2008 Road Safety (General) Amendment (Fatigue Management) Regulations 2008 5 7314 Two-up driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period greater than 11 hours—minor risk offence RSA 191N(2)(b) and (4) 3 penalty units 7315 Two-up driver not working under accreditation who contravenes minimum rest requirement— substantial risk offence RSA 191N(2)(b) and (4) 6 penalty units 7316 Solo driver working under BFM accreditation who contravenes maximum work requirement—minor risk offence RSA 191O(2)(a) and (4) 3 penalty units 7317 Solo driver working under BFM accreditation who contravenes maximum work requirement— substantial risk offence RSA 191O(2)(a) and (4) 6 penalty units 7318 Solo driver working under BFM accreditation who contravenes minimum rest requirement required to be taken in any period of 12 hours or less—minor risk offence RSA 191O(2)(b) and (4) 2 penalty units r. 4 -- 6 of 11 -- S.R. No. 115/2008 Road Safety (General) Amendment (Fatigue Management) Regulations 2008 6 7319 Solo driver working under BFM accreditation who contravenes minimum rest requirement required to be taken in any period greater than 12 hours—minor risk offence RSA 191O(2)(b) and (4) 3 penalty units 7320 Solo driver working under BFM accreditation who contravenes minimum rest requirement— substantial risk offence RSA 191O(2)(b) and (4) 6 penalty units 7321 Two-up driver working under BFM accreditation who contravenes maximum work requirement—minor risk offence RSA 191P(2)(a) and (4) 3 penalty units 7322 Two-up driver working under BFM accreditation who contravenes maximum work requirement— substantial risk offence RSA 191P(2)(a) and (4) 6 penalty units 7323 Two-up driver working under BFM accreditation who contravenes minimum rest requirement—minor risk offence RSA 191P(2)(b) and (4) 3 penalty units r. 4 -- 7 of 11 -- S.R. No. 115/2008 Road Safety (General) Amendment (Fatigue Management) Regulations 2008 7 7324 Two-up driver working under BFM accreditation who contravenes minimum rest requirement— substantial risk offence RSA 191P(2)(b) and (4) 6 penalty units 7331 Fail to comply with requirements for changing from one work/rest hours option to a different work/rest hours option RSA 191R(3) 6 penalty units 7332 Fail to record information in work diary immediately after starting work on relevant day RSA 191T(2) 6 penalty units 7333 Fail to record information in work diary immediately before or after work/rest change on relevant day RSA 191T(3) 6 penalty units 7334 Fail to record total work time and total rest time immediately before finishing work on relevant day RSA 191T(4) 6 penalty units 7336 Fail to comply with requirements for how to record information in a written work diary RSA 191U(1) 6 penalty units 7337 Fail to comply with requirements for how to record information in an electronic work diary RSA 191U(2) 6 penalty units r. 4 -- 8 of 11 -- S.R. No. 115/2008 Road Safety (General) Amendment (Fatigue Management) Regulations 2008 8 7338 Fail to record in work diary time in time zone of driver base of vehicle RSA 191U(3) 6 penalty units 7340 Fail to comply with requirements when lost or stolen written work diary is found or returned after replacement work diary has been issued RSA 191V(3) 8 penalty units 7341 Fail to notify record keeper of malfunctioning electronic work diary RSA 191V(4) 8 penalty units 7342 Fail to inform relevant persons of malfunctioning odometer RSA 191W(3) 8 penalty units 7343 Fail to give copy of driver’s diary entries to record keeper RSA 191Y(7) 6 penalty units 7344 Fail to give copy of information recorded in work diary upon changing record keepers RSA 191Y(9) 6 penalty units 7346 Fail to advise of change or end of BFM accreditation, in the case of a corporation RSA 191ZO 30 penalty units 7347 Fail to advise of change or end of BFM accreditation, in any other case RSA 191ZO 6 penalty units r. 4 -- 9 of 11 -- S.R. No. 115/2008 Road Safety (General) Amendment (Fatigue Management) Regulations 2008 9 7355 Fail to advise of change or end of AFM accreditation, in the case of a corporation RSA 191ZY 30 penalty units 7356 Fail to advise of change or end of AFM accreditation, in any other case RSA 191ZY 6 penalty units". ═══════════════ r. 4 -- 10 of 11 -- S.R. No. 115/2008 Road Safety (General) Amendment (Fatigue Management) Regulations 2008 10 ENDNOTES 1 Reg. 4: 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. No. 104/2008. Endnotes -- 11 of 11 --