Road Safety (Drivers) (Driving Hours) Regulations 2001

i Road Safety (Drivers) (Driving Hours) Regulations 2001 S.R. No. 5/2001 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 1 5. Definitions 1 6. Calculation of rest times 4 7. Offences extended to working 4 8. New sections 504A to 504D inserted 4 504A. Certain requests etc. prohibited 4 504B. Special obligation of consignors 4 504C. Special obligation of employers 5 504D. Special obligations—rostering and scheduling 5 9. New regulations 505 and 506 substituted 6 505. Maximum working time—commercial bus drivers 6 506. Minimum rest time—commercial bus drivers 7 10. Consequential amendment 8 11. New regulations 508 substituted and 508A inserted 8 508. Maximum working time—heavy truck drivers 8 508A. Minimum rest time—heavy truck drivers 9 12. Driving record 10 13. Driving record given to employer 10 14. Trips under 100 kilometre radius 10 15. Limited exemptions—literacy 11 16. Consequential amendment to the Road Safety (General) Regulations 1999 11 ═══════════════ ENDNOTES 12 -- 1 of 13 -- 1 STATUTORY RULES 2001 S.R. No. 5/2001 Road Safety Act 1986 Road Safety (Drivers) (Driving Hours) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 30 January 2001 Responsible Minister: PETER BATCHELOR Minister for Transport HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to make further provision for hours of driving of commercial buses and heavy trucks. 2. Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3. Commencement These Regulations come into operation on 1 March 2001. 4. Principal Regulations In these Regulations, the Road Safety (Drivers) Regulations 1999 1 are called the Principal Regulations. 5. Definitions -- 2 of 13 -- S.R. No. 5/2001 Road Safety (Drivers) (Driving Hours) Regulations 2001 2 In regulation 501 of the Principal Regulations— (a) insert the following definitions— ' "consignor" means a person who— (a) engages someone directly or through an agent or other intermediary, to transport goods by road; and (b) has possession of, or control over, the goods before they are transported; and (c) is not the employer of the driver of a heavy truck or commercial bus that transports the goods; "core driving hours offence" means— (a) an offence against— (i) regulation 505 (Maximum working time—commercial bus drivers); or (ii) regulation 506 (Minimum rest time—commercial bus drivers); or (iii) regulation 508 (Maximum working time—heavy truck drivers); or (iv) regulation 508A (Minimum rest time—heavy truck drivers); (b) an offence under a law of another State or Territory of the Commonwealth that is substantially similar to an offence referred to in paragraph (a); "driving record offence" means— -- 3 of 13 -- S.R. No. 5/2001 Road Safety (Drivers) (Driving Hours) Regulations 2001 3 (a) an offence against a regulation in Division 4 of this Part; or (b) an offence under a law of another State or Territory of the Commonwealth that is substantially similar to an offence referred to in paragraph (a); "excess" means the difference between a driver's actual and maximum working times under this Part; "motorised mobile home" means a motor vehicle that is equipped with cooking, eating and sleeping facilities and is designed primarily for use as mobile accommodation; "responsible employee" means an employee or agent of an employer who is responsible for rostering the work and rest time of drivers employed by the employer or scheduling the transport of passengers or goods by road and, if the employer is a natural person, includes the employer; "rest shortfall" means the difference between a driver's actual rest time and the driver's required minimum rest time under this Part; "speeding offence" means— (a) an offence against RR 20 if it involves driving a heavy truck or commercial bus; or (b) an offence under a law of another State or Territory of the Commonwealth that is r. 5 -- 4 of 13 -- S.R. No. 5/2001 Road Safety (Drivers) (Driving Hours) Regulations 2001 4 substantially similar to an offence referred to in paragraph (a);'; (b) in paragraphs (a) and (b) of the definition of "heavy truck", for "or tractor" substitute ", tractor or motorised mobile home". 6. Calculation of rest times In regulation 502(4) of the Principal Regulations, for "5 hours 30 minutes" substitute "6 hours". 7. Offences extended to working In regulation 504 of the Principal Regulations, for "another person to drive a commercial bus or heavy truck in Victoria" substitute "a driver to work". 8. New sections 504A to 504D inserted After regulation 504 of the Principal Regulations, insert— "504A. Certain requests etc. prohibited A person must not ask, direct or require, directly or indirectly, a driver to do something if the person knows, or reasonably ought to know, that by so complying the driver would, or would be likely to, commit— (a) a core driving hours offence; or (b) a driving record offence; or (c) a speeding offence. Penalty: 15 penalty units. 504B. Special obligation of consignors r. 6 -- 5 of 13 -- S.R. No. 5/2001 Road Safety (Drivers) (Driving Hours) Regulations 2001 5 A consignor must not engage someone to transport goods by road if the consignor knows, or reasonably ought to know, that by complying with an express or implied condition of the engagement the driver of a heavy truck or commercial bus transporting the goods would, or would be likely to, commit— (a) a core driving hours offence; or (b) a driving record offence; or (c) a speeding offence. Penalty: 15 penalty units. 504C. Special obligation of employers An employer must not permit a driver employed by that employer to drive a heavy truck or commercial bus for the employer if the employer knows, or reasonably ought to know, that by driving the vehicle the driver would, or would be likely to, commit a core driving hours offence. Penalty: 15 penalty units. 504D. Special obligations—rostering and scheduling (1) An employer or a responsible employee of an employer must not roster work or rest time of a driver employed by that employer if the employer or responsible employee knows, or reasonably ought to know, that by complying with the roster the driver would, or would be likely to, commit a core driving hours offence. Penalty: 15 penalty units. (2) An employer or a responsible employee of an employer must not schedule the transport r. 8 -- 6 of 13 -- S.R. No. 5/2001 Road Safety (Drivers) (Driving Hours) Regulations 2001 6 of passengers or goods by road if the employer or employee knows, or reasonably ought to know, that by complying with the schedule the driver of the heavy truck or commercial bus transporting the passengers or goods would, or would be likely to, commit— (a) a core driving hours offence; or (b) a speeding offence. Penalty: 15 penalty units.". 9. New regulations 505 and 506 substituted For regulations 505 and 506 of the Principal Regulations substitute— '505. Maximum working time—commercial bus drivers (1) In this regulation "maximum working time", in relation to a driver (whether a solo driver or a two-up driver) of a commercial bus, is— (a) for any 5·5 hour period—5 hours; and (b) for any 24 hour period—14 hours, including not more than 12 hours driving; and (c) for any 168 hour period—72 hours; and (d) for any 672 hour period—288 hours. (2) A driver of a commercial bus commits an offence if, for any period mentioned in sub- regulation (1) (the "relevant period"), the r. 9 -- 7 of 13 -- S.R. No. 5/2001 Road Safety (Drivers) (Driving Hours) Regulations 2001 7 driver's total working time exceeds the driver's maximum working time for that period. Penalty: If the relevant period is 5·5 hours—10 penalty units. If the relevant period is 24 hours, 168 hours or 672 hours and the excess is less than 1 hour— 10 penalty units. If the relevant period is 24 hours, 168 hours or 672 hours and the excess is 1 hour or more— 15 penalty units. 506. Minimum rest time—commercial bus drivers (1) In this regulation "minimum rest time", in relation to a driver (whether a solo driver or a two-up driver) of a commercial bus, is— (a) for any 5·5 hour period—30 minutes, either as one continuous period or as two continuous periods of 15 minutes each; and (b) for any 24 hour period—10 hours, including one continuous period of 6 hours; and (c) for any 168 hour period—96 hours; and (d) for any 672 hour period—384 hours with a continuous period of 96 hours, or two or more continuous periods each of 24 hours or more totalling 96 hours. (2) A driver of a commercial bus commits an offence if, for any period mentioned in sub- regulation (1) (the "relevant period"), the r. 9 -- 8 of 13 -- S.R. No. 5/2001 Road Safety (Drivers) (Driving Hours) Regulations 2001 8 driver's total rest time is less than the driver's minimum rest time for that period. Penalty: If the relevant period is 5·5 hours—10 penalty units. If the relevant period is 24 hours, 168 hours or 672 hours and the rest shortfall is less than 1 hour— 10 penalty units. If the relevant period is 24 hours, 168 hours or 672 hours and the rest shortfall is 1 hour or more— 15 penalty units.'. 10. Consequential amendment In regulation 507 of the Principal Regulations for "regulation 506" substitute "regulations 505 and 506". 11. New regulations 508 substituted and 508A inserted For regulation 508 of the Principal Regulations substitute— '508. Maximum working time—heavy truck drivers (1) In this regulation "maximum working time", in relation to a driver (whether a solo driver or a two-up driver) of a heavy truck, is— (a) for any 5·5 hour period—5 hours; and (b) for any 24 hour period—14 hours, including not more than 12 hours driving; and (c) for any 168 hour period—72 hours. (2) A driver (whether a solo driver or a two-up driver) of a heavy truck commits an offence if, for any period mentioned in sub- r. 10 -- 9 of 13 -- S.R. No. 5/2001 Road Safety (Drivers) (Driving Hours) Regulations 2001 9 regulation (1) (the "relevant period"), the driver's total working time exceeds the driver's maximum working time for that period. Penalty: If the relevant period is 5·5 hours—10 penalty units. If the relevant period is 24 hours or 168 hours and the excess is less than 1 hour—10 penalty units. If the relevant period is 24 hours or 168 hours and the excess is 1 hour or more—15 penalty units. 508A. Minimum rest time—heavy truck drivers (1) In this regulation "minimum rest time", in relation to a driver (whether a solo driver or a two-up driver) of a heavy truck, is— (a) for any 5·5 hour period—30 minutes, either as one continuous period or as two continuous periods of 15 minutes each; and (b) for any 24 hour period—10 hours, including one continuous period of 6 hours; and (c) for any 168 hour period—96 hours, including one continuous period of 24 hours. (2) A driver (whether a solo driver or a two-up driver) of a heavy truck commits an offence if, for any period mentioned in sub- regulation (1) (the "relevant period"), the driver's total rest time is less than the driver's minimum rest time for that period. r. 11 -- 10 of 13 -- S.R. No. 5/2001 Road Safety (Drivers) (Driving Hours) Regulations 2001 10 Penalty: If the relevant period is 5·5 hours—10 penalty units. If the relevant period is 24 hours or 168 hours and the rest shortfall is less than 1 hour—10 penalty units. If the relevant period is 24 hours or 168 hours and the rest shortfall is 1 hour or more—15 penalty units.'. 12. Driving record (1) In regulation 511(1) of the Principal Regulations, for paragraph (b) substitute— '(b) if the log book is within the meaning of paragraph (a), (b) or (d) of the definition of "log book" in regulation 501, completed in duplicate and in accordance with any instructions in or accompanying the log book.'. (2) In regulation 511(2) of the Principal Regulations for "page" (where thrice occurring) substitute "daily sheet". 13. Driving record given to employer (1) In regulation 513(1) of the Principal Regulations for "a copy of the daily page" substitute "the duplicate copy of the daily sheet". (2) In regulation 513(5)(a) of the Principal Regulations for "driver base of the bus or truck" substitute "place where the employer manages the employment of the driver". 14. Trips under 100 kilometre radius r. 12 -- 11 of 13 -- S.R. No. 5/2001 Road Safety (Drivers) (Driving Hours) Regulations 2001 11 In regulation 519(3)(a) of the Principal Regulations for "employer's main place of business" substitute "place where the employer manages the employment of the driver". 15. Limited exemptions—literacy In regulation 521 of the Principal Regulations, after paragraph (b) insert— "(ba) ensures that the nominated person completes the records in accordance with any instructions in or accompanying the log book; and". 16. Consequential amendment to the Road Safety (General) Regulations 1999 In Schedule 4 to the Road Safety (General) Regulations 1999 2 in the item relating to code 2162, after "508" insert ", 508A". ═══════════════ -- 12 of 13 -- S.R. No. 5/2001 Road Safety (Drivers) (Driving Hours) Regulations 2001 12 ENDNOTES 1 Reg. 3: S.R. No. 26/1999. Reprint No. 1 as at 23 March 2000. 2 Reg. 16: S.R. No. 27/1999 as amended by S.R. Nos 54/1999, 120/1999, 88/2000, 96/2000 and 114/2000. Endnotes -- 13 of 13 --