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Road Safety (Procedures) (Driving Hours) Regulations 1998

Legislation · Victoria · 2020
i Road Safety (Procedures) (Driving Hours) Regulations 1998 S.R. No. 104/1998 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 1 5. Definitions 2 6. Rest times 4 7. Driving hours—solo drivers of commercial buses 4 8. Driving hours—two up drivers of commercial buses 5 9. Heavy Trucks 6 10. Driving records-driver 7 11. Obtaining a log book 8 12. Driving records-employer 9 13. Retention of driver records 10 14. New regulations 622 and 623 substituted 10 622. Exemptions—literacy 10 623. Exemptions—emergencies 10 15. Consequential amendments 11 ═══════════════ NOTES 12 -- 1 of 13 -- 1 STATUTORY RULES 1998 S.R. No. 104/1998 Road Safety Act 1986 Road Safety (Procedures) (Driving Hours) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 11 August 1998 Responsible Minister: GEOFF CRAIGE Minister for Roads and Ports SHARNE BRYAN Clerk of the Executive Council 1. Objective The objective of these Regulations is to make further provision for the regulation of driving hours. 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 September 1998. 4. Principal Regulations In these Regulations, the Road Safety (Procedures) Regulations 1988 1 are called the Principal Regulations. -- 2 of 13 -- S.R. No. 104/1998 Road Safety (Procedures) (Driving Hours) Regulations 1998 2 5. Definitions In regulation 601 of the Principal Regulations— (a) the definition of "commercial truck" is revoked; (b) insert the following definitions— ' "drive" includes— (a) an activity referred to in regulation 602; and (b) in relation to solo driving, the driving of a commercial bus or heavy truck by a solo driver; and (c) in relation to two-up driving, the driving of a commercial bus or heavy truck by a two-up driver; "driver base", in relation to a motor vehicle that is a commercial bus or heavy truck, means— (a) the place recorded for the time being as the garage address of the motor vehicle— (i) by the Corporation in the register established for the purposes of Part 2 of the Act; or (ii) if the motor vehicle is registered in another State or Territory, by the registration authority of that State or Territory; or (b) if the driver normally works and receives instructions from a place other than the garage address of the motor vehicle referred to in r. 5 -- 3 of 13 -- S.R. No. 104/1998 Road Safety (Procedures) (Driving Hours) Regulations 1998 3 paragraph (a), the place recorded for the time being as the driver base in the log book kept by the driver of the motor vehicle; or (c) if no place is recorded as specified in paragraph (a) or (b), the place from which the driver normally works and receives instructions; "heavy truck" means— (a) a motor vehicle (other than a bus or tractor) which exceeds 12 tonnes maximum loaded mass; or (b) a combination of a motor vehicle (other than a bus or tractor) and one or more trailers, being a combination that includes a vehicle which exceeds 12 tonnes maximum loaded mass; "work" means driving a commercial bus or heavy truck and includes any of the following activities, irrespective of where the activity took place— (a) loading or unloading a commercial bus or heavy truck; (b) inspecting, servicing or repairing a commercial bus or heavy truck, inspecting or attending to the load on a commercial bus or heavy truck or attending to the passengers on a commercial bus; (c) cleaning or refuelling a commercial bus or heavy truck; r. 5 -- 4 of 13 -- S.R. No. 104/1998 Road Safety (Procedures) (Driving Hours) Regulations 1998 4 (d) performing marketing tasks in relation to the operation of a commercial bus or heavy truck; (e) helping with or supervising an activity mentioned in paragraph (a), (b), (c) or (d); (f) recording information or completing a document in accordance with these Regulations or in relation to the operation of a commercial bus or heavy truck.'; (c) in the definitions of "solo driver" and "two- up driver", for "commercial truck" (wherever occurring) substitute "heavy truck"; (d) the definitions of "non-driving time" and "rest period" are revoked. 6. Rest times After regulation 602(2) of the Principal Regulations insert— "(3) A rest time must be spent as a continuous period of 15 minutes or more when the driver does not work. (4) If a driver is required to have a rest time of 5 hours 30 minutes or more but less than 24 hours, that time must be spent away from the commercial bus or heavy truck unless it is fitted with a sleeper berth in accordance with regulation 603. (5) If a driver is required to have a rest time of 24 hours or more that time must be spent away from the commercial bus or heavy truck.". 7. Driving hours—solo drivers of commercial buses r. 6 r. 7 -- 5 of 13 -- S.R. No. 104/1998 Road Safety (Procedures) (Driving Hours) Regulations 1998 5 (1) In regulation 605(1) of the Principal Regulations— (a) in paragraph (a), for "drive" substitute "work"; (b) in paragraph (b), for "non-driving time of not less than the period" substitute "rest time of not less than the period or periods". (2) Regulation 605(2) of the Principal Regulations is revoked. (3) For Table 1 in regulation 605 of the Principal Regulations substitute— "Table 1 Column 1 Period Column 2 Maximum working time Column 3 Minimum rest time 5 hours and 30 minutes 5 hours 30 minutes, either as one continuous period or as two continuous periods of 15 minutes each 24 hours 14 hours (including not more than 12 hours driving) 10 hours including one continuous period of 6 hours 168 hours 72 hours 96 hours 672 hours 288 hours 384 hours with a continuous period of 96 hours, or two or more continuous periods, each of 24 hours or more, totalling 96 hours". 8. Driving hours—two up drivers of commercial buses r. 8 -- 6 of 13 -- S.R. No. 104/1998 Road Safety (Procedures) (Driving Hours) Regulations 1998 6 (1) In regulation 606(1) of the Principal Regulations— (a) in paragraph (a), for "drive" substitute "work"; and (b) in paragraph (b), for "non-driving time of not less than the period" substitute "rest time of not less than the period or periods". (2) Regulation 606(2) of the Principal Regulation is revoked. (3) For Table 2 in regulation 606 of the Principal Regulations substitute— "Table 2 Column 1 Period Column 2 Maximum working time Column 3 Minimum rest time 5 hours and 30 minutes 5 hours 30 minutes, either as one continuous period or as two continuous periods of 15 minutes each 24 hours 14 hours (including not more than 12 hours driving) 10 hours including one continuous period of 6 hours 168 hours 72 hours 96 hours 672 hours 288 hours 384 hours with a continuous period of 96 hours, or two or more continuous periods, each of 24 hours or more, totalling 96 hours". 9. Heavy Trucks r. 9 -- 7 of 13 -- S.R. No. 104/1998 Road Safety (Procedures) (Driving Hours) Regulations 1998 7 (1) In the heading to Division 3 of Part 6 of the Principal Regulations for "COMMERCIAL" substitute "HEAVY". (2) In regulation 608 of the Principal Regulations— (a) in paragraph (a), for "drive" substitute "work"; (b) in paragraph (b), for "non-driving time of not less than the period" substitute "rest time of not less than the period or periods". (3) For Table 3 in regulation 608 of the Principal Regulations substitute— "Table 3 Column 1 Period Column 2 Maximum working time Column 3 Minimum rest time 5 hours and 30 minutes 5 hours 30 minutes, either as one continuous period or as two periods of 15 minutes each 24 hours 14 hours (including not more than 12 hours driving) 10 hours including one continuous period of 6 hours 168 hours 72 hours 96 hours including one continuous period of 24 hours". 10. Driving records-driver r. 10 -- 8 of 13 -- S.R. No. 104/1998 Road Safety (Procedures) (Driving Hours) Regulations 1998 8 (1) In regulation 610(1) of the Principal Regulations— (a) in paragraph (a)— (i) for sub-paragraph (iii) substitute— "(iii) work time other than drive time; and"; (ii) for sub-paragraph (iv) substitute— "(iv) rest time;"; (b) paragraph (b) is revoked. (2) After regulation 610(3) of the Principal Regulations insert— "(4) It is a defence to an offence against sub- regulation (1) if a driver proves that— (a) his or her log book is destroyed, lost or stolen; and (b) the driver has not been issued with a replacement log book; and (c) not more than two days have elapsed since the log book was destroyed, lost or stolen; and (d) the driver has recorded the information required by that sub-regulation in a way that is no less accurate and understandable than, and in a similar form to, records made in accordance with that sub-regulation.". 11. Obtaining a log book In regulation 612(3) of the Principal Regulations— (a) in paragraph (b)(ii), omit "and"; -- 9 of 13 -- S.R. No. 104/1998 Road Safety (Procedures) (Driving Hours) Regulations 1998 9 (b) in paragraph (b), sub-paragraph (iii) is revoked; (c) paragraph (c) is revoked. 12. Driving records-employer (1) For regulation 613(1) of the Principal Regulations substitute— "(1) If the driver of a commercial bus or heavy truck makes a driving record in a log book within the meaning of paragraph (a) or (b) of the definition of "log book" in regulation 601, the driver must give a copy of the daily page on which the record is made, to each employer for whom the driving was performed, within 21 days after the making of the record. Penalty: 1 penalty unit.". (2) For regulation 613(3) of the Principal Regulations substitute— "(3) A driver's employer must take reasonable steps to ensure that the driver complies with sub-regulation (1). Penalty: 3 penalty units. (3A) A driver's employer must ensure that any document sent to the employer under sub- regulation (1) is retained— (a) at the driver base of the bus or truck for a period of 12 months; and (b) in a form that permits the document to be conveniently audited. Penalty: 3 penalty units.". r. 12 -- 10 of 13 -- S.R. No. 104/1998 Road Safety (Procedures) (Driving Hours) Regulations 1998 10 (3) In regulation 613(4) of the Principal Regulations, for "referred to in sub-regulation (3)" substitute "required to be retained under sub-regulation (3A)". 13. Retention of driver records In regulation 619(2)(a) of the Principal Regulations, for "employer's main place of business" substitute "driver base of the bus or truck". 14. New regulations 622 and 623 substituted For regulation 622 of the Principal Regulations substitute— "622. Exemptions—literacy A driver who is unable to make records in the driver's log book because of an English literacy disability is exempted from the requirements of regulations 610 and 611 if that driver— (a) nominates to the Corporation a person who has agreed in writing to make written driving records for the driver; and (b) sends to the Corporation a copy of the nominated person's agreement. 623. Exemptions—emergencies In an emergency involving a fire , explosion or natural disaster, the driver of a heavy truck or commercial bus is exempted from the requirements of this Part, except Division 4, if— (a) the vehicle is being used, or is intended to be used, for the protection of life or property, or to restore communication r. 13 -- 11 of 13 -- S.R. No. 104/1998 Road Safety (Procedures) (Driving Hours) Regulations 1998 11 or the supply of energy or water, or for the disposal of sewage; and (b) the exemption does not present an unreasonable danger to other road users.". 15. Consequential amendments (1) In regulations 602, 603, 604, 608, 609, 610, 619 and 621 of the Principal Regulations, for "commercial truck" (wherever occurring) substitute "heavy truck". (2) In regulations 609 and 619 of the Principal Regulations, for "place of business from which the bus or truck normally operates" substitute "driver base". ═══════════════ r. 15 -- 12 of 13 -- S.R. No. 104/1998 Road Safety (Procedures) (Driving Hours) Regulations 1998 12 NOTES 1 Reg. 4: S.R. No. 28/1988. Reprinted to S.R. No. 21/1997 and subsequently amended by S.R. Nos 35/1998 and 58/1998. S.R. No. 28/1988 was continued in operation by S.R. No. 169/1997. Notes -- 13 of 13 --