Road Safety (Procedures) (Driving Hours) Regulations 1998
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
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NOTES 12
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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.
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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
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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;
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(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
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(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
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(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
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(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
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(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";
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(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.".
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(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
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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".
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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
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