Road Safety (Procedures) (Driving Hours) Regulations 1996

i Road Safety (Procedures) (Driving Hours) Regulations 1996 S.R. No. 17/1996 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Principal Regulations 1 4. Substitution of Part 6 1 PART 6—DRIVING HOURS AND RECORDS 2 Division 1—General 2 601. Definitions 2 602. Calculation of time 4 603. Sleeping berths 5 604. Other offences 6 Division 2—Commercial Buses 6 605. Driving hours—solo drivers 6 606. Driving hours—two-up drivers 7 607. Person who is two-up driver then solo driver during a week 8 Division 3—Commercial Trucks 9 608. Driving hours 9 Division 4—Driving records 9 609. Application of Division 9 610. Obligation to make and carry driving record 10 611. Form of driving record 11 612. Obtaining a log book 11 613. Driver must give driving record to employer 13 614. Defacing, destroying or altering a log book 14 615. Making a false statement 14 616. Misusing a log book 14 617. Unlawful interference with an automatic recording device 15 618. Lost, stolen or destroyed log book 15 619. Trips under 100 kilometres radius—employer's obligation 16 620. Obligations of interstate drivers 17 Division 5—Miscellaneous 17 -- 1 of 22 -- Regulation Page ii 621. Evidence 17 622. Exemption—fatigue management programs 18 5. Amendment of Schedule 1 18 6. Amendment of Schedule 6 18 ═══════════════ NOTES 20 -- 2 of 22 -- 1 STATUTORY RULES 1996 S.R. No. 17/1996 Road Safety Act 1986 Road Safety (Procedures) (Driving Hours) Regulations 1996 The Governor in Council makes the following Regulations: Dated: 27 February 1996 Responsible Minister: W. R. BAXTER Minister for Roads and Ports KATHY WILSON Clerk of the Executive Council 1. Objective The objective of these Regulations is to adopt a regime for the management of fatigue amongst drivers of commercial buses and commercial trucks. 2. Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3. Principal Regulations In these Regulations, the 1 Road Safety (Procedures) Regulations 1988 are called the Principal Regulations. 4. Substitution of Part 6 For Part 6 of the Principal Regulations substitute— -- 3 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 2 'PART 6—DRIVING HOURS AND RECORDS Division 1—General 601. Definitions In this Part— "automatic recording device" means a device approved by the Corporation that accurately records information required to be recorded by Division 4 and that may be conveniently accessed; "commercial bus" means a bus that is used, or is intended to be used, to carry passengers for reward or in the course of a business; "commercial truck" means— (a) a motor vehicle (other than a bus or tractor) which exceeds 4.5 tonnes maximum loaded mass that is built mainly to carry goods and that is used, or is intended to be used, to carry goods for reward or in the course of a business; 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 4.5 tonnes maximum loaded mass that is built mainly to carry goods and that is used, or is intended to be used, to carry goods for reward or in the course of a business; "driving record" means a record required by regulation 610 to be made; r. 4 r. 4 -- 4 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 3 "employer" includes a self-employed solo driver and a self-employed two-up driver; "log book" means— (a) a log book in the form approved by the Corporation; or (b) a log book issued under a corresponding law of another State or Territory; or (c) a record made by an automatic recording device; or (d) in respect of a commercial bus, a log book or record of a kind referred to in paragraph (a), (b) or (c) or a form approved by the Corporation which— (i) has been issued by the employer of the driver; and (ii) provides for the insertion of information required to be recorded by Division 4; "maximum loaded mass", in respect of a vehicle, means— (a) the maximum loaded mass of the vehicle specified by the manufacturer; or (b) if— (i) the manufacturer has not specified a maximum loaded mass for the vehicle; or (ii) the manufacturer cannot be identified; or -- 5 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 4 (iii) the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate— the gross vehicle mass of the vehicle; "non-driving time" means time during which a person is not engaged in— (a) driving a commercial bus or commercial truck; or (b) any activity referred to in regulation 602(1); "rest period" means continuous time spent— (a) in a sleeping berth on a commercial truck; or (b) away from activities associated with the commercial truck or any load carried by it; "solo driver" means a driver of a commercial bus or commercial truck who is not accompanied by a two-up driver; "two-up driver" means a person who— (a) shares with another person the driving of a commercial bus or commercial truck; and (b) travels as a passenger on the commercial bus or commercial truck whilst the other person is driving the bus or truck. 602. Calculation of time r. 4 -- 6 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 5 (1) The following time must be included when calculating the time a person has spent driving a commercial bus or commercial truck— (a) time during which the person is a solo driver or two-up driver (including periods as a passenger) of any commercial bus or commercial truck in Victoria or in another State or Territory; and (b) time during which the person has driven a commercial bus or commercial truck on private property; and (c) time spent sitting in the driver's seat of a commercial bus or commercial truck with the engine running, even if the vehicle is stationary; and (d) time spent in a commercial bus or commercial truck instructing a learner driver. (2) When calculating a period of driving, if the commercial bus or commercial truck is owned by a primary producer and is used on private property in connection with the business of the primary producer as such, a person is not taken to be driving the bus or truck for the purposes of sub-regulation (1)(b). 603. Sleeping berths (1) A two-up driver must not drive a commercial bus which does not have a sleeping berth that complies with the Sleeping Berth Standards for Commercial Buses formulated by the National Road Transport Commission and r. 4 -- 7 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 6 approved from time to time by the Ministerial Council for Road Transport. Penalty: 5 penalty units. (2) A two-up driver must not drive a commercial truck which does not have a sleeping berth that complies with Australian Design Rule 42.15 of the Australian Design Rules for Motor Vehicles and Trailers as issued by the Federal Department of Transport from time to time. Penalty: 5 penalty units. 604. Other offences A person must not cause, permit or employ another person to drive a commercial bus or commercial truck in Victoria, other than in accordance with this Part. Penalty: 8 penalty units. Division 2—Commercial Buses 605. Driving hours—solo drivers (1) During a period referred to in Column 1 of Table 1, a solo driver of a commercial bus— (a) must not drive for more than the period referred to in the corresponding entry in Column 2; and (b) must have non-driving time of not less than the period referred to in the corresponding entry in Column 3; and (c) must comply with each of the requirements in Table 1. Penalty: 5 penalty units. r. 4 -- 8 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 7 Table 1 Column 1 Period Column 2 Maximum driving time Column 3 Minimum non-driving time 5 hours and 30 minutes 5 hours 30 minutes, either as one period or as two periods of 15 minutes each 24 hours 12 hours 12 hours including one period of 8 hours 168 hours (1 week) 72 hours 96 hours (2) In any period of 672 hours (4 weeks), a solo driver of a commercial bus must spend not less than the following time away from activities associated with any commercial bus or any load carried by it— (a) a period of 96 hours; or (b) two or more periods, each of 24 hours or more, totalling 96 hours. Penalty: 5 penalty units. 606. Driving hours—two-up drivers (1) During a period referred to in Column 1 of Table 2, a two-up driver of a commercial bus— (a) must not drive for more than the period referred to in the corresponding entry in Column 2; and (b) must have non-driving time of not less than the period referred to in the corresponding entry in Column 3; and (c) must comply with each of the requirements in Table 2. Penalty: 5 penalty units. r. 4 -- 9 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 8 Table 2 Column 1 Period Column 2 Maximum driving time Column 3 Minimum non-driving time 5 hours and 30 minutes 5 hours 30 minutes, either as one period or as two periods of 15 minutes each 24 hours 11 hours 13 hours including one period of 5 hours and 30 minutes 168 hours (1 week) 66 hours 102 hours (2) A two-up driver of a commercial bus must spend not less than the following time away from any activities associated with any commercial bus and any load carried by it— (a) in respect of a period of 53 hours, a period of 13 hours or two or more periods totalling 13 hours; or (b) in respect of a period of 672 hours (4 weeks)— (i) a period of 96 hours; or (ii) two or more periods, each of 24 hours or more, totalling 96 hours. Penalty: 5 penalty units. 607. Person who is two-up driver then solo driver during a week If a person is a two-up driver of a commercial bus for a period of 10 hours or more, the person must comply with regulation 606 for 168 hours (1 week) from the start of the two-up driving (whether the person is a solo driver or two-up driver during that week). Penalty: 5 penalty units. r. 4 -- 10 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 9 Division 3—Commercial Trucks 608. Driving hours During a period referred to in Column 1 of Table 3, a driver (whether a solo driver or a two-up driver) of a commercial truck— (a) must not drive for more than the period referred to in the corresponding entry in Column 2; and (b) must have non-driving time of not less than the period referred to in the corresponding entry in Column 3; and (c) must comply with each of the requirements in Table 3. Penalty: 5 penalty units. Table 3 Column 1 Period Column 2 Maximum driving time Column 3 Minimum non-driving time 5 hours and 30 minutes 5 hours 30 minutes, either as one period or as two periods of 15 minutes each 24 hours 12 hours 12 hours including one rest period of 6 hours 168 hours (1 week) 72 hours 96 hours including one period of 24 hours Division 4—Driving records 609. Application of Division This Division (except regulation 619) does not apply in respect of a commercial bus or commercial truck being used on a journey wholly within a radius of 100 kilometres from the place of business from which the bus or truck normally operates. r. 4 -- 11 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 10 610. Obligation to make and carry driving record (1) A driver of a commercial bus or commercial truck must make, or cause to be made, in accordance with regulation 611, a record of the following information and carry it in the vehicle during the period of the record— (a) the starting and finishing times and places for all periods of— (i) solo driving; and (ii) two-up driving (including periods as a passenger); and (iii) non-driving time; and (iv) time spent away from activities associated with the vehicle and any load carried by it; (b) time referred to in regulation 602(1); (c) the date or dates of travel; (d) the driver's name and driver licence number; (e) the registration number of each commercial bus or commercial truck which the driver has driven during the period of the record. Penalty: 5 penalty units. (2) A driver of a commercial bus or commercial truck must carry in the vehicle a record showing all the time within the previous 28 days that he or she has been the solo driver or two-up driver of a commercial bus or commercial truck. Penalty: 5 penalty units. r. 4 -- 12 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 11 (3) If the record referred to in sub-regulation (2) is partly or wholly made by an automatic recording device, the driver must also carry a summary sheet showing the time referred to in sub-regulation (2). 611. Form of driving record (1) A driving record must be— (a) in the form of a log book; and (b) completed in accordance with any instructions in or accompanying the log book. (2) A driver must verify the entries on each page of a log book (other than an automatic recording device) by signing the page in the place indicated after completion of the page. Penalty: applying to this sub-regulation: 5 penalty units. 612. Obtaining a log book (1) A person may, in accordance with this regulation, obtain a log book, other than an automatic recording device, from— (a) the Corporation; or (b) a place which has been declared by the Minister, by notice published in the Government Gazette, to be a place at which log books may be obtained. (2) A person may obtain a log book if— (a) the person pays the appropriate fee; and (b) the person produces— (i) a log book previously issued to the person; or r. 4 -- 13 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 12 (ii) a form complying with sub-regulation (3) and completed by him or her in the presence of an officer of the Corporation; and (c) the person produces a current driver licence or a licence to drive a motor vehicle issued under the law of the State or Territory in which the person ordinarily resides. (3) A form complies with this sub-regulation if it is issued by the Corporation and contains provision for completion of questions disclosing some or all of the following information— (a) whether it is the first issue of a log book to the person; (b) if the log book is to be a replacement for a lost, destroyed or stolen log book— (i) the circumstances under which the previously issued log book was lost, stolen or destroyed; and (ii) the number of the log book being replaced (if known); and (iii) details as to the person's activity during the previous 24 hours (indicating whether or not the person has driven a motor vehicle); (c) the time and duration of the person's most recent period of 24 consecutive hours for rest. r. 4 -- 14 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 13 613. Driver must give driving record to employer (1) If a driver 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 the completed 4 week summary page, or a copy of it, to each employer for whom the driver has worked during that 4 week period, within 14 days after the end of that period. Penalty: 1 penalty unit. (2) If a driver makes a driving record in a log book within the meaning of paragraph (c) or (d) of the definition of "log book" in regulation 601, the driver must give the completed driving record to his or her employer within 6 weeks after the commencement of the period to which the driving record relates. Penalty: 1 penalty unit. (3) A driver's employer must retain a completed driving record or 4 week summary page or copy— (a) for a period of 12 months at the employer's main place of business; and (b) in a form that permits the record to be conveniently audited. Penalty: 3 penalty units. (4) A driver's employer must, if requested to do so by an officer of the Corporation authorised in writing by the Corporation in that behalf or by a member of the police r. 4 -- 15 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 14 force, produce for inspection any document referred to in sub-regulation (3). Penalty: 3 penalty units. 614. Defacing, destroying or altering a log book A person must not without reasonable excuse— (a) deface or destroy a log book or part of a log book; or (b) alter an entry in a log book; or (c) remove a page marked as an original page from a log book. Penalty: 5 penalty units. 615. Making a false statement A person must not make a statement that the person knows is untrue in an application for a log book or in a document offered in support of such an application. Penalty: 5 penalty units. 616. Misusing a log book (1) A person must not without reasonable excuse— (a) use another person's log book; or (b) use a cancelled log book; or (c) possess a log book that— (i) has been defaced, destroyed or altered in contravention of regulation 614; or (ii) was not issued to the person; or (iii) has been recorded as cancelled, lost, stolen or destroyed; or r. 4 -- 16 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 15 (d) possess more than one log book— (i) of a kind referred to in paragraph (a) or (b) of the definition of "log book" in regulation 601 containing pages which have not been used or cancelled; or (ii) of a kind referred to in paragraph (c) or (d) of the definition of "log book" in regulation 601; or (e) permit another person to possess a log book that was issued to the first-mentioned person. Penalty: 5 penalty units. (2) A person must not make, sell or possess anything that purports to be, but is not, a log book. Penalty: 5 penalty units. 617. Unlawful interference with an automatic recording device A person must not, without lawful authority, interfere with an automatic recording device. Penalty: 5 penalty units. 618. Lost, stolen or destroyed log book (1) If a driver's log book is lost, stolen or destroyed, the driver must notify the Corporation in writing not more than 7 days after the loss, theft or destruction. Penalty: 1 penalty unit. (2) If a log book— (a) has been reported as lost or stolen under sub-regulation (1); and r. 4 -- 17 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 16 (b) is returned to its owner— the owner must hand it in to the Corporation. Penalty: 1 penalty unit. 619. Trips under 100 kilometres radius— employer's obligation (1) An employer must make a record of the following information in respect of each journey of a commercial bus or commercial truck being used by an employee wholly within a radius of 100 kilometres from the place of business from which the bus or truck normally operates— (a) the driver's name; (b) the date of the trip; (c) the starting and finishing times and places; (d) the driver's approximate total driving time; (e) the registration number of the bus or truck. Penalty: 3 penalty units. (2) An employer must retain a record made under sub-regulation (1)— (a) for a period of 12 months at the employer's main place of business; and (b) in a form that permits the record to be conveniently audited. Penalty: 3 penalty units. (3) An employer must, if requested to do so by an officer of the Corporation authorised in writing by the Corporation in that behalf or by a member of the police force, produce for r. 4 -- 18 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 17 inspection any record made under sub-regulation (1). Penalty: 3 penalty units. 620. Obligations of interstate drivers It is sufficient compliance with this Part relating to the keeping of driving records if, in relation to periods of driving and rest from driving in another State or Territory before entering Victoria, all records required by this Part are made at the time of entering Victoria. Division 5—Miscellaneous 621. Evidence (1) This regulation applies in relation to a proceeding for an offence against this Part. (2) The production of a book, record or form (including any accompanying instructions) purporting to be a log book for the purposes of this Part is evidence of the form of a log book and of the instructions in accordance with which the driving record must be completed. (3) The statement of a member of the police force or an officer of the Corporation that a book, record or form is, or appears to be, a log book is evidence that the book, record or form is a log book. (4) Evidence that a person was found driving a commercial bus or commercial truck in a place is evidence that the person drove the bus or truck to that place from the place of business from which the bus or truck normally operates. r. 4 -- 19 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 18 622. Exemption—fatigue management programs (1) In this regulation, "fatigue management program" means a program approved by the Corporation of methods to manage fatigue in drivers of commercial buses and commercial trucks. (2) A person who is participating in a fatigue management program in accordance with the terms of its approval is exempt from regulations 605, 606, 607, 608 and 610 in respect of that participation. (3) A program that was approved by the Corporation as a fatigue management program under regulation 614 of these Regulations as in force immediately before the commencement of the Road Safety (Procedures) (Driving Hours) Regulations 1996 is, on and from that commencement, deemed to be a fatigue management program within the meaning of sub-regulation (1). (4) The Corporation may withdraw approval of a fatigue management program.'. 5. Amendment of Schedule 1 In Schedule 1 to the Principal Regulations, in item 19, for "607" substitute "612". 6. Amendment of Schedule 6 In Schedule 6 to the Principal Regulations— (a) for the entries in respect of Codes 2162 and 2163 substitute— "2162 2163 Fail to observe limit on hours of driving Driving record offences –fail to make –fail to carry –deface, destroy or alter log book RS(P)R 605, 606, 608 RS(P)R 610 RS(P)R 610 RS(P)R 614 165 165 165 165 r. 5 -- 20 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 19 –remove page from log book –possess log book not issued to person –possess more than one log book –fail to produce on request RS(P)R 614 RS(P)R 616(1)(c)(ii) RS(P)R 616(1)(d) RSA 59(1)(c) 165 165 165 165"; (b) omit the entry in respect of Code 2164; (c) for the entry in respect of Code 2165 substitute— "2165 Log book not signed RS(P)R 611(2) 165". The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994. Table of Applied, Adopted or Incorporated Matter Statutory Rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 4— proposed regulation 603(1) Sleeping Berth Standards for Commercial Buses formulated by the National Road Transport Commission and approved from time to time by the Ministerial Council for Road Transport The whole Regulation 4— proposed regulation 603(2) Australian Design Rules for Motor Vehicles and Trailers as issued by the Federal Department of Transport from time to time Australian Design Rule 42.15 ═══════════════ r. 6 -- 21 of 22 -- S.R. No. 17/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996 20 NOTES 1 S.R. No. 28/1988. Reprinted to S.R. No. 23/1994 and subsequently amended by S.R. Nos 110/1994, 127/1994, 178/1994, 43/1995, 60/1995, 98/1995, 115/1995, 128/1995, 142/1995 and 154/1995. -- 22 of 22 --