Road Legislation Further Amendment Act 2007

i Road Legislation Further Amendment Act 2007 No. 74 of 2007 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 4 PART 2—AMENDMENT OF ROAD SAFETY ACT 1986 5 3 Definitions 5 4 Definition of driver base 11 5 Driver licences 12 6 Probationary driver licences 12 7 Demerits register 12 8 Definition for Part 5 16 9 New section 68B inserted 16 68B Deliberately or recklessly entering a level crossing when a train or tram is approaching etc. 16 10 Definitions in Part 6AA 17 11 Use of effective statement to avoid liability 19 12 Cancellation of acceptance of statement 22 13 Proceedings against nominated persons 22 14 Defences to operator onus offences 23 15 Relevant offence 23 16 Disclosure of information 23 17 Transitional provisions 25 103N Transitional provisions for operator onus—Road Legislation Further Amendment Act 2007 25 103O Transitional provisions for Demerits Register—Road Legislation Further Amendment Act 2007 25 103P Transitional provisions for level crossings—Road Legislation Further Amendment Act 2007 26 103Q Transitional provisions for fatigue regulated heavy vehicles—Road Legislation Further Amendment Act 2007 26 103R Transitional provisions for certain drivers of fatigue regulated heavy vehicles—Road Legislation Further Amendment Act 2007 27 -- 1 of 227 -- Section Page ii 103S Transitional provisions for existing exemptions for drivers of fatigue regulated heavy vehicles—Road Legislation Further Amendment Act 2007 29 103T Transitional provisions for existing log books—Road Legislation Further Amendment Act 2007 30 18 Definition of driver base 30 19 Definitions of consignor, consignee and loader 30 20 New Part 10A inserted 31 PART 10A—FATIGUE MANAGEMENT REQUIREMENTS 31 Division 1—Interpretation 31 191A Definitions 31 191B Meaning of fatigue regulated heavy vehicle 43 191C Application of Commonwealth Interpretation Act 44 Division 2—Duties to avoid and prevent fatigue 44 191D Driver's duty to avoid driver fatigue 44 191E Duty on parties in the chain of responsibility to prevent driver fatigue 45 191F Duties on employers, prime contractors and operators 46 191G Duties on schedulers 48 191H Duties on consignors and consignees 50 191I Duties on loading managers 53 191J Certain requests etc. prohibited 54 191K Certain contracts prohibited 55 Division 3—Duties relating to work and rest times 56 Subdivision 1—Work and rest times applying to drivers not working under accreditation 56 191L Standard hours—solo drivers 56 191M Standard hours—solo drivers of buses 57 191N Standard hours—two-up drivers 58 Subdivision 2—Work and rest times applying to drivers working under BFM accreditation 59 191O BFM hours—solo drivers 59 191P BFM hours—two-up drivers 60 Subdivision 3—Work and rest hours under AFM accreditation 61 191Q Drivers working under AFM accreditation 61 191R Changing work/rest hours option 64 -- 2 of 227 -- Section Page iii Division 4—Duties relating to record keeping 66 191S Driver must carry work diary 66 191T Information that driver must record in work diary 67 191U How driver must record information in work diary 69 191V Destroyed, lost, stolen or malfunctioning work diaries 71 191W Malfunctioning odometers 73 191X Duty on employers, prime contractors, operators and schedulers to ensure driver compliance 75 Division 5—Records relating to drivers 76 191Y Information that record keeper must record 76 191Z False entries 81 191ZA Keeping 2 work diaries simultaneously prohibited 81 191ZB Possession of purported work records etc. prohibited 82 191ZC Defacing or changing work records etc. prohibited 82 191ZD False representation of work records prohibited 82 191ZE Making entries in someone else's work records prohibited 82 191ZF Destruction of certain work records prohibited 83 191ZG Tampering with electronic work diaries prohibited 83 Division 6—Accreditation and exemptions 84 Subdivision 1—BFM accreditation 84 191ZH Meaning of BFM system 84 191ZI Application for BFM accreditation 85 191ZJ Granting BFM accreditation 86 191ZK BFM accreditation certificate and period of accreditation 87 191ZL Refusal to grant BFM accreditation 87 191ZM Conditions of BFM accreditation 87 191ZN Obligations of operator under BFM accreditation 88 191ZO Operator must advise of change or end of accreditation 89 Subdivision 2—AFM accreditation 89 191ZP Meaning of AFM proposal 89 191ZQ Meaning of AFM system 90 191ZR Application for AFM accreditation 91 191ZS Granting AFM accreditation 91 191ZT AFM accreditation certificate and period of accreditation 93 191ZU Refusal to grant AFM accreditation 94 191ZV Conditions of AFM accreditation 94 191ZW Driver must carry AFM accreditation details 95 -- 3 of 227 -- Section Page iv 191ZX Obligations of operator under AFM accreditation 95 191ZY Operator must advise of change or end of accreditation 97 Subdivision 3—Exemptions 97 191ZZ Exemptions for emergency services 97 191ZZA Work diary exemption 98 Subdivision 4—Variation, suspension or cancellation of accreditation or exemption 100 191ZZB Variation or cancellation of accreditation or exemption—on application 100 191ZZC Grounds for variation—without application 101 191ZZD Grounds for cancellation—without application 102 191ZZE Variation or cancellation of accreditation—without application 103 191ZZF Immediate suspension of accreditation in interest of public safety 104 191ZZG Return of accreditation certificate or exemption 105 Subdivision 5—Miscellaneous provisions relating to accreditation and exemptions 105 191ZZH Replacement of lost etc. accreditation certificates and exemptions 105 191ZZI Offence to falsely represent that accreditation held 106 Division 7—Compliance and enforcement 107 Subdivision 1—Enforcement powers 107 191ZZJ Requiring rest for contravention of maximum work requirement 107 191ZZK Requiring rest for contravention of minimum rest requirement 108 191ZZL Requiring driver to stop working if impaired by fatigue 109 191ZZM Requiring driver to stop working if work diary not produced or unreliable 111 191ZZN Compliance with requirement under this Division 112 Subdivision 2—Reasonable steps and provisions concerning defences 113 191ZZO What constitutes reasonable steps 113 191ZZP Reasonable steps defence 115 191ZZQ Matters relevant to deciding whether acts or omissions constitute all reasonable steps 115 191ZZR Inclusion of reasonable diligence 118 -- 4 of 227 -- Section Page v 191ZZS Compliance with industry code of practice 118 191ZZT Exclusion of mistake of fact defence 119 Subdivision 3—Penalties 119 191ZZU Penalties 119 191ZZV Proceedings for offences 120 191ZZW Deciding whether a person knew or ought reasonably to have known something 122 191ZZX Multiple offenders 122 191ZZY Other powers not affected 123 191ZZZ Contracting out prohibited 123 Division 8—Fatigue Authorities Panel 123 191ZZZA Establishment of Panel 123 191ZZZB Approved matters to be published 124 Division 9—Reconsideration and review of decisions 124 191ZZZC Decisions that may be reconsidered and reviewed 124 191ZZZD Reconsideration of decisions 126 21 New Part 11 heading 127 "PART 11—ADDITIONAL PROVISIONS CONCERNING RELEVANT HEAVY VEHICLE OFFENCES". 127 22 Application of Commonwealth Acts Interpretation Act 1901 127 23 Relevant heavy vehicle offences 127 24 Definitions 128 25 Meaning of associate repealed 128 26 Meaning of operator repealed 128 27 Definitions 128 28 Regulations 129 29 New Schedules 3 to 4A inserted 130 SCHEDULE 3—Work and Rest Hours for Drivers Not Working under Accreditation 130 Table 1—Standard hours—Solo drivers of a fatigue regulated heavy vehicle 130 Table 2—Standard hours—Solo drivers of buses 134 Table 3—Standard hours—Two-up drivers of a fatigue regulated heavy vehicle 138 -- 5 of 227 -- Section Page vi SCHEDULE 4—Work and Rest Hours for Drivers Working Under BFM Accreditation 145 Table 1—BFM hours—Solo drivers of a fatigue regulated heavy vehicle 145 Table 2—BFM hours—Two-up drivers of a fatigue regulated heavy vehicle 151 SCHEDULE 4A—AFM Outer Limits 160 PART 3—AMENDMENT OF CHATTEL SECURITIES ACT 1987 161 30 New section 16B inserted 161 16B Corporation may enter into agreement with sheriff about registration fees 161 31 Section 18 substituted 161 18 Cancellation of registration 161 32 Corporation to record details of cancellation 162 33 Prescribed fees for variation 162 34 Variation of particulars 162 35 Correction of inaccuracies in the register 163 36 Certificate 163 37 New section 24A inserted 164 24A Provision of information other than by certificate 164 38 Regulations 164 PART 4—AMENDMENT OF EASTLINK PROJECT ACT 2004 166 39 Definitions 166 40 New section 197AA inserted 171 197AA Authorisation of authorised persons 171 41 Liability to pay toll charged 172 42 Exemptions from toll and toll administration fees 172 43 Section 199 substituted and new sections 199A and 199B inserted 172 199 Operator not liable if effective tolling statement made 172 199A Cancellation of acceptance of statement 174 199B Offence to provide false or misleading information 175 44 Charge of toll 175 45 Payment of toll 176 46 Division 3 heading amended 176 47 Sections 204 and 205 substituted 177 204 Offence to drive unregistered vehicle in toll zone 177 205 Registration of vehicles 179 205A On-going registration 180 205B Temporary registration 181 -- 6 of 227 -- Section Page vii 205C Information to be given in relation to registration 182 205D Cancellation or suspension of registration 184 48 New section 206A inserted 185 206A Offence to fraudulently induce registration 185 49 New section 206B inserted 186 206B Court to require payment of toll and costs 186 50 Freeway Corporation may notify enforcement agency of non- payment of toll 186 51 New section 207A inserted 187 207A Disputes in relation to payment of tolls 187 52 Power to serve a notice 188 53 Infringement penalty 188 54 Additional effect of expiation 188 55 Section 219 substituted 189 219 Operator onus offence 189 56 New section 219A inserted 189 219A Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone 189 57 Proof that vehicle driven on EastLink 194 58 Evidence of certificate or document from VicRoads 194 59 New section 221A inserted 194 221A General evidentiary provision 194 60 Evidence of certificate issued by Freeway Corporation 195 61 Regulations 195 PART 5—AMENDMENT OF MELBOURNE CITY LINK ACT 1995 196 62 Definitions 196 63 New section 69B inserted 201 69B Authorisation of authorised persons 201 64 Liability to pay toll and toll administration fees 201 65 New sections 72AA and 72AB inserted 203 72AA Cancellation of acceptance of statement 203 72AB Offence to provide false or misleading information 204 66 Charge of toll 204 67 Offence to drive unregistered vehicle in toll zone 204 68 Relevant corporation or authorised person may notify enforcement agency of non-payment of toll 205 69 Disputes in relation to payment of tolls 205 70 Power to serve a notice 206 71 Prescribed penalty 206 72 General evidentiary provisions 206 73 Transitional provisions 207 125 Transitional provisions—Road Legislation Further Amendment Act 2007 207 -- 7 of 227 -- Section Page viii PART 6—AMENDMENT OF ROAD MANAGEMENT ACT 2004 208 74 Definitions 208 75 Powers of a road authority 208 76 General functions 208 77 Street lighting arrangements 209 46A Specific duties and powers in relation to street lighting 209 78 Defence to prove that reasonable care was taken 209 79 New Schedule 7A inserted 210 SCHEDULE 7A—Street Lighting 210 1 Definitions 210 2 Power to install street lighting 210 3 Responsibility for installation and operating costs of street lighting 211 4 Transitional provisions—cost allocation tables for arterial roads 212 PART 7—AMENDMENT OF TRANSPORT ACT 1983 216 80 Delegation 216 81 Repeal of section 55 216 82 Substitution of Roads Corporation as the licensing authority for tow trucks 216 83 Allocation schemes 217 84 Roads Corporation to replace Secretary 217 85 Repeal of Schedule 5 217 PART 8—REPEAL OF AMENDING ACT 218 86 Repeal of Act 218 ═══════════════ ENDNOTES 219 -- 8 of 227 -- 1 Road Legislation Further Amendment Act 2007 † No. 74 of 2007 [Assented to 18 December 2007] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The main purpose of this Act is— (a) to amend the Road Safety Act 1986— (i) to include provisions providing for fatigue management for drivers of certain heavy vehicles; and Victoria -- 9 of 227 -- Part 1—Preliminary Road Legislation Further Amendment Act 2007 No. 74 of 2007 2 (ii) to introduce a new offence for drivers who deliberately or recklessly enter level crossings when warning devices are operating or a train or tram is approaching; and (iii) to allow for the use of VicRoads' records— (A) to assist in locating missing persons; and (B) to facilitate the reunion of families and friends; and (C) to facilitate road safety related research projects; and (D) to assist infrastructure managers to carry out the managers' functions under the Road Management Act 2004; and (iv) to clarify the operator onus provisions in Part 6AA for the purposes of tolling offences; and (v) to enable VicRoads to delay sending a demerit point suspension notice if a demerit point option notice is returned as undeliverable; and (vi) to allow VicRoads to grant people under the age of 21 years driver licences for different terms than those that apply to older drivers; and (vii) to empower regulations in respect of learner drivers to make different provision for drivers of different ages; and s. 1 -- 10 of 227 -- Part 1—Preliminary Road Legislation Further Amendment Act 2007 No. 74 of 2007 3 (viii) to clarify that a Ministerial order that recognises laws of other States or of Territories for the purposes of determining a person's liability for repeat drink-driving and drug-driving offences may include offences under laws that have been repealed or expired; and (b) to amend the Chattel Securities Act 1987 to clarify provisions regarding the registration of security interests in motor vehicles, including clarification of the power to make regulations imposing fees, and the ability to waive or reduce those fees in certain circumstances; and (c) to amend the EastLink Project Act 2004 to ensure that the tolling provisions in that Act include recent reforms to operator onus offences and the provisions are more consistent with those that apply under the Melbourne City Link Act 1995; and (d) to amend the Melbourne City Link Act 1995 to apply recent reforms to operator onus offences to City Link tolling, so that recipients of tolling invoices who were not driving can nominate the responsible person in relation to the vehicle; and (e) to amend the Road Management Act 2004 to establish a new set of arrangements for the funding and management of street lighting on arterial roads between the State and local governments, and to make amendments in relation to road management functions; and s. 1 -- 11 of 227 -- Part 1—Preliminary Road Legislation Further Amendment Act 2007 No. 74 of 2007 4 (f) to amend the Transport Act 1983 to transfer responsibility for the provisions regarding tow trucks from the Director of Public Transport and the Secretary to the Department of Infrastructure to VicRoads. 2 Commencement (1) Subject to subsections (2) to (7), this Act comes into operation on the day after the day on which it receives the Royal Assent. (2) Subject to subsections (3) to (6), sections 3, 4, 6, 10 to 14, 18 to 29, 33, 34, 35(2) and 37 and Parts 4 and 5 come into operation on a day or days to be proclaimed. (3) If sections 3 and 4 and 18 to 29 do not come into operation before 1 October 2008, those provisions come into operation on that day. (4) If section 6 does not come into operation before 1 July 2008, it comes into operation on that day. (5) If sections 10 to 14 and Parts 4 and 5 do not come into operation before 1 September 2008 those provisions come into operation on that day. (6) If sections 33, 34, 35(2) and 37 do not come into operation before 14 September 2008, those provisions come into operation on that day. (7) Sections 75, 77 and 79 come into operation on 1 January 2008. __________________ s. 2 -- 12 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 5 PART 2—AMENDMENT OF ROAD SAFETY ACT 1986 3 Definitions In section 3(1) of the Road Safety Act 1986— (a) for the definition of associate substitute— "associate, of another person, means any of the following persons— (a) a spouse, parent, brother, sister or child of the other person; (b) a member of the other person's household; (c) a partner of the other person; (d) a trustee or beneficiary of the same trust as the other person; (e) a trustee of a trust of which the other person is a beneficiary; (f) a beneficiary of a trust of which the other person is a trustee; (g) a body corporate if the other person is a director or member of the governing body of the body corporate; (h) a director or member of the governing body of a body corporate if the other person is the body corporate; (i) a body corporate (other than a public company whose shares are listed on a stock exchange) of which the other person is a shareholder; s. 3 See: Act No. 127/1986. Reprint No. 10 as at 9 November 2006 and amending Act Nos 19/1991, 97/2005, 48/2006, 81/2006, 14/2007, 30/2007 and 52/2007. LawToday: www. legislation. vic.gov.au -- 13 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 6 (j) a shareholder of the other person if the other person is a body corporate (other than a public company whose shares are listed on a stock exchange); (k) a related body corporate of the other person within the meaning of the Corporations Act; (l) a person with whom a chain of relationships with the other person can be traced under any one or more of the above paragraphs;"; (b) for the definition of consignee substitute— "consignee, in relation to goods transported or to be transported by a heavy vehicle or a fatigue regulated heavy vehicle— (a) means the person who— (i) has consented to being, and is, named or otherwise identified as the intended consignee of the goods in the transport documentation for the consignment; or (ii) actually receives the goods after the goods are transported by road; but (b) does not include a person who merely unloads or unpacks the goods;"; (c) for the definition of consignor substitute— "consignor of goods is a person who— (a) with the person's authority, is named or otherwise identified as the consignor of the goods in the s. 3 -- 14 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 7 transport documentation relating to the transport of the goods by road; or (b) engages an operator of a vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or (c) has possession of, or control over, the goods immediately before the goods are transported by road; or (d) loads a vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is unattended (except by a driver of the vehicle, a trainee driver or any person necessary for the normal operation of the vehicle) during loading; or (e) if the goods are imported into Australia, imports the goods;"; (d) for the definition of driver base substitute— "driver base, in relation to a heavy vehicle or a fatigue regulated heavy vehicle, means— (a) in the case of a vehicle that is not part of a group of vehicles— (i) the place recorded for the time being as the driver base in the log book or work diary kept by the driver of the vehicle; or s. 3 -- 15 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 8 (ii) if no place is recorded as specified in subparagraph (i)—the garage address of the vehicle, as recorded— (A) by the Corporation; or (B) if the vehicle is registered in another State or Territory, by the registration authority of that State or Territory; or (iii) if no place is recorded as specified in subparagraph (i) or (ii)—the place from which the driver normally works and receives instructions; or (b) in the case of a group of vehicles— (i) the place recorded for the time being as the driver base in the log book or work diary kept by the driver of the group; or (ii) if no place is recorded as specified in subparagraph (i)—the garage address of each vehicle in the group, as recorded— (A) by the Corporation; or (B) if a vehicle is registered in another State or Territory, by the registration authority of that State or Territory; or s. 3 -- 16 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 9 (iii) if no place is recorded as specified in subparagraph (i) or (ii)—the place from which the driver normally works and receives instructions;"; (e) for the definitions of garage address of a vehicle and garage address of a heavy vehicle substitute— "garage address, of a vehicle, means— (a) in the case of a heavy vehicle that is normally kept at a depot or base of operations when not in use, the principal depot or base of operations of the vehicle; or (b) in the case of a heavy vehicle that is normally kept on a highway when not in use— (i) if the vehicle has only one registered operator, the home address of the registered operator; or (ii) if the vehicle has more than one registered operator, the home address of the registered operator whose home address is nearest to the highway where it is kept; or (c) in any other case, the place nominated by the applicant for registration as the place where the vehicle is normally kept;"; s. 3 -- 17 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 10 (f) for the definition of loader substitute— "loader means— (a) a person who loads a vehicle or combination with goods for transport by road; or (b) a person who loads a vehicle or combination with a freight container (whether or not containing goods) for transport by road; or (c) without limiting paragraph (a) or (b), a person who loads a freight container already in or on a vehicle or combination with goods for transport by road; or (d) a person who supervises an activity mentioned in paragraph (a), (b) or (c); or (e) a person who manages or controls an activity mentioned in paragraph (a), (b), (c) or (d);"; (g) for the definition of operator substitute— "operator means— (a) in the case of a vehicle (including a vehicle in a group of vehicles that are physically connected)— the person responsible for controlling or directing the operations of the vehicle; or (b) in the case of a group of vehicles that are physically connected—the person responsible for controlling or directing the operations of the towing vehicle in the group; but s. 3 -- 18 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 11 does not include a person merely because the person owns a vehicle or does any or all of the following— (c) drives a vehicle; (d) maintains or arranges for the maintenance of a vehicle; (e) arranges for the registration of a vehicle;"; (h) insert the following definitions— "beneficiary, of a trust, includes an object of a discretionary trust; business day means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993; fatigue regulated heavy vehicle has the meaning given by section 191B; registered industry code of practice means an industry code of practice for which registration is in force under section 93B;"; (i) in paragraph (d) of the example at the foot of the definition of journey documentation, after "log book entry," insert "a work diary,". 4 Definition of driver base After section 3 of the Road Safety Act 1986 insert— "3AAA Definition of driver base For the purposes of the definition of driver base in section 3(1)— (a) a group of vehicles means a heavy vehicle or fatigue regulated heavy s. 4 -- 19 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 12 vehicle that is physically connected to one or more other vehicles (even if those other vehicles are not heavy vehicles or fatigue regulated heavy vehicles); and (b) if a driver is a self-employed driver and an employed driver at different times, the driver may have one driver base as a self-employed driver and another driver base as an employed driver; and (c) if a driver has 2 or more employers, the driver may have a different driver base in relation to each employer.". 5 Driver licences After section 19(2) of the Road Safety Act 1986 insert— "(2A) Without limiting subsection (2)(b), a regulation for the purposes of that paragraph may provide for different procedures or requirements depending on a person's age, experience or any other factor.". 6 Probationary driver licences After section 21(3) of the Road Safety Act 1986 insert— "(4) Without limiting subsection (3), regulations for the purpose of this section may provide that probationary driver licences granted to persons under the age of 21 may have longer terms than the terms that usually apply to probationary drivers licences granted to persons who are 21 years of age or more.". 7 Demerits register (1) In section 25(3) of the Road Safety Act 1986, after "a notice" insert "(a demerit point option notice)". s. 5 -- 20 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 13 (2) In section 25(3A) of the Road Safety Act 1986, for "that notice" substitute "a demerit point option notice". (3) In sections 25(3B) and 25(3C) of the Road Safety Act 1986, for "notice served under subsection (3)" (wherever occurring) substitute "demerit point option notice". (4) In sections 25(3B) and 25(3C) of the Road Safety Act 1986, for "notice under subsection (3)" (wherever occurring) substitute "demerit point option notice". (5) For section 25(3D) of the Road Safety Act 1986 substitute— "(3D) If a person on whom a demerit point option notice is served does not, in accordance with subsection (3A), notify the Corporation that the person elects to extend the demerit point period, the Corporation must— (a) for a demerit point option notice returned to the Corporation as undelivered to the person— (i) decide to serve another demerit point option notice on the person under subsection (3) as soon as practicable after the person— (A) next applies for or renews the person's driver licence or learner permit; or (B) next applies to register, or renew the registration of, a motor vehicle for which the person is the registered operator; or s. 7 -- 21 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 14 (C) otherwise advises the Corporation of the person's current address; or (ii) take action under paragraph (b); or (b) otherwise—suspend the person's driver licence (whether or not a probationary driver licence) or learner permit for the period calculated in accordance with subsection (3E). (3E) For the purposes of subsection (3D)(b), the period for which a person's driver licence or learner permit must be suspended is— (a) 3 months, and an additional 1 month for each 4 demerit points in excess of 12 recorded against the person as at the date the demerit point option notice was issued— (i) for a full driver licence; or (ii) for a learner permit or probationary driver licence if the person also holds, or has held, a full driver licence; or (iii) for a learner permit or probationary driver licence if the person incurred 12 or more demerit points within any 3 year period but not 5 or more within any 12 month period; or (b) 3 months, and an additional 1 month for each 4 demerit points in excess of 5 recorded against the person as at the date the demerit point option notice was issued— (i) for a learner permit or probationary driver licence; and s. 7 -- 22 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 15 (ii) if the person does not hold, and has never held, a full driver licence; and (iii) if the person incurred 5 or more demerit points within any 12 month period. (3F) If the Corporation suspends a person's driver licence or learner permit under subsection (3D)(b), the Corporation must, when calculating demerit points recorded against the person at any time after the end of the period of suspension, disregard all demerit points recorded against the person as at the date of issue of the demerit point option notice.". (6) In section 25(4) of the Road Safety Act 1986, for "notice served under subsection (3) or (3B)(c)" substitute "demerit point option notice or a notice under subsection (3B)(c)". (7) After section 25(4) of the Road Safety Act 1986 insert— "(4AA) For the purposes of subsection (4), if a demerit point option notice is returned to the Corporation as undelivered to the person and the Corporation decides, under subsection (3D)(a)(i), to serve another demerit point option notice on the person, the suspension takes effect on and from the date specified in the later notice.". (8) In sections 25(4A) and 25(4B) of the Road Safety Act 1986, for "notice under subsection (3) or (3B)(c)" (wherever occurring) substitute "demerit point option notice or a notice under subsection (3B)(c)". s. 7 -- 23 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 16 8 Definition for Part 5 In section 47A(2) of the Road Safety Act 1986, after "Territory" insert ", including a law that has been repealed or has expired,". 9 New section 68B inserted After section 68A of the Road Safety Act 1986 insert— "68B Deliberately or recklessly entering a level crossing when a train or tram is approaching etc. (1) A driver of a vehicle must not, deliberately or recklessly, enter a level crossing if— (a) warning lights (for example, twin red lights or rotating red lights) are operating or warning bells are ringing; or (b) a gate, boom or barrier at the crossing is closed or is opening or closing; or (c) a train or tram is on or entering the crossing; or (d) a train or tram approaching the crossing can be seen from the crossing, or is sounding a warning, and there would be a danger of a collision with the train or tram if the driver entered the crossing; or (e) the driver cannot drive through the crossing because the crossing, or a road beyond the crossing, is blocked. Penalty: 30 penalty units. (2) On convicting a person, or finding a person guilty, of an offence under subsection (1), the court must— s. 8 -- 24 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 17 (a) if the offender holds a driver licence or permit, suspend the licence or permit for a period of not less than 3 months; or (b) if the offender does not hold a driver licence or permit, disqualify the offender from obtaining one for a period of not less than 3 months.". 10 Definitions in Part 6AA In section 84BB of the Road Safety Act 1986— (a) insert the following definitions— "authorised tolling person means— (a) a person authorised in writing under section 69B of the Melbourne City Link Act 1995 to carry out functions under Part 4 of that Act; or (b) a person authorised in writing under section 197AA of the EastLink Project Act 2004 to carry out functions under Part 9 of that Act; tolling nomination statement, in relation to a tolling offence, means a statement in writing made by an authorised tolling person to the effect that the authorised tolling person believes that the person nominated in the statement is the responsible person in relation to a motor vehicle at the time of the tolling offence; s. 10 -- 25 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 18 tolling offence means an offence involving a motor vehicle against section 73(1) of the Melbourne City Link Act 1995 or section 204(1) of the EastLink Project Act 2004;"; (b) in the definition of effective, after "a sold vehicle statement" insert ", a tolling nomination statement"; (c) in the definition of illegal user statement, omit "and giving reasons for that belief"; (d) in the definition of known user statement— (i) in paragraph (b), for "attached; and" substitute "attached;"; (ii) paragraph (c) is repealed; (e) for the definition of nomination rejection statement substitute— "nomination rejection statement means a statement in writing made by a person nominated in a known user statement, a sold vehicle statement or a tolling nomination statement as being the responsible person in relation to a motor vehicle or trailer to the effect— (a) if nominated in a known user statement, that the person had not had possession or control of the motor vehicle or trailer, as the case requires, before the offence, as stated in the known user statement, and did not have possession or control of it at the time of the offence; and (b) if nominated in a sold vehicle statement, that the motor vehicle or trailer, as the case requires, had s. 10 -- 26 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 19 not been sold or disposed of to the person, and that no interest in it had otherwise vested in the person, as stated in the sold vehicle statement; and (c) if nominated in a tolling nomination statement, that the person was not the responsible person in relation to the motor vehicle at the time of the tolling offence as stated in the tolling nomination statement;"; (f) in the definition of responsible person, for paragraph (d) substitute— "(d) in the case of a tolling offence, without limiting paragraphs (a), (b) and (c), the person nominated in an effective tolling nomination statement;"; (g) in the definition of unknown user statement— (i) after "trailer" (where first occurring) insert "(other than a tolling offence)"; (ii) in paragraph (b), omit "and giving reasons for not knowing and not being able to ascertain the identity of that person". 11 Use of effective statement to avoid liability (1) In section 84BE(1) of the Road Safety Act 1986— (a) in paragraph (a), after "the person" insert ", or an authorised tolling person,"; (b) for paragraph (a)(iv) substitute— "(iv) subject to subsection (1A), an unknown user statement; or"; s. 11 -- 27 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 20 (c) after paragraph (a)(iv) insert— "(v) a tolling nomination statement; and". (2) After section 84BE(1) of the Road Safety Act 1986 insert— "(1A) A person nominated in a tolling nomination statement may not make, or give to an enforcement official, an unknown user statement in relation to a tolling offence.". (3) In section 84BE(2) of the Road Safety Act 1986— (a) for "statement or a" substitute "statement, a"; (b) after "vehicle statement" insert "or a tolling nomination statement"; (c) after paragraph (b) insert— "(ba) reasons for nominating the individual under paragraph (a) or person under paragraph (b); and". (4) In section 84BE(4) of the Road Safety Act 1986— (a) for "statement or a" substitute "statement, a"; (b) after "vehicle statement" insert "or a tolling nomination statement". (5) After section 84BE(4) of the Road Safety Act 1986 insert— "(4A) If an authorised tolling person gives an enforcement official a tolling nomination statement, and the nomination made in the statement is based on a belief formed after receiving a statement or statements made under Part 4 of the Melbourne City Link s. 11 -- 28 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 21 Act 1995 or Part 9 of the EastLink Project Act 2004— (a) an enforcement official may request the statement or statements be given to the official; and (b) the authorised tolling person must give a copy or copies of the statement or statements made under the Melbourne City Link Act 1995 or the EastLink Project Act 2004 to the official as soon as practicable after the official makes the request.". (6) For section 84BE(5) of the Road Safety Act 1986 substitute— "(5) An enforcement official may decide to accept an illegal user statement as an effective statement for the purposes of this Part if satisfied as to the matters, and any reasons set out in support of those matters, stated in the statement. (5A) An enforcement official may decide to accept an unknown user statement as an effective statement if the enforcement official is satisfied that it states— (a) that, at the time of the offence, the person was not driving, or had not at that time possession or control of the motor vehicle or trailer or the motor vehicle to which the trailer was attached; and (b) reasons in support of the matters raised under paragraph (a) that— (i) are adequate and reasonable in the circumstances; and s. 11 -- 29 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 22 (ii) explain why the person could not, with reasonable diligence, ascertain the identity of the person who was at that time driving or at that time was last known to have had possession or control of the motor vehicle or trailer, or the motor vehicle to which the trailer was attached.". (7) In section 84BE(6) of the Road Safety Act 1986— (a) for "or sold" substitute ", sold"; (b) after "vehicle statement" insert "or tolling nomination statement"; (c) for "or (5)" substitute ", (5) or (5A)". 12 Cancellation of acceptance of statement In section 84BF(1)(a) of the Road Safety Act 1986— (a) for "statement or a" substitute "statement, a"; (b) after "vehicle statement" insert "or a tolling nomination statement". 13 Proceedings against nominated persons (1) In section 84BG(1) of the Road Safety Act 1986— (a) for "or sold" substitute ", sold"; (b) after "vehicle statement" insert "or tolling nomination statement". s. 12 -- 30 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 23 (2) In section 84BG(2) of the Road Safety Act 1986— (a) for "or sold" substitute ", sold"; (b) after "vehicle statement" insert "or tolling nomination statement". 14 Defences to operator onus offences (1) After section 84BH(b) of the Road Safety Act 1986 insert— "(ba) that the acceptance as an effective statement for the purposes of this Part of a tolling nomination statement made by an authorised tolling person ought not to have been cancelled under section 84BF(1);". (2) In section 84BH(c) of the Road Safety Act 1986— (a) for "or sold" substitute ", sold"; (b) after "vehicle statement" insert "or tolling nomination statement"; (c) for "incorrect;" substitute "incorrect.". (3) Section 84BH(d) of the Road Safety Act 1986 is repealed. 15 Relevant offence After paragraph (e) of the definition of relevant offence in section 84C(1) of the Road Safety Act 1986 insert— "(ea) an offence against section 68B;". 16 Disclosure of information After section 92(3)(ib) of the Road Safety Act 1986 insert— "(ic) to or by a person or body, approved by the Minister by notice in the Government Gazette for the purposes of this paragraph, to s. 16 -- 31 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 24 enable the person or body to locate and contact individuals— (i) for the purpose of locating missing persons for non-commercial, humanitarian purposes; or (ii) for facilitating the reunion of families and friends for non-commercial, humanitarian purposes; or Example The use of driver licence and vehicle registration records by a welfare agency for the purpose of reuniting members of refugee communities with families and friends within Victoria or in other parts of the world. (id) for the purposes of the Corporation conducting road safety research or disseminating information or advice on road safety to road users generally or a particular class of road users; or Example Using driver licence and vehicle registration records for the purposes of conducting a survey of licence holders to gather data for use in developing road safety policies and programs. (ie) to or by a road authority or utility (within the meaning of the Road Management Act 2004) for the purposes of issuing or defending civil proceedings relating to— (i) the road authority's or utility's road management functions within the meaning of the Road Management Act 2004; or (ii) damage to infrastructure, within the meaning of the Road Management Act 2004, resulting from road accidents; or". s. 16 -- 32 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 25 17 Transitional provisions After section 103M of the Road Safety Act 1986 insert— "103N Transitional provisions for operator onus—Road Legislation Further Amendment Act 2007 (1) The amendments made to a section of this Act by any of the following provisions of the Road Legislation Further Amendment Act 2007 only apply to offences alleged to have been committed on or after the commencement of that provision— (a) section 10; (b) section 11; (c) section 12; (d) section 13; (e) section 14. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of a provision of the Road Legislation Further Amendment Act 2007 referred to in subsections (1)(a) to (1)(e), the offence is alleged to have been committed before the commencement of that provision. 103O Transitional provisions for Demerits Register—Road Legislation Further Amendment Act 2007 The amendments made to section 25 of this Act by section 7 of the Road Legislation Further Amendment Act 2007 apply to a demerit point option notice served on a person after the commencement of that section 7, whether the demerit points to s. 17 -- 33 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 26 which the notice relates were incurred before or after that commencement. 103P Transitional provisions for level crossings—Road Legislation Further Amendment Act 2007 (1) Section 68B of this Act, as inserted by section 9 of the Road Legislation Further Amendment Act 2007, and paragraph (ea) of the definition of relevant offence in section 84C(1) of this Act, as inserted by section 15 of that Act, apply only to offences alleged to have been committed on or after the commencement of sections 9 or 15. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of sections 9 and 15 of the Road Legislation Further Amendment Act 2007, the offence is alleged to have been committed before the commencement of those provisions. 103Q Transitional provisions for fatigue regulated heavy vehicles—Road Legislation Further Amendment Act 2007 (1) Part 10A of this Act, as inserted by section 20 of the Road Legislation Further Amendment Act 2007, applies only to offences alleged to have been committed on or after the commencement of that section 20. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 20 of the Road Legislation Further Amendment Act 2007, the offence is alleged to have been s. 17 -- 34 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 27 committed before the commencement of that provision. 103R Transitional provisions for certain drivers of fatigue regulated heavy vehicles—Road Legislation Further Amendment Act 2007 (1) Despite anything to the contrary in this Act but subject to subsection (6), until the expiry of 6 months after the commencement of Part 10A, as inserted by section 20 of the Road Legislation Further Amendment Act 2007— (a) a driver may drive at BFM hours if, immediately before that commencement, the driver— (i) was exempt under the regulations from complying with the requirements in the regulations relating to maximum working times and minimum rest times for drivers because the driver was a participant in a fatigue management program approved under the regulations and known as a transitional fatigue management program; or (ii) was exempt under a law of another State or of a Territory from complying with the requirements relating to maximum working times and minimum rest times for drivers applying under the law in that State or Territory because the driver was a participant in a fatigue management program corresponding to the program s. 17 -- 35 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 28 referred to in subparagraph (i); and (b) a driver who, immediately before that commencement, was exempt under a law of another State or of a Territory from the requirements relating to maximum working times and minimum rest times for drivers applying under the law in that State or Territory because the driver was a participant in a fatigue management program known as a fatigue management pilot, may drive at the hours approved in the exemption. (2) Subsection (1)(a) does not apply— (a) at any time that the driver is in breach of any condition or requirement of the fatigue management program in which the driver is a participant; or (b) if the fatigue management program is cancelled. (3) Subsection (1)(b) does not apply— (a) at any time that the driver is in breach of any condition or requirement of the exemption under the fatigue management program; or (b) if the exemption is cancelled. (4) For the purposes of this section, a driver is not in breach of any condition or requirement referred to in subsection (2) or (3) if, instead of recording any entry the driver was required to record in a log book, the driver records the entry in a work diary issued under Part 10A. s. 17 -- 36 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 29 (5) For the purposes of this section, if a driver's employer has yet to obtain BFM accreditation, it is sufficient compliance with any requirement of this Act to record a BFM accreditation number if the employer's TFMS or FMS exemption registration number is recorded instead. (6) The Corporation may withdraw approval of a fatigue management program given under the regulations. 103S Transitional provisions for existing exemptions for drivers of fatigue regulated heavy vehicles—Road Legislation Further Amendment Act 2007 (1) This section applies if, immediately before the commencement of Part 10A, as inserted by section 20 of the Road Legislation Further Amendment Act 2007, a driver was exempted under the regulations from the requirement to make records in the driver's log book. (2) The exemption is taken to be a work diary exemption made under Part 10A. (3) Unless cancelled sooner under Part 10A, the exemption continues to apply— (a) for the period stated in the exemption; or (b) if the exemption does not state a period, for 3 years after the exemption took effect. s. 17 -- 37 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 30 103T Transitional provisions for existing log books—Road Legislation Further Amendment Act 2007 (1) A driver working under standard hours may continue to use a log book issued under the regulations for 90 days after the commencement of Part 10A, as inserted by section 20 of the Road Legislation Further Amendment Act 2007, as if the regulations providing for driving hours for drivers continued to apply. (2) A driver cannot work under BFM hours or AFM hours unless the driver has surrendered the driver's log book and has obtained a work diary.". 18 Definition of driver base Section 108 of the Road Safety Act 1986 is repealed. 19 Definitions of consignor, consignee and loader (1) Section 171(1) of the Road Safety Act 1986 is repealed. (2) Section 173(1) of the Road Safety Act 1986 is repealed. (3) Section 176(1) of the Road Safety Act 1986 is repealed. s. 18 -- 38 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 31 20 New Part 10A inserted After Part 10 of the Road Safety Act 1986 insert— "PART 10A—FATIGUE MANAGEMENT REQUIREMENTS Division 1—Interpretation 191A Definitions In this Part— 100+ km work, for the driver of a fatigue regulated heavy vehicle, means the driver is driving in an area that has a radius of more than 100 km from the vehicle's driver base; accreditation means— (a) AFM accreditation; or (b) BFM accreditation; ADR 42 means the national standard described as ADR 42 as in force from time to time under the Motor Vehicle Standards Act 1989 of the Commonwealth; AFM accreditation means accreditation granted under section 191ZS, or a corresponding fatigue law, that is in force; AFM proposal has the meaning given by section 191ZP; AFM hours means the work times and rest times set out in an AFM accreditation for a driver working under the accreditation; s. 20 -- 39 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 32 AFM outer limits are the limits set in Schedule 4A; AFM standards and business rules means the standards and business rules for AFM accreditation specified by the Fatigue Authorities Panel; AFM system has the meaning given by section 191ZQ; approved sleeper berth means— (a) for a vehicle other than a bus—a driver's sleeper berth that complies with ADR 42 or with a standard for sleeper berths that is specified by the Fatigue Authorities Panel and is able to be used by the driver when taking rest; or (b) for a bus—a driver's sleeper berth that complies with a standard for sleeper berths that is specified by the Fatigue Authorities Panel and is able to be used by the driver when taking rest; BFM accreditation means accreditation granted under section 191ZJ, or a corresponding fatigue law, that is in force; BFM hours means the work times and rest times set out in Schedule 4 for a driver working under BFM accreditation; BFM standards and business rules means the standards and business rules for BFM accreditation specified by the Fatigue Authorities Panel; s. 20 -- 40 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 33 BFM system has the meaning given by section 191ZH; corresponding fatigue law means— (a) a law in force in another jurisdiction corresponding to this Part; or (b) a law of another jurisdiction that is declared under the regulations to be a corresponding fatigue law, whether or not the law corresponds, or substantially corresponds, to this Part; critical risk offence means an offence that is specified in this Part or Schedule 3 or 4 as a critical risk offence; driver means the driver of a fatigue regulated heavy vehicle and includes an employed driver and a self-employed driver; electronic work diary means a device that— (a) is approved by the Corporation in accordance with the regulations; and (b) is fitted to a fatigue regulated heavy vehicle to monitor the work and rest times of the vehicle's driver; employed driver means a driver who is employed by someone else to drive a fatigue regulated heavy vehicle; s. 20 -- 41 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 34 employer means a person who engages someone else to drive a fatigue regulated heavy vehicle under a contract of employment, apprenticeship or training; Example A labour hire company. entry, in a work record, includes an annotation made in the record by an inspector; Fatigue Authorities Panel means the panel established under section 191ZZZA; fatigue impairment requirement means a requirement under this Part relating to a requirement that a person must not drive a fatigue regulated heavy vehicle while impaired by fatigue; fatigue management requirement means— (a) a fatigue impairment requirement; or (b) a maximum work requirement; or (c) a minimum rest requirement; or (d) a work diary requirement; impaired by fatigue, for a driver, means the driver is fatigued to the extent that the driver is incapable of driving a vehicle safely; loading manager means— (a) a person who manages, or is responsible for the operation of, premises at which usually on a business day at least 5 fatigue regulated heavy vehicles are loaded with goods for transport, or s. 20 -- 42 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 35 have goods that the vehicles have transported unloaded; or (b) a person who directly or indirectly supervises, manages or controls the loading or unloading of fatigue regulated heavy vehicles at premises referred to in paragraph (a); long/night work time means— (a) any work time of more than 12 hours in a 24 hour period; or (b) any work time between midnight and 6 a.m. (or the equivalent hours in the time zone of the driver base of the vehicle if it is on a journey); maximum work requirement means a requirement under this Part or Schedule 3 or 4 relating to the maximum period a driver, or two-up driver, of a fatigue regulated heavy vehicle may drive a fatigue regulated heavy vehicle, or otherwise work, without taking a rest; minimum rest requirement means a requirement under this Part or Schedule 3 or 4 relating to the minimum period a driver, or two-up driver, of a fatigue regulated heavy vehicle must rest to break up the period of time the driver, or two-up driver, drives a fatigue regulated heavy vehicle or otherwise works; minor risk offence means an offence that is specified in this Part or Schedule 3 or 4 as a minor risk offence; s. 20 -- 43 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 36 motor home— (a) means a rigid or articulated motor vehicle or combination that is built, or has been modified, primarily for residential purposes; and (b) does not include a motor vehicle that is merely a motor vehicle constructed with a sleeper berth; night rest break means— (a) 7 hours of continuous and stationary rest time taken between 10 p.m. on a day and 8 a.m. on the next day, using the time zone of the driver base of the vehicle; or (b) 24 hours of continuous and stationary rest time; participating jurisdiction means— (a) this jurisdiction; or (b) another jurisdiction, if that jurisdiction has a corresponding fatigue law; party in the chain of responsibility, in relation to a fatigue regulated heavy vehicle, means any of the following persons— (a) the employer of the driver of the vehicle; (b) the prime contractor of the driver; (c) the operator of the vehicle; s. 20 -- 44 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 37 (d) the scheduler of goods or passengers for transport by the vehicle, and the scheduler of its driver; (e) the consignor of goods for transport by the vehicle; (f) the consignee of goods for transport by the vehicle; (g) the loading manager of goods for transport by the vehicle; (h) the loader of goods on to the vehicle; (i) the unloader of goods from the vehicle; prime contractor means a person who engages someone else to drive a fatigue regulated heavy vehicle under a contract for services; Example A logistics business that engages a subcontractor to transport goods. record keeper, for a driver, means— (a) for an employed driver working under standard hours—the employer; or (b) for a self-employed driver working under standard hours— the self-employed driver; or (c) for an employed or self-employed driver working under an operator's accreditation—the operator; s. 20 -- 45 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 38 record location, for a driver, means— (a) the place which the record keeper has told the driver is the driver's record location; or (b) if the record keeper has not told the driver a place under paragraph (a), the driver base of the fatigue regulated heavy vehicle; rest time, for a driver, means the time that is not work time for the driver; scheduler means a person who— (a) schedules a driver's work time or rest time; or (b) schedules the transport of passengers or goods by road; severe risk offence means an offence that is specified in this Part or Schedule 3 or 4 as a severe risk offence; solo driver means a driver who is not a party to a two-up driving arrangement; specified, in relation to an offence, means the offence is specified as a particular type of offence either— (a) directly by a statement or other indication in the provision creating the offence that the offence is an offence of that particular type; or (b) by a statement that the penalty for the offence is the penalty for that type of offence; s. 20 -- 46 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 39 standard hours means the work times and rest times applying under this Part to a driver if the driver is not working under an accreditation; stationary rest time means rest time that a driver spends— (a) out of a fatigue regulated heavy vehicle; or (b) in an approved sleeper berth of a stationary fatigue regulated heavy vehicle; substantial risk offence means an offence that is specified in this Part or Schedule 3 or 4 as a substantial risk offence; suitable rest place, for fatigue regulated heavy vehicles, means— (a) a rest area that is designated by the Corporation for use by fatigue regulated heavy vehicles and able to be used by fatigue regulated heavy vehicles; or (b) a place at which fatigue regulated heavy vehicles may be safely parked; or (c) another place prescribed under the regulations to be a suitable rest place for fatigue regulated heavy vehicles; s. 20 -- 47 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 40 supplementary record means a record that— (a) is not made in a written or electronic work diary; and (b) is at least as accurate and understandable as, and is made in a similar form to, a record made in a written or electronic work diary; unloader means— (a) a person who unloads from a fatigue regulated heavy vehicle goods that have been transported by road; or (b) a person who unloads from a bulk container or freight container on a fatigue regulated heavy vehicle, or a tank that is part of a fatigue regulated heavy vehicle, goods that have been transported by road; or (c) a person who unloads from a fatigue regulated heavy vehicle a freight container, whether or not it contains goods, that have been transported by road; work diary requirement means a requirement under this Part relating to a driver keeping a work diary or another record; work record means a work diary or a record required to be kept under section 191Y; s. 20 -- 48 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 41 work/rest change, for a driver, means— (a) a change for the driver from work time to rest time; or (b) a change for the driver from rest time to work time; or (c) a change for the driver from being a solo driver to being a two-up driver; or (d) a change for the driver from being a two-up driver to being a solo driver; work/rest hours option sets out the maximum work time and minimum rest time that a driver must have and includes— (a) standard hours; and (b) BFM hours; and (c) AFM hours; work time, for a driver, means— (a) the time the driver spends driving a fatigue regulated heavy vehicle, whether or not it is on a road and includes— (i) being in the driver's seat of the vehicle while its engine is running; and (ii) being in the vehicle for the purpose of instructing or supervising another person driving the vehicle; and s. 20 -- 49 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 42 (b) any other time the driver spends doing tasks that are related to the operation of a fatigue regulated heavy vehicle, including for example— (i) loading or unloading the vehicle; and (ii) inspecting, servicing or repairing the vehicle; and (iii) inspecting or attending to the load on the vehicle; and (iv) attending to the passengers of a bus; and (v) cleaning or refuelling the vehicle; and (vi) performing marketing tasks in relation to the operation of the vehicle, including arranging, or canvassing, for the transport of passengers or goods; and (vii) helping with, or supervising, an activity mentioned in subparagraph (i), (ii), (iii), (iv), (v) or (vi); and (viii) recording information, or completing a document, in accordance with this Act or otherwise, in relation to the operation of the vehicle. s. 20 -- 50 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 43 191B Meaning of fatigue regulated heavy vehicle (1) A heavy vehicle is a fatigue regulated heavy vehicle if it is any of the following— (a) a motor vehicle with a GVM of more than 12 tonnes; (b) a combination with a GVM of more than 12 tonnes; (c) a bus. (2) However, a heavy vehicle is not a fatigue regulated heavy vehicle if it is any of the following— (a) a tram; (b) a motor vehicle that— (i) is built, or has been modified, primarily to operate as a machine or implement off-road, on a road- related area, or on an area of road that is under construction; and (ii) is not capable of carrying goods or passengers by road; Examples The following are examples of vehicles of a type referred to in paragraph (b)— agricultural machine, backhoe, bulldozer, excavator, forklift, front-end loader, grader, tractor, motor vehicle registered as a special purpose vehicle. The following are examples of vehicles not of a type referred to in paragraph (b)— truck-mounted crane, truck-mounted drilling rig. (c) a motor home. s. 20 -- 51 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 44 191C Application of Commonwealth Interpretation Act (1) The Acts Interpretation Act 1901 of the Commonwealth applies to the interpretation of this Part, except that, in relation to Victoria, "Ministerial Order" refers to an order made by the responsible Minister of Victoria. (2) This section does not prevent the Interpretation of Legislation Act 1984 from applying to this Part to the extent that it can do so consistently with the application of the Acts Interpretation Act 1901 of the Commonwealth. Division 2—Duties to avoid and prevent fatigue 191D Driver's duty to avoid driver fatigue (1) A person must not drive a fatigue regulated heavy vehicle on a road while the person is impaired by fatigue. Penalty: the penalty for a severe risk offence. (2) A person charged with an offence under subsection (1) does not have the benefit of the mistake of fact defence. Note Section 191ZZT sets out how subsection (2) operates. s. 20 -- 52 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 45 191E Duty on parties in the chain of responsibility to prevent driver fatigue (1) A party in the chain of responsibility in relation to a fatigue regulated heavy vehicle must take all reasonable steps to ensure that a person does not drive the vehicle on a road while the person is impaired by fatigue. Penalty: the penalty for a critical risk offence. (2) A person charged with an offence under subsection (1) does not have the benefit of the mistake of fact defence. Note Section 191ZZT sets out how subsection (2) operates. (3) For the purposes of subsection (1), evidence— (a) that a party complied with a relevant prescribed fatigue duty under another law is evidence that the party took all the reasonable steps required by that subsection; and (b) that an operator complied with the requirement of the operator's accreditation is evidence that the operator took all the reasonable steps required by that subsection. (4) In a prosecution for an offence under subsection (1), it is not necessary to prove that any particular person drove, or would or may have driven, the vehicle on a road while impaired by fatigue. s. 20 -- 53 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 46 (5) In this section— prescribed fatigue duty under another law means a duty under another law of this jurisdiction, or of another participating jurisdiction, prescribed by the regulations for the purposes of this section. 191F Duties on employers, prime contractors and operators (1) This section applies to— (a) the employer of an employed driver; and (b) the prime contractor of a self-employed driver; and (c) the operator of the fatigue regulated heavy vehicle if the driver is to make a journey for the operator. (2) The employer, prime contractor and operator must take all reasonable steps to ensure that the employer's, prime contractor's or operator's business practices will not cause or permit the driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver's work/rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option. Penalty: the penalty for a severe risk offence. s. 20 -- 54 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 47 (3) The employer must not cause or permit the driver to drive the vehicle unless— (a) the employer has complied with subsection (2); and (b) the employer, after making reasonable inquiries, is satisfied that the scheduler has complied with section 191G. Penalty: the penalty for a substantial risk offence. (4) The prime contractor or operator must not cause or permit the driver to drive the vehicle, or enter into a contract with the driver to that effect, unless— (a) the prime contractor or operator has complied with subsection (2); and (b) the prime contractor or operator, after making reasonable inquiries, is satisfied that the scheduler has complied with section 191G. Penalty: the penalty for a substantial risk offence. (5) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note Section 191ZZT sets out how subsection (5) operates. (6) In this section— business practices, of an employer, prime contractor or operator, means the practices of the employer, prime contractor or operator in running the business, and includes— s. 20 -- 55 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 48 (a) the operating policies and procedures of the business; and (b) the human resource and contract management arrangements of the business; and (c) arrangements for managing safety. 191G Duties on schedulers (1) This section applies to the scheduler of— (a) a fatigue regulated heavy vehicle; or (b) a driver. (2) The scheduler must take all reasonable steps to ensure that a driver's schedule for driving the vehicle will not cause or permit the driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver's work/rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option. Penalty: the penalty for a severe risk offence. (3) The scheduler must not cause or permit the driver to drive the vehicle unless— (a) the scheduler has complied with subsection (2); and s. 20 -- 56 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 49 (b) the driver's schedule for driving the vehicle allows for— (i) the driver to take rest breaks in accordance with the driver's work/rest hours option; and Examples • Ensuring that a driver is able to take a short rest break at a suitable location. • Ensuring that a driver is able to take a long rest break at a location where facilities that enable adequate rest to be taken are available . (ii) traffic conditions and other delays that could reasonably be expected. Examples • The actual average speed able to be travelled lawfully and safely by the driver on the route in question. • Known traffic conditions such as road works or traffic congestion on the route in question. • Delays caused by loading, unloading or queuing. Penalty: the penalty for a substantial risk offence. (4) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note Section 191ZZT sets out how subsection (4) operates. s. 20 -- 57 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 50 191H Duties on consignors and consignees (1) This section applies to— (a) the consignor of goods for transport by a fatigue regulated heavy vehicle; and (b) the consignee of goods for transport by a fatigue regulated heavy vehicle. (2) The consignor and consignee must take all reasonable steps to ensure that the terms of consignment including, for example, the delivery time, will not result in, encourage or provide an incentive to the driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver's work/rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option. Penalty: the penalty for a severe risk offence. (3) The consignor and consignee must take all reasonable steps to ensure that the terms of consignment, including, for example, the delivery time, will not result in, encourage or provide an incentive to the employer of an employed driver, prime contractor of a self- employed driver or operator of the fatigue regulated heavy vehicle to cause or permit the driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver's work/rest hours option; or s. 20 -- 58 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 51 (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option. Penalty: the penalty for a severe risk offence. (4) The consignor or consignee must not cause or permit the driver to drive the vehicle, or enter into a contract to that effect, unless— (a) the consignor or consignee has complied with subsections (2) and (3); and (b) for an employed driver—the consignor or consignee, after making reasonable inquiries, is satisfied that— (i) the driver's employer and the operator of the driver's vehicle have complied with section 191F; and (ii) the scheduler has complied with section 191G; and (c) for a self-employed driver—the consignor or consignee, after making reasonable inquiries, is satisfied that— (i) if the driver has a prime contractor—the prime contractor of the driver has complied with section 191F; and (ii) the scheduler has complied with section 191G. Penalty: the penalty for a substantial risk offence. s. 20 -- 59 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 52 (5) The consignor or consignee must not make a demand that affects, or that may affect, a time in a schedule for the transport of the consigned goods and that may cause or permit the driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver's work/rest hours option; or (c) drive while in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option. Penalty: the penalty for a severe risk offence. (6) Subsection (5) does not apply if the consignor or consignee, before making the demand— (a) complies with subsections (2) and (3); and (b) is satisfied, after making reasonable inquiries, that the making of the demand will not cause or permit a person to contravene section 191D. (7) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note Section 191ZZT sets out how subsection (7) operates. s. 20 -- 60 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 53 191I Duties on loading managers (1) A loading manager must take all reasonable steps to ensure that the arrangements for loading and unloading fatigue regulated heavy vehicles at the premises at which he or she is the loading manager will not cause or permit a driver to— (a) drive while impaired; or (b) drive while in breach of the driver's work/rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option. Penalty: the penalty for a severe risk offence. Examples • Providing for rest to be taken with adequate facilities. • Providing for the reporting of travel delays and providing a mechanism for managing late arrivals. • Allowing loading and unloading to occur at an agreed time. • Having a system of setting and allocating loading and unloading times that a driver can reasonably rely on to comply with the driver's work/rest hours option. (2) The loading manager must take all reasonable steps to ensure that the driver is able to take rest while waiting for the vehicle to be loaded or unloaded if the loading manager, or a person acting under the loading manager's supervision or control— s. 20 -- 61 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 54 (a) has advised the driver, either directly or indirectly, of when the loading or unloading of the vehicle is to finish, and the loading manager or other person becomes aware that the loading or unloading will, or is likely to, finish more than 30 minutes late; or (b) is unable to advise the driver of when the loading or unloading of the vehicle is to finish. Example Providing a system of notifying the driver when the driver's vehicle can be loaded or unloaded that does not require the driver to be awake. Penalty: the penalty for a substantial risk offence. (3) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note Section 191ZZT sets out how subsection (3) operates. 191J Certain requests etc. prohibited A person must not ask, direct or require (directly or indirectly) a driver or a party in the chain of responsibility to do something the person knows, or reasonably ought to know, would have the effect of causing or permitting the driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver's work/rest hours option; or s. 20 -- 62 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 55 (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option. Example A requirement that the driver complete a journey in a time that the person knows or reasonably ought to know cannot be complied with unless the driver commits a speeding offence or does not take all the rest breaks the driver is required to take. Penalty: the penalty for a critical risk offence. 191K Certain contracts prohibited (1) A person must not enter into a contract with a driver or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would have the effect of causing or permitting a driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver's work/rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option. Penalty: the penalty for a critical risk offence. (2) A person must not enter into a contract with a driver or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would encourage or provide an incentive for a party in the chain of responsibility to cause or permit a driver to— s. 20 -- 63 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 56 (a) drive while impaired by fatigue; or (b) drive while in breach of the driver's work/rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option. Penalty: the penalty for a critical risk offence. Division 3—Duties relating to work and rest times Subdivision 1—Work and rest times applying to drivers not working under accreditation 191L Standard hours—solo drivers (1) This section applies to a solo driver, including a solo driver of a bus, who is not working under an accreditation. (2) In any period mentioned in column 1 of Table 1 in Schedule 3, the solo driver— (a) must not work for more than the time set out opposite in column 2 of that Table; and (b) must have the rest of that period off work, with at least the rest time set out opposite in column 3 of that Table. (3) A party in the chain of responsibility for the fatigue regulated heavy vehicle must ensure the driver does not contravene subsection (2). s. 20 -- 64 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 57 (4) A person who contravenes subsection (2) or (3)— (a) is guilty of an offence; and (b) is liable to the penalty for the category of offence set out in column 4 of the Table, opposite the relevant period. (5) A person charged with an offence under subsection (4) does not have the benefit of the mistake of fact defence. Note Section 191ZZT sets out how subsection (5) operates. (6) However, a person, other than the solo driver or the operator of the vehicle, charged with an offence against subsection (4) has the benefit of the reasonable steps defence. (7) This section does not apply to the solo driver of a bus if the solo driver complies with section 191M. 191M Standard hours—solo drivers of buses (1) This section applies to a solo driver of a bus who is not working under an accreditation. (2) In any period mentioned in column 1 of Table 2 in Schedule 3, the solo driver— (a) must not work for more than the time set out opposite in column 2 of that Table; and (b) must have the rest of that period off work, with at least the rest time set out opposite in column 3 of that Table. (3) A party in the chain of responsibility for the bus must ensure the driver does not contravene subsection (2). s. 20 -- 65 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 58 (4) A person who contravenes subsection (2) or (3)— (a) is guilty of an offence; and (b) is liable to the penalty for the category of offence set out in column 4 of the Table, opposite the relevant period. (5) A person charged with an offence under subsection (4) does not have the benefit of the mistake of fact defence. Note Section 191ZZT sets out how subsection (5) operates. (6) However, a person, other than the solo driver or the operator of the bus, charged with an offence against subsection (4) has the benefit of the reasonable steps defence. (7) This section does not apply to the solo driver of a bus if the solo driver complies with section 191L. 191N Standard hours—two-up drivers (1) This section applies to a two-up driver who is not working under an accreditation. (2) In any period mentioned in column 1 of Table 3 in Schedule 3, the two-up driver— (a) must not work for more than the time set out opposite in column 2 of that Table; and (b) must have the rest of that period off work, with at least the rest time set out opposite in column 3 of that Table. (3) A party in the chain of responsibility for the fatigue regulated heavy vehicle must ensure the driver does not contravene subsection (2). s. 20 -- 66 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 59 (4) A person who contravenes subsection (2) or (3)— (a) is guilty of an offence; and (b) is liable to the penalty for the category of offence set out in column 4 of the Table, opposite the relevant period. (5) A person charged with an offence under subsection (4) does not have the benefit of the mistake of fact defence. Note Section 191ZZT sets out how subsection (5) operates. (6) However, a person, other than the two-up driver or the operator of the vehicle, charged with an offence against subsection (4) has the benefit of the reasonable steps defence. Subdivision 2—Work and rest times applying to drivers working under BFM accreditation 191O BFM hours—solo drivers (1) This section applies to a solo driver, including a solo driver of a bus, who is working under BFM accreditation. (2) In any period mentioned in column 1 of Table 1 in Schedule 4, the solo driver— (a) must not work for more than the time set out opposite in column 2 of that Table; and (b) must have the rest of that period off work, with at least the rest time set out opposite in column 3 of that Table. (3) A party in the chain of responsibility for the fatigue regulated heavy vehicle must ensure the driver does not contravene subsection (2). s. 20 -- 67 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 60 (4) A person who contravenes subsection (2) or (3)— (a) is guilty of an offence; and (b) is liable to the penalty for the category of offence set out in column 4 of the Table, opposite the relevant period. (5) A person charged with an offence under subsection (4) does not have the benefit of the mistake of fact defence. Note Section 191ZZT sets out how subsection (5) operates. (6) However, a person, other than the solo driver or the operator of the vehicle, charged with an offence against subsection (4) has the benefit of the reasonable steps defence. 191P BFM hours—two-up drivers (1) This section applies to a two-up driver of a fatigue regulated heavy vehicle who is working under BFM accreditation. (2) In any period mentioned in column 1 of Table 2 in Schedule 4, the two-up driver— (a) must not work for more than the time set out opposite in column 2 of that Table; and (b) must have the rest of that period off work, with at least the rest time set out opposite in column 3 of that Table. (3) A party in the chain of responsibility for the fatigue regulated heavy vehicle must ensure the driver does not contravene subsection (2). s. 20 -- 68 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 61 (4) A person who contravenes subsection (2) or (3)— (a) is guilty of an offence; and (b) is liable to the penalty for the category of offence set out in column 4 of the Table, opposite the relevant period. (5) A person charged with an offence under subsection (4) does not have the benefit of the mistake of fact defence. Note Section 191ZZT sets out how subsection (5) operates. (6) A person, other than the two-up driver or the operator of the vehicle, charged with an offence against subsection (4) has the benefit of the reasonable steps defence. Subdivision 3—Work and rest hours under AFM accreditation 191Q Drivers working under AFM accreditation (1) This section applies to a driver who is working under AFM accreditation. (2) In any period specified in the certificate for the AFM accreditation under which the driver is working, the driver— (a) must not work for more than the maximum work time specified in that certificate; and (b) must have at least the minimum rest time specified in that certificate. (3) A party in the chain of responsibility for the fatigue regulated heavy vehicle must ensure the driver does not contravene subsection (2). s. 20 -- 69 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 62 (4) A person who contravenes subsection (2) or (3)— (a) is guilty of an offence; and (b) is liable to the penalty for the relevant category of offence referred to in subsection (7), (8), (9) or (10) (as the case requires). (5) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note Section 191ZZT sets out how subsection (5) operates. (6) A person, other than the driver or the operator of the vehicle, charged with an offence against subsection (4) has the benefit of the reasonable steps defence. (7) An offence under subsection (4) is a minor risk offence if the contravention of subsection (2) or (3) is because— (a) the driver's work time exceeds the maximum work time specified in the AFM accreditation certificate by 45 minutes or less; or (b) the driver has a rest time that is not more than 45 minutes less than the minimum time specified in the certificate. (8) An offence under subsection (4) is a substantial risk offence if the contravention of subsection (2) or (3) is because— (a) the driver's work time— (i) exceeds the maximum time specified in the AFM accreditation certificate by more than s. 20 -- 70 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 63 45 minutes but not more than 75 minutes; or (ii) exceeds the AFM outer limit by 15 minutes or less; or (b) the driver has a rest time that— (i) is less than the minimum time specified in the certificate by more than 45 minutes but not more than 75 minutes; or (ii) is less than the minimum AFM outer limit by 15 minutes or less. (9) An offence under subsection (4) is a severe risk offence if the contravention of subsection (2) or (3) is because— (a) the driver's work time— (i) exceeds the maximum time specified in the AFM accreditation certificate by more than 75 minutes but not more than 90 minutes; or (ii) exceeds the AFM outer limit by more than 15 minutes but not more than 30 minutes; or (b) the driver has a rest time that— (i) is less than the minimum time specified in the certificate by more than 75 minutes but not more than 90 minutes; or (ii) is less than the minimum AFM outer limit by more than 15 minutes but not more than 30 minutes. s. 20 -- 71 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 64 (10) An offence under subsection (4) is a critical risk offence if the contravention of subsection (2) or (3) is because— (a) the driver's work time— (i) exceeds the maximum time specified in the AFM accreditation certificate by more than 90 minutes; or (ii) exceeds the AFM outer limit by more than 30 minutes; or (b) the driver has a rest time that— (i) is less than the minimum rest time specified in the certificate by more than 90 minutes; or (ii) is less than the minimum AFM outer limit by more than 30 minutes. 191R Changing work/rest hours option (1) A driver may drive under only one work/rest hours option at any one time. (2) However, a driver may change from one work/rest hours option to a different work/rest hours option. (3) A driver must not drive a fatigue regulated heavy vehicle after changing from one work/rest hours option to a different work/rest hours option unless— (a) if the change is from standard hours or BFM hours—either— (i) the driver is in compliance with all the work and rest time requirements of the work/rest hours option to which the driver has changed; or s. 20 -- 72 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 65 (ii) the driver has had a reset rest break; and (b) if the change is from AFM hours—the driver has had a reset rest break; and Example • If the driver is changing from BFM hours to standard hours, the driver may need to take a longer rest break before starting driving under the different work/rest hours option, or may need to take earlier rest breaks before working under the different work/rest hours option, or may choose to have a reset rest break instead. • If the driver is changing from AFM hours, the driver must take a reset rest break before driving a fatigue regulated heavy vehicle under the different work/rest hours option. (c) the driver complies with all other requirements of the work/rest hours option to which the driver has changed. Example If the driver is changing to BFM or AFM hours, the driver should be inducted into the operator's BFM or AFM system. Penalty: the penalty for a substantial risk offence. (4) If a driver has had a reset rest break between changing from one work/rest hours option to a different work/rest hours option, the operator of any fatigue regulated heavy vehicle driven by the driver, and the driver's scheduler, must— (a) ensure that the driver does not drive a fatigue regulated heavy vehicle after making the change unless the driver has complied with subsection (3); and s. 20 -- 73 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 66 (b) take whatever action is necessary to ensure the driver can comply with the driver's obligations in relation to the change. Penalty: the penalty for a severe risk offence. (5) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note Section 191ZZT sets out how subsection (5) operates. (6) However, a scheduler charged with an offence against subsection (4) has the benefit of the reasonable steps defence. (7) In this section— reset rest break means a rest break of at least the prescribed length of time. Division 4—Duties relating to record keeping 191S Driver must carry work diary (1) This section applies to a driver if the driver— (a) is engaged in 100+ km work; or (b) was engaged in 100+ km work in the last 28 days; or (c) is driving under an accreditation; or (d) was driving under an accreditation in the last 28 days. s. 20 -- 74 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 67 (2) While driving a fatigue regulated heavy vehicle, the driver must keep in the vehicle a work diary that contains, for the last 28 days, the information required by section 191T to be recorded in the diary. Penalty: 60 penalty units. 191T Information that driver must record in work diary (1) This section applies to a driver on a day (a relevant day) on which the driver— (a) engages in 100+ km work; or (b) is working under an accreditation. (2) Immediately after starting work on the relevant day, the driver must record— (a) the day of the week and date; and (b) the driver's name; and (c) the driver's current driver licence number, and the jurisdiction in which the licence was issued; and (d) whether the driver is working under standard hours (including whether the driver is working under standard hours for solo drivers of a bus) or under an accreditation; and (e) if the driver is working under an accreditation—the number of the operator's accreditation; and (f) details of the vehicle's driver base, unless the driver has previously recorded the details and the details are still current; and s. 20 -- 75 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 68 (g) details of the driver's record location, unless the driver has previously recorded the details and the details are still current; and (h) details of the time zone of the driver base of the vehicle. Penalty: 20 penalty units. (3) Immediately before or after a work/rest change on a relevant day, the driver must record— (a) the nature of the work/rest change; and (b) the work time or rest time spent anywhere by the driver since the last work/rest change; and (c) the time and place of the work/rest change; and (d) the odometer reading at that time; and (e) the registration number shown on— (i) the number plate of the fatigue regulated heavy vehicle that the driver drives; or (ii) if the driver drives a fatigue regulated heavy vehicle that is a motor vehicle being used in combination with one or more trailers—the number plate of the motor vehicle; and (f) if the driver is or becomes a two-up driver—the following information about the other driver in the two-up driving arrangement— (i) the other driver's name; s. 20 -- 76 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 69 (ii) the other driver's driver licence number; (iii) the number of the other driver's work diary; (iv) the participating jurisdiction that issued the other driver's work diary. Penalty: 20 penalty units. (4) Immediately before finishing work on a relevant day, the driver must record the total of the work time and the total of the rest time the driver has had that day. Penalty: 20 penalty units. (5) If this section requires a driver to record information before beginning to engage in 100+ km work on a day, it is a defence for the driver to prove that, at the time of the offence— (a) the driver was unaware the driver would be engaging in 100+ km work on the day; and (b) the driver recorded the information in the driver's work diary as soon as practicable after becoming aware the driver would be engaging in 100+ km work on the day. 191U How driver must record information in work diary (1) A driver must record information in a written work diary in the following way— (a) the written work diary must be a diary that has not been cancelled by the Corporation; s. 20 -- 77 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 70 (b) the information for each day must be written on a separate daily sheet in the work diary; (c) if the driver has a work/rest change— the information after the work/rest change must be written on a separate daily sheet in the work diary; (d) information must be written on a daily sheet as required by the instructions in the work diary for recording information on daily sheets; (e) the daily sheets in the work diary must be used in turn from the front of the work diary; (f) each daily sheet must— (i) be signed and dated by the driver; and (ii) if the driver is driving under a two-up arrangement—signed by the other two-up driver; (g) information must be written on a daily sheet with enough pressure to ensure that a readable record of the information appears on a duplicate of the daily sheet; (h) other information must be written in the work diary as required by the instructions in the work diary for the recording of the information. Penalty: 20 penalty units. (2) A driver must record information in an electronic work diary in the way required by— (a) the Corporation; or s. 20 -- 78 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 71 (b) if the Corporation does not make a requirement—the manufacturer's instructions for recording information in the work diary. Penalty: 20 penalty units. (3) A driver must record time in a work diary according to the time zone in the place where the driver base of the vehicle is, rather than the time zone in the place where the driver is. Penalty: 20 penalty units. 191V Destroyed, lost, stolen or malfunctioning work diaries (1) It is a defence for an offence against section 191S(2) for the driver to prove that— (a) at the time of the offence the driver's work diary had been filled up, destroyed, lost or stolen or, for an electronic work diary, was malfunctioning; and (b) the driver complied with subsection (2) or (4); and (c) until the driver was issued with a replacement work diary or the electronic work diary was in working order, the driver was recording the information required by section 191T in a supplementary record; and (d) while driving a fatigue regulated heavy vehicle, the driver kept in the vehicle the supplementary record that contained information for the last 28 days. s. 20 -- 79 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 72 (2) As soon as practicable, and within 2 business days, after the driver becomes aware that the written work diary has been destroyed, lost or stolen, the driver must give the Corporation written notice of that happening. Penalty: 40 penalty units. (3) If a lost or stolen written work diary (the old work diary) is found by, or returned to, the driver after a replacement work diary has been issued to the driver, the driver must— (a) immediately cancel any unused daily sheets in the old work diary by writing "cancelled" in large letters across each unused sheet; and (b) if the old work diary was found or returned— (i) within 28 days after it was lost or stolen— (A) immediately notify the Corporation in writing that it has been found or returned; and (B) give it to the Corporation as soon as is practicable after the 28 day period ends; or (ii) more than 28 days after it was lost or stolen, give it to the Corporation as soon as is practicable after it is found or returned. Penalty: 40 penalty units. (4) If a driver becomes aware or reasonably suspects that an electronic work diary fitted to the driver's fatigue regulated heavy vehicle is malfunctioning, the driver must s. 20 -- 80 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 73 inform the driver's record keeper of that as soon as practicable, and within 2 business days. Penalty: 40 penalty units. (5) Also, in the case of an electronic work diary that includes or forms part of an intelligent transport system approved under Part 12, if a person on whom an obligation to report a malfunction of or tampering with a system under that Part becomes aware or reasonably suspects that the electronic work diary is malfunctioning, the person must inform the record keeper of that as soon as practicable, and within 2 business days. Penalty: 40 penalty units. (6) As soon as is practicable after being informed under subsection (4) or (5), the record keeper must ensure that the electronic work diary is examined and brought into working order. Penalty: 40 penalty units. (7) However, a person charged with an offence against subsection (5) or (6) has the benefit of the reasonable steps defence. 191W Malfunctioning odometers (1) It is a defence for an offence against section 191T(3)(d) for the driver to prove that— (a) at the time of the offence, the odometer was malfunctioning; and (b) the driver complied with subsection (3). s. 20 -- 81 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 74 (2) The owner of a fatigue regulated heavy vehicle must ensure that an odometer that is fitted to the vehicle is maintained to the standard specified by the Fatigue Authorities Panel. Penalty: 200 penalty units, in the case of a corporation; 40 penalty units, in any other case. (3) If a driver becomes aware or reasonably suspects that an odometer fitted to the vehicle is malfunctioning, the driver must inform the following persons of that as soon as practicable, and within 2 business days— (a) the owner of the vehicle; (b) if the driver is an employed driver—the driver's employer; (c) the operator of the vehicle. Penalty: 40 penalty units. (4) As soon as is practicable after being informed under subsection (3), the owner of the fatigue regulated heavy vehicle must ensure that the odometer is examined and brought into working order. Penalty: 200 penalty units, in the case of a corporation; 40 penalty units, in any other case. (5) The driver's employer and the operator of the vehicle must ensure that the owner complies with subsection (4). Penalty: 200 penalty units, in the case of a corporation; 40 penalty units, in any other case. s. 20 -- 82 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 75 (6) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note Section 191ZZT sets out how subsection (6) operates. (7) However, if the driver's employer or the owner of the vehicle is charged with an offence against this section the employer or owner has the benefit of the reasonable steps defence. 191X Duty on employers, prime contractors, operators and schedulers to ensure driver compliance (1) The following persons must ensure that a driver complies with the requirements of this Division— (a) the driver's employer if the driver is an employed driver; (b) the driver's prime contractor if the driver is a self-employed driver; (c) the operator of the fatigue regulated heavy vehicle that is being, or to be, driven by the driver; (d) the scheduler of the driver of, or of the goods or passengers being or to be transported on, the fatigue regulated heavy vehicle that is being, or to be, driven by the driver. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. s. 20 -- 83 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 76 (2) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note Section 191ZZT sets out how subsection (2) operates. (3) However, a person, other than the operator of the vehicle, charged with an offence under subsection (1) has the benefit of the reasonable steps defence. Division 5—Records relating to drivers 191Y Information that record keeper must record (1) If a driver is driving in an area that has a radius of 100 km or less from the vehicle's driver base and is under standard hours, the driver's record keeper— (a) must record— (i) the driver's name, driver licence number and contact details; and (ii) the dates on which the driver drives a fatigue regulated heavy vehicle on a road; and (iii) the registration number shown on— (A) the number plate of the fatigue regulated heavy vehicle that the driver drives; or (B) if the driver drives a fatigue regulated heavy vehicle that is a motor vehicle being used in combination with one or more trailers—the number s. 20 -- 84 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 77 plate of the motor vehicle; and (iv) the total of the driver's work and rest times on each day when the driver drives a fatigue regulated heavy vehicle on a road; and (v) the total of the driver's work and rest times for each week when the driver drives a fatigue regulated heavy vehicle on a road; and (vi) the driver's rosters and trip schedules, including details of driver changeovers; and (b) must keep a copy of payment records relating to the driver, including timesheet records if the driver is paid according to time at work. Penalty: 100 penalty units, in the case of a corporation; 20 penalty units, in any other case. (2) If a driver is engaging in 100+ km work, or is working under an accreditation, the driver's record keeper— (a) must record— (i) the driver's name, driver licence number and contact details; and (ii) the driver's rosters and trip schedules, including details of driver changeovers; and (b) must keep a copy of all duplicate pages and other copies of work diary entries given to him or her under subsection (7); and s. 20 -- 85 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 78 (c) must keep a copy of payment records relating to the driver, including timesheet records if the driver is paid according to time at work. Penalty: 100 penalty units, in the case of a corporation; 20 penalty units, in any other case. (3) If a driver is working under an accreditation, the record keeper must also record— (a) any information required to be kept as a condition of the accreditation; and (b) any information required to be kept under the BFM or AFM standards and business rules. Penalty: 100 penalty units, in the case of a corporation; 20 penalty units, in any other case. (4) The record keeper must keep a record that is required to be kept under this section for 3 years after it is created. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. (5) The record keeper must keep the records at the record location so that the records are reasonably accessible to an inspector. Penalty: 100 penalty units, in the case of a corporation; 20 penalty units, in any other case. s. 20 -- 86 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 79 (6) The record keeper must keep the records in a way that ensures the records— (a) are readable and reasonably capable of being understood; and (b) are capable of being used as evidence. Penalty: 100 penalty units, in the case of a corporation; 20 penalty units, in any other case. Example A record keeper should keep copies of records in storage facilities that will ensure the records do not degrade or could become unreadable. This could include scanning relevant hard copy records and retaining them in electronic format so they remain clearly readable. (7) Within 21 days after a day on which the driver drove a fatigue regulated heavy vehicle, the driver must give a copy of the driver's diary entries (including any entries made in any supplementary record) for that day to each person who was a record keeper for the driver on that day. Penalty: 20 penalty units. (8) The record keeper must ensure the driver complies with subsection (7). Penalty: 100 penalty units, in the case of a corporation; 20 penalty units, in any other case. s. 20 -- 87 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 80 (9) If a driver changes record keepers, the driver must, before driving a fatigue regulated heavy vehicle for the new record keeper, give the new record keeper a copy of the information recorded in any work diary that the driver was required to keep in the 28 days before the change occurred that relates to that 28 day period. Penalty: 20 penalty units. (10) If subsection (9) imposes a duty on a driver, the new record keeper must not require or allow the driver to drive a fatigue regulated heavy vehicle for the new record keeper unless the driver has complied with subsection (9). Penalty: 100 penalty units, in the case of a corporation; 20 penalty units, in any other case. (11) If the driver's work diary is an electronic work diary, the record keeper must give the driver a printout of the information recorded in the work diary for any relevant day on which the driver was using the electronic work diary before the driver stops using the electronic work diary. Penalty: 100 penalty units, in the case of a corporation; 20 penalty units, in any other case. (12) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note Section 191ZZT sets out how subsection (12) operates. s. 20 -- 88 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 81 (13) However, a record keeper charged with an offence against this section has the benefit of the reasonable steps defence. 191Z False entries A person must not record an entry in a work record or a supplementary record that the person knows, or reasonably ought to know, is false or misleading in any significant respect. Penalty: 100 penalty units. 191ZA Keeping 2 work diaries simultaneously prohibited (1) A driver must not have in the driver's possession more than one written work diary in which information can be recorded on a daily sheet. Penalty: 60 penalty units. (2) A driver must not record information for the same period in more than one work diary. Penalty: 100 penalty units. Example The driver must not record information for the same period in a written work record as well as in an electronic work diary. However, it is not an offence for the driver to record in a written diary information about the work done in the morning for Mrs A, and to record in an electronic work diary information about the work done in the afternoon for Mr B. s. 20 -- 89 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 82 191ZB Possession of purported work records etc. prohibited A driver or record keeper must not have in the driver's or record keeper's possession something purporting to be a work record if the driver or record keeper knows, or reasonably ought to know, that it is not a work record. Penalty: 500 penalty units, in the case of a corporation; 100 penalty units, in any other case. 191ZC Defacing or changing work records etc. prohibited A person must not deface or change an entry in a work record that the person knows, or reasonably ought to know, is correct. Penalty: 100 penalty units. 191ZD False representation of work records prohibited A person must not falsely represent that a work record, or an entry in a work record, was made by the person. Penalty: 100 penalty units. 191ZE Making entries in someone else's work records prohibited (1) A person must not make an entry in someone else's work record. Penalty: 100 penalty units. s. 20 -- 90 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 83 (2) Subsection (1) does not apply to— (a) a person who is the nominee of a driver and makes the entry in the driver's work diary as required by a work diary exemption applying to the driver; or (b) an inspector; or (c) the person's fellow two-up driver, to the extent of the two-up driver's signature. 191ZF Destruction of certain work records prohibited If a work record is required under this Part to be kept for a particular period by a person, the person or someone else must not destroy the record before the end of the period. Penalty: 100 penalty units. 191ZG Tampering with electronic work diaries prohibited (1) A person must not tamper with the operation of an electronic work diary. Penalty: 100 penalty units. (2) A record keeper and a driver must ensure that a person does not tamper with the operation of an electronic work diary. Penalty: 500 penalty units, in the case of a corporation; 100 penalty units, in any other case. (3) If an electronic work diary being used by a driver includes or forms part of an intelligent transport system approved under Part 12, a person on whom an obligation to report a malfunction of or tampering with the system under that Part must ensure that a person s. 20 -- 91 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 84 does not tamper with the operation of an electronic work diary under this Part. Penalty: 500 penalty units, in the case of a corporation; 100 penalty units, in any other case. (4) Subsection (1) does not apply to— (a) a person who is repairing a malfunctioning electronic work diary or servicing the diary; or (b) a person who is authorised by the Corporation; or (c) an inspector. (5) A record keeper charged with an offence against subsection (2) has the benefit of the reasonable steps defence. (6) In this section— tamper with an electronic work diary means engage in conduct that— (a) results, or may result, in the diary malfunctioning; or (b) alters, or may alter, any of the data recorded by the diary. Division 6—Accreditation and exemptions Subdivision 1—BFM accreditation 191ZH Meaning of BFM system (1) A BFM system, for the operator of a fatigue regulated heavy vehicle, means the operator's management system for ensuring compliance with the BFM standards and business rules. s. 20 -- 92 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 85 (2) An operator's BFM system must include— (a) recording the name, driver licence number and contact details of each driver who is currently under the operator's BFM accreditation; and (b) ensuring that each of the drivers is in a fit state— (i) to safely perform required duties; and (ii) to meet any specified medical requirements; and (c) ensuring that each of the drivers— (i) has been inducted into the operator's BFM system; and (ii) has been informed of the BFM hours; and (d) ensuring that anyone employed in the operator's business, who has responsibilities relating to scheduling or managing the fatigue of the drivers— (i) has been inducted into the operator's BFM system; and (ii) has been informed of the BFM hours. 191ZI Application for BFM accreditation (1) The operator of a fatigue regulated heavy vehicle may apply to the Corporation for BFM accreditation. (2) The application must— (a) be in the form approved by the Corporation; and s. 20 -- 93 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 86 (b) be accompanied by a statement from an auditor of a class specified by the Fatigue Authorities Panel that the auditor considers the operator's BFM system will ensure compliance with the BFM standards and business rules; and (c) include or be accompanied by any other information or documents required by the regulations; and (d) be accompanied by the prescribed application fee. (3) The Corporation may, by written notice to the operator, require the operator to give the Corporation any necessary additional information. 191ZJ Granting BFM accreditation (1) The Corporation must decide an application for BFM accreditation as soon as practicable after the Corporation receives the application. (2) The Corporation may grant BFM accreditation to the operator of a fatigue regulated heavy vehicle if it is satisfied that— (a) the operator is able to comply with this Act and the regulations; and (b) the operator is a suitable person to be granted BFM accreditation. (3) For the purposes of subsection (2), the Corporation may take into account anything it considers relevant, including any matter prescribed by the regulations. (4) In granting BFM accreditation to the operator of a fatigue regulated heavy vehicle, the Corporation must have regard to any s. 20 -- 94 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 87 advice given to it, and to any guidelines issued, by the Fatigue Authorities Panel in relation to BFM accreditation. 191ZK BFM accreditation certificate and period of accreditation (1) If the Corporation grants the BFM accreditation, it must give the operator an accreditation certificate in the form specified by the Fatigue Authorities Panel that certifies that the operator has been granted BFM accreditation and sets out the details of that accreditation. (2) The accreditation takes effect— (a) when the accreditation is given to the operator; or (b) if a later time is stated in the certificate, at that time. (3) The BFM accreditation applies for the period, not more than 3 years, stated in the BFM accreditation certificate. 191ZL Refusal to grant BFM accreditation If the Corporation decides not to grant BFM accreditation to the operator of a fatigue regulated heavy vehicle, the Corporation must give the operator a written notice that— (a) states the reasons for the refusal; and (b) tells the operator that the operator may apply to have the decision reconsidered. 191ZM Conditions of BFM accreditation (1) BFM accreditation is subject to the condition that the operator to whom the accreditation is granted must comply with the BFM standards and business rules. s. 20 -- 95 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 88 (2) BFM accreditation is also subject to any other conditions stated in the accreditation certificate or prescribed by the regulations. Example • A condition that a named driver cannot drive under the operator's BFM accreditation for a specified period. • A condition that a named employee of the operator cannot be involved in the BFM operation system ever, or for a specified period. (3) An operator to whom BFM accreditation is granted must not contravene a condition of the BFM accreditation. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. 191ZN Obligations of operator under BFM accreditation (1) An operator to whom BFM accreditation is granted must ensure that each driver who is to work under the BFM accreditation is— (a) inducted into the operator's BFM system; and (b) meets the requirements relating to drivers under the operator's BFM accreditation. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. (2) An operator to whom BFM accreditation is granted must keep, in accordance with the regulations, the following records— (a) a current list of the drivers under the operator's BFM accreditation; s. 20 -- 96 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 89 (b) records demonstrating that each driver— (i) has been inducted into the operator's BFM system; and (ii) meets requirements relating to drivers under the operator's BFM accreditation; (c) any other records prescribed by the regulations. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. 191ZO Operator must advise of change or end of accreditation If an operator to whom BFM accreditation has been granted changes or ceases to hold that accreditation, the operator must inform any driver or scheduler who may be affected by that change or cessation of the fact that the change or cessation has happened, as soon as practicable after the change or cessation happens. Penalty: the penalty for a substantial risk offence. Subdivision 2—AFM accreditation 191ZP Meaning of AFM proposal An AFM proposal, for the operator of a fatigue regulated heavy vehicle, is a proposal by the operator that sets out— (a) the proposed work and rest hour limits for drivers of the vehicle; and s. 20 -- 97 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 90 (b) the risks involved with working under the proposed work and rest hour limits and the proposed countermeasures that are designed to manage the risks; and (c) the other details required under the AFM standards and business rules. 191ZQ Meaning of AFM system (1) An AFM system, for the operator of a fatigue regulated heavy vehicle, is the operator's management system for ensuring compliance with the AFM standards and business rules. (2) An operator's AFM system must include— (a) recording the name, driver licence number and contact details of each driver who is currently under the operator's AFM accreditation; and (b) ensuring that each of the drivers is in a fit state— (i) to safely perform required duties; and (ii) to meet any specified medical requirements; and (c) ensuring that each of the drivers— (i) has been inducted into the operator's AFM system; and (ii) has been informed of the AFM hours under the operator's AFM accreditation; and (d) ensuring that anyone employed in the operator's business, who has responsibilities relating to scheduling or managing the fatigue of the drivers— s. 20 -- 98 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 91 (i) has been inducted into the operator's AFM system; and (ii) has been informed of the AFM hours under the operator's AFM accreditation. 191ZR Application for AFM accreditation (1) The operator of a fatigue regulated heavy vehicle may apply to the Corporation for AFM accreditation. (2) The application must— (a) be made in the form approved by the Corporation; and (b) include the operator's fatigue management proposal; and (c) be accompanied by a statement from an auditor of a class specified by the Fatigue Authorities Panel that the auditor considers the operator's AFM system will ensure compliance with the AFM standards and business rules; and (d) include or be accompanied by any other information or documents required by the regulations; and (e) be accompanied by the prescribed application fee. (3) The Corporation may, by written notice to the operator, require the operator to give the Corporation any necessary additional information. 191ZS Granting AFM accreditation (1) The Corporation must decide an application for AFM accreditation as soon as practicable after the Corporation receives the application. s. 20 -- 99 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 92 (2) The Corporation may grant AFM accreditation to the operator of a regulated heavy vehicle if the Corporation is satisfied that— (a) the operator is able to comply with this Act and the regulations; and (b) the operator is a suitable person to be granted AFM accreditation; and (c) the driver fatigue management practices (including proposed work and rest hours) stated in the operator's AFM proposal would, if followed, safely manage the risk of driver fatigue; and (d) the operator and drivers are likely to follow the practices consistently and effectively. (3) For the purposes of subsection (2), the Corporation may take into account anything it considers relevant, including any matter prescribed by the regulations. (4) In granting AFM accreditation to the operator of a fatigue regulated heavy vehicle, the Corporation must have regard to any advice given to it, and to any guidelines issued by, the Fatigue Authorities Panel in relation to AFM accreditation. (5) In approving the work and rest hours limits that are applicable to a particular AFM accreditation, the Corporation— (a) must be satisfied that the limits appear to provide a safe balance between work, rest, risk management and fatigue countermeasures; and s. 20 -- 100 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 93 (b) must not set limits that— (i) allow a driver to work more than the work time allowed, or to have less than the rest time required, in the AFM outer limits; or (ii) the Corporation considers would be unsafe, having regard to the operator's AFM proposal and any relevant scientific knowledge, expert opinion, guidelines, standards or other knowledge in relation to preventing or managing the exposure to risk of fatigue. 191ZT AFM accreditation certificate and period of accreditation (1) If the Corporation grants AFM accreditation, the Corporation must give the operator an accreditation certificate in the prescribed form that— (a) certifies that the operator has been granted AFM accreditation; and (b) sets out the details of the accreditation, including the work and rest hours limits that apply to the accreditation. (2) AFM accreditation takes effect— (a) when the accreditation certificate is given to the operator; or (b) if a later time is stated in the certificate, at that later time. (3) AFM accreditation applies for the period, not more than 3 years, stated in the AFM accreditation certificate. s. 20 -- 101 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 94 191ZU Refusal to grant AFM accreditation If the Corporation refuses to grant AFM accreditation to the operator of a fatigue regulated heavy vehicle, the Corporation must give the operator a written notice that— (a) states the reasons for the refusal; and (b) tells the operator that the operator may apply to have the decision reconsidered. 191ZV Conditions of AFM accreditation (1) AFM accreditation is subject to the condition that the operator to whom the accreditation is granted must comply with the AFM standards and business rules. (2) AFM accreditation is also subject to any other conditions stated in the accreditation certificate or prescribed by the regulations. Examples • A condition that a named driver cannot drive under an operator's AFM accreditation for a specified period. • A condition that a named employee of an operator cannot be involved in the AFM operation system under the operator's AFM accreditation ever, or for a specified period. • A condition that requires additional records to be kept, and audits to be performed, to ensure that the driver fatigue management practices (including work and rest hours) stated in the AFM operations manual under the operator's AFM accreditation are followed consistently and effectively. s. 20 -- 102 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 95 (3) An operator to whom AFM accreditation is granted must not contravene a condition of the AFM accreditation. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. 191ZW Driver must carry AFM accreditation details (1) A driver who is driving under an operator's AFM accreditation must have recorded in the driver's work diary a statement of the AFM hours allowed under the accreditation. Example A driver may record a statement of the AFM hours allowed under the accreditation by stapling a printout of the relevant hours in the specified part of the driver's work diary. Penalty: 60 penalty units. (2) The operator must ensure each of the drivers driving under the operator's AFM accreditation does not contravene subsection (1). Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. 191ZX Obligations of operator under AFM accreditation (1) An operator to whom AFM accreditation has been granted must ensure that each driver who is currently under the AFM accreditation— s. 20 -- 103 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 96 (a) is inducted into the operator's AFM system and informed of the AFM hours under the operator's AFM accreditation; and (b) meets the requirements relating to drivers under the operator's AFM accreditation. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. (2) An operator to whom AFM accreditation has been granted must keep, in accordance with the regulations, the following records— (a) a current list of the drivers under the operator's AFM accreditation; (b) records that demonstrate each driver under the operator's AFM accreditation— (i) has been inducted into the operator's AFM system and informed of the AFM hours under the operator's AFM accreditation; and (ii) meets requirements relating to drivers under the operator's AFM accreditation; (c) any other records prescribed by the regulations. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. s. 20 -- 104 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 97 191ZY Operator must advise of change or end of accreditation If an operator to whom AFM accreditation has been granted changes or ceases to hold the accreditation, the operator must inform any driver or scheduler who may be affected by that change or cessation of the fact that the change or cessation has happened, as soon as practicable after the change or cessation happens. Penalty: the penalty for a substantial risk offence. Subdivision 3—Exemptions 191ZZ Exemptions for emergency services (1) A person who is acting for an emergency service and who has time-critical duties on the way to, or during, an emergency is exempted in the course of carrying out those duties from the prescribed provisions of this Act or the regulations. (2) A person who is returning from attending an emergency is not exempted from the prescribed provisions. (3) In this section— emergency means an event, or an anticipated event, that— (a) endangers, or may endanger, life, property or the environment; or (b) has disrupted, or may disrupt, communications, energy, water supply or sewerage services; or s. 20 -- 105 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 98 (c) is declared to be an emergency or disaster by— (i) the Commonwealth or a State or Territory; or (ii) a Commonwealth, State or Territory authority responsible for managing responses to emergencies or disasters; emergency service is an organisation that has a statutory responsibility to respond to an emergency and includes— (a) an ambulance service; and (b) an emergency auxiliary; and (c) a fire brigade, including a volunteer fire brigade; and (d) a police service or force; and (e) a disaster or emergency organisation of the Commonwealth or a State or Territory; and (f) an organisation prescribed for the purposes of this section to be an emergency service. 191ZZA Work diary exemption (1) The Corporation may grant an exemption (a work diary exemption) exempting a driver from complying with the work diary requirements. (2) An application for a work diary exemption may be made by the driver or the driver's employer. s. 20 -- 106 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 99 (3) The application— (a) must be made in writing and include the prescribed information; and (b) must nominate a person (the nominee) to make written records for the driver; and (c) must be accompanied by the nominee's written agreement to the nomination. (4) The Corporation may, by written notice to the applicant, require the applicant to give the Corporation any additional information necessary to decide the application. (5) The Corporation must decide an application as soon as practicable after receiving the application. (6) The Corporation may grant a work diary exemption if the Corporation is satisfied— (a) the driver cannot make records in the driver's work diary because of inadequate English literacy; and (b) the nominee will be able to make records that are no less complete or accurate than records made in accordance with the work diary requirements. (7) If the Corporation decides to grant the exemption, the Corporation must give the applicant a written exemption. (8) An exemption takes effect— (a) when the exemption is given to the applicant; or (b) if a later time is stated in the exemption, at that time. s. 20 -- 107 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 100 (9) The exemption applies for the period, not more than 3 years, stated in the exemption. (10) An exemption may be given subject to a condition stated in the exemption. (11) A person to whom an exemption is granted and, if the person is not the driver to whom the exemption relates, the driver, must not contravene a condition of the exemption. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. (12) If the Corporation decides not to grant the exemption, the Corporation must give the applicant a written notice that states— (a) the Corporation's decision; and (b) the reasons for the decision; and (c) that the applicant may apply to have the decision reconsidered. Subdivision 4—Variation, suspension or cancellation of accreditation or exemption 191ZZB Variation or cancellation of accreditation or exemption—on application (1) A person may make written application to the Corporation for the variation or cancellation of the person's accreditation or exemption. (2) The application must— (a) if the application is for a variation— state clearly what variation is sought and outline the reasons for the application; and s. 20 -- 108 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 101 (b) be accompanied by the accreditation certificate or exemption. (3) The Corporation may, by written notice given to the applicant, require the applicant to give the Corporation any necessary additional information. (4) The Corporation must decide the application as soon as practicable after the Corporation receives it. (5) If the Corporation decides to grant the application, the Corporation must give the applicant written notice of the decision. (6) The variation or cancellation takes effect— (a) when written notice of the decision is given to the applicant; or (b) if a later time is stated in the written notice of the decision, at that time. (7) If the Corporation does not vary or cancel the accreditation or exemption as requested by the applicant, the Corporation must also give the applicant a written notice that states— (a) the Corporation's decision; and (b) the reasons for the decision; and (c) that the applicant may apply to have the decision reconsidered. 191ZZC Grounds for variation—without application The Corporation may vary an accreditation or exemption granted to a person, without receiving an application under section 191ZZB, if the Corporation is satisfied on reasonable grounds that— s. 20 -- 109 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 102 (a) the application for the accreditation or exemption was false or misleading in a material respect, but the circumstances do not require its cancellation; or (b) a person to whom the accreditation or exemption applies is not suitable to be a person to whom the accreditation or exemption applies without variation; or (c) the person has contravened this Act, a corresponding fatigue law or any regulations made under this Act or a corresponding fatigue law, but the contravention does not warrant the cancellation of the accreditation or exemption. 191ZZD Grounds for cancellation—without application The Corporation may cancel an accreditation or exemption granted to a person, without receiving an application under section 191ZZB, if the Corporation is satisfied on reasonable grounds that— (a) the application for the accreditation or exemption was false or misleading in a material respect; or (b) a person to whom the accreditation or exemption applies is not suitable to be a person to whom the accreditation applies; or (c) the person has contravened this Act, a corresponding fatigue law or any regulations made under this Act or a corresponding fatigue law. s. 20 -- 110 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 103 191ZZE Variation or cancellation of accreditation—without application (1) This section applies if the Corporation is satisfied that a ground exists to vary or cancel an accreditation or exemption under section 191ZZC or 191ZZD. Note See section 191ZZF which provides for immediate suspension in the interest of public safety. (2) The Corporation must give the person to whom the accreditation or exemption has been granted a written notice that— (a) states the proposed variation or cancellation; and (b) states the ground for the proposed variation or cancellation; and (c) outlines the facts and other circumstances forming the basis for the ground; and (d) invites the person to state in writing, within a specified time of at least 14 days after the notice is given to the person, why the accreditation or exemption should not be varied or cancelled. (3) If, after considering any written statement made within the specified time, the Corporation is satisfied that a ground exists to take the proposed action, the Corporation may— (a) if the proposed action is to vary the accreditation or exemption in a stated way—vary the accreditation or exemption in the stated way; and s. 20 -- 111 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 104 (b) if the proposed action is to cancel the accreditation or exemption—cancel the accreditation or exemption or vary the accreditation or exemption in any way. (4) The Corporation must give the person written notice of the Corporation's decision. (5) If the Corporation decides to vary or cancel the accreditation or exemption, the Corporation must also give the person a written notice that states— (a) the reasons for the decision; and (b) that the person may apply to have the decision reconsidered. (6) The variation or cancellation takes effect— (a) when written notice of the decision, and the reasons for the decision, is given to the person; or (b) if a later time is stated in the notice, that time. 191ZZF Immediate suspension of accreditation in interest of public safety (1) The Corporation may immediately suspend a person's accreditation, by giving a written notice to the person, if the Corporation considers it necessary in the interest of public safety. Example There is evidence that an operator is failing to comply with this Part on a systemic basis, or in such a severe way that the operator's continued operation under the accreditation would pose a risk to the safety of the public. s. 20 -- 112 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 105 (2) If the Corporation immediately suspends a person's accreditation under subsection (1), the accreditation is suspended until the earlier of the following— (a) the end of 60 days after the day the notice is given to the person under subsection (1); (b) the Corporation gives the person a written notice under section 191ZZE(2). 191ZZG Return of accreditation certificate or exemption (1) If a person's accreditation is varied or cancelled, the Corporation may, by written notice, require the person to return the accreditation certificate to the Corporation. (2) The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. Subdivision 5—Miscellaneous provisions relating to accreditation and exemptions 191ZZH Replacement of lost etc. accreditation certificates and exemptions (1) If an accreditation certificate or an exemption is defaced, destroyed, lost or stolen, the person who is the holder of the certificate must apply to the Corporation for a replacement accreditation certificate or exemption. s. 20 -- 113 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 106 (2) If the Corporation is satisfied that the accreditation certificate or exemption given to the person has been defaced, destroyed, lost or stolen, the Corporation must give the person a replacement accreditation certificate or exemption as soon as practicable. (3) If the Corporation decides not to give a replacement accreditation certificate or exemption to the person, the Corporation must give the person a written notice that states— (a) the reasons for the decision; and (b) that the person may apply to have the decision reconsidered. 191ZZI Offence to falsely represent that accreditation held (1) A person must not falsely represent— (a) that the person holds an accreditation or exemption that the person does not hold; or (b) that the person is working under an accreditation or exemption that the person is not entitled to work under. Penalty: 500 penalty units, in the case of a corporation; 100 penalty units, in any other case. (2) A person must not possess a document that falsely purports to be an accreditation certificate or an exemption. Penalty: 60 penalty units. s. 20 -- 114 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 107 Division 7—Compliance and enforcement Subdivision 1—Enforcement powers 191ZZJ Requiring rest for contravention of maximum work requirement (1) This section applies if an inspector reasonably believes a driver has worked for a period in excess of the maximum period allowed under a maximum work requirement. (2) If the excess period worked will result, or has resulted, in the driver committing a critical risk offence or severe risk offence, the inspector must, by written notice, require the driver— (a) to immediately take a stated period of rest in accordance with a minimum rest requirement applying to the driver; and (b) to work for a stated shorter period in the driver's next work period to compensate for the excess period worked. (3) If the excess period worked will result, or has resulted, in the driver committing a substantial risk offence or minor risk offence, the inspector may, by written notice, require the driver— (a) to immediately take a stated period of rest in accordance with a minimum rest requirement applying to the driver; and (b) to work for a stated shorter period in the driver's next work period to compensate for the excess period worked. s. 20 -- 115 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 108 191ZZK Requiring rest for contravention of minimum rest requirement (1) This section applies if an inspector reasonably believes a driver has taken a rest period that is shorter than the minimum rest period required under a minimum rest requirement. (2) If the shortfall between the rest period taken by the person and the minimum rest period required under the minimum rest requirement will result, or has resulted, in the driver committing a critical risk offence or severe risk offence, the inspector must, by written notice, require the driver— (a) to immediately take a stated period of rest to compensate for the shortfall between the rest period taken by the driver and the minimum rest period required under the minimum rest requirement; or (b) if the shortfall relates to a period of night-time rest required under a minimum rest requirement—to take a stated period of night-time rest at the next available night period to compensate for the shortfall between the period of night-time rest required under the minimum rest requirement. (3) If the shortfall between the rest period taken by the driver and the minimum rest period required under the minimum rest requirement will result, or has resulted, in the driver committing a substantial risk offence or minor risk offence, the inspector may, by written notice, require the driver— s. 20 -- 116 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 109 (a) to immediately take a stated period of rest to compensate for the shortfall between the rest period taken by the driver and the minimum rest requirement; or (b) to take a stated period of additional rest, at the next rest break the driver is required to take under this Part, to compensate for the shortfall between the period of rest taken by the driver and the minimum rest period required under the minimum rest requirement; or (c) if the shortfall relates to a period of night-time rest required under a minimum rest requirement—to take a stated period of night-time rest at the next available night period to compensate for the shortfall between the period of night-time rest taken by the person and the minimum period of night-time rest required under the minimum rest requirement. 191ZZL Requiring driver to stop working if impaired by fatigue (1) This section applies if an inspector reasonably believes a driver is impaired by fatigue. (2) The inspector may, by written notice— (a) require the driver to immediately stop work and not work again for a stated period; and (b) if the inspector has observed the driver driving in a way the inspector considers on reasonable grounds to be dangerous—require the driver to stop driving the vehicle immediately. s. 20 -- 117 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 110 (3) The stated period in subsection (2)(a) must be a reasonable period having regard to the following— (a) the rest periods the driver has taken during the 24 hours leading up to the notice being given; (b) the rest periods the driver was required to take under the minimum rest requirements applying to the driver during the 24 hours leading up to the notice being given; (c) the periods the driver has worked during the 24 hours leading up to the notice being given; (d) the periods the driver was allowed to work under the maximum work requirements applying to the person during the 24 hours leading up to the notice being given; (e) the degree to which the driver appears to be fatigued to the inspector; (f) any other relevant matters. (4) If the inspector gives a notice under subsection (2)(b), the inspector may authorise a person who is qualified to drive the vehicle to a suitable rest place for fatigue regulated heavy vehicles. (5) The regulations may prescribe the matters to which the inspector, or a court, may or must have regard when deciding whether or not a driver was impaired by fatigue for the purposes of this section. s. 20 -- 118 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 111 (6) In this section— qualified, to drive a fatigue regulated heavy vehicle, for a person means the person— (a) holds a driver licence that is of the appropriate class to drive the vehicle and is not suspended; and (b) is not prevented under a law, including, for example, by the conditions of the driver licence, from driving the vehicle at the relevant time. 191ZZM Requiring driver to stop working if work diary not produced or unreliable (1) This section applies if— (a) an inspector has, under section 132, asked the driver of a fatigue regulated heavy vehicle to produce a work diary the driver is required to keep under this Part; and (b) either— (i) the driver has failed to produce the diary without a reasonable excuse; or (ii) the driver produces a document that the inspector reasonably believes is not a work diary; or (iii) the inspector reasonably believes the work diary, or purported work diary, produced by the driver can not be relied on as an accurate record of the time the driver spent working or resting. s. 20 -- 119 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 112 Example • Information in the work diary appears to be incorrect. • Particular information appears to be missing from the work diary. • The work diary appears to have been tampered with. (2) The inspector may, by written notice, require the driver to immediately stop work and not to work again for a stated period of up to 24 hours. 191ZZN Compliance with requirement under this Division (1) A driver given a notice under this Division must comply with the notice unless the driver has a reasonable excuse. Penalty: 120 penalty units. (2) An inspector who gives a driver a notice under section 191ZZK, 191ZZL or 191ZZM may, by stating it in the notice, allow the driver to delay complying with the notice if the inspector reasonably believes— (a) the delay is necessary to allow the driver time to drive to the nearest suitable rest place for fatigue regulated heavy vehicles and it is reasonably safe to allow the driver to continue driving to that place; or (b) the delay is necessary to allow the driver time to attend to, or to secure, the load on the vehicle before taking rest. s. 20 -- 120 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 113 Subdivision 2—Reasonable steps and provisions concerning defences 191ZZO What constitutes reasonable steps (1) This section applies if— (a) a provision of this Part requires a person to take all reasonable steps to ensure a driver does not contravene a fatigue management requirement; or (b) a person intends to rely on the reasonable steps defence. (2) The person must be regarded as having taken all reasonable steps to prevent the act or omission that led to the contravention if the person proves the person did all of the following to prevent the act or omission— (a) identified and assessed the aspects of the activities of the person, and the driver, that may lead to a contravention of a fatigue management requirement by the driver; (b) for each aspect identified and assessed under paragraph (a), identified and assessed— (i) the risk of the aspect leading to a contravention of a fatigue management requirement by the driver; and (ii) if there is a substantial risk of the aspect leading to a contravention of a fatigue management requirement by the driver—the measures the person may take to eliminate the risk or, if it is not reasonably possible to eliminate the risk, to minimise the risk; s. 20 -- 121 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 114 (c) carried out the identification and assessment referred to in paragraphs (a) and (b)— (i) at least annually; and (ii) after each event that indicated the way the activities of the person or driver were being carried out have led, or may lead, to a contravention of a fatigue management requirement by the driver; (d) took the measures identified and assessed under paragraph (b)(ii). (3) The regulations may provide for— (a) the ways, or examples of ways, persons can identify and assess the aspects of activities of the persons, or drivers, that may lead to a contravention of a fatigue management requirement by a driver; and (b) the measures, or examples of measures, persons may take to eliminate or minimise risks of aspects of activities of the persons, or drivers, leading to a contravention of a fatigue management requirement by a driver. (4) This section does not limit the circumstances in which the court may consider the person to have taken reasonable steps to prevent the act or omission that led to the contravention. s. 20 -- 122 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 115 191ZZP Reasonable steps defence If a provision of this Part states that a person has the benefit of the reasonable steps defence, it is a defence to a charge for an offence against that provision if the person charged proves that— (a) the person did not know, and could not reasonably be expected to have known, of the contravention concerned; and (b) either— (i) the person took all reasonable steps to prevent the contravention; or (ii) there were no steps the person could reasonably be expected to have taken to prevent the contravention. 191ZZQ Matters relevant to deciding whether acts or omissions constitute all reasonable steps (1) Without limiting section 191ZZO or 191ZZP, in deciding whether things done or omitted to be done by a person constitute all reasonable steps, regard may be had to the following— (a) the circumstances of the alleged offence, including any risk category for the contravention constituting the offence; (b) the measures available and the measures taken for any or all of the following— (i) to exercise supervision or control over others involved in activities leading to the contravention; s. 20 s. 20 -- 123 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 116 (ii) to include compliance assurance conditions in relevant commercial arrangements with other responsible persons for fatigue regulated heavy vehicles; (iii) to provide information, instruction, training and supervision to employees to enable compliance with relevant laws; (iv) to maintain equipment and work systems to enable compliance with relevant laws; (v) to address and remedy similar compliance problems that may have happened in the past; (c) whether the person charged had, either personally or through an agent or employee, custody or control of the fatigue regulated heavy vehicle, its load, or any goods included or to be included in the load; (d) the personal expertise and experience that the person charged had or ought to have had or that an agent or employee of the person charged had or ought to have had; (e) the nature of the activity to which the contravention relates; (f) the risks to safety associated with the nature of the activity; (g) the likelihood of the risks to safety referred to in paragraph (f); s. 20 -- 124 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 117 (h) the degree of harm likely to result from the risks to safety referred to in paragraph (f) arising; (i) the measures available and measures taken— (i) to prevent, eliminate or minimise the likelihood of a potential contravention happening; or (ii) to eliminate or minimise the likelihood of a risk to safety arising from a potential contravention; or (iii) to manage, minimise or eliminate a risk to safety arising from a potential contravention; (j) the costs of measures referred to in paragraph (i); (k) any accreditation scheme, scientific knowledge, expert opinion, guidelines, standards or other knowledge about preventing or managing exposure to risks to safety arising from fatigue; (l) any other matter the court may or must consider when deciding whether or not a person has contravened the fatigue management requirement. (2) In this section— risk category, for a contravention of a fatigue management requirement, means one of the following categories of offences— (a) minor risk offence; s. 20 -- 125 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 118 (b) substantial risk offence; (c) severe risk offence; (d) critical risk offence. 191ZZR Inclusion of reasonable diligence If a person intends to rely on the reasonable steps defence the taking of all reasonable steps includes the exercise of reasonable diligence. 191ZZS Compliance with industry code of practice (1) This section applies for deciding whether a person charged with an offence in relation to a fatigue management requirement took all reasonable steps to prevent the contravention. (2) If the person proves that the person complied with all relevant standards and procedures, including, for example, a registered industry code of practice and the spirit of the code, in relation to matters to which the offence relates, that is evidence that the person took all reasonable steps to prevent the contravention. (3) Subsection (2) does not apply unless the person charged has given written notice of the intention to prove the matters referred to in that subsection to the prosecution. (4) The notice must be— (a) signed by the person; and (b) given at least 28 days before the day fixed for the hearing of the charge. s. 20 -- 126 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 119 191ZZT Exclusion of mistake of fact defence (1) This section applies if a provision of this Part states that a person does not have the benefit of the mistake of fact defence for an offence. (2) It is not a defence to a charge for the offence for the person to prove that, at or before the time of the conduct constituting the offence, the person was under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence. Subdivision 3—Penalties 191ZZU Penalties The maximum penalty for an offence of a type set out in column 1 of the following Table is the penalty set out opposite— (a) for a first offence—in column 2 of that Table; or (b) for a second or subsequent offence—in column 3 of that Table. Column 1 Offence Column 2 1st offence Column 3 2nd or subsequent offence minor risk 50 penalty units, in the case of a corporation; 10 penalty units, in any other case. 50 penalty units, in the case of a corporation; 10 penalty units, in any other case. s. 20 -- 127 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 120 Column 1 Offence Column 2 1st offence Column 3 2nd or subsequent offence substantial risk 100 penalty units, in the case of a corporation; 20 penalty units, in any other case. 250 penalty units, in the case of a corporation; 50 penalty units, in any other case. severe risk 250 penalty units, in the case of a corporation; 50 penalty units, in any other case. 500 penalty units, in the case of a corporation; 100 penalty units, in any other case. critical risk offence 500 penalty units, in the case of a corporation; 100 penalty units, in any other case. 500 penalty units, in the case of a corporation; 100 penalty units, in any other case. 191ZZV Proceedings for offences (1) This section applies in relation to proceedings for an offence that may be committed— (a) by a person driving a fatigue regulated heavy vehicle while impaired by fatigue; or (b) by a person failing to take all reasonable steps to ensure that another person does not drive a fatigue regulated heavy vehicle while impaired by fatigue. (2) In relation to proof of whether a person driving a fatigue regulated heavy vehicle was impaired by fatigue, a sworn statement by an inspector stating that at a specified time or s. 20 -- 128 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 121 during a specified period the inspector observed the person exhibiting specified behaviour, including, for example, signs of fatigue, is— (a) admissible in proceedings; and (b) evidence that the person exhibited the specified behaviour. (3) In relation to proof of whether a person took all reasonable steps to ensure that another person did not drive a fatigue regulated heavy vehicle while impaired by fatigue— (a) evidence that at the relevant time the person complied with a prescribed corresponding law is evidence that the person took the reasonable steps; and (b) evidence that at the relevant time the person complied with the conditions of an accreditation granted to the person is evidence that the person took the reasonable steps; and (c) it is not necessary to prove that the other person drove, or would or may have driven, the vehicle while impaired by fatigue. (4) In this section— prescribed corresponding obligation means a duty or obligation under a corresponding fatigue law that is prescribed under the regulations for the purposes of subsection (3)(a). s. 20 -- 129 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 122 191ZZW Deciding whether a person knew or ought reasonably to have known something (1) This section applies in relation to proceedings for an offence relating to a fatigue management requirement if it is relevant to prove that someone ought reasonably to have known something. (2) A court must consider the following when deciding whether the person ought reasonably to have known the thing— (a) the person's abilities, experience, expertise, knowledge, qualifications and training; (b) the circumstances of the offence; (c) any other matter prescribed under the regulations. 191ZZX Multiple offenders (1) This section applies if more than one person is liable to be found guilty of an offence in relation to a fatigue management requirement. (2) Proceedings may be taken against all or any of those liable in relation to the contravention. (3) Proceedings may be taken against any of those liable in relation to the contravention— (a) regardless of whether or not proceedings have been started against anyone else; and (b) if proceedings have started against anyone else, regardless of whether or not those proceedings have finished; and s. 20 -- 130 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 123 (c) if proceedings have finished against anyone else, regardless of the outcome of those proceedings. 191ZZY Other powers not affected (1) Except where expressly provided in this Part, nothing in this Part affects any power that a court, a tribunal, the Corporation or an inspector has apart from this Part. (2) Without limiting subsection (1), nothing in this Part affects a power or obligation under this Act or another law to vary, suspend, cancel or otherwise deal with any licence or registration. 191ZZZ Contracting out prohibited (1) A term of any contract that purports to exclude, limit or modify the operation of this Part is void to the extent that it would otherwise have that effect. (2) Subsection (1) does not apply to a term of a contract to the extent that it purports to impose a requirement on a person that is more onerous than the relevant requirement imposed by this Part. Division 8—Fatigue Authorities Panel 191ZZZA Establishment of Panel (1) The Fatigue Authorities Panel is established. (2) The Panel consists of— (a) the Corporation; and (b) the corresponding Authority of each other participating jurisdiction; and s. 20 -- 131 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 124 (c) subject to subsection (3), the Department of the Commonwealth that deals with road transport. (3) For the purposes of subsection (2), the Commonwealth may, by written notice given to each of the participating jurisdictions, indicate that it does not wish to be a member of the Panel. (4) The functions of the Panel are— (a) to consider matters referred to it by any member of the Panel; and (b) to decide any matter that is specified in this Act, or a corresponding fatigue law, as a matter that is to be specified by the Panel. (5) The regulations may make further provision about the Panel, including, for example— (a) the functions and procedures of the Panel; and (b) the referral of matters to the Panel. 191ZZZB Approved matters to be published The Panel must publish in the Commonwealth Government Gazette details of any matter that it approves in exercising the function conferred on it by section 191ZZZA(4)(b). Division 9—Reconsideration and review of decisions 191ZZZC Decisions that may be reconsidered and reviewed The following decisions of the Corporation are decisions to which this Division applies— s. 20 -- 132 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 125 Item Section under which decision made Brief description of decision 1 191ZL decision not to grant BFM accreditation 2 191ZK, 191ZU or 191ZZA decision to give an accreditation or exemption for less than 3 years or the period sought by the applicant 3 191ZM decision to give a BFM accreditation subject to a condition (other than a statutory condition) not sought by the applicant 4 191ZU decision not to grant AFM accreditation 5 191ZV decision to give an AFM accreditation subject to a condition (other than a statutory condition) not sought by the applicant 6 191ZZA decision not to give a work diary exemption 7 191ZZA decision to give an exemption subject to a condition not sought by the applicant 8 191ZZB decision not to vary or cancel an accreditation or exemption on application 9 191ZZC and 191ZZD decision to vary or cancel an accreditation or exemption except on application 10 191ZZH decision not to give a replacement accreditation certificate or exemption s. 20 -- 133 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 126 191ZZZD Reconsideration of decisions (1) A person affected by a decision to which this Division applies (an initial decision) may ask the Corporation in writing to reconsider the decision. (2) The request must be made within— (a) 28 days after the person, or someone else affected by the decision, was told of the initial decision, and given reasons for the decision, by the Corporation; or (b) any longer period allowed by the Corporation. (3) The request must state the decision sought by the person and outline why the decision should be made. (4) The Corporation must reconsider the initial decision and— (a) confirm the decision; or (b) vary the decision; or (c) set the decision aside and substitute a new decision. (5) If the decision was made in accordance with a recommendation of the Panel or a corresponding Authority, the Corporation must inform the Panel or corresponding Authority of the decision that the Corporation proposes to make. (6) The Panel or corresponding Authority may make a recommendation to the Corporation about the proposed decision, and the reasons for the recommendation, within 21 days after being informed of the proposed decision. s. 20 -- 134 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 127 (7) The Corporation must have regard to the recommendations of the Panel or corresponding Authority when making the decision. (8) Within 28 days after receiving the request, the Corporation must give the person a written notice that states— (a) the result of the reconsideration; and (b) if the Authority does not make the decision sought by the person—the reasons for the reconsidered decision. __________________". 21 New Part 11 heading For the heading to Part 11 of the Road Safety Act 1986 substitute— "PART 11—ADDITIONAL PROVISIONS CONCERNING RELEVANT HEAVY VEHICLE OFFENCES". 22 Application of Commonwealth Acts Interpretation Act 1901 Section 191A of the Road Safety Act 1986 is repealed. 23 Relevant heavy vehicle offences For section 192(2)(a) of the Road Safety Act 1986 substitute— "(a) that is constituted by, or that has a necessary element— (i) the contravention of a mass, dimension or load restraint limit or requirement; or (ii) the contravention of a fatigue management requirement under Part 10A; and". s. 21 -- 135 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 128 24 Definitions For section 193 of the Road Safety Act 1986 substitute— "193 Interpretation (1) In this Part— registered operator of a vehicle also includes a person who is recorded on the register of a corresponding authority as the person responsible for the vehicle. (2) The Acts Interpretation Act 1901 of the Commonwealth applies to the interpretation of this Part, except that, in relation to Victoria— (a) "Gazette" refers to the Victorian Government Gazette; and (b) "Minister" refers to the responsible Minister of Victoria. (3) This section does not prevent the Interpretation of Legislation Act 1984 from applying to this Part to the extent that it can do so consistently with the application of the Acts Interpretation Act 1901 of the Commonwealth.". 25 Meaning of associate repealed Section 194 of the Road Safety Act 1986 is repealed. 26 Meaning of operator repealed Section 195 of the Road Safety Act 1986 is repealed. 27 Definitions In section 225(1) of the Road Safety Act 1986, the definition of business day is repealed. s. 24 -- 136 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 129 28 Regulations For item 37A of Schedule 2 to the Road Safety Act 1986 substitute— "37A. The management of fatigue of drivers of fatigue regulated heavy vehicles, including— (a) requirements relating to records and other documents to be kept in relation to the management of fatigue of drivers of fatigue regulated heavy vehicles; and (b) matters relating to work diaries including the approval of work diaries by the Corporation and the use and operation of work diaries; (c) matters relevant to work time and rest time for drivers of fatigue regulated heavy vehicles, including how time is counted for the purposes of calculating work time and rest time; (d) matters relating to the Fatigue Authorities Panel; and (e) the mutual recognition of decisions made by the Corporation, corresponding Authorities and the Fatigue Authorities Panel about the management of fatigue of drivers of fatigue regulated heavy vehicles and records relating to those decisions; (f) matters relevant to the reconsideration of a decision made under Part 10A.". s. 28 -- 137 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 130 29 New Schedules 3 to 4A inserted After Schedule 2 to the Road Safety Act 1986 insert— "SCHEDULE 3 WORK AND REST HOURS FOR DRIVERS NOT WORKING UNDER ACCREDITATION TABLE 1 Standard hours—Solo drivers of a fatigue regulated heavy vehicle Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category In any period of ... ... a driver must not work for more than ... ... and must have the rest of that period off work, with at least ... If in that period a driver has … … the following category of offence is committed … 5½ hrs 5¼ hrs work time 15 continuous mins stationary rest time > 5¼ hrs work time minor risk 8 hrs 7½ hrs work time 30 mins stationary rest time, in blocks of 15 continuous mins > 7½ hrs work time minor risk 11 hrs 10 hrs work time 60 mins stationary rest time, in blocks of 15 continuous mins ≤ 10¾ hrs work time > 10¾ hrs work time minor risk substantial risk s. 29 -- 138 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 131 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category 24 hrs 12 hrs work time ≤ 12¾ hrs work time > 12¾ but not > 13¼ hrs work time minor risk substantial risk > 13¼ but not > 13½ hrs work time severe risk > 13½ hrs work time critical risk 7 continuous hrs stationary rest time < 7 but not < 6¼ continuous hrs stationary rest time minor risk < 6¼ but not < 5¾ continuous hrs stationary rest time substantial risk < 5¾ but not < 5½ continuous hrs stationary rest time severe risk < 5½ continuous hrs stationary rest time critical risk 7 day (168 hrs) 72 hrs work time ≤ 73½ hrs work time minor risk > 73½ but not > 74½ hrs work time substantial risk s. 29 -- 139 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 132 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category > 74½ but not > 75 hrs work time severe risk > 75 hrs work time critical risk 24 continuous hrs stationary rest time < 24 but not < 23¼ continuous hrs stationary rest time minor risk < 23¼ but not < 22¾ continuous hrs stationary rest time substantial risk < 22¾ but not < 22½ continuous hrs stationary rest time severe risk < 22½ continuous hrs stationary rest time critical risk 14 days (336 hrs) 144 hrs work time ≤ 145½ hrs work time minor risk > 145½ but not > 146½ hrs work time substantial risk > 146½ but not > 147 hrs work time severe risk > 147 hrs work time critical risk s. 29 -- 140 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 133 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category 2 × night rest breaks, and < 7 but not < 6¼ continuous hrs stationary rest time per block minor risk < 6¼ but not < 5¾ continuous hrs stationary of that rest time per block substantial risk < 5¾ but not < 5½ continuous hrs stationary of that rest time per block severe risk < 5½ continuous hrs stationary of that rest time per block critical risk 2 × night rest breaks taken on consecutive days < 7 but not < 6¼ continuous hrs stationary of that rest time per block minor risk < 6¼ but not < 5¾ continuous hrs stationary of that rest time per block substantial risk s. 29 -- 141 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 134 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category < 5¾ but not < 5½ continuous hrs stationary of that rest time per block severe risk < 5½ continuous hrs stationary of that rest time per block critical risk TABLE 2 Standard hours—Solo drivers of buses Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category In any period of ... ... a driver must not work for more than ... ... and must have the rest of that period off work, with at least ... If in that period a driver has … … the following category of offence is committed … 5½ hrs 5¼ hrs work time 15 continuous mins stationary rest time > 5¼ hrs work time minor risk 8 hrs 7½ hrs work time 30 mins stationary rest time, in blocks of 15 continuous mins > 7½ hrs work time minor risk s. 29 -- 142 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 135 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category 11 hrs 10 hrs work time 60 mins stationary rest time, in blocks of 15 continuous mins ≤ 10¾ hrs work time > 10¾ hrs work time minor risk substantial risk 24 hrs 12 hrs work time ≤ 12¾ hrs work time minor risk > 12¾ but not > 13¼ hrs work time substantial risk > 13¼ but not > 13½ hrs work time severe risk > 13½ hrs work time critical risk 7 continuous hrs stationary rest time < 7 but not < 6¼ continuous hrs stationary rest time minor risk < 6¼ but not < 5¾ continuous hrs stationary rest time substantial risk < 5¾ but not < 5½ continuous hrs stationary rest time severe risk < 5½ continuous hrs stationary rest time critical risk s. 29 -- 143 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 136 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category 7 days (168 hrs) 6 × night rest breaks < 7 but not < 6¼ continuous hrs stationary of that rest time per block minor risk < 6¼ but not < 5¾ continuous hrs stationary of that rest time per block substantial risk < 5¾ but not < 5½ continuous hrs stationary of that rest time per block Severe risk < 5½ continuous hrs stationary of that rest time per block critical risk 28 days (672 hrs) 288 hrs work time ≤ 289½ hrs work time minor risk > 289½ but not > 290½ hrs work time substantial risk > 290½ but not > 291 hrs work time severe risk > 291 hrs work time critical risk s. 29 -- 144 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 137 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category 4 × 24 continuous hrs stationary rest time < 24 but not < 23¼ continuous hrs stationary rest time per block minor risk < 23¼ but not < 22¾ continuous hrs stationary rest time per block substantial risk < 22¾ but not < 22½ continuous hrs stationary rest time per block severe risk < 22½ continuous hrs stationary rest time per block critical risk s. 29 -- 145 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 138 TABLE 3 Standard hours—Two-up drivers of a fatigue regulated heavy vehicle Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category In any period of ... ... a driver must not work for more than ... ... and must have the rest of that period off work, with at least ... If in that period a driver has … … the following category of offence is committed … 5½ hrs 5¼ hrs work time 15 continuous mins rest time > 5¼ hrs work time minor risk 8 hrs 7½ hrs work time 30 mins rest time, in blocks of 15 continuous mins > 7½ hrs work time minor risk 11 hrs 10 hrs work time 60 mins rest time, in blocks of 15 continuous mins ≤ 10¾ hrs work time > 10¾ hrs work time minor risk substantial risk 24 hrs 12 hrs work time ≤ 12¾ hrs work time minor risk > 12¾ but not > 13¼ hrs work time substantial risk > 13¼ but not > 13½ hrs work time severe risk > 13½ hrs work time critical risk s. 29 -- 146 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 139 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category 5 continuous hrs stationary rest time, or 5 continuous hrs rest time in an approved sleeper berth while the vehicle is moving or is stationary < 5 but not < 4¼ continuous hrs of that rest time < 4¼ but not < 3¾ continuous hrs of that rest time < 3¾ but not < 3½ continuous hrs of that rest time minor risk substantial risk severe risk < 3½ continuous hrs of that rest time critical risk 52 hrs 10 continuous hrs stationary rest time < 10 but not < 9¼ continuous hrs stationary rest time minor risk < 9¼ but not < 8¾ continuous hrs stationary rest time substantial risk < 8¾ but not < 8½ continuous hrs stationary rest time severe risk < 8½ continuous hrs stationary rest time critical risk s. 29 -- 147 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 140 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category 7 days (168 hrs) 60 hrs work time ≤ 58½ hrs work time minor risk > 58½ but not > 57½ hrs work time substantial risk > 57½ but not > 57 hrs work time severe risk > 57 hrs work time critical risk 24 continuous hrs stationary rest time, and < 24 but not < 23¼ continuous hrs stationary rest time minor risk < 23¼ but not < 22¾ continuous hrs stationary rest time substantial risk < 22¾ but not < 22½ continuous hrs stationary rest time severe risk < 22½ continuous hrs stationary rest time critical risk s. 29 -- 148 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 141 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category 24 hrs stationary rest time in blocks of at least 7 continuous hrs stationary < 24 but not < 23¼ hrs stationary rest time in total < 7 but not < 6¼ continuous hrs stationary rest time per block minor risk < 23¼ but not < 22¾ hrs stationary rest time in total < 6¼ but not < 5¾ continuous hrs stationary rest time per block substantial risk < 22¾ but not < 22½ hrs stationary rest time in total < 5¾ but not < 5½ continuous hrs stationary rest time per block severe risk s. 29 -- 149 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 142 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category < 22½ hrs stationary rest time in total < 5½ continuous hrs stationary rest time per block critical risk 14 days (336 hrs) 120 hrs work time ≤ 118½ hrs work time minor risk > 118½ but not > 117½ hrs work time substantial risk > 117½ but not > 117 hrs work time severe risk > 117 hrs work time critical risk 2 × night rest breaks, and < 7 but not < 6¼ continuous hrs stationary rest time per block minor risk < 6¼ but not < 5¾ continuous hrs stationary of that rest time per block substantial risk s. 29 -- 150 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 143 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category < 5¾ but not < 5½ continuous hrs stationary of that rest time per block severe risk < 5½ continuous hrs stationary of that rest time per block critical risk 2 × night rest breaks taken on consecutive days < 7 but not < 6¼ continuous hrs stationary of that rest time per block minor risk < 6¼ but not < 5¾ continuous hrs stationary of that rest time per block substantial risk < 5¾ but not < 5½ continuous hrs stationary of that rest time per block severe risk < 5½ continuous hrs stationary of that rest time per block critical risk s. 29 -- 151 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 144 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category 5½ hrs 5¼ hrs work time 15 continuous mins rest time > 5¼ hrs work time minor risk 8 hrs 7½ hrs work time 30 mins rest time, in blocks of 15 continuous mins > 7½ hrs work time minor risk 11 hrs 10 hrs work time 60 mins rest time, in blocks of 15 continuous mins ≤ 10¾ hrs work time > 10¾ hrs work time minor risk substantial risk 24 hrs 12 hrs work time ≤ 12¾ hrs work time minor risk __________________ s. 29 -- 152 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 145 SCHEDULE 4 WORK AND REST HOURS FOR DRIVERS WORKING UNDER BFM ACCREDITATION TABLE 1 BFM hours—Solo drivers of a fatigue regulated heavy vehicle Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category In any period of ... ... a driver must not work for more than ... ... and must have the rest of that period off work, with at least ... If in that period a driver has … … the following category of offence is committed … 6¼ hrs 6 hrs work time 15 continuous mins stationary rest time > 6 hrs work time minor risk 9 hrs 8½ hrs work time 30 mins stationary rest time, in blocks of 15 continuous mins > 8½ hrs work time minor risk 12 hrs 11 hrs work time 60 mins stationary rest time, in blocks of 15 continuous mins ≤ 11¾ hrs work time > 11¾ hrs work time minor risk substantial risk 24 hrs 14 hrs work time ≤ 14¾ hrs work time minor risk > 14¾ but not > 15¼ hrs work time substantial risk s. 29 -- 153 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 146 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category > 15¼ but not > 15½ hrs work time severe risk > 15½ hrs work time critical risk 7 continuous hrs stationary rest time < 7 but not < 6¼ continuous hrs stationary rest time minor risk < 6¼ but not < 5¾ continuous hrs stationary rest time substantial risk < 5¾ but not < 5½ continuous hrs stationary rest time severe risk < 5½ continuous hrs stationary rest time critical risk 7 days (168 hrs) 36 hrs long/night work time ≤ 36¾ hrs long/night work time minor risk > 36¾ but not > 37¼ hrs long/night work time substantial risk s. 29 -- 154 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 147 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category > 37¼ but not > 37½ hrs long/night work time severe risk > 37½ hrs long/night work time critical risk 14 days (336 hrs) 144 hrs work time ≤ 145½ hrs work time minor risk > 145½ but not > 146½ hrs work time substantial risk > 146½ but not > 147 hrs work time severe risk > 147 hrs work time critical risk 24 continuous hrs stationary rest time taken after no more than 84 hrs work time, and < 24 but not < 23¼ continuous hrs stationary rest time minor risk < 23¼ but not < 22¾ continuous hrs stationary rest time substantial risk < 22¾ but not < 22½ continuous hrs stationary rest time severe risk s. 29 -- 155 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 148 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category < 22½ continuous hrs stationary rest time critical risk 24 continuous hrs stationary rest time, and < 24 but not < 23¼ continuous hrs stationary rest time minor risk < 23¼ but not < 22¾ continuous hrs stationary rest time substantial risk < 22¾ but not < 22½ continuous hrs stationary rest time severe risk < 22½ continuous hrs stationary rest time critical risk 2 × night rest breaks, and < 7 but not < 6¼ continuous hrs stationary rest time per block minor risk s. 29 -- 156 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 149 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category < 6¼ but not < 5¾ continuous hrs stationary of that rest time per block substantial risk < 5¾ but not < 5½ continuous hrs stationary of that rest time per block severe risk < 5½ continuous hrs stationary of that rest time per block critical risk 2 × night rest breaks taken on consecutive days < 7 but not < 6¼ continuous hrs stationary of that rest time per block minor risk < 6¼ but not < 5¾ continuous hrs stationary of that rest time per block substantial risk s. 29 -- 157 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 150 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category < 5¾ but not < 5½ continuous hrs stationary of that rest time per block severe risk < 5½ continuous hrs stationary of that rest time per block critical risk 6¼ hrs 6 hrs work time 15 continuous mins stationary rest time > 6 hrs work time minor risk s. 29 -- 158 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 151 TABLE 2 BFM hours—Two-up drivers of a fatigue regulated heavy vehicle Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category In any period of ... ... a driver must not work for more than ... ... and must have the rest of that period off work, with at least ... If in that period a driver has … … the following category of offence is committed … 24 hrs 14 hrs work time 10 hrs stationary rest time, or 10 hrs rest time in an approved sleeper berth while the vehicle is moving or is stationary ≤ 14¾ hrs work time > 14¾ but not > 15¼ hrs work time > 15¼ but not > 15½ hrs work time minor risk substantial risk severe risk > 15½ hrs work time critical risk 82 hrs 10 continuous hrs stationary rest time < 10 but not < 9¼ continuous hrs stationary rest time minor risk < 9¼ but not < 8¾ continuous hrs stationary rest time substantial risk s. 29 -- 159 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 152 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category < 8¾ but not < 8½ continuous hrs stationary rest time severe risk < 8½ continuous hrs stationary rest time critical risk 7 days (168 hrs) 70 hrs work time ≤ 68½ hrs work time minor risk > 68½ but not > 67½ hrs work time substantial risk > 67½ but not > 67 hrs work time severe risk > 67 hrs work time critical risk 24 continuous hrs stationary rest time, and < 24 but not < 23¼ continuous hrs stationary rest time minor risk < 23¼ but not < 22¾ continuous hrs stationary rest time substantial risk s. 29 -- 160 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 153 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category < 22¾ but not < 22½ continuous hrs stationary rest time severe risk < 22½ continuous hrs stationary rest time critical risk 24 hrs stationary rest time in blocks of at least 7 continuous hrs < 24 but not < 23¼ hrs stationary rest time in total < 7 but not < 6¼ continuous hrs stationary rest time per block minor risk < 23¼ but not < 22¾ hrs stationary rest time in total < 6¼ but not < 5¾ continuous hrs stationary rest time per block substantial risk s. 29 -- 161 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 154 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category < 22¾ but not < 22½ hrs stationary rest time in total < 5¾ but not < 5½ continuous hrs stationary rest time per block severe risk < 22½ hrs stationary rest time in total < 5½ continuous hrs stationary rest time per block critical risk 14 days (336 hrs) 140 hrs work time ≤ 141½ hrs work time minor risk > 141½ but not > 142½ hrs work time substantial risk > 142½ but not > 143 hrs work time severe risk > 143 hrs work time critical risk s. 29 -- 162 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 155 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category 4 × 7 continuous hrs stationary rest time between 10 p.m. on a day and 8 a.m. on the next day, using the time zone of the vehicle's driver base < 7 but not < 6¼ continuous hrs stationary rest time per block < 6¼ but not < 5¾ continuous hrs stationary of that rest time per block minor risk substantial risk < 5¾ but not < 5½ continuous hrs stationary of that rest time per block severe risk < 5½ continuous hrs stationary of that rest time per block critical risk 24 hrs 14 hrs work time 10 hrs stationary rest time, or 10 hrs rest time in an approved sleeper berth while the vehicle is moving or is stationary ≤ 14¾ hrs work time > 14¾ but not > 15¼ hrs work time > 15¼ but not > 15½ hrs work time minor risk substantial risk severe risk > 15½ hrs work time critical risk s. 29 -- 163 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 156 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category 82 hrs 10 continuous hrs stationary rest time < 10 but not < 9¼ continuous hrs stationary rest time minor risk 7 days (168 hrs) 70 hrs work time ≤ 68½ hrs work time minor risk > 68½ but not > 67½ hrs work time substantial risk > 67½ but not > 67 hrs work time severe risk > 67 hrs work time critical risk 24 continuous hrs stationary rest time, and < 24 but not < 23¼ continuous hrs stationary rest time minor risk < 23¼ but not < 22¾ continuous hrs stationary rest time substantial risk < 22¾ but not < 22½ continuous hrs stationary rest time severe risk s. 29 -- 164 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 157 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category < 22½ continuous hrs stationary rest time critical risk 24 hrs stationary rest time in blocks of at least 7 continuous hrs < 24 but not < 23¼ hrs stationary rest time in total < 7 but not < 6¼ continuous hrs stationary rest time per block minor risk < 23¼ but not < 22¾ hrs stationary rest time in total < 6¼ but not < 5¾ continuous hrs stationary rest time per block substantial risk s. 29 -- 165 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 158 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category < 22¾ but not < 22½ hrs stationary rest time in total < 5¾ but not < 5½ continuous hrs stationary rest time per block severe risk < 22½ hrs stationary rest time in total < 5½ continuous hrs stationary rest time per block critical risk 14 days (336 hrs) 140 hrs work time ≤ 141½ hrs work time minor risk > 141½ but not > 142½ hrs work time substantial risk > 142½ but not > 143 hrs work time severe risk > 143 hrs work time critical risk s. 29 -- 166 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 159 Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time Column 4 Offence category 4 × 7 continuous hrs stationary rest time between 10 p.m. on a day and 8 a.m. on the next day, using the time zone of the vehicle's driver base < 7 but not < 6¼ continuous hrs stationary rest time per block < 6¼ but not < 5¾ continuous hrs stationary of that rest time per block minor risk substantial risk < 5¾ but not < 5½ continuous hrs stationary of that rest time per block severe risk < 5½ continuous hrs stationary of that rest time per block critical risk 14 days (336 hrs) 140 hrs work time ≤ 141½ hrs work time minor risk > 141½ but not > 142½ hrs work time substantial risk __________________ s. 29 -- 167 of 227 -- Part 2—Amendment of Road Safety Act 1986 Road Legislation Further Amendment Act 2007 No. 74 of 2007 160 SCHEDULE 4A AFM OUTER LIMITS Column 1 Total period Column 2 Maximum work time Column 3 Minimum rest time In any period of ... ... a driver must not work for more than ... ... and must have the rest of that period off work, with at least ... 24 hrs 15 hrs work time 6 continuous hrs stationary rest time (or in the case of a two-up driver, rest in an approved sleeper berth), or 8 hrs stationary rest time (or in the case of a two-up driver, rest in an approved sleeper berth) taken in no more than 2 blocks 14 days (336 hrs) 154 hrs work time 2 × 7 continuous hrs stationary rest time between 10 pm on a day and 8 am on the next day, using the time zone of the vehicle's driver base 28 days (672 hrs) 288 hrs work time 4 × 24 continuous hrs stationary rest time __________________". __________________ s. 29 -- 168 of 227 -- Part 3—Amendment of Chattel Securities Act 1987 Road Legislation Further Amendment Act 2007 No. 74 of 2007 161 PART 3—AMENDMENT OF CHATTEL SECURITIES ACT 1987 30 New section 16B inserted After section 16A of the Chattel Securities Act 1987 insert— "16B Corporation may enter into agreement with sheriff about registration fees The Corporation may enter into an agreement with the sheriff for the registration of security interests arising because of the making of directions by the sheriff under section 116 of the Infringements Act 2006 (including a deemed direction under section 114(4) of that Act) for fees that— (a) are less than the prescribed fee; and (b) do not exceed the costs of registering the security interests.". 31 Section 18 substituted For section 18 of the Chattel Securities Act 1987 substitute— "18 Cancellation of registration (1) A person who is the holder of a registered security interest may apply to the Corporation for the cancellation of the registration. (2) For the purposes of this Act, an application has not been made until it has been lodged with the Corporation. s. 30 See: Act No. 15/1987. Reprint No. 3 as at 10 May 2007. LawToday: www. legislation. vic.gov.au -- 169 of 227 -- Part 3—Amendment of Chattel Securities Act 1987 Road Legislation Further Amendment Act 2007 No. 74 of 2007 162 (3) The Corporation must reject an application unless— (a) it is made in a manner approved by the Corporation; and (b) it is in a form approved by the Corporation and contains the information required by the Corporation.". 32 Corporation to record details of cancellation In section 20 of the Chattel Securities Act 1987, after "19" insert "and not rejected by the Corporation". 33 Prescribed fees for variation After section 21(1) of the Chattel Securities Act 1987 insert— "(1A) An application made under subsection (1) must be accompanied by the prescribed fee (if any).". 34 Variation of particulars At the end of section 22 of the Chattel Securities Act 1987 insert— "(2) The Corporation may charge the holder of the registered security interest to whom the particulars relate the prescribed fee (if any) for varying the particulars in accordance with this section.". s. 32 -- 170 of 227 -- Part 3—Amendment of Chattel Securities Act 1987 Road Legislation Further Amendment Act 2007 No. 74 of 2007 163 35 Correction of inaccuracies in the register (1) Insert the following heading to section 22A of the Chattel Securities Act 1987— "Correction of inaccuracies in the register". (2) After section 22A(2) of the Chattel Securities Act 1987 insert— "(3) The Corporation may charge the holder of the registered security interest the prescribed fee (if any) for varying the information in the register in accordance with this section.". 36 Certificate (1) For section 24(2)(b) of the Chattel Securities Act 1987 substitute— "(b) goods which a member of the police force has advised the Corporation have been reported to a member of the police force as being stolen or otherwise illegally obtained; or". (2) For section 24(3) of the Chattel Securities Act 1987 substitute— "(3) Neither the Corporation nor any other person incurs any liability in respect of a certificate issued under subsection (1) or information provided under subsection (2) if— (a) the certificate or information contains or is accompanied by a disclaimer that the certificate or information is provided without liability and without any responsibility for the accuracy of the certificate or information; and (b) the certificate or information is provided in good faith.". s. 35 -- 171 of 227 -- Part 3—Amendment of Chattel Securities Act 1987 Road Legislation Further Amendment Act 2007 No. 74 of 2007 164 37 New section 24A inserted After section 24 of the Chattel Securities Act 1987 insert— "24A Provision of information other than by certificate (1) The Corporation may, on payment of the prescribed fee (if any), provide information of the type referred to in sections 24(1) and 24(2) to a person without providing a certificate under that section in the approved form. (2) To remove any doubt, if the Corporation provides information under subsection (1) to a person who purchases or purports to purchase an interest in goods, the provision of the information does not, under section 7(1A), extinguish a registered interest a secured party has in the goods.". 38 Regulations For section 28(2) of the Chattel Securities Act 1987 substitute— "(2) Without limiting subsection (1), the regulations may provide for the payment of fees including— (a) the matters for which fees are payable; and (b) the amount of the fees; and (c) the persons by whom the fees are payable. (3) A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters— (a) specific fees; s. 37 -- 172 of 227 -- Part 3—Amendment of Chattel Securities Act 1987 Road Legislation Further Amendment Act 2007 No. 74 of 2007 165 (b) maximum or minimum fees; (c) maximum and minimum fees; (d) ad valorem fees; (e) the payment of fees either generally or under specified conditions or in specified circumstances; (f) the reduction, waiver or refund, in whole or in part, of the fees. (4) If under subsection (3)(f) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically— (a) in respect of certain matters or transactions or classes of matters or transactions; or (b) in respect of certain documents or classes of documents; or (c) when an event happens; or (d) in respect of certain persons or classes of persons; or (e) in respect of any combination of such matters, transactions, documents, events or persons; or (f) subject to specified conditions or in the discretion of any specified person or body. (5) The regulations— (a) may be of general or specifically limited application; and (b) may differ according to differences in time, place or circumstances.". __________________ s. 38 -- 173 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 166 PART 4—AMENDMENT OF EASTLINK PROJECT ACT 2004 39 Definitions In section 3(1) of the EastLink Project Act 2004— (a) insert the following definitions— "authorised person means a person authorised in writing by the Freeway Corporation under section 197AA; corresponding body has the same meaning as in section 84BB of the Road Safety Act 1986; corresponding law has the same meaning as in section 84BB of the Road Safety Act 1986; effective, in relation to an illegal user statement, a known user statement or a sold vehicle statement, means a statement that is, or is accepted by an authorised person under section 199 as, and has not ceased to be, an effective statement for the purposes of Part 9; illegal user statement, in relation to the use of a vehicle, means a statement in writing made by a responsible person to the effect that the person believes that at the relevant time the vehicle was a stolen vehicle or that the number plates displayed on the vehicle were stolen; known user statement, in relation to the use of a vehicle, means a statement in writing made by a responsible person— s. 39 See: Act No. 39/2004. Reprint No. 1 as at 30 November 2005 and amending Act Nos 32/2006, 48/2006, 63/2006, 85/2006 and 14/2007. LawToday: www. legislation. vic.gov.au -- 174 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 167 (a) to the effect that the person was not driving at the relevant time, or had not at that time possession or control of, the vehicle; and (b) containing sufficient information to identify and locate the person who the responsible person last knew to have, before the relevant time, possession or control of the vehicle; nomination rejection statement means a statement in writing made by a person nominated in a known user statement or a sold vehicle statement as being the responsible person in relation to a vehicle to the effect that— (a) if nominated in a known user statement, the person had not had possession or control of the vehicle at the relevant time, as stated in the known user statement; and (b) if nominated in a sold vehicle statement, the vehicle had not been sold or disposed of to the person, and that no interest in it had otherwise vested in the person, as stated in the sold vehicle statement; operator, in relation to a vehicle at the time the vehicle was driven in a toll zone, means each of the following— (a) the registered operator of the vehicle at that time or the person recorded at that time on a register of vehicles maintained under a s. 39 -- 175 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 168 corresponding law as the person responsible for the vehicle; (b) if VicRoads under the regulations under the Road Safety Act 1986, or a corresponding body under a corresponding law, has received notice of transfer of registration of the vehicle, the person whose name is disclosed in the records kept by VicRoads or the corresponding body (as the case requires) as being responsible for the vehicle at that time; (c) if the vehicle is not registered under the Road Safety Act 1986 or a corresponding law, the person whose name is disclosed in the records kept by VicRoads or the corresponding body as being responsible for the vehicle at that time; (d) if the vehicle displays a number plate— (i) the person who, at the time at which the registration number borne by that number plate was last assigned by VicRoads or a corresponding body, was the registered operator of, or (if assigned by a corresponding body) the person recorded on a register of vehicles maintained under the corresponding law as the person responsible for, the vehicle to which that s. 39 -- 176 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 169 registration number was assigned, whether or not that vehicle is the same as the vehicle involved in the offence; or (ii) the person whose name is disclosed in the records kept by VicRoads or a corresponding body as being entitled, or last entitled, at that time to use or possess that number plate; (e) if the vehicle displays a general identification mark by means of a special identification plate issued by VicRoads under the regulations under the Road Safety Act 1986 or by a corresponding body under a corresponding law, the person to whom the mark is assigned at that time; registered operator has the same meaning as in section 3(1) of the Road Safety Act 1986; responsible person means— (a) the operator; or (b) the person nominated in an effective known user statement or an effective sold vehicle statement; sold vehicle statement, in relation to the use of a vehicle, means a statement in writing made by a responsible person— s. 39 -- 177 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 170 (a) to the effect that— (i) the person had sold or otherwise disposed of the vehicle before the relevant time or that any interest in the vehicle had otherwise ceased to be vested in the person before that time; and (ii) the person was not at that time driving, or had not at that time possession or control of, the vehicle; and (b) containing sufficient information to identify and locate the person to whom the vehicle was sold or disposed of, or in whom an interest in the vehicle was otherwise vested, and the date and, if relevant, the time of sale, disposal or vesting; tolling nomination statement means a tolling nomination statement made by an authorised person under Part 6AA of the Road Safety Act 1986; tollway billing arrangement means an agreement or arrangement between a person and a tollway operator (or an agent of a tollway operator) relating to the payment of tolls for the use of a vehicle in a tollway; tollway operator means a person, other than the Freeway Corporation, who— (a) operates a tollway under a law of this State, or another State or of a Territory, or under an agreement s. 39 -- 178 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 171 between that person and the State or another State or Territory; and (b) is empowered or entitled, under that law or agreement, to levy or impose a toll or charge for the use of the tollway;"; (b) the definition of owner is repealed; (c) for the definition trip substitute— "trip means the driving of a vehicle on EastLink— (a) in a single direction; and (b) through one or more toll zones (without repeating a toll zone); and (c) within the space of a single hour; and (d) whether or not that driving is interrupted by exit from EastLink; and (e) that, if the driving is interrupted by exit from EastLink, involves re-entering at a point that is forwards of the point of exit;". 40 New section 197AA inserted Before section 197 of the EastLink Project Act 2004 insert— "197AA Authorisation of authorised persons The Freeway Corporation may, in writing, authorise a person to carry out functions under this Part.". s. 40 -- 179 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 172 41 Liability to pay toll charged In sections 197(2) and 197(3) of the EastLink Project Act 2004 for "owner" (wherever occurring) substitute "operator". 42 Exemptions from toll and toll administration fees (1) In sections 198(1) and 198(4) of the EastLink Project Act 2004, for "freeway use agreement" substitute "tollway billing arrangement". (2) In section 198(5) of the EastLink Project Act 2004, for "72 hours" substitute "3 days, beginning on the day after the day on which the vehicle was used in a toll zone". 43 Section 199 substituted and new sections 199A and 199B inserted For section 199 of the EastLink Project Act 2004 substitute— "199 Operator not liable if effective tolling statement made (1) The operator of a vehicle is not liable under section 197 to pay a toll or toll administration fee for the use of the vehicle in a toll zone if, within the period of 14 days after the request for payment of the toll or toll administration fee, the operator gives to an authorised person— (a) an illegal user statement; or (b) a known user statement; or (c) a sold vehicle statement— and the authorised person accepts the statement as an effective statement for the purposes of this Part. s. 41 -- 180 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 173 (2) Information contained in a known user statement or a sold vehicle statement identifying a person is sufficient for the purposes of this Part if it contains— (a) in the case of an individual, the individual's full name and current home address and either the individual's date of birth or the number of the licence or permit authorising the individual to drive and, if that licence or permit is issued by a corresponding body, the name of that body; and (b) in the case of a person other than an individual, its full name and current address and (where applicable) its Australian Business Number or Australian Company Number; and (c) reasons for nominating the individual under paragraph (a) or the person under paragraph (b); (d) in any case, any other prescribed information. (3) A statement containing all the information required by subsection (2) may be accepted by an authorised person as an effective statement for the purposes of this Part. (4) In addition, an authorised person may decide to accept a known user statement or a sold vehicle statement as an effective statement for the purposes of this Part even if it does not contain all the information required by subsection (2) if the authorised person is satisfied that it contains sufficient information to identify and locate the nominated person. s. 43 -- 181 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 174 (5) An authorised person may decide to accept an illegal user statement as an effective statement for the purposes of this Part if satisfied as to the matters, and any reasons set out in support of those matters, stated in the statement. (6) In any proceedings for the recovery of a toll or toll administration fee, an effective statement that is a known user statement or a sold vehicle statement is evidence that the person named in the statement was driving the vehicle at all the relevant times relating to the matter specified in the statement, if the proceedings are— (a) against the person named in the statement; and (b) in respect of the matter named in the statement. 199A Cancellation of acceptance of statement (1) An authorised person may cancel the acceptance of a known user statement or sold vehicle statement as an effective statement for the purposes of this Part if— (a) the person nominated in the statement as being the responsible person gives to an authorised person within the prescribed period a nomination rejection statement; and (b) the authorised person is satisfied, having regard to the matters stated in the nomination rejection statement, that the nomination was incorrect. s. 43 -- 182 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 175 (2) If the acceptance of a statement as an effective statement is cancelled under subsection (1), on that cancellation— (a) the statement ceases to be effective for the purposes of this Part and cannot be used by an authorised person to make a tolling nomination statement; and (b) the operator who would, but for the statement, have continued to be the responsible person in relation to the vehicle becomes again the responsible person. 199B Offence to provide false or misleading information A person must not in a statement given to the authorised person under section 199(1) or 199A(1) provide information that the person knows to be false or misleading. Penalty: 60 penalty units.". 44 Charge of toll (1) For section 200(1) of the EastLink Project Act 2004 substitute— "(1) The Freeway Corporation may make a request for payment of a toll for the use of a vehicle in a toll zone and any relevant toll administration fee from— (a) the operator of the vehicle; and (b) the person nominated in a known user statement or a sold vehicle statement that has been accepted by an authorised person as an effective statement.". s. 44 -- 183 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 176 (2) In section 200(2) of the EastLink Project Act 2004— (a) for "demand" substitute "request for payment"; (b) in paragraph (b) for "payable; and" substitute "payable."; (c) paragraph (c) is repealed. (3) Sections 200(3) and 200(4) of the EastLink Project Act 2004 are repealed. (4) In section 200(5) of the EastLink Project Act 2004 for "demand" substitute "request for payment". (5) In section 200(6) of the EastLink Project Act 2004 for "72 hours" substitute "3 days, beginning on the day after the day on which the vehicle was used in a toll zone". 45 Payment of toll In section 201 of the EastLink Project Act 2004— (a) for "demand" (wherever occurring) substitute "request for payment"; (b) for "demands" (where twice occurring) substitute "requests for payment". 46 Division 3 heading amended In the heading to Division 3 of Part 9 of the EastLink Project Act 2004 after "offences" insert "and registration of vehicles". s. 45 -- 184 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 177 47 Sections 204 and 205 substituted For sections 204 and 205 of the EastLink Project Act 2004 substitute— "204 Offence to drive unregistered vehicle in toll zone (1) A person must not drive a vehicle in a toll zone unless the vehicle is registered under this Part in respect of that toll zone by the Freeway Corporation. Penalty: 10 penalty units. (2) If during the course of a trip a person commits an offence against subsection (1), the person is guilty of only one offence against that subsection, regardless of how many toll zones the person drives in during the course of that trip. (3) If a person drives a vehicle in a toll zone and the trip commences before midnight on a particular day and ends on the succeeding day— (a) a person is guilty of only one offence under subsection (1) in relation to that trip; and (b) the offence is to be taken to have occurred on the day on which the trip commenced. (4) In a proceeding for an offence against subsection (1), it is a defence to the charge for the driver to prove that he or she believed on reasonable grounds, at the time the offence is alleged to have been committed, that the vehicle— (a) was registered under this Part in respect of the relevant toll zone by the Freeway Corporation; or s. 47 -- 185 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 178 (b) was covered by a tollway billing arrangement. (5) In a proceeding for an offence against subsection (1), it is a defence to the charge for the driver to prove— (a) that he or she received, or was issued, an invoice in respect of the trip that is the subject of the charge; and (b) that the invoice was paid in full (even though it may also have related to trips other than the trip that is the subject of the charge) in any manner, and within the time, permitted by the invoice. (6) In subsection (5), invoice means a request for the payment of a toll in respect of a trip and any relevant toll administration fees. (7) Despite anything to the contrary in this or any other Act (other than the Charter of Human Rights and Responsibilities)— (a) only one criminal proceeding may be commenced in respect of an offence constituted by the driving of any one vehicle in a toll zone on any one day; and (b) only one infringement notice may be issued in respect of an offence constituted by the driving of any one vehicle in a toll zone on any one day— regardless of how many toll zones the vehicle is driven in during the course of that day and how many trips the vehicle makes during the course of that day and how many different people drive the vehicle during the course of that day. s. 47 -- 186 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 179 (8) For the purposes of subsection (7), a criminal proceeding commenced against, or an infringement notice served on, a person in respect of an offence against subsection (1) is to be disregarded if the charge or infringement notice is withdrawn. (9) Subsection (1) does not apply in respect of a vehicle if it is exempted, in accordance with the regulations, from the requirement to be registered under this Part. (10) Subsection (1) does not apply in respect of a vehicle that under the regulations is exempt from the payment of tolls. (11) Subsection (1) does not apply in respect of a vehicle covered by a tollway billing arrangement. (12) On a person being found guilty of an offence under subsection (1), any debt that arose under section 197 as a result of the person driving in the toll zone on the day of the offence in the vehicle that was the subject of the offence is extinguished. 205 Registration of vehicles (1) The Freeway Corporation must establish and maintain a register of vehicles. (2) The Freeway Corporation may register a vehicle— (a) for a specified period; or (b) until the happening of a specified event; or (c) for an unlimited period; or (d) in respect of all toll zones or a specified toll zone or toll zones. s. 47 -- 187 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 180 (3) A person may seek the registration, under this Part, of a vehicle or more than one vehicle by application made to the Freeway Corporation in writing or orally or partly in writing and partly orally. (4) The Freeway Corporation may, in accordance with this Part, cancel or suspend the registration of a vehicle. 205A On-going registration (1) Without limiting its discretion otherwise to do so, the Freeway Corporation may refuse to register a vehicle unless the vehicle is the subject of an agreement that is wholly or partly in writing between the Freeway Corporation and the person seeking registration. (2) Without limiting the matters about which an agreement referred to in subsection (1) may provide, it may— (a) be expressed as having force for a specified period or until the happening of a specified event or for an unlimited period; and (b) contain specified terms including conditions of use and procedures to be followed to settle disputes that arise under the agreement; and (c) specify the circumstances in which, and procedure by which, the agreement, or the registration under this Part of a vehicle that is subject of the agreement, may be cancelled or suspended. s. 47 -- 188 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 181 (3) The agreement by the Freeway Corporation to register a vehicle under this Part is sufficient consideration on the part of the Freeway Corporation for an agreement referred to in subsection (1). 205B Temporary registration (1) The Freeway Corporation may register a vehicle for a specified period of up to 14 days without an agreement of a kind referred to in section 205A(1) being in force in respect of the vehicle. (2) Registration in accordance with this section may be granted subject to conditions of use notified to the person seeking the registration either orally or in writing or partly orally and in writing. (3) If registration is sought on a particular day for a period of 24 hours, the commencement of the registration may be back-dated to a time not earlier than the beginning of the day that is 3 days before the day on which registration is sought. (4) If registration is sought for a specified period (other than a period of 24 hours) and is sought— (a) before the end of that specified period or within the period of 2 days immediately following the end of that specified period; or (b) not later than 6 days after the beginning of that specified period— (whichever is the earlier), the commencement of registration may be back- dated to a time not earlier than the beginning of that specified period. s. 47 -- 189 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 182 (5) The agreement by the Freeway Corporation to register a vehicle under this Part is sufficient consideration on the part of the Freeway Corporation for an arrangement entered into in accordance with this section. 205C Information to be given in relation to registration (1) If the Freeway Corporation agrees to register a vehicle under this Part, it must give the following information to the person who sought the registration— (a) confirmation that the vehicle has been, or will be at a specified time, registered or of the circumstances in which the vehicle becomes registered; (b) the whole or that part of the licence plate number of the vehicle that is stated to the Freeway Corporation by that person; (c) an identifying number, or combination of letters and numbers, for the registration; (d) except in the case of a registration in accordance with section 205B, the conditions of use, if any; (e) except in the case of a registration in accordance with section 205B, information about how the registration may be cancelled or suspended; (f) in the case of registration in accordance with section 205B— (i) the period to which registration applies; or s. 47 -- 190 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 183 (ii) if the period to which the registration applies cannot be determined at the time the information is given, information which enables the person to determine the period to which the registration applies; (g) the toll zone or zones in respect of which the vehicle has been or will be registered. (2) The information referred to in subsection (1) is required to be given— (a) orally or in writing, in the case of information referred to in paragraph (a), (b), (c), (f) or (g) of that subsection; and (b) in writing, in the case of any other information. (3) The Freeway Corporation must give any information referred to in subsection (1) that it has not given to the person seeking registration before registering a vehicle to that person— (a) as soon as is practicable after registering the vehicle; and (b) in the case of information required to be given in writing, by sending notice containing that information to that person by post to an address nominated by that person within 5 business days after the date the registration is effected. Penalty: 100 penalty units. s. 47 -- 191 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 184 205D Cancellation or suspension of registration (1) If the Freeway Corporation cancels or suspends the registration under this Part of a vehicle, it must do so— (a) by any method stated for that purpose in an agreement relating to the vehicle; or (b) by giving notice of the cancellation or suspension in one of the following ways— (i) by personal service of written notice on the person who sought the registration; (ii) by personal service of written notice at the last address given to the Freeway Corporation by the person who sought the registration on a person who appears to be at least 16 years of age; (iii) by written notice posted to the last address given to the Freeway Corporation by the person who sought the registration; (iv) by written notice posted to the address of the owner of the vehicle to which the registration applies; (v) if the person who sought the registration is a corporation— (A) by personal service of written notice at the registered office of the corporation on a person who appears to be at least 16 years of age; or s. 47 -- 192 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 185 (B) by written notice posted to the registered office of the corporation. (2) A person is deemed to have been given a notice of cancellation or suspension— (a) under subsection (1)(b)(ii) on the next business day after the notice was served; or (b) under subsection (1)(b)(iii), (iv) or (v)(B) on the third business day after the envelope containing the notice was posted; or (c) under subsection (1)(b)(v)(A) on the day the notice was served.". 48 New section 206A inserted After section 206 of the EastLink Project Act 2004 insert— "206A Offence to fraudulently induce registration (1) A person must not by fraudulent or collusive means, or by false representation, induce the Freeway Corporation to register a vehicle under this Part. Penalty: 10 penalty units. (2) A person who seeks the right to drive a vehicle on a tollway must not make a false representation to the Freeway Corporation in seeking to do so. Penalty: 10 penalty units.". s. 48 -- 193 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 186 49 New section 206B inserted After the heading to Division 4 of Part 9 of the Eastlink Project Act 2004 insert— "206B Court to require payment of toll and costs (1) If a charge against a person for an offence against section 204 is found proven, whether or not a conviction is recorded or a penalty imposed for that offence, the court must make an order requiring the person to pay to the Freeway Corporation the prescribed administrative costs, if any. (2) An amount required to be paid under an order made under subsection (1) must be taken to be a judgment debt due by the person to the Freeway Corporation and payment of any amount remaining unpaid under the order may be enforced in the court by which it was made.". 50 Freeway Corporation may notify enforcement agency of non-payment of toll (1) In section 207(2) of the EastLink Project Act 2004— (a) in paragraph (a), for "owner" substitute "operator"; (b) for paragraph (b) substitute— "(b) to serve an infringement notice in accordance with this Division on the person nominated by an authorised person in a tolling nomination statement; or". s. 49 -- 194 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 187 (2) After section 207(4) of the EastLink Project Act 2004 insert— "(4A) If the Freeway Corporation or an authorised person believes, on reasonable grounds, that a vehicle that is not registered under this Part has, in respect of a particular toll zone, been driven in that toll zone in contravention of this Part, the Freeway Corporation may notify the enforcement agency to send a notice of the requirement to be registered under this Part in respect of that toll zone to the operator of the vehicle concerned." (3) Section 207(6) of the EastLink Project Act 2004 is repealed. 51 New section 207A inserted After section 207 of the EastLink Project Act 2004 insert— "207A Disputes in relation to payment of tolls (1) If the Freeway Corporation or an authorised person has made a request under section 207(4A), the enforcement agency may send, by post, a notice of the requirement to be registered under this Part in respect of the toll zone to the operator of the vehicle concerned. (2) If a dispute resolution process set out in an agreement referred to in section 205A(1) or established by Freeway Corporation relating to the registration, or non-registration, at a particular time of a vehicle under this Part is in progress, proceedings (other than civil proceedings) cannot be commenced under this Part relating to the non-registration of the vehicle at that time.". s. 51 -- 195 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 188 52 Power to serve a notice After section 210(1A) of the EastLink Project Act 2004 insert— "(1B) In addition to and without limiting section 12 of the Infringements Act 2006, an infringement notice referred to in subsection (1) may be served by sending the notice by post addressed to— (a) the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986) in relation to the vehicle involved in the offence; or (b) the person nominated in a tolling nomination statement that has been made by an authorised officer and accepted by an enforcement official as an effective statement under Part 6AA of the Road Safety Act 1986.". 53 Infringement penalty (1) In section 212(1) of the EastLink Project Act 2004, for "$100" substitute "1 penalty unit". (2) In section 212(2) of the EastLink Project Act 2004, for "$200" substitute "2 penalty units". 54 Additional effect of expiation In section 215 of the EastLink Project Act 2004 for "the debt to the Freeway Corporation for the toll and toll administration fee to which the offence relates" substitute "any debt that arose under section 204 as a result of the person driving in the toll zone on the day of the offence in the vehicle that was the subject of the offence". s. 52 -- 196 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 189 55 Section 219 substituted For section 219 of the EastLink Project Act 2004 substitute— "219 Operator onus offence An offence against section 204(1) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.". 56 New section 219A inserted After section 219 of the EastLink Project Act 2004 insert— "219A Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone (1) If an infringement notice for an offence against section 204(1) is not served by delivering it personally to the person to whom it was issued, and that person is not in fact aware that it had been issued, the person may apply to an infringements registrar (within the meaning of the Infringements Act 2006) or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, to have an extension of time of 28 days to deal with the notice in accordance with this Act. (2) An application under subsection (1) must— (a) be made within 14 days of the applicant becoming aware of the notice; and (b) be filed with the registrar; and (c) be accompanied by a sworn statement in writing or by a statutory declaration setting out the grounds on which the extension is sought. s. 55 -- 197 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 190 (3) If an application is made under subsection (1) to an infringements registrar within the meaning of the Infringements Act 2006, the registrar must— (a) refer the application to the Magistrates' Court constituted by a magistrate; and (b) cause a notice of the time and place of the hearing of the application to be given or sent to— (i) the person who served the infringement notice on the applicant or caused it to be served; and (ii) the applicant. (4) The Magistrates' Court or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, may only grant an extension of time if satisfied that the person was not in fact aware, more than 14 days before making an application under subsection (1), that the infringement notice had been issued. (5) On the granting of the extension of time— (a) the infringement notice continues to have effect, unless withdrawn under section 18 of the Infringements Act 2006, despite the doing of any thing or the taking of any step in relation to it under the Infringements Act 2006 or Schedule 3 to the Children, Youth and Families Act 2005 before the extension of time was granted, but if an enforcement order had been made in relation to it before the extension of time was granted and the person does s. 56 -- 198 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 191 not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and (b) the period specified in the infringement notice as the period for payment of the infringement penalty does not apply and the extended period becomes the period for which payment of the infringement penalty must be made; and (c) any fine or part of a fine within the meaning of the Infringements Act 2006 or infringement penalty or part of an infringement penalty and prescribed costs within the meaning of Schedule 3 to the Children, Youth and Families Act 2005 that has been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly), if the person takes a relevant action in relation to the notice within the extended period; and (d) any of the procedures set out in the Infringements Act 2006 or Schedule 3 to the Children, Youth and Families Act 2005 that are being used for the enforcement of the infringement penalty within the meaning of that Act or that Schedule, as the case requires, must be discontinued and any enforcement order made, or warrant issued, under that Act or that Schedule, as the case requires, ceases to have effect if the person takes a relevant action in relation to the notice within the extended period. s. 56 -- 199 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 192 (6) For the purposes of subsection (5) a person who is granted an extension of time as referred to in subsection (1) only takes a relevant action in relation to an infringement notice if the person— (a) pays the whole of the penalty shown on the infringement notice; or (b) gives a statement under section 84BE of the Road Safety Act 1986 to an enforcement official within the meaning of Part 6AA of that Act; or (c) elects to have the matter heard and determined in the Magistrates' Court under Part 2 of the Infringements Act 2006; or (d) is offered a payment plan in accordance with the Infringements Act 2006 and the enforcement agency under that Act or the Secretary (as the case may be) received the first payment under that plan from the person; or (e) in the case of a person who applies under section 22 of the Infringements Act 2006 for an internal review, is notified of a decision in accordance with section 25(1)(b), (c) or (d) of that Act or section 25(2) of that Act. (7) If the Magistrates' Court or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, grants an extension of time as referred to in subsection (1), an infringement notice may be withdrawn under section 18 of the Infringements Act 2006 even though the infringement penalty has been lodged with s. 56 -- 200 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 193 an infringements registrar under Part 4 of the Infringements Act 2006 or registered under Schedule 3 to the Children, Youth and Families Act 2005, as the case requires. (8) Despite anything to the contrary in this section or the Infringements Act 2006, the 28 day extension period under this section is suspended and no step may be taken in the enforcement of an infringement notice to which this section applies if a person has— (a) applied for an internal review under section 22 of that Act which has not been determined, until the application is determined and the applicant notified of the outcome; or (b) applied for a payment plan under section 46 of that Act, until— (i) the person is notified that his or her application for a payment plan has been refused; or (ii) in the case of a payment plan that has been offered, the payment plan is cancelled under section 48(2) of that Act; or (iii) in the case of a payment plan that has commenced— (A) the payment plan is cancelled under section 49(2)(b) of that Act; or (B) the infringement penalty in respect of that infringement notice is removed from the payment plan under section 49(2)(a) of that Act; or s. 56 -- 201 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 194 (C) the person receives written notice under section 52(2) of that Act advising the person that he or she is in default.". 57 Proof that vehicle driven on EastLink (1) In the heading to section 220 of the EastLink Project Act 2004 after "EastLink" insert "in a toll zone". (2) In section 220 of the EastLink Project Act 2004 after "EastLink" insert "in a toll zone". 58 Evidence of certificate or document from VicRoads (1) In section 221(2) of the EastLink Project Act 2004 for "owner" substitute "operator". (2) In section 221(4) of the EastLink Project Act 2004— (a) for "Act of the Commonwealth or of another State or Territory of the Commonwealth corresponding to the Road Safety Act 1986" substitute "corresponding law"; (b) in paragraphs (a) and (b), for "Act" (wherever occurring) substitute "law". 59 New section 221A inserted After section 221 of the EastLink Project Act 2004 insert— "221A General evidentiary provision A certificate in the prescribed form purporting to be issued by the enforcement agency certifying as to any matter related to a toll which appears in or can be calculated from the records kept by the enforcement agency is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of that matter.". s. 57 -- 202 of 227 -- Part 4—Amendment of EastLink Project Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 195 60 Evidence of certificate issued by Freeway Corporation In section 222 of the EastLink Project Act 2004, before paragraph (a) insert— "(aa) that a specified vehicle was, or was not, registered under this Part in respect of a specified toll zone at a specified time; or (ab) that the Freeway Corporation was, or was not, a party to an agreement relating to the use of a specified vehicle in a toll zone at a specified time; or". 61 Regulations After section 258(1)(f) of the EastLink Project Act 2004 insert— "(fa) the exemption by the Freeway Corporation of vehicles from the requirement to be registered under Part 9;". __________________ s. 60 -- 203 of 227 -- Part 5—Amendment of Melbourne City Link Act 1995 Road Legislation Further Amendment Act 2007 No. 74 of 2007 196 PART 5—AMENDMENT OF MELBOURNE CITY LINK ACT 1995 62 Definitions In section 69 of the Melbourne City Link Act 1995— (a) insert the following definitions— "authorised person means a person authorised in writing by the relevant corporation under section 69B; corresponding body has the same meaning as in section 84BB of the Road Safety Act 1986; corresponding law has the same meaning as in section 84BB of the Road Safety Act 1986; effective, in relation to an illegal user statement, a known user statement or a sold vehicle statement, means a statement that is, or is accepted by an authorised person under section 72 as, and has not ceased to be, an effective statement for the purposes of this Part; illegal user statement, in relation to the use of a vehicle, means a statement in writing made by a responsible person to the effect that the person believes that at the relevant time the vehicle was a stolen vehicle or that the number plates displayed on the vehicle were stolen; s. 62 See: Act No. 107/1995. Reprint No. 6 as at 10 February 2006 and amending Act Nos 61/2005, 32/2006, 48/2006, 63/2006, 74/2006, 81/2006, 85/2006, 14/2007 and 30/2007. LawToday: www. legislation. vic.gov.au -- 204 of 227 -- Part 5—Amendment of Melbourne City Link Act 1995 Road Legislation Further Amendment Act 2007 No. 74 of 2007 197 known user statement, in relation to the use of a vehicle, means a statement in writing made by a responsible person— (a) to the effect that the person was not driving at the relevant time, or had not at that time possession or control of, the vehicle; and (b) containing sufficient information to identify and locate the person who the responsible person last knew to have, before the relevant time, possession or control of the vehicle; nomination rejection statement means a statement in writing made by a person nominated in a known user statement or a sold vehicle statement as being the responsible person in relation to a vehicle to the effect that— (a) if nominated in a known user statement, the person had not had possession or control of the vehicle at the relevant time, as stated in the known user statement; and (b) if nominated in a sold vehicle statement, the vehicle had not been sold or disposed of to the person, and that no interest in it had otherwise vested in the person, as stated in the sold vehicle statement; operator, in relation to a vehicle at the time the vehicle is driven in a toll zone, means each of the following— s. 62 -- 205 of 227 -- Part 5—Amendment of Melbourne City Link Act 1995 Road Legislation Further Amendment Act 2007 No. 74 of 2007 198 (a) the registered operator of the vehicle at that time or the person recorded at that time on a register of vehicles maintained under a corresponding law as the person responsible for the vehicle; (b) if the Roads Corporation under the regulations under the Road Safety Act 1986, or a corresponding body under a corresponding law, has received notice of transfer of registration of the vehicle, the person whose name is disclosed in the records kept by the Roads Corporation or the corresponding body (as the case requires) as being responsible for the vehicle at that time; (c) if the vehicle is not registered under the Road Safety Act 1986 or a corresponding law, the person whose name is disclosed in the records kept by the Roads Corporation or the corresponding body as being responsible for the vehicle at that time; (d) if the vehicle displays a number plate— (i) the person who, at the time at which the registration number borne by that number plate was last assigned by the Roads Corporation or a corresponding body, was the registered operator of, or (if assigned by a corresponding s. 62 -- 206 of 227 -- Part 5—Amendment of Melbourne City Link Act 1995 Road Legislation Further Amendment Act 2007 No. 74 of 2007 199 body) the person recorded on a register of vehicles maintained under the corresponding law as the person responsible for, the vehicle to which that registration number was assigned, whether or not that vehicle is the same as the vehicle involved in the offence; or (ii) the person whose name is disclosed in the records kept by the Roads Corporation or a corresponding body as being entitled, or last entitled, at that time to use or possess that number plate; (e) if the vehicle displays a general identification mark by means of a special identification plate issued by the Roads Corporation under the regulations under the Road Safety Act 1986 or by a corresponding body under a corresponding law, the person to whom the mark is assigned at that time; registered operator has the same meaning as in section 3(1) of the Road Safety Act 1986; s. 62 -- 207 of 227 -- Part 5—Amendment of Melbourne City Link Act 1995 Road Legislation Further Amendment Act 2007 No. 74 of 2007 200 responsible person means— (a) the operator; or (b) the person nominated in an effective known user statement or an effective sold vehicle statement; sold vehicle statement, in relation to the use of a vehicle, means a statement in writing made by a responsible person— (a) to the effect that— (i) the person had sold or otherwise disposed of the vehicle before the relevant time or that any interest in the vehicle had otherwise ceased to be vested in the person before that time; and (ii) the person was not at that time driving, or had not at that time possession or control of, the vehicle; and (b) containing sufficient information to identify and locate the person to whom the vehicle was sold or disposed of, or in whom an interest in the vehicle was otherwise vested, and the date and, if relevant, the time of sale, disposal or vesting; tolling nomination statement means a tolling nomination statement made by an authorised person under Part 6AA of the Road Safety Act 1986;"; (b) the definition of owner is repealed. s. 62 -- 208 of 227 -- Part 5—Amendment of Melbourne City Link Act 1995 Road Legislation Further Amendment Act 2007 No. 74 of 2007 201 63 New section 69B inserted After section 69A of the Melbourne City Link Act 1995 insert— "69B Authorisation of authorised persons The relevant corporation may, in writing, authorise a person to carry out functions under this Part.". 64 Liability to pay toll and toll administration fees (1) In section 72(2) of the Melbourne City Link Act 1995 for "owner" substitute "operator". (2) For sections 72(3) and 72(4) of the Melbourne City Link Act 1995 substitute— "(3) The operator of a vehicle is not liable under subsection (2) to pay a toll and the relevant toll administration fee for the use of the vehicle in a toll zone if, within 28 days after being notified of the non-payment of the toll and toll administration fee, the operator gives to an authorised person— (a) an illegal user statement; or (b) a known user statement; or (c) a sold vehicle statement— and the authorised person accepts the statement as an effective statement for the purposes of this Part. (3A) Information contained in a known user statement or a sold vehicle statement identifying a person is sufficient for the purposes of this Part if it contains— (a) in the case of an individual, the individual's full name and current home address and either the individual's date of birth or the number of the licence or s. 63 -- 209 of 227 -- Part 5—Amendment of Melbourne City Link Act 1995 Road Legislation Further Amendment Act 2007 No. 74 of 2007 202 permit authorising the individual to drive and, if that licence or permit is issued by a corresponding body, the name of that body; and (b) in the case of a person other than an individual, its full name and current address and (where applicable) its Australian Business Number or Australian Company Number; and (c) reasons for nominating the individual under paragraph (a) or the person under paragraph (b); and (d) in any case, any other prescribed information. (3B) A statement containing all the information required by subsection (3A) may be accepted by an authorised person as an effective statement for the purposes of this Part. (3C) In addition, an authorised person may decide to accept a known user statement or a sold vehicle statement as an effective statement for the purposes of this Part even if it does not contain all the information required by subsection (3A) if the authorised person is satisfied that it contains sufficient information to identify and locate the nominated person. (3D) An authorised person may decide to accept an illegal user statement as an effective statement for the purposes of this Part if satisfied as to the matters, and any reasons set out in support of those matters, stated in the statement. (4) In any proceedings for the recovery of a toll or relevant toll administration fee, an effective statement that is a known user s. 64 -- 210 of 227 -- Part 5—Amendment of Melbourne City Link Act 1995 Road Legislation Further Amendment Act 2007 No. 74 of 2007 203 statement or a sold vehicle statement is evidence that the person named in the statement was driving the vehicle at all the relevant times relating to the matter named in the statement, if the proceedings are— (a) against the person named in the statement; and (b) in respect of the matter named in the statement.". 65 New sections 72AA and 72AB inserted After section 72 of the Melbourne City Link Act 1995 insert— "72AA Cancellation of acceptance of statement (1) An authorised person may cancel the acceptance of a known user statement or sold vehicle statement as an effective statement for the purposes of this Part if— (a) the person nominated in the statement as being the responsible person gives to an authorised person within the prescribed period a nomination rejection statement; and (b) the authorised person is satisfied, having regard to the matters stated in the nomination rejection statement, that the nomination was incorrect. (2) If the acceptance of a statement as an effective statement is cancelled under subsection (1), on that cancellation— (a) the statement ceases to be an effective statement for the purposes of this Part and cannot be used by an authorised person to make a tolling nomination statement; and s. 65 -- 211 of 227 -- Part 5—Amendment of Melbourne City Link Act 1995 Road Legislation Further Amendment Act 2007 No. 74 of 2007 204 (b) the operator who would, but for the statement, have continued to be the responsible person in relation to the vehicle becomes again the responsible person. 72AB Offence to provide false or misleading information A person must not in a statement given to the authorised person under section 72(3) or 72AA(1) provide information that the person knows to be false or misleading. Penalty: 60 penalty units.". 66 Charge of toll (1) In section 72B(1) of the Melbourne City Link Act 1995— (a) for "demand" substitute "make a request for"; (b) in paragraph (a), for "owner" substitute "operator"; (c) for paragraph (b) substitute— "(b) the person nominated in a known user statement or a sold vehicle statement that has been accepted by an authorised person as an effective statement.". (2) In section 72B(2) of the Melbourne City Link Act 1995 for "demand" substitute "request for payment". 67 Offence to drive unregistered vehicle in toll zone For the penalty at the foot of section 73(1) of the Melbourne City Link Act 1995 substitute— "Penalty: 10 penalty units.". s. 66 -- 212 of 227 -- Part 5—Amendment of Melbourne City Link Act 1995 Road Legislation Further Amendment Act 2007 No. 74 of 2007 205 68 Relevant corporation or authorised person may notify enforcement agency of non-payment of toll (1) In section 77(1) of the Melbourne City Link Act 1995 for ", or a person authorised by the relevant corporation for the purposes of this section," substitute "or an authorised person". (2) For section 77(1)(b)(ii) of the Melbourne City Link Act 1995 substitute— "(ii) to serve an infringement notice under section 80 on— (A) the operator of the vehicle involved in the offence; or (B) the person nominated by an authorised person in a tolling nomination statement; or". (3) In section 77(1A) of the Melbourne City Link Act 1995— (a) for "a person authorised by the relevant corporation for the purposes of this section" substitute "an authorised person". (b) for "owner" substitute "operator". 69 Disputes in relation to payment of tolls (1) In section 78(1) of the Melbourne City Link Act 1995, for "a person authorised by a relevant corporation for the purposes of section 77" substitute "an authorised person". (2) In section 78(1A) of the Melbourne City Link Act 1995— (a) for "a person authorised by a relevant corporation for the purposes of section 77" substitute "an authorised person"; (b) for "owner" substitute "operator". s. 68 -- 213 of 227 -- Part 5—Amendment of Melbourne City Link Act 1995 Road Legislation Further Amendment Act 2007 No. 74 of 2007 206 70 Power to serve a notice For section 80(2A)(b) of the Melbourne City Link Act 1995 substitute— "(b) the person nominated in a tolling nomination statement that has been made by an authorised person and accepted by an enforcement official as an effective statement under Part 6AA of the Road Safety Act 1986.". 71 Prescribed penalty (1) In section 82(1) of the Melbourne City Link Act 1995— (a) after "The" insert "prescribed"; (b) for "$100" substitute "1 penalty unit". (2) In section 82(2) of the Melbourne City Link Act 1995 for "$2000" substitute "20 penalty units". 72 General evidentiary provisions (1) In section 89(2) of the Melbourne City Link Act 1995 for "owner" substitute "operator". (2) In section 89(3) of the Melbourne City Link Act 1995— (a) for "an Act of the Commonwealth or another State or a Territory corresponding to the Road Safety Act 1986" substitute "a corresponding law"; (b) for "that Act" substitute "that corresponding law"; (c) for "owner" substitute "operator". s. 70 -- 214 of 227 -- Part 5—Amendment of Melbourne City Link Act 1995 Road Legislation Further Amendment Act 2007 No. 74 of 2007 207 (3) In section 89(3B) of the Melbourne City Link Act 1995— (a) for "Act of the Commonwealth or of another State or Territory of the Commonwealth corresponding to the Road Safety Act 1986" substitute "corresponding law"; (b) in paragraphs (a) and (b), for "Act" (wherever occurring) substitute "law". 73 Transitional provisions After section 124 of the Melbourne City Link Act 1995 insert— "125 Transitional provisions—Road Legislation Further Amendment Act 2007 (1) The amendments to a section of this Act made by Part 5 of the Road Legislation Further Amendment Act 2007 only apply to offences alleged to have been committed on or after the commencement of that Part. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of a provision in Part 5 of the Road Legislation Further Amendment Act 2007, the offence is alleged to have been committed before the commencement of that provision. (3) Part 4 of this Act, as in force immediately before the commencement of Part 5 of the Road Legislation Further Amendment Act 2007, continues to apply to offences committed before that commencement.". __________________ s. 73 -- 215 of 227 -- Part 6—Amendment of Road Management Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 208 PART 6—AMENDMENT OF ROAD MANAGEMENT ACT 2004 74 Definitions In section 3(1) of the Road Management Act 2004, after "traffic light," in the example at the foot of the definition of road-related infrastructure, insert "street light,". 75 Powers of a road authority In section 35(3) of the Road Management Act 2004, for "7" substitute "7A". 76 General functions In section 34(1) of the Road Management Act 2004— (a) after paragraph (c), insert— "(ca) to design, construct, inspect, repair and maintain roads and road infrastructure;"; (b) in paragraph (e), for "and (c)" substitute ", (c) and (ca)". s. 74 See: Act No. 12/2004. Reprint No. 2 as at 11 October 2006 and amending Act Nos 61/2005, 74/2006 and 85/2006. LawToday: www. legislation. vic.gov.au -- 216 of 227 -- Part 6—Amendment of Road Management Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 209 77 Street lighting arrangements After section 46 of the Road Management Act 2004, insert— "46A Specific duties and powers in relation to street lighting Schedule 7A has effect. Note However, see section 35, which provides that Schedules 1 to 7A do not affect the functions and powers conferred upon a road authority by this Act or any other Act. Also see section 15, which provides that a road authority may enter into an arrangement to transfer a road management function, and section 121, which provides that a road authority may enter into an agreement to conduct additional works.". 78 Defence to prove that reasonable care was taken (1) In section 105(1) of the Road Management Act 2004, for "a failure to maintain" substitute "the performance or non-performance of a road management function in respect of". (2) In section 105(2) of the Road Management Act 2004, for "a failure to maintain" substitute "the performance or non-performance of a road management function in respect of". s. 77 -- 217 of 227 -- Part 6—Amendment of Road Management Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 210 79 New Schedule 7A inserted After Schedule 7 to the Road Management Act 2004, insert— "SCHEDULE 7A STREET LIGHTING 1 Definitions In this Schedule— operating costs, in respect of street lighting, means all costs related to the operation and maintenance of the street lighting, including, but not limited to— (a) the costs of electricity supply; and (b) maintenance and repair costs; and (c) replacement costs for obsolete lighting; but not including installation costs; relevant municipal council, in relation to a road, means the municipal council for the municipal district in which the road is located; 2 Power to install street lighting A responsible road authority may, at its discretion, cause to be installed street lighting on roads or parts of roads for which it is the coordinating road authority or the responsible road authority to the extent and in a manner which it considers appropriate having regard to its road management functions. s. 79 -- 218 of 227 -- Part 6—Amendment of Road Management Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 211 3 Responsibility for installation and operating costs of street lighting (1) The installation costs and the operating costs of street lighting are to be paid— (a) in the case of the Link Road—by the Link corporation; and (b) in the case of the Extension road—by the Extension corporation; and (c) in the case of EastLink—by the EastLink corporation; and (d) in the case of street lights for a road that is not an arterial road, other than a road or part of a road referred to in paragraph (a), (b) or (c)—by the responsible road authority for that road; and (e) in the case of street lights for a service road on an arterial road, other than a road or part of a road referred to in paragraph (a), (b) or (c), and any adjacent area for which a municipal council is the responsible road authority—by the council; and (f) in the case of street lights for an arterial road or part of an arterial road not otherwise referred to in paragraph (a), (b), (c), (d) or (e)—in accordance with subclause (2). (2) For the purposes of subclause (1)(f)— (a) the installation costs are to be paid by the road authority that caused the street lighting to be installed for the road; and s. 79 -- 219 of 227 -- Part 6—Amendment of Road Management Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 212 (b) the operating costs are to be paid by VicRoads and the relevant municipal council in the following proportions— (i) 60% by VicRoads; (ii) 40% by the council. 4 Transitional provisions—cost allocation tables for arterial roads (1) In this clause Street Lighting Committee means the Street Lighting Committee referred to in Schedule 5 of the Transport Act 1983 before the repeal of that Schedule by the Road Legislation Further Amendment Act 2007. (2) Despite clause 3, for a period set out in Column 1 of Table 1, 2 or 3, the allocation of operating costs for street lighting on arterial roads, or parts of arterial roads, referred to in clause 3(1)(f) is in accordance with this clause. (3) For street lighting on arterial roads that has been installed— (a) after receiving approval from the Street Lighting Committee, the operating costs for the street lighting for a period set out in Column 1 of Table 1 is to be paid by VicRoads and the relevant municipal council in the proportions set out opposite in Columns 2 and 3 of that Table; and (b) at the initiation of VicRoads but which was not approved by the Street Lighting Committee, the operating costs for the street lighting for a period set out in Column 1 of Table 2 must be paid by VicRoads and the relevant municipal council in the proportions set out s. 79 -- 220 of 227 -- Part 6—Amendment of Road Management Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 213 opposite in Columns 2 and 3 of that Table; and (c) at the initiation of a municipal council but which was not approved by the Street Lighting Committee, the operating costs for the street lighting for a period set out in Column 1 of Table 3 must be paid by VicRoads and the relevant municipal council in the proportions set out in Columns 2 and 3 of that Table. (4) For the purposes of this clause, in the absence of reliable records as to whether particular street lighting was approved by the Street Lighting Committee— (a) the Street Lighting Committee will be deemed to have approved street lighting if, as at 31 December 2007, the operating costs of the street lighting are in practice being paid by VicRoads and the relevant municipal council in the following proportions— (i) VicRoads, two-thirds; and (ii) the relevant municipal council, one-third; (b) the Street Lighting Committee will be deemed not to have approved street lighting if, as at 31 December 2007, the operating costs of the street lighting are in practice not being shared between VicRoads and the relevant municipal council. s. 79 -- 221 of 227 -- Part 6—Amendment of Road Management Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 214 (5) This clause and Tables 1, 2 and 3 expire on 1 July 2013. Table 1 Allocation of operating costs for street lighting on arterial roads that was previously approved by the Street Lighting Committee Column 1 Column 2 Column 3 Date Proportion of operating costs to be paid by VicRoads Proportion of operating costs to be paid by municipal council 1 January 2008– 30 June 2010 2/3 1/3 Table 2 Allocation of operating costs for street lighting on arterial roads that was not previously approved by the Street Lighting Committee and was initiated by VicRoads Column 1 Column 2 Column 3 Date Proportion of operating costs to be paid by VicRoads Proportion of operating costs to be paid by municipal council 1 January 2008– 30 June 2010 100% nil s. 79 -- 222 of 227 -- Part 6—Amendment of Road Management Act 2004 Road Legislation Further Amendment Act 2007 No. 74 of 2007 215 Table 3 Allocation of operating costs for street lighting on arterial roads that was not previously approved by the Street Lighting Committee and was initiated by a municipal council Column 1 Column 2 Column 3 Date Proportion of operating costs to be paid by VicRoads Proportion of operating costs to be paid by municipal council 1 January 2008– 30 June 2008 nil 100% 1 July 2008– 30 June 2009 10% 90% 1 July 2009– 30 June 2010 20% 80% 1 July 2010– 30 June 2011 30% 70% 1 July 2011– 30 June 2012 40% 60% 1 July 2012– 30 June 2013 50% 50% Note After the last date set out in Column 1 of Tables 1, 2 and 3, the allocation of operating costs for street lighting on arterial roads will be in accordance with clause 3.". __________________ s. 79 -- 223 of 227 -- Part 7—Amendment of Transport Act 1983 Road Legislation Further Amendment Act 2007 No. 74 of 2007 216 PART 7—AMENDMENT OF TRANSPORT ACT 1983 80 Delegation For section 32(2) of the Transport Act 1983 substitute— "(2) The Corporation may delegate any power or duty of the Corporation under this Act or any other Act or the regulations, other than this power of delegation, to— (a) an officer of the Corporation either by name or by reference to the officer's office only (and where the reference is to the office only the holder for the time being of the office shall be the delegate); (b) an employee in the Department of Infrastructure either by name or by reference to the employee's position only.". 81 Repeal of section 55 Section 55 of the Transport Act 1983 is repealed. 82 Substitution of Roads Corporation as the licensing authority for tow trucks In sections 172, 172C(3)(b), 172D, 172E, 172F, 172G, 172H, 172I(1), 172J, 172O, 172P, 173(1), 173A(1), 174, 174A(1), 174AB(1), 174B, 175, 175A, 175B, 175C, 175D, 176D, 176F, 180(1), 181, 181A, 182, 182B, 182C, 182D, 182F, 182G(1), 183A, 183B(4)(c) and 184A(4) of the Transport Act 1983, for "licensing authority" (wherever occurring) substitute "Corporation". See: Act No. 9921. Reprint No. 12 as at 1 January 2007 and amending Act Nos 95/2005, 97/2005, 9/2006, 45/2006, 48/2006, 71/2006, 85/2006, 28/2007 and 30/2007. LawToday: www. legislation. vic.gov.au s. 80 -- 224 of 227 -- Part 7—Amendment of Transport Act 1983 Road Legislation Further Amendment Act 2007 No. 74 of 2007 217 83 Allocation schemes Insert the following heading to section 183A of the Transport Act 1983— "The Corporation may establish allocation schemes". 84 Roads Corporation to replace Secretary In sections 181B and 181C of the Transport Act 1983, for "Secretary" (wherever occurring) substitute "Corporation". 85 Repeal of Schedule 5 Schedule 5 to the Transport Act 1983 is repealed. __________________ s. 83 -- 225 of 227 -- Part 8—Repeal of Amending Act Road Legislation Further Amendment Act 2007 No. 74 of 2007 218 PART 8—REPEAL OF AMENDING ACT 86 Repeal of Act This Act is repealed on 1 October 2009. ═══════════════ s. 86 -- 226 of 227 -- Road Legislation Further Amendment Act 2007 No. 74 of 2007 219 ENDNOTES † Minister's second reading speech— Legislative Assembly: 1 November 2007 Legislative Council: 22 November 2007 The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986, the Chattel Securities Act 1987, the EastLink Project Act 2004, the Melbourne City Link Act 1995, the Road Management Act 2004 and the Transport Act 1983 and for other purposes." Endnotes -- 227 of 227 --