Vehicle and Traffic (Vehicle Operations) Amendment Regulations 2004
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Vehicle and Traffic Act 1999 .
21 June 2004RICHARD BUTLER
Governor
By His Excellency's Command,
BRYAN GREEN
Minister for Infrastructure, Energy and Resources
These regulations may be cited as the Vehicle and Traffic (Vehicle Operations) Amendment Regulations 2004 .
These regulations take effect on 1 August 2004.
In these regulations, the Vehicle and Traffic (Vehicle Operations) Regulations 2001 are referred to as the Principal Regulations.
4. Part 5: Heading amended
Part 5 of the Principal Regulations is amended by omitting "DRIVING HOURS AND LOGBOOKS" from the heading to that Part and substituting "DRIVING HOURS, NATIONAL DRIVER LOGBOOKS AND DRIVING HOURS RECORDS".
5. Regulation 35 amended (Interpretation)
Regulation 35 of the Principal Regulations is amended as follows:(a) by inserting the following definition after the definition of commercial bus :consignee, of goods, means a person who –(a) is named or otherwise identified, with his or her authority, as the intended recipient of the goods in any transport documentation relating to the transport of the goods by road; or(b) receives the goods at the completion of their transport by road;(b) by inserting the following definition after the definition of driver :driving hours record means a logbook containing a record required to be maintained in accordance with regulation 42A ;(c) by inserting the following definition after the definition of employer :garage address, of a heavy truck, means the principal depot or base of operations of the heavy truck;(d) by inserting the following definitions after the definition of heavy truck :interstate driver means a driver –(a) who holds an Australian driver licence in a jurisdiction other than Tasmania; and(b) who is driving a heavy truck with a garage address outside Tasmania; and(c) whose current stay in Tasmania is for a period of not more than 3 months;local area work means work undertaken in Tasmania by a driver who is not an interstate driver;(e) by omitting ", of an employer," from the definition of manager ;(f) by omitting "the employer" from the definition of manager and substituting "an operator";(g) by inserting the following definition after the definition of manager :national driver logbook means a logbook of driving hours required to be kept under a law of the Commonwealth or another State or a Territory or required to be carried under regulation 40 ;(h) by inserting the following definition after the definition of offence :operator, of a controlled vehicle, means –(a) a person who –(i) is responsible for controlling or directing the operations of the vehicle; or(ii) employs or contracts people to drive the vehicle; or(b) a self-employed driver of the vehicle;
6. Regulation 35A inserted
After regulation 35 of the Principal Regulations , the following regulation is inserted in Division 1:This Part does not apply to a person who is driving –(a) a heavy truck that is being used by the State Emergency Service, the Police Service, the Tasmania Fire Service, the Tasmanian Ambulance Service or the Australian Defence Force; or(b) an unladen controlled vehicle in any of the following circumstances:(i) to test the performance of the vehicle for mechanical service or repair;(ii) to demonstrate the vehicle to a prospective purchaser;(iii) to test drive the vehicle;(iv) to move the vehicle under the authority of a trade plate in accordance with regulation 74 of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 .
7. Regulation 39 amended (Additional offences)
Regulation 39 of the Principal Regulations is amended as follows:(a) by omitting subregulations (3) and (4) and substituting the following subregulations:(2A) A consignee must not engage in conduct if the consignee knows, or ought to know, that such conduct would, or would be likely to, induce or reward the commission of an offence under this Part.(3) An operator must not allow a person to drive a controlled vehicle for the operator if the operator knows, or ought to know, that by driving the vehicle the person would, or would be likely to, commit an offence under this Part.(4) An operator or manager must not roster driving time, work time or rest time for a person if the operator or manager knows, or ought to know, that by complying with the roster the person would, or would be likely to, commit an offence under this Part.(b) by omitting from subregulation (5) "employer" twice occurring and substituting "operator".
8. Part 5, Division 2: Heading amended
Division 2 of Part 5 of the Principal Regulations is amended by omitting "Logbooks" from the heading to that Division and substituting "National driver logbooks".
9. Regulation 40 substituted
Regulation 40 of the Principal Regulations is rescinded and the following regulations are substituted:40. Carriage of national driver logbook
(1) The Commission, in writing, may direct the driver of a controlled vehicle to –(a) obtain a national driver logbook; and(b) carry the national driver logbook in the controlled vehicle when driving that vehicle; and(c) record his or her daily driving time and non-driving time in respect of the vehicle in the national driver logbook.(2) A person must comply with a direction given under this regulation.(3) An interstate driver must continue to carry and maintain his or her national driver logbook while in this State.40A. Inspection of national driver logbook
(1) An authorised officer or a police officer may require a driver of a controlled vehicle to produce immediately for inspection his or her national driver logbook for the preceding 28 days.(2) A driver must comply with a requirement under subregulation (1) .40B. Production of national driver logbook
(1) The Commission may direct, in writing, a driver of a controlled vehicle to produce his or her national driver logbook to the Commission, or to give the Commission such information from the national driver logbook as the Commission specifies in the direction, within 28 days.(2) A driver must comply with a requirement under subregulation (1) .40C. Delivery of national driver logbook into custody
If the Commission, a police officer or an authorised officer asks a driver to deliver his or her national driver logbook into the custody of the Commission or officer under section 48(4A) of the Act, the driver must –(a) sign and date the national driver logbook at or near the last entry; and(b) immediately commence and maintain another national driver logbook.
10. Regulation 41 amended (Application for national driver logbook)
Regulation 41 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "logbook" three times occurring and substituting "national driver logbook";(b) by omitting from subregulation (3) "logbook" first occurring and substituting "national driver logbook";(c) by omitting from subregulation (3) "logbook" second occurring and substituting "national driver logbook";(d) by omitting from subregulation (5) "logbook" twice occurring and substituting "national driver logbook";(e) by omitting from subregulation (5)(a) "logbook's" and substituting "national driver logbook's".
11. Regulation 42 amended (Issue of national driver logbook)
Regulation 42 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "logbook" and substituting "national driver logbook";(b) by omitting from subregulation (2) "logbook" first occurring and substituting "national driver logbook";(c) by omitting from subregulation (2)(a) "logbook" and substituting "national driver logbook";(d) by omitting from subregulation (2)(b) "logbook" and substituting "national driver logbook";(e) by omitting from subregulation (3) "logbooks issued to a driver who resides in Tasmania" and substituting "national driver logbooks issued to any driver nominated by that authority".
12. Part 5, Divisions 3 and 4 inserted
After regulation 42 of the Principal Regulations , the following Divisions are inserted in Part 5:Division 3 - Driving hours record for local area work(1) Unless he or she is an interstate driver, the driver of a heavy truck engaged in local area work must maintain a driving hours record of his or her work time, rest time and driving time for each day.(2) The operator of a heavy truck must provide the driver with some means of recording the driver's local area work.(3) Before his or her first period of work time each day, the driver of a heavy truck must record the following information in his or her driving hours record:(a) the date and time;(b) his or her name;(c) his or her current driver licence number;(d) his or her location.(4) Before driving a heavy truck, the driver must record the registration number, odometer reading and location of the heavy truck in his or her driving hours record.(5) A driver of a heavy truck must maintain his or her driving hours record in a permanent and easily readable and understandable form.(6) Subject to subregulation (7) , at each change of activity on each day, a driver of a heavy truck must record the following information in his or her driving hours record:(a) the change of activity;(b) the date, time and location of the change of activity;(c) the odometer reading of the heavy truck at each change of activity, if the reading has changed from the previous entry in the record.(7) If a driver of a heavy truck does not reasonably expect his or her work time to exceed 12 hours in a 24-hour period, he or she is not required to record each change from driving time to other work time for that 24-hour period.(8) At least every 24 hours, a driver of a heavy truck must verify the entries for each day of his or her driving hours record by signing and dating the latest entry.(9) An operator of a heavy truck must –(a) obtain a copy of each driver's driving hours record for each day within 15 days of the record being completed; and(b) keep the copy for at least 12 months.(10) For the purposes of this regulation, location is to be described by reference to whichever of the following is the most descriptive:(a) the street address;(b) the road name and nearest kilometre mark;(c) the name of the suburb;(d) the name of the town;(e) the nearest crossroads.(11) In this regulation –change of activity means a change from –(a) driving time to other work time; or(b) work time (other than driving time) to driving time; or(c) driving time to rest time; or(d) rest time to driving time; or(e) work time to rest time; or(f) rest time to work time.42B. Carriage of driving hours record
A driver who is required to maintain a driving hours record must carry the record for the preceding 14 days in the heavy truck he or she is driving.42C. Inspection of driving hours record
(1) An authorised officer or a police officer may require a driver of a heavy truck to produce immediately for inspection his or her driving hours record for the preceding 14 days.(2) A driver must comply with a requirement under subregulation (1) .(3) An authorised officer or a police officer may, on inspection of a driving hours record, annotate that record and sign and date an annotation.42D. Delivery of driving hours record into custody
If the Commission, a police officer or an authorised officer asks a driver to deliver his or her driving hours record into the custody of the Commission or officer under section 48(4A) of the Act, the driver must –(a) sign and date the driving hours record at or near the last entry; and(b) immediately commence and maintain another driving hours record.Division 4 - Offences42E. False or misleading statements
A person must not –(a) in any national driver logbook or driving hours record, make an entry that the person knows, or reasonably ought to know, is false or misleading in a material respect; or(b) in any national driver logbook or driving hours record, alter an entry if the person knows, or reasonably ought to know, that the entry as altered is false or misleading in a material respect; or(c) make a statement or furnish information to an authorised officer or a police officer, about any national driver logbook or driving hours record, that the person knows, or reasonably ought to know, is false or misleading in a material respect.42F. Defacing or destroying driving hours record or national driver logbook
A person must not without reasonable excuse deface or destroy a driving hours record or national driver logbook or part of such a record or logbook.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 30 June 2004
These regulations are administered in the Department of Infrastructure, Energy and Resources.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Vehicle and Traffic (Vehicle Operations) Regulations 2001 by requiring drivers of heavy vehicles to keep records of their driving hours.