Vehicle and Traffic (Vehicle Operations) Amendment Regulations (No. 2) 2004
I, the Administrator 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 .
13 December 2004PETER G. UNDERWOOD
Administrator
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 (No. 2) 2004 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Vehicle and Traffic (Vehicle Operations) Regulations 2001 are referred to as the Principal Regulations.
4. Regulation 35 amended (Interpretation)
Regulation 35 of the Principal Regulations is amended as follows:(a) by inserting the following definition after the definition of national driver logbook :nominee means a person nominated by a driver in accordance with regulation 42G to complete the driving hours record or national driver logbook on behalf of that driver;(b) by omitting subparagraph (ii) from paragraph (b) of the definition of work time ;(c) by omitting subparagraph (v) from paragraph (b) of the definition of work time .
5. Regulation 35A amended (Application of Part)
Regulation 35A(a) of the Principal Regulations is amended by omitting "or the Australian Defence Force;" and substituting ", the Australian Defence Force or Airservices Australia Aviation Rescue and Fire Fighting; or".
6. Regulation 38 amended (Rest time)
Regulation 38 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1)(a) "each; or;" and substituting "each; and";(b) by omitting from subregulation (1)(b) "truck; or" and substituting "truck; and";(c) by inserting the following subregulation after subregulation (1) :(1A) A person driving a heavy truck may spend the continuous period of 6 hours referred to in subregulation (1)(b) in or on the truck if the truck is fitted with a sleeper berth that complies with ADR 42.(d) by omitting from subregulation (2)(a) "each; or" and substituting "each; and";(e) by omitting from subregulation (2)(b) "bus; or" and substituting "bus; and".
7. Regulation 42A amended (Driving hours record)
Regulation 42A of the Principal Regulations is amended as follows:(a) by inserting the following penalty after paragraph (d) in subregulation (3) :(b) by omitting paragraph (b) from subregulation (6) ;(c) by omitting from subregulation (6)(c) "odometer" and substituting "date, location and odometer";(d) by inserting in subregulation (6)(c) "date, location or odometer" after "if the".
8. Part 5, Division 5 inserted
After regulation 42F of the Principal Regulations , the following Division is inserted in Part 5:Division 5 - Miscellaneous42G. Exemption in respect of driving hours record and national driver logbook
(1) In this regulation –recording requirements means –(a) the requirement for a driver to personally record his or her daily driving time and non-driving time in a national driver logbook under regulation 40 ; and(b) the requirement for a driver to personally maintain a driving hours record under regulation 42A .(2) A driver or a person acting on behalf of the driver may apply for exemption from the recording requirements if the driver believes that he or she has a literacy disability that prevents him or her from complying with those requirements.(3) An application –(a) must be in a form approved by the Commission;(b) must include the name and address of a person nominated by the driver to be responsible for completing the driving hours record or national driver logbook on behalf of the driver; and(c) must include the written agreement of the nominee.(4) The Commission may exempt a driver from the recording requirements if the Commission is satisfied that the driver has a literacy disability that prevents him or her from complying with those requirements.42H. Failure by exempted driver to ensure nominee maintains driving hours record or national driver logbook
(1) In this regulation "recording requirements" has the same meaning as in regulation 42G .(2) A driver exempted from the recording requirements must ensure that the nominee maintains the driving hours record or national driver logbook –(a) as if the nominee were the driver; or(b) in accordance with written directions issued to the nominee and driver by the Commission.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 15 December 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 –(a) providing exemption from compliance with the regulations for emergency vehicles used by airport authorities; and(b) amending the meaning of "work time" as prescribed by the regulations; and(c) providing certain exemptions from the requirement for drivers to complete and maintain driving hours records and national driver logbooks.