Vehicle and Traffic (Vehicle Operations) Amendment Regulations 2008
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 .
8 September 2008PETER G. UNDERWOOD
Governor
By His Excellency's Command,
G. L. STURGES
Minister for Infrastructure
These regulations may be cited as the Vehicle and Traffic (Vehicle Operations) Amendment Regulations 2008 .
These regulations take effect on 29 September 2008.
In these regulations, the Vehicle and Traffic (Vehicle Operations) Regulations 2001 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended by omitting the definition of indivisible item and substituting the following definition:large indivisible item means an item, other than a freight container, that –(a) cannot, without disproportionate effort, expense or risk of damage, be divided into 2 or more smaller items; and(b) cannot be carried on any vehicle without exceeding a mass or dimension limit specified in Part 2 ;
5. Part 5: Heading amended
Part 5 of the Principal Regulations is amended by omitting "LOGBOOKS" from the heading to that Part and substituting "WORK DIARIES".
6. Regulation 35 amended (Interpretation)
Regulation 35 of the Principal Regulations is amended as follows:(a) by omitting the definition of bus ;(b) by inserting "specified" after "a" in the definition of commercial bus ;(c) by inserting ", but does not include plant or a motor home" after "truck" in the definition of controlled vehicle ;(d) by omitting the definition of corresponding authority and substituting the following definitions:corresponding authority means an authority in another jurisdiction that has powers to –(a) issue national driver work diaries; or(b) administer a corresponding fatigue law;corresponding fatigue law means a law in force in another State or a Territory that –(a) corresponds, or substantially corresponds, to the model legislation set out in Schedule 1 to the National Transport Commission (Model Legislation - Heavy Vehicle Driver Fatigue) Regulations 2007 of the Commonwealth; and(b) is declared by the Minister under regulation 35AA to be a corresponding fatigue law;(e) by inserting the following definition after the definition of manager :motor home means a rigid or articulated motor vehicle or combination that is built, or permanently modified, primarily for residential purposes, but does not include a motor vehicle only because it is constructed with a sleeper berth;(f) by omitting the definition of national driver logbook and substituting the following definition:national driver work diary means a logbook of driving time, work time (that is not driving time) and rest time required to be –(a) maintained in accordance with regulation 40 ; or(b) kept under a corresponding fatigue law;(g) by omitting "logbook" from the definition of nominee and substituting "work diary";(h) by omitting the definition of non-driving time ;(i) by inserting the following definition after the definition of operator :plant includes a motor vehicle that –(a) is built, or permanently modified, primarily to operate as a machine or implement –(i) off-road; or(ii) on an area of road that is under construction; and(b) is not capable of carrying goods or passengers;(j) by omitting the definition of rest time and substituting the following definitions:rest time means any time that is not work time;specified bus means a motor vehicle that is designed and constructed to carry passengers and has a seating capacity of more than 12 adults, including the driver;
7. Regulation 35AA inserted
After regulation 35 of the Principal Regulations , the following regulation is inserted in Division 1:35AA. Corresponding fatigue law
(1) The Minister may, by notice published in the Gazette, declare a law of another State or a Territory to be a corresponding fatigue law for the purposes of this Act.(2) A notice under subregulation (1) is not a statutory rule for the purposes of the Rules Publication Act 1953 .
8. Regulation 35A amended (Application of Part)
Regulation 35A(a) of the Principal Regulations is amended by omitting "or" third occurring.
9. Regulation 38 amended (Rest time)
Regulation 38(2) of the Principal Regulations is amended as follows:(a) by inserting in paragraph (b) "commercial" after "on the";(b) by inserting in paragraph (c)(i) "commercial" after "the";(c) by inserting in paragraph (c)(ii) "commercial" after "on the";(d) by inserting in paragraph (c)(iii) "commercial" after "the";(e) by inserting in paragraph (c)(iv) "commercial" after "the".
10. 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 "work diaries".
11. Regulation 40 amended (Carriage of national driver work diary)
Regulation 40 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1)(a) "logbook" and substituting "work diary";(b) by omitting from subregulation (1)(b) "logbook" and substituting "work diary";(c) by omitting paragraph (c) from subregulation (1) and substituting the following paragraph:(c) record his or her driving time, work time (that is not driving time) and rest time in respect of that vehicle in the national driver work diary.(d) by omitting from subregulation (3) "logbook" and substituting "work diary".
12. Regulation 40A amended (Inspection of national driver work diary)
Regulation 40A(1) of the Principal Regulations is amended by omitting "logbook" and substituting "work diary".
13. Regulation 40B amended (Production of national driver work diary)
Regulation 40B(1) of the Principal Regulations is amended by omitting "logbook" twice occurring and substituting "work diary".
14. Regulation 40C amended (Delivery of national driver work diary into custody)
Regulation 40C of the Principal Regulations is amended as follows:(a) by omitting "logbook" first occurring and substituting "work diary";(b) by omitting from paragraph (a) "logbook" and substituting "work diary";(c) by omitting from paragraph (b) "logbook" and substituting "work diary".
15. Regulation 41 amended (Application for national driver work diary)
Regulation 41 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "logbook" three times occurring and substituting "work diary";(b) by omitting from subregulation (3) "logbook" first occurring and substituting "work diary";(c) by omitting from subregulation (3) "logbook" second occurring and substituting "work diary";(d) by omitting from subregulation (3) ""existing logbook"" first occurring and substituting ""existing work diary"";(e) by omitting from subregulation (3) "logbook" fourth occurring and substituting "work diary";(f) by omitting from subregulation (4) "logbook" first occurring and substituting "work diary";(g) by omitting from subregulation (4)(a) "logbook" and substituting "work diary";(h) by omitting from subregulation (4)(b) "logbook" twice occurring and substituting "work diary";(i) by omitting from subregulation (5) "logbook" twice occurring and substituting "work diary";(j) by omitting from subregulation (5)(a) "logbook's" and substituting "work diary's".
16. Regulation 42 amended (Issue of national driver work diary)
Regulation 42 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "logbook" and substituting "work diary";(b) by omitting from subregulation (2) "logbook" first occurring and substituting "work diary";(c) by omitting from subregulation (2)(a) "logbook" and substituting "work diary";(d) by omitting paragraph (b) from subregulation (2) and substituting the following paragraph:(d) resides in another jurisdiction, the Commission must provide the following information to the relevant corresponding authority:(i) the driver's name and licence number;(ii) the identifying number for the national driver work diary;(iii) the time, date and place the national driver work diary was issued.(e) by omitting from subregulation (3) "logbooks" and substituting "work diaries".
17. Regulation 42AA inserted
After regulation 42 of the Principal Regulations , the following regulation is inserted in Division 2:(1) In this regulation –amendment regulations means the Vehicle and Traffic (Vehicle Operations) Amendment Regulations 2008 ;commencement day means the day on which the amendment regulations take effect;national driver logbook means a national driver logbook issued by the Commission under this Division before the commencement day;specified driver means the driver of a controlled vehicle who, immediately before the commencement day, was required to record his or her driving time, work time (that is not driving time) and rest time in respect of the vehicle in a national driver logbook.(2) A specified driver must, within 90 days after the commencement day –(a) apply to the Commission for a national driver work diary; and(b) give the national driver logbook to the Commission with the application unless the national driver logbook has been lost, stolen or destroyed.Penalty: Fine not exceeding 20 penalty units.(3) Subregulation (2) does not apply to a specified driver who only uses the national driver logbook to maintain a driving hours record for local area work.(4) When a specified driver gives it a national driver logbook, the Commission must –(a) cancel any unused daily sheets in the national driver logbook; and(b) return the national driver logbook to the driver when it issues a national driver work diary to the driver.(5) If a national driver logbook has been lost, stolen or destroyed, an application under this regulation for a national driver work diary must –(a) state the national driver logbook's number and that it has been lost, stolen or destroyed; and(b) be accompanied by a statutory declaration outlining the circumstances of the loss, theft or destruction.(6) Until a specified driver applies for a national driver work diary in accordance with subregulation (2) , a reference in regulations 40 , 40A , 40B , 40C , 42E , 42F , 42G and 42H to a national driver work diary is taken to be a reference to a national driver logbook.(7) If, on the commencement day, a driver has an exemption under regulation 42G from recording requirements in a national driver logbook, that driver is taken to have an exemption under regulation 42G from the recording requirements in a national driver work diary issued under this regulation.
18. Regulation 42A amended (Driving hours record)
Regulation 42A(1) of the Principal Regulations is amended by inserting "(that is not driving time)" after "work time".
19. Regulation 42E amended (False or misleading statements)
Regulation 42E of the Principal Regulations is amended as follows:(a) by omitting from paragraph (a) "logbook" and substituting "work diary";(b) by omitting from paragraph (b) "logbook" and substituting "work diary";(c) by omitting from paragraph (c) "logbook" and substituting "work diary".
20. Regulation 42F amended (Defacing or destroying driving hours record or national driver work diary)
Regulation 42F of the Principal Regulations is amended by omitting "logbook" twice occurring and substituting "work diary".
21. Regulation 42G amended (Exemption in respect of driving hours record and national driver work diary)
Regulation 42G of the Principal Regulations is amended as follows:(a) by omitting "and non-driving time" from paragraph (a) of the definition of recording requirements in subregulation (1) and substituting ", work time (that is not driving time) and rest time";(b) by omitting "logbook" from paragraph (a) of the definition of recording requirements in subregulation (1) and substituting "work diary";(c) by omitting from subregulation (3)(b) "logbook" and substituting "work diary".
22. Regulation 42H amended (Failure by exempted driver to ensure nominee maintains driving hours record or national driver work diary)
Regulation 42H(2) of the Principal Regulations is amended by omitting "logbook" and substituting "work diary".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 17 September 2008
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 for national driver logbooks to be replaced by national driver work diaries; and(b) updating and revising certain definitions; and(c) making minor miscellaneous and consequential amendments.