Road Safety (General) Amendment (Fatigue Management) Regulations 2008

S.R. No. 115/2008

table of provisions

RegulationPage

RegulationPage

1Objective

2Authorising provision

3Commencement

4Amendments to Schedule 4

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ENDNOTES

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S.R. No. 115/2008

Road Safety (General) Amendment (Fatigue Management) Regulations 2008

statutory rules 2008

S.R. No. 115/2008

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S.R. No. 115/2008

Road Safety (General) Amendment (Fatigue Management) Regulations 2008

Road Safety Act 1986

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S.R. No. 115/2008

Road Safety (General) Amendment (Fatigue Management) Regulations 2008

Road Safety (General) Amendment (Fatigue Management) Regulations 2008

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S.R. No. 115/2008

Road Safety (General) Amendment (Fatigue Management) Regulations 2008

The Governor in Council makes the following Regulations:

Dated: 23 September 2008

Responsible Minister:

TIM PALLAS

Minister for Roads and Ports

Zoe Wong

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to prescribe as infringements for the purposes of Part 7 of the Road Safety Act 1986 certain offences that involve breaches of fatigue management requirements that apply to heavy vehicles.

2Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3Commencement

These Regulations come into operation on 29September 2008.

4Amendments to Schedule 4

r. 4

(1) In Schedule 4 to the Road Safety (General) Regulations 1999[1], after the item relating to the code number 2180, omit "Commercial Vehicles".

(2)In Schedule 4 to the Road Safety (General) Regulations 1999, the items relating to the codenumbers 2162, 2163 and 2165 are revoked.

(3)In Schedule 4 to the Road Safety (General) Regulations 1999, after the item relating to code2172, insert—

"Fatigue Management

7301 / Solo driver not working under accreditation who contravenes maximum work requirement—minor risk offence / RSA 191L(2)(a) and (4) / 3 penalty units
7302 / Solo driver not working under accreditation who contravenes maximum work requirement—substantial risk offence / RSA 191L(2)(a) and (4) / 6 penalty units
7303 / Solo driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period of 11 hours or less—minor risk offence / RSA 191L(2)(b) and (4) / 2 penalty units
7304 / Solo driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period greater than 11 hours—minor risk offence / RSA 191L(2)(b) and (4) / 3 penalty units
7305 / Solo driver not working under accreditation who contravenes minimum rest requirement—substantial risk offence / RSA 191L(2)(b) and (4) / 6 penalty units

r. 4

7306 / Solo driver of a bus not working under accreditation who contravenes maximum work requirement—minor risk offence / RSA 191M(2)(a) and (4) / 3 penalty units
7307 / Solo driver of a bus not working under accreditation who contravenes maximum work requirement—substantial risk offence / RSA 191M(2)(a) and (4) / 6 penalty units
7308 / Solo driver of a bus not working under accreditation who contravenes minimum rest requirement required to be taken in any period of 11 hours or less—minor risk offence / RSA 191M(2)(b) and (4) / 2 penalty units
7309 / Solo driver of a bus not working under accreditation who contravenes minimum rest requirement required to be taken in any period greater than 11 hours—minor risk offence / RSA 191M(2)(b) and (4) / 3 penalty units
7310 / Solo driver of a bus not working under accreditation who contravenes minimum rest requirement—substantial risk offence / RSA 191M(2)(b) and (4) / 6 penalty units
7311 / Two-up driver not working under accreditation who contravenes maximum work requirement—minor risk offence / RSA 191N(2)(a) and (4) / 3 penalty units

r. 4

7312 / Two-up driver not working under accreditation who contravenes maximum work requirement—substantial risk offence / RSA 191N(2)(a) and (4) / 6 penalty units
7313 / Two-up driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period of 11 hours or less—minor risk offence / RSA 191N(2)(b) and (4) / 2 penalty units
7314 / Two-up driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period greater than 11 hours—minor risk offence / RSA 191N(2)(b) and (4) / 3 penalty units
7315 / Two-up driver not working under accreditation who contravenes minimum rest requirement—substantial risk offence / RSA 191N(2)(b) and (4) / 6 penalty units

r. 4

7316 / Solo driver working under BFM accreditation who contravenes maximum work requirement—minor risk offence / RSA 191O(2)(a) and (4) / 3 penalty units
7317 / Solo driver working under BFM accreditation who contravenes maximum work requirement—substantial risk offence / RSA 191O(2)(a) and (4) / 6 penalty units
7318 / Solo driver working under BFM accreditation who contravenes minimum rest requirement required to be taken in any period of 12 hours or less—minor risk offence / RSA 191O(2)(b) and (4) / 2 penalty units
7319 / Solo driver working under BFM accreditation who contravenes minimum rest requirement required to be taken in any period greater than 12 hours—minor risk offence / RSA 191O(2)(b) and (4) / 3 penalty units
7320 / Solo driver working under BFM accreditation who contravenes minimum rest requirement—substantial risk offence / RSA 191O(2)(b) and (4) / 6 penalty units
7321 / Two-up driver working under BFM accreditation who contravenes maximum work requirement—minor risk offence / RSA 191P(2)(a) and (4) / 3 penalty units
7322 / Two-up driver working under BFM accreditation who contravenes maximum work requirement—substantial risk offence / RSA 191P(2)(a) and (4) / 6 penalty units
7323 / Two-up driver working under BFM accreditation who contravenes minimum rest requirement—minor risk offence / RSA 191P(2)(b) and (4) / 3 penalty units

r. 4

7324 / Two-up driver working under BFM accreditation who contravenes minimum rest requirement—substantial risk offence / RSA 191P(2)(b) and (4) / 6 penalty units
7331 / Fail to comply with requirements for changing from one work/rest hours option to a different work/rest hours option / RSA 191R(3) / 6 penalty units
7332 / Fail to record information in work diary immediately after starting work on relevant day / RSA 191T(2) / 6 penalty units
7333 / Fail to record information in work diary immediately before or after work/rest change on relevant day / RSA 191T(3) / 6 penalty units
7334 / Fail to record total work time and total rest time immediately before finishing work on relevant day / RSA 191T(4) / 6 penalty units
7336 / Fail to comply with requirements for how to record information in a written work diary / RSA 191U(1) / 6 penalty units
7337 / Fail to comply with requirements for how to record information in an electronic work diary / RSA 191U(2) / 6 penalty units

r. 4

7338 / Fail to record in work diary time in time zone of driver base of vehicle / RSA 191U(3) / 6 penalty units
7340 / Fail to comply with requirements when lost or stolen written work diary is found or returned after replacement work diary has been issued / RSA 191V(3) / 8 penalty units
7341 / Fail to notify record keeper of malfunctioning electronic work diary / RSA 191V(4) / 8 penalty units
7342 / Fail to inform relevant persons of malfunctioning odometer / RSA 191W(3) / 8 penalty units

r. 4

7343 / Fail to give copy of driver’s diary entries to record keeper / RSA 191Y(7) / 6 penalty units
7344 / Fail to give copy of information recorded in work diary upon changing record keepers / RSA 191Y(9) / 6 penalty units
7346 / Fail to advise of change or end of BFM accreditation, in the case of a corporation / RSA 191ZO / 30 penalty units
7347 / Fail to advise of change or end of BFM accreditation, in any other case / RSA 191ZO / 6 penalty units
7355 / Fail to advise of change or end of AFM accreditation, in the case of a corporation / RSA 191ZY / 30 penalty units
7356 / Fail to advise of change or end of AFM accreditation, in any other case / RSA 191ZY / 6 penalty units".

r. 4

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S.R. No. 115/2008

Road Safety (General) Amendment (Fatigue Management) Regulations 2008

ENDNOTES

Endnotes

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[1] Reg. 4: S.R. No. 27/1999. Reprint No. 4 as at 1 July 2008. Reprinted to S.R. No. 79/2008. Subsequently amended by S.R. No. 104/2008.