Heavy Vehicle National Law (NSW) No 42a of 2013



Editorial note—
The Heavy Vehicle National Law is applied (with modifications) as a law of NSW by the NSW Heavy Vehicle (Adoption of National Law) Act 2013. This version is the Law as it applies in NSW.
Chapter 1 Preliminary
Part 1.1 Introductory matters
1   Short title
This Law may be cited as the Heavy Vehicle National Law (NSW).
2   Commencement
(1)  This Law commences in this jurisdiction on 10 February 2014, except as provided by subsection (2).
(2)  Section 84 of this Law commences in this jurisdiction on the day on which section 84 of the Heavy Vehicle National Law (Queensland) commences in Queensland.
Note—
This section is substituted for New South Wales.
3   Object of Law
The object of this Law is to establish a national scheme for facilitating and regulating the use of heavy vehicles on roads in a way that—
(a)  promotes public safety; and
(b)  manages the impact of heavy vehicles on the environment, road infrastructure and public amenity; and
(c)  promotes industry productivity and efficiency in the road transport of goods and passengers by heavy vehicles; and
(d)  encourages and promotes productive, efficient, innovative and safe business practices.
4   Regulatory framework to achieve object
The object of this Law is to be achieved by a regulatory framework that—
(a)  establishes an entity (the National Heavy Vehicle Regulator) with functions directed at ensuring the object is achieved; and
(b)  provides for a database of heavy vehicles; and
(c)  prescribes requirements about the following—
(i)  the standards heavy vehicles must meet when on roads;
(ii)  the maximum permissible mass and dimensions of heavy vehicles used on roads;
(iii)  securing and restraining loads on heavy vehicles used on roads;
(iv)  preventing drivers of heavy vehicles exceeding speed limits;
(v)  preventing drivers of heavy vehicles from driving while fatigued; and
(d)  imposes duties and obligations directed at ensuring heavy vehicles and drivers of heavy vehicles comply with requirements mentioned in paragraph (c)(i) to (v) on persons whose activities may influence whether the vehicles or drivers comply with the requirements; and
(e)  includes measures directed at the matters mentioned in section 3(c) and (d) by allowing improved access to roads in certain circumstances, including by—
(i)  allowing heavy vehicles, that would otherwise be prevented from being used on roads, access to the roads through exemptions or authorisations granted in circumstances in which the matters mentioned in section 3(a) and (b) will not be compromised; and
(ii)  providing for accreditation schemes allowing operators of heavy vehicles who adopt best practices directed at the matters mentioned in section 3 to be subject to alternative requirements more suited to the operators’ business operations.
s 4: Am 2018 No 10, sec 13; 2018 (354), Sch 1 [1].
Part 1.2 Interpretation
5   Definitions
In this Law—
100km work, for the purposes of Chapter 6, has the meaning given by section 289(1).
100+km work, for the purposes of Chapter 6, has the meaning given by section 289(2).
accreditation certificate means—
(a)  for a heavy vehicle accreditation granted under this Law—the accreditation certificate given for the accreditation under section 464; or
(b)  for a heavy vehicle accreditation granted under another law of a participating jurisdiction—the certificate of accreditation (however called) issued for the accreditation under that law.
ADR means—
(a)  a third edition ADR; or
(b)  a second edition ADR.
advice purposes means providing advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations.
AFM accreditation means—
(a)  AFM accreditation granted under section 458; or
(b)  accreditation of a similar kind under another law of a participating jurisdiction.
AFM fatigue management system, for the purposes of Chapters 6 and 8, has the meaning given by section 457.
AFM hours, for the purposes of Chapters 6 and 8, has the meaning given by section 257.
AFM standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.
agricultural implement means a vehicle without its own automotive power, built to perform agricultural tasks, and includes an agricultural trailer.
Examples—
  auger
  conveyor
  field bin
  harvester front
  irrigating equipment or machinery
agricultural machine means a vehicle with its own automotive power, built to perform agricultural tasks.
Examples—
harvester, tractor
agricultural task means a task carried out in agriculture.
Examples of an agricultural task—
  cultivating land
  growing and harvesting crops
  rearing livestock
agricultural trailer means a trailer that is designed to carry a load and used exclusively to perform agricultural tasks, but does not include a semitrailer.
agricultural vehicle means an agricultural implement or agricultural machine.
Application Act, of this jurisdiction, means the Act of this jurisdiction by which this Law applies as a law of this jurisdiction.
appropriately qualified, for a function, includes having the qualifications, experience or standing appropriate to exercise the function.
Example of standing—
a person’s classification level or position in the public service or a government agency of a participating jurisdiction
approved, by the responsible Ministers, for the purposes of Chapter 8, has the meaning given by section 457.
approved auditor, for the purposes of Chapter 8, has the meaning given by section 457.
approved electronic recording system has the meaning given by section 221.
approved form means a form approved by the Regulator under section 735.
approved guidelines means guidelines approved by the responsible Ministers under section 653.
approved intelligent transport system has the meaning given by section 403.
approved sleeper berth, for the purposes of Chapter 6, has the meaning given by section 221.
approved vehicle examiner means a person approved as a vehicle examiner under the national regulations (as referred to in section 731).
articulated bus means a bus with 2 or more rigid sections connected to one another in a way that allows—
(a)  passenger access between the sections; and
(b)  rotary movement between the sections.
AS means an Australian standard made or published by Standards Australia.
associate, of a person, means—
(a)  if the person is an individual—
(i)  the individual’s spouse or de facto partner; or
(ii)  a relative of the individual, whether by blood, spousal relationship or adoption; or
(iii)  an employee of the individual; or
(iv)  an employee of a corporation of which the individual is an executive officer; or
(v)  a partner of the individual; or
(vi)  a corporation of which the individual is an executive officer; or
(vii)  a corporation in which the individual holds a controlling interest; or
(viii)  a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or
(ix)  a person who is a beneficiary of a trust of which the individual is a trustee or beneficiary; or
(x)  a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the individual; or
(xi)  a person who is an associate of someone who is an associate of the individual; or
(b)  if the person is a corporation—
(i)  an executive officer of the corporation; or
(ii)  an associate of an executive officer of the corporation; or
(iii)  an employee of the corporation; or
(iv)  a person who holds a controlling interest in the corporation; or
(v)  a related body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, of the corporation; or
(vi)  a person who is an associate of someone who is an associate of the corporation.
ATM (aggregate trailer mass), of a heavy trailer, means the total maximum mass of the trailer, as stated by the manufacturer, together with its load and the mass imposed on the towing vehicle by the trailer when the towing vehicle and trailer are on a horizontal surface.
Australian Accounting Standards means Accounting Standards issued by the Australian Accounting Standards Board.
Australian road law means—
(a)  this Law; or
(b)  another law of a State or Territory that regulates the use of vehicles on roads.
authorised officer means—
(a)  a police officer declared by a law of a participating jurisdiction to be an authorised officer for the purposes of this Law; or
(b)  a person who holds office under this Law as an authorised officer.
authorised use, for the purposes of Part 13.4, has the meaning given by section 727.
authorised warrant official, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be an authorised warrant official for that jurisdiction for the purposes of this Law.
axle means 1 or more shafts positioned in a line across a vehicle, on which 1 or more wheels intended to support the vehicle turn.
axle group means a tandem axle group, twinsteer axle group, tri-axle group or quad-axle group.
base, of the driver of a heavy vehicle—
1  The base of the driver of a heavy vehicle, in relation to particular work—
(a)  is the place from which the driver normally does the work; but
(b)  is, for the purposes of Chapter 6, the garage address of the vehicle if—
(i)  the vehicle is a fatigue-regulated heavy vehicle; and
(ii)  the driver is required under Part 6.4, in relation to that particular work, to keep a work diary and to record the location of the driver’s base in the work diary, and has not done so.
Note—
The driver of a fatigue-regulated heavy vehicle may not be required under Part 6.4, in relation to particular work, to keep a work diary and to record the location of the driver’s base in the work diary, if, for example—
  the driver is undertaking 100km work under standard hours
  the driver is working under a work diary exemption
2  For a driver who is a self-employed driver and an employed driver at different times, the driver may have one base as a self-employed driver under paragraph 1 and another base as an employed driver under that paragraph.
3  For a driver who has 2 or more employers, the driver may have a different base in relation to each employer under paragraph 1.
B-double means a combination consisting of a prime mover towing 2 semitrailers, with the first semitrailer being attached directly to the prime mover by a fifth wheel coupling and the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer.
Typical B-double
B-triple means a combination consisting of a prime mover towing 3 semitrailers, with—
(a)  the first semitrailer being attached directly to the prime mover by a fifth wheel coupling; and
(b)  the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer; and
(c)  the third semitrailer being mounted on the rear of the second semitrailer by a fifth wheel coupling on the second semitrailer.
BFM accreditation means—
(a)  BFM accreditation granted under section 458; or
(b)  accreditation of a similar kind under another law of a participating jurisdiction.
BFM fatigue management system, for the purposes of Chapter 8, has the meaning given by section 457.
BFM hours, for the purposes of Chapters 6 and 8, has the meaning given by section 253.
BFM standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.
Board means the National Heavy Vehicle Regulator Board established under section 662.
body of fatigue knowledge means any accreditation scheme, scientific knowledge, expert opinion, guidelines, standards or other knowledge about preventing or managing exposure to risks to safety either on a road or in a workplace, arising from fatigue.
bus means a heavy motor vehicle built or fitted to carry more than 9 adults (including the driver).
business practices, of a person, means the person’s practices in running a business associated with the use of a heavy vehicle on a road, including—
(a)  the operating policies and procedures of the business; and
(b)  the human resource and contract management arrangements of the business; and
(c)  the arrangements for preventing or minimising public risks associated with the person’s practices.
cancel, for the purposes of Chapter 6 in relation to an unused daily sheet in a written work diary, has the meaning given by section 221.
category, of heavy vehicles—see section 15.
cause, a thing, includes—
(a)  contribute to causing the thing; and
(b)  encourage the thing.
centre-line, of an axle, means—
(a)  for an axle consisting of 1 shaft—a line parallel to the length of the axle and passing through its centre; and
(b)  for an axle consisting of 2 shafts—a line in the vertical plane passing through—
(i)  the centre of both shafts; and
(ii)  the centres of the wheels on the shafts.
class 1 heavy vehicle has the meaning given by section 116(1) and (2).
class 2 heavy vehicle has the meaning given by section 136.
class 2 heavy vehicle authorisation means—
(a)  a class 2 heavy vehicle authorisation (notice); or
(b)  a class 2 heavy vehicle authorisation (permit).
class 2 heavy vehicle authorisation (notice) has the meaning given by section 138(2).
class 2 heavy vehicle authorisation (permit) has the meaning given by section 143(2).
class 3 heavy vehicle has the meaning given by section 116(3).
combination means a group of vehicles consisting of a motor vehicle towing 1 or more other vehicles.
Commonwealth Gazette means the Commonwealth of Australia Gazette.
Commonwealth Gazette notice means notice published in the Commonwealth Gazette.
Commonwealth responsible Minister means the Commonwealth Minister nominated by the Commonwealth as the responsible Minister for the Commonwealth for the purposes of this Law.
compensation order has the meaning given by section 611(1).
complaint, for an offence, means a complaint, charge, notice or other process that starts a proceeding for the offence.
compliance purposes means—
(a)  monitoring purposes; or
(b)  investigation purposes.
complying container weight declaration has the meaning given by section 189.
component, of a heavy vehicle that is a combination, means—
(a)  other than in Part 3.3, a component vehicle of the combination; or
(b)  a component of any component vehicle of the combination.
component vehicle, of a heavy combination, means the towing vehicle or another vehicle in the combination.
condition includes a restriction.
conduct means an act, an omission to perform an act, or a state of affairs.
consent includes an approval or concurrence.
consign and consignor
A person consigns goods, and is a consignor of goods, for road transport using a heavy vehicle, if—
(a)  the person has consented to being, and is, named or otherwise identified as a consignor of the goods in the transport documentation relating to the road transport of the goods; or
(b)  the person engages an operator of the vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or
(c)  if paragraphs (a) and (b) do not apply—the person has possession of, or control over, the goods immediately before the goods are transported by road.
consignee, of goods—
(a)  means a person who—
(i)  has consented to being, and is, named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the road transport of the goods; or
(ii)  actually receives the goods after completion of their road transport; but
(b)  does not include a person who merely unloads the goods.
container weight declaration
(a)  means a written declaration, whether contained in 1 or more documents, stating or purporting to state the weight of a freight container and its contents; and
Examples—
an email, a placard fixed to the container
Note—
See the definition document in section 12 of Schedule 1.
(b)  includes a copy of a declaration mentioned in paragraph (a).
contract includes an agreement.
converter dolly means a pig trailer with a fifth wheel coupling designed to convert a semitrailer into a dog trailer.
Typical converter dolly
convict, a person of an offence, has the meaning given by section 9(1).
convicted, of an offence, has the meaning given by section 9(2).
convicted person
(a)  for the purposes of Division 5 of Part 10.3, has the meaning given by section 599(a); or
(b)  for the purposes of Division 6 of Part 10.3, has the meaning given by section 606(a).
corporation includes a body politic or corporate.
corresponding fatigue law, for the purposes of Chapter 6, has the meaning given by section 221.
critical risk breach, for a maximum work requirement or minimum rest requirement, has the meaning given by section 222(4).
daily sheet, for a written work diary, for the purposes of Chapter 6, has the meaning given by section 338(2)(b).
database of heavy vehicles means the database of heavy vehicles kept under section 686A.
daytime means the period of a day between sunrise and sunset.
de facto partner, of a person, means a person (whether of the same gender or a different gender) who is in a de facto relationship, within the meaning given by section 2F of the Acts Interpretation Act 1901 of the Commonwealth, with the person.
defective heavy vehicle, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.
defective vehicle label, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.
defendant, for a proceeding for an offence, means the person charged with the offence (whether called the defendant or the accused).
deficiency, for the purposes of Division 3 of Part 10.4, has the meaning given by section 626.
dimension requirement means—
(a)  a prescribed dimension requirement (under section 101); or
(b)  a requirement as to a dimension limit relating to a heavy vehicle under a condition to which a mass or dimension authority is subject (where the dimension limit is more restrictive than the relevant prescribed dimension requirement); or
(c)  a requirement as to a dimension limit under a PBS vehicle approval; or
(d)  a requirement as to a dimension limit indicated by an official traffic sign; or
Note—
See the definitions indicated and official traffic sign.
(e)  a requirement as to a dimension limit for a component vehicle as prescribed by a heavy vehicle standard.
drive, a vehicle or combination, includes—
(a)  be in control of the steering, movement or propulsion of the vehicle or combination; and
(b)  for a trailer—drive a vehicle towing the trailer.
driver, of a vehicle or combination—
(a)  means the person driving the vehicle or combination; and
(b)  includes—
(i)  a person accompanying the person driving the vehicle or combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey or part; and
(ii)  a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit; and
(iii)  where the driver is a driver under instruction, the holder of a driver licence occupying the seat in the vehicle or combination next to the driver.
driver fatigue compliance function, for the purposes of Part 13.4, has the meaning given by section 727(1).
driver fatigue provision, for the purposes of Part 13.4, has the meaning given by section 727(1).
driver licence means—
(a)  a driver licence issued under a law of a State or Territory that regulates the use of vehicles on roads; or
(b)  a licence, permit or other authorisation to drive a motor vehicle issued under a law of another country if a law mentioned in paragraph (a) exempts the holder of the licence, permit or other authorisation from the requirement to hold a driver licence under that law to drive a motor vehicle.
electronic recording system has the meaning given by section 221.
electronic recording system approval means an approval of an electronic recording system under Division 7 of Part 6.4.
electronic work diary has the meaning given by section 221.
electronic work diary authorised use, for the purposes of Part 13.4, has the meaning given by section 727(1).
electronic work diary information, for the purposes of Part 13.4, has the meaning given by section 727(1).
electronic work diary protected information, for the purposes of Part 13.4, has the meaning given by section 727(1).
embargo notice has the meaning given by section 557(2).
embargoed thing means a thing the subject of an embargo notice.
employed driver, of a heavy vehicle, means a person who is employed by someone else to drive the vehicle.
employee means an individual who is employed by someone else.
employer means a person who employs someone else.
encourage includes give an incentive.
entity includes a person, an unincorporated partnership and an unincorporated body.
entry, in a work record, for the purposes of Chapter 6, has the meaning given by section 221.
equipment, in relation to a heavy vehicle, includes tools, devices and accessories in the vehicle.
escort vehicle means a pilot vehicle that is driven by a police officer or another person authorised to direct traffic under an Australian road law.
examine includes analyse, test, account, measure, weigh, grade, gauge or identify.
executive officer, of a corporation, means—
(a)  a director of the corporation; or
(b)  any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned or takes part in the management of the corporation.
exemption hours, for the purposes of Chapter 6, has the meaning given by section 259.
exercise, for a function, includes perform.
extract, of a document, device or other thing, means a copy of any information contained in the document, device or other thing.
Note—
See the definition document in section 12 of Schedule 1.
false or misleading means false or misleading in a material particular.
fatigue has the meaning given by section 223.
fatigue record keeping exemption means—
(a)  a fatigue record keeping exemption (notice); or
(b)  a fatigue record keeping exemption (permit).
fatigue record keeping exemption (notice) has the meaning given by section 378.
fatigue record keeping exemption (permit) has the meaning given by section 383.
fatigue-regulated bus means a heavy motor vehicle built or fitted to carry more than 12 adults (including the driver).
Note—
A fatigue-regulated bus is a bus that weighs more than 4.5t for the purposes of being regulated under this Law.
fatigue-regulated heavy vehicle has the meaning given by section 7.
fifth wheel coupling means a device (other than an upper rotating element and a kingpin) used with a prime mover, semitrailer or converter dolly to—
(a)  permit quick coupling and uncoupling; and
(b)  provide for articulation.
film, a thing, includes—
(a)  photograph or videotape the thing; and
(b)  record an image of the thing in another way.
fit, to drive a heavy vehicle, or to start or stop its engine, for a person, means the person—
(a)  is apparently physically and mentally fit to drive the vehicle, or start or stop its engine; and
(b)  is not apparently affected by either or both of the following—
(i)  alcohol;
(ii)  a drug that affects a person’s ability to drive a vehicle; and
(c)  is not found to have an alcohol concentration in the person’s blood or breath exceeding the amount permitted, under an Australian road law of this jurisdiction, for the driver of a heavy vehicle; and
(d)  is not found to be under the influence of a drug or to have present in the person’s blood or saliva a drug that the driver of a heavy vehicle is not permitted to have present in the driver’s blood or saliva under an Australian road law of this jurisdiction.
freight container means—
(a)  a re-usable container of the kind mentioned in AS 3711.1 that is designed for repeated use for transporting goods; or
Note—
AS 3711.1 may be purchased from Standards Australia at .
(b)  a re-usable container of the same or a similar design and construction to a container mentioned in paragraph (a) though of different dimensions.
Fund means the National Heavy Vehicle Regulator Fund established under section 687.
garage address, of a heavy vehicle, means—
(a)  for a heavy vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or
(b)  for a heavy vehicle not normally kept at a depot when not in use—the address of the place of business or residence at which the vehicle is normally kept when not in use.
GCM (gross combination mass), of a motor vehicle, means the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—
(a)  if the registration authority has specified the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—specified by the registration authority; or
(b)  otherwise—stated by the motor vehicle’s manufacturer.
goods
(a)  includes—
(i)  animals (whether alive or dead); and
(ii)  a container (whether empty or not); but
(b)  does not include—
(i)  people; or
(ii)  fuel, water, lubricants and readily removable equipment required for the normal use of the vehicle or combination in which they are carried; or
(iii)  personal items used by the driver of the vehicle or combination, or someone else necessary for the normal use of the vehicle, in which they are carried.
GVM (gross vehicle mass), of a vehicle, means the maximum loaded mass of the vehicle—
(a)  if the registration authority has specified the vehicle’s maximum loaded mass—specified by the registration authority; or
(b)  otherwise—stated by the vehicle’s manufacturer.
hauling unit means a motor vehicle that forms part of a combination, but does not include a prime mover.
heavy combination means a combination that is a heavy vehicle.
heavy motor vehicle means a motor vehicle that is a heavy vehicle.
heavy trailer means a trailer that is a heavy vehicle.
heavy vehicle has the meaning given by section 6.
heavy vehicle accreditation means—
(a)  AFM accreditation; or
(b)  BFM accreditation; or
(c)  maintenance management accreditation; or
(d)  mass management accreditation.
heavy vehicle standards has the meaning given by section 59.
higher mass limits, for the purposes of Chapter 7, has the meaning given by section 403.
hire vehicle means a hire vehicle within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 of New South Wales.
Note—
This definition is inserted for New South Wales.
HML authority, for the purposes of Chapter 7, has the meaning given by section 403.
home address means—
(a)  for an individual—the individual’s residential address in Australia; or
(b)  for a body corporate with a registered office in Australia—the address of the registered office; or
(c)  for another person—the address of the person’s principal or only place of business in Australia.
identification details, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.
identification plate means a plate approved to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989.
impaired by fatigue has the meaning given by section 225.
improvement notice has the meaning given by section 572(2).
in, a vehicle, includes on the vehicle.
indicated, by an official traffic sign, includes—
(a)  indicated by way of a direction on an official traffic sign; and
(b)  indicated by way of a direction, indication or requirement that, under a law, is prescribed as being given or imposed, because of an official traffic sign.
indictable offence means an offence mentioned in section 26F.
information includes—
(a)  information in the form of a printed document; and
Note—
See the definitions printed and document in section 12 of Schedule 1.
(b)  information stored electronically.
information notice, for a decision, means a notice stating the following—
(a)  the decision;
(b)  the reasons for the decision;
(c)  the review and appeal information for the decision.
infringement notice means—
(a)  an infringement notice issued under section 591; or
(b)  an infringement notice, expiation notice, penalty notice or similar notice under the Infringement Notice Offences Law.
Infringement Notice Offences Law, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the Infringement Notice Offences Law for the purposes of this Law.
inspect, a thing, includes—
(a)  open the thing and examine its contents; and
(b)  test the thing or its contents or both.
intelligent access program agreement, for the purposes of Chapter 7, has the meaning given by section 403.
intelligent access program audit, for the purposes of Chapter 7, has the meaning given by section 403.
intelligent access program auditor means a person engaged by TCA for auditing activities conducted by intelligent access program service providers.
intelligent access program conditions has the meaning given by section 402.
intelligent access program information, for the purposes of Chapter 7, has the meaning given by section 403.
intelligent access map means the spatial data set in electronic form, issued by TCA from time to time, that defines the national public road system.
intelligent access program reporting entity, for the purposes of Chapter 6, has the meaning given by section 221.
intelligent access program service provider has the meaning given by section 403.
intelligent access program vehicle, for the purposes of Chapter 7, has the meaning given by section 403.
intelligent transport system means a system involving the use of electronic or other technology, whether located in a heavy vehicle or on or near a road or elsewhere, that is able to monitor, generate, record, store, display, analyse, transmit or report information about—
(a)  any or all of the following—
(i)  a heavy vehicle, its equipment or load;
(ii)  the driver of a heavy vehicle;
(iii)  an operator of a heavy vehicle;
(iv)  anyone else involved in road transport using a heavy vehicle; and
(b)  without limiting paragraph (a), the compliance or noncompliance with this Law of the use of a heavy vehicle on a road.
investigation purposes means investigating a contravention or suspected contravention of this Law.
journey documentation
(a)  means a document, other than transport documentation, in any form—
(i)  directly or indirectly associated with—
(A)  a transaction for the actual or proposed road transport of goods or passengers using a heavy vehicle, or for a previous transport of the goods or passengers by any transport method; or
(B)  goods or passengers, to the extent the document is relevant to a transaction for their actual or proposed road transport; and
(ii)  whether relating to a particular journey or to journeys generally; and
(b)  includes, for example, any or all of the following—
(i)  a document kept, used or obtained by a responsible person for a heavy vehicle in connection with the transport of goods or passengers;
(ii)  a workshop, maintenance or repair record relating to a heavy vehicle used, or claimed to be used, for transporting goods or passengers;
(iii)  a subcontractor’s payment advice relating to goods or passengers or their transport;
(iv)  records kept, used or obtained by the driver of a heavy vehicle used, or claimed to be used, for transporting goods or passengers;
Examples—
  driver’s run sheet
  work diary entry
  fuel docket or receipt
  food receipt
  tollway receipt
  pay record
  mobile or other telephone record
(v)  information reported through the use of an intelligent transport system;
(vi)  a driver manual or instruction sheet;
(vii)  an advice resulting from check weighing of a heavy vehicle’s mass or load performed before, during or after a journey.
Note—
See the definition document in section 12 of Schedule 1.
law enforcement agency means an agency that has functions or activities directed at the prevention, detection, investigation, prosecution or punishment of offences and other contraventions of a law for which penalties or sanctions may be imposed.
law enforcement purposes, for the purposes of Chapter 7, has the meaning given by section 403.
load, of a heavy vehicle or in a heavy vehicle, means—
(a)  all the goods, passengers, drivers and other persons in the vehicle; and
(b)  all fuel, water, lubricants and readily removable equipment carried in the vehicle and required for its normal use; and
(c)  personal items used by the vehicle’s driver or someone else necessary for the normal use of the vehicle; and
(d)  anything that is normally removed from the vehicle when not in use.
load, when used as a verb, and loader
A person loads goods in a heavy vehicle, and is a loader of goods in a heavy vehicle, if the person is a person who—
(a)  loads the vehicle, or any container that is in or part of the vehicle, with the goods for road transport; or
(b)  loads the vehicle with a freight container, whether or not it contains goods, for road transport.
loaded mass, of a vehicle, means the vehicle’s mass together with the mass of the vehicle’s load that is transmitted to the ground.
loading manager, for goods in a heavy vehicle, means—
(a)  a person who manages, or is responsible for the operation of, regular loading or unloading premises for heavy vehicles where the goods are—
(i)  loaded onto the heavy vehicle; or
(ii)  unloaded from the heavy vehicle; or
(b)  a person who has been assigned by a person mentioned in paragraph (a) as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader or unloader of goods at regular loading or unloading premises for heavy vehicles.
loading requirements has the meaning given by section 110.
local government authority, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be a local government authority for that jurisdiction for the purposes of this Law.
maintenance management accreditation means—
(a)  maintenance management accreditation granted under section 458; or
(b)  accreditation of a similar kind under another law of a participating jurisdiction.
maintenance management standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.
maintenance management system, for the purposes of Chapter 8, has the meaning given by section 457.
major defect notice means a notice complying with the requirements for a major defect notice under section 527.
major rest break, for the purposes of Chapter 6, has the meaning given by section 221.
malfunction
(a)  for the purposes of Chapter 6, has the meaning given by section 221; and
(b)  for the purposes of Chapter 7, has the meaning given by section 403.
management member, of an unincorporated body, means—
(a)  if the body has a management committee—each member of the management committee; or
(b)  otherwise—each member who is concerned with, or takes part in, the body’s management, whatever name is given to the member’s position in the body.
mass, dimension or loading requirement means a mass requirement, dimension requirement or loading requirement.
mass management accreditation means—
(a)  mass management accreditation granted under section 458; or
(b)  accreditation of a similar kind under another law of a participating jurisdiction.
mass management standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.
mass management system, for the purposes of Chapter 8, has the meaning given by section 457.
mass or dimension authority means—
(a)  a mass or dimension exemption; or
(b)  a class 2 heavy vehicle authorisation.
mass or dimension exemption means—
(a)  a mass or dimension exemption (notice); or
(b)  a mass or dimension exemption (permit).
mass or dimension exemption (notice) has the meaning given by section 117(2).
mass or dimension exemption (permit) has the meaning given by section 122(3).
mass requirement means—
(a)  a prescribed mass requirement (under section 95); or
(b)  a requirement as to a mass limit relating to a heavy vehicle under a condition to which a mass or dimension authority is subject (where the mass limit is lower than the relevant prescribed mass requirement); or
(c)  a requirement as to a mass limit under a PBS vehicle approval; or
(d)  a requirement as to a mass limit indicated by an official traffic sign; or
Note—
See the definitions indicated and official traffic sign.
(e)  a requirement as to a mass limit under the GVM or GCM for a heavy vehicle; or
(f)  a requirement as to a mass limit for a component vehicle as stated by the manufacturer or as prescribed by a heavy vehicle standard.
maximum work requirement means a requirement of Chapter 6 relating to a maximum work time for the driver of a fatigue-regulated heavy vehicle.
maximum work time means the maximum time the 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 of Chapter 6 relating to the minimum rest time for the driver of a fatigue-regulated heavy vehicle.
minimum rest time means the minimum time the driver of a fatigue-regulated heavy vehicle must rest in order to break up the period of time the driver drives a fatigue-regulated heavy vehicle or otherwise works.
minor defect notice means a notice complying with the requirements for a minor defect notice under section 527.
minor risk breach
(a)  for a mass requirement—has the meaning given by section 98; or
(b)  for a dimension requirement—has the meaning given by section 105; or
(c)  for a loading requirement—has the meaning given by section 112; or
(d)  for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(1).
modification, for the purposes of Part 3.3, has the meaning given by section 84.
monitoring purposes means finding out whether this Law is being complied with.
motor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle.
Motor Vehicle Standards Act 1989 means the repealed Motor Vehicle Standards Act 1989 of the Commonwealth as in force before its repeal.
national regulations means the regulations made under section 730.
National Transport Commission means the National Transport Commission established by the National Transport Commission Act 2003 of the Commonwealth.
night means the period between sunset on a day and sunrise on the next day.
night rest break means—
(a)  7 continuous hours stationary rest time between 10p.m. on a day and 8a.m. on the next day; or
Note—
Under sections 248 and 303, the time must be based on the time zone of the driver’s base for drivers on a journey in a different time zone to the driver’s base.
(b)  24 continuous hours stationary rest time.
night work time, for the purposes of Chapter 6, has the meaning given by section 221.
noncompliance report, for the purposes of Chapter 7, has the meaning given by section 403.
non-participating jurisdiction, for the purposes of Chapter 6, has the meaning given by section 221.
notice
(a)  means written notice; and
(b)  for the purposes of Division 5B of Part 9.4, has the meaning given by section 576D.
occupier, of a place, includes the following—
(a)  if there is more than 1 person who apparently occupies the place—any 1 of the persons;
(b)  any person at the place who is apparently acting with the authority of a person who apparently occupies the place;
(c)  if no-one apparently occupies the place—any person who is an owner of the place.
official means any of the following persons exercising a function under this Law—
(a)  the Regulator;
(b)  a road authority;
(c)  an authorised officer.
official traffic sign means a sign or device erected or placed, under a law, by a public authority (including, for example, a police force or police service) to regulate traffic.
operate and operator
A person operates a vehicle or combination, and is an operator of the vehicle or combination, if the person is responsible for controlling or directing the use of—
(a)  for a vehicle (including a vehicle in a combination)—the vehicle; or
(b)  for a combination—the towing vehicle in the combination.
oversize vehicle means a heavy vehicle that does not comply with a dimension requirement applying to it.
owner
(a)  of a vehicle means—
(i)  each person who is an owner, joint owner or part owner of the vehicle; or
(ii)  a person who has the use or control of the vehicle under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or
(b)  of a combination means—
(i)  each person who is an owner, joint owner or part owner of the towing vehicle in the combination; or
(ii)  a person who has the use or control of the towing vehicle in the combination under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or
(c)  of a sample means an owner of the sample or the thing from which it was taken.
pack and packer
A person packs goods, and is a packer of goods, if the person—
(a)  puts the goods in packaging, even if that packaging is already on a vehicle; or
Example for the purposes of paragraph (a)—
A person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport.
(b)  assembles the goods as packaged goods in an outer packaging, even if that packaging is already on a vehicle; or
(c)  supervises an activity mentioned in paragraph (a) or (b); or
(d)  manages or controls an activity mentioned in paragraph (a), (b) or (c).
packaging, in relation to goods, means anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported.
Note—
It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which goods are directly placed.
participating jurisdiction
(a)  for the purposes of this Law other than Chapter 6—means a State or Territory in which—
(i)  this Law applies as a law of the State or Territory; or
(ii)  a law that substantially corresponds to the provisions of this Law has been enacted; or
(iii)  a law prescribed by the national regulations for the purposes of this subparagraph has been enacted; or
(b)  for the purposes of Chapter 6—has the meaning given by section 221.
party in the chain of responsibility, for a heavy vehicle, means each of the following persons—
(a)  if the vehicle’s driver is an employed driver—an employer of the driver;
(b)  if the vehicle’s driver is a self-employed driver—a prime contractor for the driver;
(c)  an operator of the vehicle;
(d)  a scheduler for the vehicle;
(e)  a consignor of any goods in the vehicle;
(f)  a consignee of any goods in the vehicle;
(g)  a packer of any goods in the vehicle;
(h)  a loading manager for any goods in the vehicle;
(i)  a loader of any goods in the vehicle;
(j)  an unloader of any goods in the vehicle.
passenger, of a vehicle, means any person carried in the vehicle other than the vehicle’s driver or someone else necessary for the normal use of the vehicle.
PBS design approval means a current approval given under section 22 for the design of a type of heavy vehicle that, if built to the design, is eligible for PBS vehicle approval.
Note—
‘PBS’ stands for performance based standards.
PBS Review Panel means an advisory body appointed by the Regulator to provide expert advice in the assessment of applications for PBS design approvals or PBS vehicle approvals and of their impacts.
Note—
The membership of the PBS Review Panel consists of one representative of each State and Territory, an independent Chairperson and an independent Deputy Chairperson. The Commonwealth may, if it decides to do so, nominate a representative of the Commonwealth. The procedure of the Panel is as determined by the Regulator.
PBS vehicle means a heavy vehicle that is the subject of a current PBS vehicle approval under Part 1.4.
PBS vehicle approval means a current approval issued for a heavy vehicle by the Regulator under section 23.
personal information
(a)  generally, means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be found out, from the information or opinion; and
(b)  for the purposes of Chapter 7, has the meaning given by section 403.
pig trailer means a trailer—
(a)  with 1 axle group or a single axle near the middle of its load carrying surface; and
(b)  connected to the towing vehicle by a drawbar.
pilot vehicle means a motor vehicle that accompanies an oversize vehicle to warn other road users of the oversize vehicle’s presence.
place of business, for the purposes of Part 9.2, has the meaning given by section 494.
pole-type trailer means a trailer that—
(a)  is attached to a towing vehicle by a pole or an attachment fitted to a pole; and
(b)  is ordinarily used for transporting loads, such as logs, pipes, structural members, or other long objects, that can generally support themselves like beams between supports.
Pole-type trailer
police commissioner means the head of the police force or police service (however called) of a participating jurisdiction.
premises
(a)  means a building or other structure, a vessel, or another place (whether built on or not)—
(i)  from which a business is carried out; or
(ii)  at or from which goods are loaded onto or unloaded from vehicles; and
(b)  includes a part of a building, structure, vessel or place mentioned in paragraph (a).
prescribed dimension requirement means a requirement prescribed by the national regulations under section 101.
prescribed fee means a fee prescribed by the national regulations under section 740(1).
prescribed mass requirement means a requirement prescribed by the national regulations under section 95.
previous corresponding law
1  A previous corresponding law is a law of a participating jurisdiction that, before the participation day for the jurisdiction, provided for the same, or substantially the same, matters as the provisions of this Law.
2  A previous corresponding law for a provision of this Law is a provision of a previous corresponding law within the meaning of paragraph 1 that corresponds, or substantially corresponds, to the provision of this Law.
3  For the purposes of paragraph 1, it is irrelevant whether the law of the participating jurisdiction—
(a)  is in 1 instrument or 2 or more instruments; or
(b)  is part of an instrument; or
(c)  is part of an instrument and the whole or part of 1 or more other instruments.
prime contractor, of the driver of a heavy vehicle, means a person who engages the driver to drive the vehicle under a contract for services.
Example—
a logistics business that engages a subcontractor to transport goods.
prime mover means a heavy motor vehicle designed to tow a semitrailer.
prohibition notice has the meaning given by section 576A(3).
prohibition order has the meaning given by section 607(1).
promisee see section 590A.
protected information, for the purposes of Part 13.4, has the meaning given by section 727.
public authority means—
(a)  a State or Territory or the Commonwealth, in any capacity; or
(b)  a body established under a law, or the holder of an office established under a law, for a public purpose, including a local government authority.
public notice means a notice—
(a)  in the Commonwealth Gazette; and
(b)  on the Regulator’s website; and
(c)  if the Regulator considers it appropriate—in another way, including, for example, in a national newspaper.
public passenger service means a public passenger service within the meaning of the Passenger Transport Act 1990 of New South Wales.
Note—
This definition is inserted for New South Wales.
public place means a place or part of a place—
(a)  that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or
(b)  the occupier of which allows members of the public to enter, whether or not on payment of money.
public risk means—
(a)  a safety risk; or
(b)  a risk of damage to road infrastructure.
public safety means the safety of persons or property, including the safety of—
(a)  the drivers of, and passengers and other persons in, vehicles and combinations; and
(b)  persons or property in or in the vicinity of, or likely to be in or in the vicinity of, road infrastructure and public places; and
(c)  vehicles and combinations and any loads in them.
public safety ground, for a reviewable decision, has the meaning given by section 640.
quad-axle group means a group of 4 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 3.2m but not more than 4.9m.
qualified, to drive a heavy vehicle, or to start or stop its engine, for a person, means the person—
(a)  holds a driver licence of the appropriate class to drive the vehicle that 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.
Queensland Minister means the responsible Minister for Queensland.
reasonably believes means believes on grounds that are reasonable in the circumstances.
reasonably practicable, in relation to a duty, means that which is, or was at a particular time, reasonably able to be done in relation to the duty, weighing up all relevant matters, including—
(a)  the likelihood of a safety risk, or damage to road infrastructure, happening; and
(b)  the harm that could result from the risk or damage; and
(c)  what the person knows, or ought reasonably to know, about the risk or damage; and
(d)  what the person knows, or ought reasonably to know, about the ways of—
(i)  removing or minimising the risk; or
(ii)  preventing or minimising the damage; and
(e)  the availability and suitability of those ways; and
(f)  the cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage.
reasonably satisfied means satisfied on grounds that are reasonable in the circumstances.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
record keeper has the meaning given by section 317.
record location, of the driver of a fatigue-regulated heavy vehicle, for the purposes of Chapter 6, has the meaning given by section 290.
registered industry code of practice means an industry code of practice registered under section 706.
registered interest means an interest registered under the Personal Property Securities Act 2009 of the Commonwealth by a secured party for which the thing or sample is collateral.
registered operator, of a heavy vehicle, means the person recorded on a vehicle register as the person responsible for the vehicle, however named, kept under another Australian road law.
registration, of a heavy vehicle, means registration of the vehicle under an Australian road law.
registration authority, for a heavy vehicle, means the authority responsible for the registration of the vehicle under an Australian road law.
registration item means a document, number plate, label or other thing relating to the registration or purported registration of a heavy vehicle.
Note—
See the definition document in section 12 of Schedule 1.
registration number, for a heavy vehicle, means the identifying registration number, however described, given to the vehicle under an Australian road law.
regular loading or unloading premises
1  Regular loading or unloading premises, for heavy vehicles, means premises at or from which an average of at least 5 heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.
2  For the purposes of paragraph 1, an average of at least 5 heavy vehicles are loaded or unloaded at or from premises on each day the premises are operated for loading or unloading heavy vehicles if—
(a)  for premises operated for loading or unloading heavy vehicles for 12 months or more—during the previous 12 months, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles; or
(b)  for premises operated for loading or unloading heavy vehicles for less than 12 months—during the period the premises have been in operation for loading or unloading heavy vehicles, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles.
3  In the application of this definition to the definition loading manager where used in Chapter 6, references in paragraphs 1 and 2 to ‘an average of at least 5 heavy vehicles’ are to be read as references to an average of at least 5 fatigue-regulated heavy vehicles.
Note—
Consequently, Chapter 6 applies to a person as a loading manager only if the premises concerned are premises at or from which an average of at least 5 fatigue-regulated heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.
Regulator means the National Heavy Vehicle Regulator established under section 656.
Regulator’s website means the website of the Regulator on the internet.
relevant appeal body, for the purposes of Chapter 11, has the meaning given by section 640.
relevant contravention, for the purposes of Chapter 7, has the meaning given by section 403.
relevant emission, for a heavy vehicle, means noise emission, gaseous emission or particle emission emanating from the vehicle.
relevant garage address, of a heavy vehicle, means—
(a)  the heavy vehicle’s garage address; or
(b)  if the heavy vehicle is a combination—the garage address of the towing vehicle in the combination.
relevant jurisdiction, for the purposes of Chapter 11, has the meaning given by section 640.
relevant management system, for the purposes of Chapter 8, has the meaning given by section 457.
relevant monitoring matters, for the purposes of Chapter 7, has the meaning given by section 403.
relevant place, for the purposes of Part 9.2, has the meaning given by section 494.
relevant police commissioner, in relation to a police officer, means the police commissioner for the police force or police service (however called) of which the police officer is a member.
relevant road manager, for a mass or dimension authority, means a road manager for a road in the area, or on the route, to which the authority applies.
relevant standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.
relevant tribunal or court, for a participating jurisdiction, means a tribunal or court that is declared by a law of that jurisdiction to be the relevant tribunal or court for that jurisdiction for the purposes of this Law.
residence, for the purposes of Part 9.2, has the meaning given by section 494(1).
responsible entity, for a freight container, means—
(a)  the person who, in Australia, consigned the container for road transport using a heavy vehicle; or
(b)  if there is no person as described in paragraph (a)—the person who, in Australia, for a consignor, arranged for the container’s road transport using a heavy vehicle; or
(c)  if there is no person as described in paragraph (a) or (b)—the person who, in Australia, physically offered the container for road transport using a heavy vehicle.
responsible Minister, for a participating jurisdiction, means the Minister of that jurisdiction nominated by it as its responsible Minister for the purposes of this Law.
responsible Ministers means a group of Ministers consisting of—
(a)  the responsible Minister for each participating jurisdiction; and
(b)  the Commonwealth responsible Minister.
Note—
See also section 655(3).
responsible person, for a heavy vehicle, means a person having, at a relevant time, a role or responsibility associated with road transport using the vehicle, and includes any of the following—
(a)  an owner of the vehicle or, if it is a combination, an owner of a heavy vehicle forming part of the combination;
(b)  the vehicle’s driver;
(c)  an operator or registered operator of the vehicle or, if it is a combination, an operator or registered operator of a heavy vehicle forming part of the combination;
(d)  a person in charge or apparently in charge of—
(i)  the vehicle; or
(ii)  the vehicle’s garage address or, if it is a combination, the garage address of a heavy vehicle forming part of the combination; or
(iii)  a base of the vehicle’s driver;
(e)  a person appointed under a heavy vehicle accreditation to have monitoring or other responsibilities under the accreditation, including, for example, responsibilities for certifying, monitoring or approving the use of heavy vehicles under the accreditation;
(f)  a person who provides to an owner or registered operator of the vehicle or, if it is a combination, an owner or registered operator of a heavy vehicle forming part of the combination, an intelligent transport system for the vehicle;
(g)  a person in charge of a place entered by an authorised officer under this Law for the purpose of exercising a power under this Law;
(h)  a consignor of goods for road transport;
(i)  a packer of goods in a freight container or other container or in a package or on a pallet for road transport;
(j)  a person who loads goods or a container for road transport;
(k)  a person who unloads goods or a container containing goods consigned for road transport;
(l)  a person to whom goods are consigned for road transport;
(m)  a person who receives goods packed outside Australia in a freight container or other container or on a pallet for road transport in Australia;
(n)  an owner or operator of a weighbridge or weighing facility used to weigh the vehicle, or an occupier of the place where the weighbridge or weighing facility is located;
(o)  a responsible entity for a freight container on the vehicle;
(p)  a loading manager for goods in heavy vehicles for road transport or another person who controls or directly influences the loading of goods for road transport;
(q)  a scheduler for the vehicle;
(r)  an employer, employee, agent or subcontractor of a person mentioned in any of paragraphs (a) to (q).
rest, in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221.
rest time, for the purposes of Chapter 6, has the meaning given by section 221.
review and appeal information
(a)  for a decision made by the Regulator or an authorised officer who is not a police officer, means the following information—
(i)  that, under section 641, a dissatisfied person for the decision may ask for the decision to be reviewed by the Regulator;
(ii)  that, under section 642, the person may apply for the decision to be stayed by a relevant tribunal or court unless the decision was made by the Regulator on the basis of a public safety ground;
(iii)  that, in relation to the Regulator’s decision on the review, the person may—
(A)  under section 647, appeal against the decision to a relevant tribunal or court; and
(B)  under section 648, apply for the decision to be stayed by a relevant tribunal or court unless the reviewable decision to which the review decision relates was made by the Regulator on the basis of a public safety ground; and
(b)  for a decision made by a road manager (for a road) that is a public authority, means the following information—
(i)  that, under section 641, a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed;
(ii)  that, under section 643, the Regulator must refer the application to the road manager for review;
(iii)  that the decision of the road manager on the review is not subject to further review or appeal under this Law; and
(c)  for a decision made by an authorised officer who is a police officer, or a road manager (for a road) that is not a public authority, means that the decision is not subject to review or appeal under this Law.
review application, for the purposes of Chapter 11, has the meaning given by section 640.
review decision, for the purposes of Chapter 11, has the meaning given by section 640.
reviewable decision has the meaning given by section 640.
reviewer, for the purposes of Chapter 11, has the meaning given by section 640.
rigid, other than in the definition articulated bus, means not articulated.
risk category
(a)  for a contravention of a mass, dimension or loading requirement, means 1 of the following categories—
(i)  minor risk breach;
(ii)  substantial risk breach;
(iii)  severe risk breach; or
(b)  for a contravention of a maximum work requirement or minimum rest requirement, means 1 of the following categories—
(i)  minor risk breach;
(ii)  substantial risk breach;
(iii)  severe risk breach;
(iv)  critical risk breach.
road has the meaning given by section 8.
Note—
See also section 13.
road authority, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be the road authority for that jurisdiction for the purposes of this Law.
road condition has the meaning given by section 154.
road infrastructure includes—
(a)  a road, including its surface or pavement; and
(b)  anything under or supporting a road or its surface or pavement; and
(c)  any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and
(d)  any bridge or other work or structure located above, in or on a road; and
(e)  any traffic control devices, railway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything mentioned in paragraphs (a) to (d).
road manager, for a road in a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be the road manager for the road for the purposes of this Law.
road-related area has the meaning given by section 8.
Road Rules, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the Road Rules for the purposes of this Law.
road train means—
(a)  a B-triple; or
(b)  a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers, excluding any converter dolly supporting a semitrailer.
Typical triple road train
road transport means transport by road.
Road Vehicle Standards Act 2018 means the Road Vehicle Standards Act 2018 of the Commonwealth.
route assessment, for the purposes of Part 4.7, has the meaning given by section 154.
safety duty means a duty imposed under any of the following provisions—
(a)  section 26C;
(b)  section 26E(1) or (2);
(c)  section 89(1);
(d)  section 93(1), (2) or (3);
(e)  section 129(1), (2) or (3);
(f)  section 137;
(g)  section 150(1);
(h)  section 153A(1);
(i)  section 186(2), (3), (4) or (5);
(j)  section 187(2) or (3);
(k)  section 335(1);
(l)  section 336(1);
(m)  section 337(2);
(n)  section 454(1) or (2);
(o)  section 467;
(p)  section 470(2), (3) or (4);
(q)  section 604;
(r)  section 610.
safety risk means a risk—
(a)  to public safety; or
(b)  of harm to the environment.
schedule, for the driver of a heavy vehicle, means—
(a)  the schedule for the transport of any goods or passengers by the vehicle; or
(b)  the schedule of the driver’s work times and rest times.
scheduler, for a heavy vehicle, means a person who—
(a)  schedules the transport of any goods or passengers by the vehicle; or
(b)  schedules the work times and rest times of the vehicle’s driver.
second edition ADR means an ADR incorporated in the document described as the ‘Australian Design Rules for Motor Vehicle Safety, Second Edition’ originally published by the former Commonwealth Department of Transport.
self-clearing defect notice means a notice complying with the requirements for a self-clearing defect notice under section 527.
self-employed driver, of a heavy vehicle, means a driver of the vehicle who is not an employed driver of the vehicle.
semitrailer means a trailer that has—
(a)  1 axle group or a single axle towards the rear; and
(b)  a means of attachment to a prime mover that results in some of the mass of the trailer’s load being imposed on the prime mover.
severe risk breach
(a)  for a mass requirement—has the meaning given by section 100; or
(b)  for a dimension requirement—has the meaning given by section 107; or
(c)  for a loading requirement—has the meaning given by section 114; or
(d)  for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(3).
severe risk breach lower limit
(a)  for the purposes of Division 2 of Part 4.2, has the meaning given by section 97; or
(b)  for the purposes of Division 2 of Part 4.3, has the meaning given by section 104.
sign of fatigue, for the purposes of Chapter 6, has the meaning given by section 221.
single axle means—
(a)  1 axle; or
(b)  2 axles with centres between transverse, parallel, vertical planes spaced less than 1.0m apart.
solo driver, for the purposes of Chapter 6, has the meaning given by section 221.
speed limit means—
(a)  a speed limit applying under this Law, the Road Rules or another law; and
(b)  when used in the context of a speed limit applying to the driver of a heavy vehicle—a speed limit applying to the driver or the vehicle (or both) under this Law, the Road Rules or another law (whether it applies specifically to the particular driver or the particular vehicle or it applies to all drivers or vehicles or to a class of drivers or vehicles to which the driver or vehicle belongs).
Note—
A reference to a speed limit applying under this Law, the Road Rules or another law covers both—
  a speed limit specified in this Law, the Road Rules or other law
  a speed limit specified in an instrument, or in some other manner, under this Law, the Road Rules or other law (for example, a speed limit specified in a permit or a Commonwealth Gazette notice)
standard hours, for the purposes of Chapter 6, has the meaning given by section 249.
Standards Australia means Standards Australia Limited CAN 087 326 690, and includes a reference to the Standards Association of Australia as constituted before 1 July 1999.
stationary rest time has the meaning given by section 221.
substantial risk breach
(a)  for a mass requirement—has the meaning given by section 99; or
(b)  for a dimension requirement—has the meaning given by section 106; or
(c)  for a loading requirement—has the meaning given by section 113; or
(d)  for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(2).
substantial risk breach lower limit
(a)  for the purposes of Division 2 of Part 4.2, has the meaning given by section 97; or
(b)  for the purposes of Division 2 of Part 4.3, has the meaning given by section 104.
suitable rest place, for fatigue-regulated heavy vehicles, means—
(a)  a rest area designated for use, and able to be used, by fatigue-regulated heavy vehicles; or
(b)  a place at which a fatigue-regulated heavy vehicle may be safely and lawfully parked.
supervisory intervention order has the meaning given by section 600(1).
supplementary record, for the purposes of Chapter 6, has the meaning given by section 221.
tamper
(a)  with an emission control system, for the purposes of section 91, has the meaning given by that section; or
(b)  with a plate or label, for the purposes of section 87A, has the meaning given by that section; or
(c)  with a speed limiter, for the purposes of section 93, has the meaning given by that section; or
(d)  with an approved electronic recording system, for the purposes of Chapter 6, has the meaning given by section 334; or
(e)  with an approved intelligent transport system, for the purposes of Chapter 7, has the meaning given by section 403.
tandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre-lines of the outermost axles is at least 1m but not more than 2m.
TCA means Transport Certification Australia Limited ACN 113 379 936.
Territory means the Australian Capital Territory or the Northern Territory.
TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
Note—
This definition is inserted for New South Wales pending the commencement of the national scheme for the registration of heavy vehicles under this Law.
the State means the Crown in right of this jurisdiction, and includes—
(a)  the Government of this jurisdiction; and
(b)  a Minister of the Crown in right of this jurisdiction; and
(c)  a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.
third edition ADR means—
(a)  a national standard under section 7 of the Motor Vehicle Standards Act 1989; or
(b)  a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018.
third party insurance legislation means—
(a)  legislation about compensation for third parties who are injured or killed by the use of motor vehicles or trailers; or
(b)  legislation about payment of contributions towards compensation of that kind; or
(c)  legislation requiring public liability insurance.
this jurisdiction—see the law of each participating jurisdiction for the meaning of this term.
this Law means—
(a)  this Law as it applies as a law of a participating jurisdiction; or
(b)  a law of a participating jurisdiction that—
(i)  substantially corresponds to the provisions of this Law; or
(ii)  is prescribed by the national regulations for the purposes of paragraph (a)(iii) of the definition participating jurisdiction.
Note—
See also section 11.
tow truck means—
(a)  a heavy motor vehicle that is—
(i)  equipped with a crane, winch, ramp or other lifting device; and
(ii)  used or intended to be used for the towing of motor vehicles; or
(b)  a heavy motor vehicle to which is attached, temporarily or otherwise, a trailer or device that is—
(i)  equipped with a crane, winch, ramp or other lifting device; and
(ii)  used or intended to be used for the towing of motor vehicles.
tractor means a motor vehicle used for towing purposes, other than—
(a)  a motor vehicle designed to carry goods or passengers; or
(b)  a tow truck.
traffic includes vehicular traffic, pedestrian traffic and all other forms of road traffic.
trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle being towed.
transport activities means activities, including business practices and making decisions, associated with the use of a heavy vehicle on a road, including, for example—
(a)  contracting, directing or employing a person—
(i)  to drive the vehicle; or
(ii)  to carry out another activity associated with the use of the vehicle (such as maintaining or repairing the vehicle); or
(b)  consigning goods for transport using the vehicle; or
(c)  scheduling the transport of goods or passengers using the vehicle; or
(d)  packing goods for transport using the vehicle; or
(e)  managing the loading of goods onto or unloading of goods from the vehicle; or
(f)  loading goods onto or unloading goods from the vehicle; or
(g)  receiving goods unloaded from the vehicle.
transport documentation means each of the following—
(a)  each contractual document directly or indirectly associated with—
(i)  a transaction for the actual or proposed road transport of goods or passengers or any previous transport of the goods or passengers by any transport method; or
(ii)  goods or passengers, to the extent the document is relevant to the transaction for their actual or proposed road transport;
(b)  each document—
(i)  contemplated in a contractual document mentioned in paragraph (a); or
(ii)  required by law, or customarily given, in connection with a contractual document or transaction mentioned in paragraph (a).
Examples—
  bill of lading
  consignment note
  container weight declaration
  contract of carriage
  delivery order
  export receival advice
  invoice
  load manifest
  sea carriage document
  vendor declaration
Note—
See the definition document in section 12 of Schedule 1.
travel condition has the meaning given by section 154.
tri-axle group means a group of at least 3 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 2m but not more than 3.2m.
truck means a rigid motor vehicle built mainly as a load carrying vehicle.
twinsteer axle group means a group of 2 axles—
(a)  with single tyres; and
(b)  fitted to a motor vehicle; and
(c)  connected to the same steering mechanism; and
(d)  the horizontal distance between the centre-lines of which is at least 1m but not more than 2m.
two-up driving arrangement, for the purposes of Chapter 6, has the meaning given by section 221.
unattended, for a heavy vehicle, for the purposes of Division 3 of Part 9.3, has the meaning given by section 515.
under, for a law or a provision of a law, includes—
(a)  by; and
(b)  for the purposes of; and
(c)  in accordance with; and
(d)  within the meaning of.
unincorporated body includes an unincorporated local government authority, but does not include an unincorporated partnership.
unincorporated local government authority means a local government authority that is not a body corporate.
unload and unloader
A person unloads goods in a heavy vehicle, and is an unloader of goods in a heavy vehicle, if the person is a person who—
(a)  unloads from the vehicle, or any container that is in or part of the vehicle, goods that have been transported by road; or
(b)  unloads from the vehicle a freight container, whether or not it contains goods, that has been transported by road.
unregistered heavy vehicle means a heavy vehicle that is not registered.
unregistered heavy vehicle permit means a permit granted or issued under an Australian road law authorising the use of an unregistered heavy vehicle on a road.
use, a heavy vehicle on a road, includes standing the vehicle on the road.
vehicle condition has the meaning given by section 154.
vehicle defect notice means a major defect notice, minor defect notice or self-clearing defect notice.
vehicle identifier, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.
vehicle standards exemption means—
(a)  vehicle standards exemption (notice); or
(b)  vehicle standards exemption (permit).
vehicle standards exemption (notice) has the meaning given by section 61(2).
vehicle standards exemption (permit) has the meaning given by section 68(2).
VIN (vehicle identification number), for a heavy vehicle, means—
(a)  for a heavy vehicle built before 1 January 1989 that has an identification plate, the number quoted on the vehicle’s identification plate that—
(i)  uniquely identifies the vehicle and sets it apart from similar vehicles; and
(ii)  corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; or
(b)  for a heavy vehicle built on or after 1 January 1989 that was given an approval under the Motor Vehicle Standards Act 1989 or is given an approval under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth, the unique vehicle identification number assigned to the vehicle—
(i)  at the time the vehicle was manufactured, in accordance with a third edition ADR; or
(ii)  by the department of government of the Commonwealth in which the Motor Vehicle Standards Act 1989 was previously administered; or
(c)  otherwise, the unique number assigned to the heavy vehicle—
(i)  at the time the vehicle was manufactured, in accordance with an ADR that is a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018; or
(ii)  by the department of government of the Commonwealth in which the Road Vehicle Standards Act 2018 is administered.
work, in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221.
work and rest change, for the purposes of Chapter 6, has the meaning given by section 221.
work and rest hours exemption means—
(a)  a work and rest hours exemption (notice); or
(b)  a work and rest hours exemption (permit).
work and rest hours exemption (notice) has the meaning given by section 266(2).
work and rest hours exemption (permit) has the meaning given by section 273(2).
work and rest hours option, for the purposes of Chapter 6, has the meaning given by section 243.
work diary, for the purposes of Chapter 6, has the meaning given by section 221.
work diary exemption means—
(a)  a work diary exemption (notice); or
(b)  a work diary exemption (permit).
work diary exemption (notice) has the meaning given by section 357(2).
work diary exemption (permit) has the meaning given by section 363(2).
work record, for the purposes of Chapter 6, has the meaning given by section 221.
work time, for the purposes of Chapter 6, has the meaning given by section 221.
written work diary, for the purposes of Chapter 6, has the meaning given by section 221.
s 5: Am 2015 No 12, sec 4; 2016 No 65, secs 7, 117, 139; 2017 No 63, Sch 4.21 [1]; 2018 No 10, sec 14; 2018 (354), Sch 1 [1] [2]; 2018 No 18, sec 6; 2019 No 29, secs 4, 7; 2020 No 30, Sch 4.27[5].
6   Meaning of heavy vehicle
(1)  For the purposes of this Law, a vehicle is a heavy vehicle if it has a GVM or ATM of more than 4.5t.
(2)  Also, for the purposes of this Law, a combination that includes a vehicle with a GVM or ATM of more than 4.5t is a heavy vehicle.
(3)  However, rolling stock is not a heavy vehicle for the purposes of this Law.
(4)  In this section—
rolling stock
1  Rolling stock is a vehicle designed to operate or move on a railway track and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, tram, light inspection vehicle, self-propelled infrastructure maintenance vehicle, trolley, wagon or monorail vehicle.
2  A vehicle designed to operate both on and off a railway track is rolling stock when the vehicle is being—
(a)  operated or moved on a railway track; or
(b)  maintained, repaired or modified in relation to the operation or movement of the vehicle on a railway track.
s 6: Am 2018 No 10, sec 15; 2018 (354), Sch 1 [1].
7   Meaning of fatigue-regulated heavy vehicle
(1)  For the purposes of this Law, 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 12t;
(b)  a combination with a GVM of more than 12t;
(c)  a fatigue-regulated bus.
(2)  However, subject to subsection (3), a heavy vehicle is not a fatigue-regulated heavy vehicle for the purposes of this Law if it is any of the following—
(a)  a motor vehicle that—
(i)  is built, or has been modified, to operate primarily 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 for the purposes of paragraph (a)—
agricultural machine, backhoe, bulldozer, excavator, forklift, front-end loader, grader, motor vehicle registered under an Australian road law as a special purpose vehicle (type p)
(b)  a motorhome.
(3)  For the purposes of this Law, a truck, or a combination including a truck, that has a machine or implement attached to it is a fatigue-regulated heavy vehicle
(a)  if the GVM of the truck or combination with the attached machine or implement is more than 12t; and
(b)  whether or not the truck or combination has been built or 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.
Example for the purposes of subsection (3)—
a truck to which a crane or drilling rig is attached
(4)  For the purposes of subsection (2)(b), a motorhome
(a)  is 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.
(5)  For the purposes of this section, the GVM of a combination is the total of the GVMs of the vehicles in the combination.
8   Meaning of road and road-related area
(1)  For the purposes of this Law, a road is an area that is open to or used by the public and is developed for, or has as 1 of its uses, the driving or riding of motor vehicles.
Examples of areas that are roads—
bridges, cattle grids, culverts, ferries, fords, railway crossings, tunnels or viaducts
(2)  For the purposes of this Law, a road-related area is—
(a)  an area that divides a road; or
(b)  a footpath, shared path or nature strip adjacent to a road; or
(c)  a shoulder of a road; or
(d)  a bicycle path or another area that is not a road and that is open to the public and designated for use by cyclists or animals; or
(e)  an area that is not a road and that is open to, or used by, the public for driving, riding or parking motor vehicles.
(3)  Also, an area is a road or road-related area for the purposes of this Law or a particular provision of this Law as applied in a participating jurisdiction, if the area is declared by a law of that jurisdiction to be a road or road-related area for the purposes of this Law or the particular provision.
(4)  In this section—
bicycle path means an area open to the public that is designated for, or has as 1 of its main uses, use by riders of bicycles.
footpath means an area open to the public that is designated for, or has as 1 of its main uses, use by pedestrians.
shared path means an area open to the public that is designated for, or has as 1 of its main uses, use by both the riders of bicycles and pedestrians.
shoulder, of a road—
(a)  includes any part of the road that is not designed to be used by motor vehicles in travelling along the road; and
(b)  includes—
(i)  for a kerbed road-any part of the kerb; and
(ii)  for a sealed road-any unsealed part of the road, and any sealed part of the road outside an edge line on the road; but
(c)  does not include a bicycle path, footpath or shared path.
9   Meaning of convicts and convicted of an offence
(1)  For the purposes of this Law, a court convicts a person of an offence if the court finds the person guilty, or accepts the person’s plea of guilty, for the offence whether or not a conviction is recorded.
(2)  For the purposes of this Law, a person is convicted of an offence if a court convicts the person of the offence.
10   Interpretation generally
Schedule 1 applies in relation to this Law.
11   References to laws includes references to instruments made under laws
(1)  In this Law, a reference (either generally or specifically) to a law or a provision of a law (including this Law) includes a reference to—
(a)  each instrument (including a regulation) made or in force under the law or provision; and
(b)  each instrument made or in force under any such instrument.
(2)  In this section—
law means a law of the Commonwealth or a State or Territory.
12   References to this Law as applied in a participating jurisdiction
In this Law, a reference to this Law as applied by an Act of a participating jurisdiction includes a reference to—
(a)  a law that substantially corresponds to this Law enacted in a participating jurisdiction; and
(b)  a law prescribed by the national regulations for the purposes of paragraph (a)(iii) of the definition participating jurisdiction in section 5, enacted in a participating jurisdiction.
13   References to road
A reference in this Law to a road includes a reference to a road-related area, unless a contrary intention appears in this Law.
14   References to particular ADR versions
A reference in this Law to an ADR followed by a number is a reference to—
(a)  if the reference is to a second edition ADR—the ADR of that number in the ‘Australian Design Rules for Motor Vehicle Safety, Second Edition’; or
(b)  otherwise—the ADR of that number referenced in the relevant standard.
s 14: Rep 2016 No 65, sec 8. Ins 2019 No 29, sec 5.
15   References to categories of heavy vehicles
If a provision of this Law provides for the exemption, authorisation, prescription or description of a category of heavy vehicles, heavy vehicles may, without limitation, be categorised for the purposes of the provision as being of any stated class, including, for example—
(a)  a class of heavy vehicles used for a particular task; and
(b)  a class of heavy vehicles used by particular persons or a particular class of persons; and
(c)  a class of heavy vehicles with a particular configuration.
Part 1.3 Application and operation of Law
16   Extraterritorial operation of Law
It is the intention of the Parliament of this jurisdiction that the operation of this Law is, as far as possible, to include operation in relation to the following—
(a)  things situated in or outside the territorial limits of this jurisdiction;
(b)  acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;
(c)  things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.
17   Law binds the State
(1)  This Law binds the State.
(2)  No criminal liability attaches to the State itself (as distinct from its agents, instrumentalities, officers and employees) under this Law.
18   Relationship with primary work health and safety laws
(1)  If a provision of this Law and a provision of the primary WHS Law deal with the same thing, and it is possible to comply with both provisions, a person must comply with both provisions.
(1A)  However, to the extent it is not possible for the person to comply with both provisions, the person must comply with the provision of the primary WHS Law.
(2)  Evidence of a relevant contravention of this Law is admissible in any proceeding for an offence against the primary WHS Law.
(3)  Compliance with this Law, or with any requirement imposed under this Law, is not, in itself, evidence that a person has complied with the primary WHS Law or any regulations made under that Law or with a common law duty of care.
(3A)  If an act, omission or circumstances constitute an offence under this Law and the primary WHS Law, the offender is not liable to be punished twice for the act, omission or circumstances.
(4)  In this section—
primary WHS Law, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the primary WHS Law for the purposes of this Law.
Note—
‘WHS’ stands for workplace health and safety.
s 18: Am 2016 No 65, sec 9.
Part 1.4 Performance based standards
19   Main purpose of this Part
(1)  The main purposes of this Part and other associated provisions of this Law are to enable PBS vehicles that meet a particular performance level to operate (unless otherwise specified by the responsible Minister) on roads that are authorised to be used by PBS vehicles that meet or exceed that performance level.
(2)  It is intended that authorisations or exemptions can be granted under this Law for PBS vehicles.
20   Notification to road authority of PBS design approval
The Regulator must, as soon as practicable, notify the road authority for this jurisdiction, in writing, of a PBS design approval, together with a description of the significant features of the design to which the approval relates.
21   Notification by responsible Minister of non-application or restricted application of PBS design approval
(1)  The responsible Minister for this jurisdiction may notify the Regulator in writing that any heavy vehicle built to a design that is the subject of a PBS design approval—
(a)  is not to be permitted to operate in this jurisdiction; or
(b)  is only to be permitted to operate in this jurisdiction subject to stated conditions.
(2)  A notice under this section can not be about—
(a)  a particular person; or
(b)  a particular heavy vehicle.
(3)  A notice under this section is not valid for the purposes of this Law if it does not set out reasons for why it has been issued.
(4)  On receiving a notice under this section, the Regulator must give a copy of the notice to the person who was given the PBS design approval.
(5)  On receiving a notice under this section, the Regulator must accordingly impose on the PBS design approval—
(a)  a condition giving effect to subsection (1)(a); or
(b)  the stated conditions referred to in subsection (1)(b).
22   Application for PBS design approval
(1)  An application for a PBS design approval for the design of a type of heavy vehicle may be made to the Regulator.
(2)  In assessing the application, the Regulator must have regard to—
(a)  the approved guidelines relevant to the grant of PBS design approvals; and
(b)  any performance based standards and assessment rules prescribed in the national regulations for the purposes of this paragraph; and
(c)  the advice of the PBS Review Panel in relation to the application.
(3)  Having assessed the application, the Regulator must approve or reject the application.
(4)  The Regulator may approve the application subject to any condition the Regulator considers appropriate.
(5)  The PBS design approval must state the conditions (if any) to which it is subject under subsection (4) or section 21(5).
23   Application for PBS vehicle approval
(1)  An application for a PBS vehicle approval for a heavy vehicle may be made to the Regulator.
(2)  In assessing the application, the Regulator must have regard to—
(a)  the approved guidelines relevant to the grant of PBS vehicle approvals; and
(b)  any vehicle certification rules prescribed in the national regulations for the purposes of this paragraph; and
(c)  the advice of the PBS Review Panel in relation to the application.
(3)  Having assessed the application, the Regulator must approve or reject the application.
(4)  The Regulator may approve the application subject to conditions included in the PBS design approval to which the heavy vehicle is built.
(5)  The PBS vehicle approval must state the conditions (if any) to which—
(a)  the PBS vehicle approval is subject under subsection (4); and
(b)  the relevant PBS design approval is subject under section 21(5).
(5A)  The PBS vehicle approval must state the performance level for the approval.
(6)  A PBS vehicle approval can not be given for a class 1 heavy vehicle.
s 23: Am 2018 No 18, sec 7.
24   Exemption from stated vehicle standards
(1)  A PBS vehicle approval for a heavy vehicle may provide that the vehicle is exempt from stated vehicle standards.
(2)  Subsection (1) applies only to vehicle standards of a kind prescribed by the national regulations for the purposes of this section.
Note—
See section 60(6).
25   Authorisation of different mass or dimension requirement
(1)  A PBS vehicle approval for a heavy vehicle may provide that the vehicle is authorised to have a mass limit that exceeds a limit that would otherwise apply to the vehicle under a prescribed mass requirement.
Note—
See section 96(4).
(2)  A PBS vehicle approval for a heavy vehicle may provide that the vehicle is authorised to have a dimension that exceeds a dimension limit that would otherwise apply to the vehicle under a prescribed dimension requirement.
Note—
See section 102(4).
25A   Keeping copy of PBS vehicle approval while driving
(1)  The driver of a PBS vehicle must keep a copy of the PBS vehicle approval in the driver’s possession while driving the PBS vehicle.
Maximum penalty—$3000.
(2)  Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(3)  In this section—
relevant party, for the driver of a PBS vehicle, means—
(a)  an employer of the driver if the driver is an employed driver; or
(b)  a prime contractor of the driver if the driver is a self-employed driver; or
(c)  an operator of the vehicle if the driver is making a journey for the operator.
s 25A: Ins 2018 No 18, sec 8.
26   National regulations
The national regulations may provide for—
(a)  the procedures for determining an application for a PBS design approval or a PBS vehicle approval, including, for example, providing for the time for making a decision on the application, the fee for the application and forms relating to the application; and
(b)  the procedures for cancelling or modifying a PBS design approval or PBS vehicle approval; and
(c)  performance based standards, and assessment and certification rules, relating to PBS design approvals or PBS vehicle approvals; and
(d)  the appointment, functions and management of persons as PBS assessors and PBS vehicle certifiers.
Chapter 1A Safety duties
ch 1A: Ins 2016 No 65, sec 10.
pt 1A.1 (ss 26A, 26B): Ins 2016 No 65, sec 10.
Part 1A.1 Principles
26A   Principle of shared responsibility
(1)  The safety of transport activities relating to a heavy vehicle is the shared responsibility of each party in the chain of responsibility for the vehicle.
(2)  The level and nature of a party’s responsibility for a transport activity depends on—
(a)  the functions the person performs or is required to perform, whether exclusively or occasionally, rather than—
(i)  the person’s job title; or
(ii)  the person’s functions described in a written contract; and
(b)  the nature of the public risk created by the carrying out of the transport activity; and
(c)  the party’s capacity to control, eliminate or minimise the risk.
pt 1A.1 (ss 26A, 26B): Ins 2016 No 65, sec 10.
pt 1A.2: Ins 2016 No 65, sec 10.
26B   Principles applying to duties
(1)  A person may have more than 1 duty because of the functions the person performs or is required to perform.
(2)  More than 1 person can concurrently have a duty under this Law and each duty holder must comply with that duty to the standard required by this Law even if another duty holder has the same duty.
(3)  If more than 1 person has a duty for the same matter, each person—
(a)  retains responsibility for the person’s duty in relation to the matter; and
(b)  must discharge the person’s duty to the extent to which the person—
(i)  has the capacity to influence and control the matter; or
(ii)  would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.
(4)  A duty under this Law may not be transferred to another person.
pt 1A.1 (ss 26A, 26B): Ins 2016 No 65, sec 10.
Part 1A.2 Nature of duty
26C   Primary duty
(1)  Each party in the chain of responsibility for a heavy vehicle must ensure, so far as is reasonably practicable, the safety of the party’s transport activities relating to the vehicle.
(2)  Without limiting subsection (1), each party must, so far as is reasonably practicable—
(a)  eliminate public risks and, to the extent it is not reasonably practicable to eliminate public risks, minimise the public risks; and
(b)  ensure the party’s conduct does not directly or indirectly cause or encourage—
(i)  the driver of the heavy vehicle to contravene this Law; or
(ii)  the driver of the heavy vehicle to exceed a speed limit applying to the driver; or
(iii)  another person, including another party in the chain of responsibility, to contravene this Law.
(3)  For subsection (2)(b), the party’s conduct includes, for example—
(a)  the party asking, directing or requiring another person to do, or not do, something; and
(b)  the party entering into a contract—
(i)  with another person for the other person to do, or not do, something; or
(ii)  that purports to annul, exclude, restrict or otherwise change the effect of this Law.
s 26C: Ins 2016 No 65, sec 10.
26D   Duty of executive of legal entity
(1)  If a legal entity has a safety duty, an executive of the legal entity must exercise due diligence to ensure the legal entity complies with the safety duty.
Maximum penalty—the penalty for a contravention of the provision by an individual.
(2)  The executive may be convicted of an offence against subsection (1) even if the legal entity has not been proceeded against for, or convicted of, an offence relating to the safety duty.
(2A)  Subsection (1) does not apply to an executive of the legal entity acting on a voluntary basis, whether or not the executive is reimbursed for the expenses incurred by the executive for carrying out activities for the legal entity.
(3)  In this section—
due diligence includes taking reasonable steps—
(a)  to acquire, and keep up to date, knowledge about the safe conduct of transport activities; and
(b)  to gain an understanding of—
(i)  the nature of the legal entity’s transport activities; and
(ii)  the hazards and risks, including the public risk, associated with those activities; and
(c)  to ensure the legal entity has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and
(d)  to ensure the legal entity has, and implements, processes—
(i)  to eliminate or minimise those hazards and risks; and
(ii)  for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and
(iii)  for complying with the legal entity’s safety duties; and
(e)  to verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, used and implemented.
executive, of a legal entity, means—
(a)  for a corporation—an executive officer of the corporation; or
(b)  for an unincorporated partnership—a partner in the partnership; or
(c)  for an unincorporated body—a management member of the body.
legal entity means—
(a)  a corporation; or
(b)  an unincorporated partnership; or
(c)  an unincorporated body.
s 26D: Ins 2016 No 65, sec 10. Am 2018 No 10, sec 16; 2018 No 18, sec 9.
26E   Prohibited requests and contracts
(1)  A person must not ask, direct or require (directly or indirectly) the driver of a heavy vehicle or a party in the chain of responsibility to do or not do something the person knows, or ought reasonably to know, would have the effect of causing the driver—
(a)  to exceed a speed limit applying to the driver; or
(b)  to drive a fatigue-regulated heavy vehicle while impaired by fatigue; or
(c)  to drive a fatigue-regulated heavy vehicle while in breach of the driver’s work and rest hours option; or
(d)  to drive a fatigue-regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option.
Maximum penalty—$10000.
(2)  A person must not enter into a contract with the driver of a heavy vehicle or a party in the chain of responsibility that the person knows, or ought reasonably to know, would have the effect of causing the driver, or would encourage the driver, or would encourage a party in the chain of responsibility to cause the driver—
(a)  to exceed a speed limit applying to the driver; or
(b)  to drive a fatigue-regulated heavy vehicle while impaired by fatigue; or
(c)  to drive a fatigue-regulated heavy vehicle while in breach of the driver’s work and rest hours option; or
(d)  to drive a fatigue-regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option.
Maximum penalty—$10000.
Note—
See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.
s 26E: Ins 2016 No 65, sec 10.
pt 1A.3 (ss 26F–26H): Ins 2016 No 65, sec 10.
Part 1A.3 Failing to comply with duty
26F   Category 1 offence
(1)  A person commits an offence if—
(a)  the person has a duty under section 26C; and
(b)  the person, without a reasonable excuse, engages in conduct related to the duty that exposes an individual to a risk of death or serious injury or illness; and
(c)  the person is reckless as to the risk.
Maximum penalty—
(a)  if an individual commits the offence—$300000 or 5 years imprisonment or both; or
(b)  if a corporation commits the offence—$3000000.
(2)  The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.
pt 1A.3 (ss 26F–26H): Ins 2016 No 65, sec 10.
pt 1A.4 (ss 26I, 26J): Ins 2018 (354), Sch 1 [2].
26G   Category 2 offence
A person commits an offence if—
(a)  the person has a duty under section 26C; and
(b)  the person contravenes the duty; and
(c)  the person’s contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness.
Maximum penalty—
(a)  if an individual commits the offence—$150000; or
(b)  if a corporation commits the offence—$1500000.
pt 1A.3 (ss 26F–26H): Ins 2016 No 65, sec 10.
26H   Category 3 offence
A person commits an offence if—
(a)  the person has a duty under section 26C; and
(b)  the person contravenes the duty.
Maximum penalty—
(a)  if an individual commits the offence—$50000; or
(b)  if a corporation commits the offence—$500000.
pt 1A.3 (ss 26F–26H): Ins 2016 No 65, sec 10.
Part 1A.4 Exemptions
26I   Exemptions for emergency services [NSW]
(1)  A person who is an officer, member or member of staff of an emergency service is exempt from section 26C, but only—
(a)  in so far as the offending relates to speed or fatigue; and
(b)  in relation to the driving of a heavy vehicle—in the course of undertaking work for an emergency service.
(2)  The exemption provided by this section is in addition to, and does not limit the effect of, the exemption provided by section 265A.
(3)  An emergency service is any of the following—
(a)  the NSW State Emergency Service established under the State Emergency Service Act 1989 of New South Wales;
(b)  Fire and Rescue NSW and any permanent fire brigade or volunteer fire brigade within the meaning of the Fire Brigades Act 1989 of New South Wales;
(c)  the NSW Rural Fire Service established by the Rural Fires Act 1997 of New South Wales;
(d)  the Ambulance Service of NSW within the meaning of the Health Services Act 1997 of New South Wales;
(e)  the NSW Police Force established by the Police Act 1990 of New South Wales;
(f)  the New South Wales Volunteer Rescue Association Inc;
(g)  a government agency of another jurisdiction, or a body authorised under the law of another jurisdiction, that has corresponding functions to the bodies referred to in any of the above paragraphs.
Note—
This section is inserted for New South Wales.
pt 1A.4 (ss 26I, 26J): Ins 2018 (354), Sch 1 [2].
26J   Exemptions for hire vehicles and buses [NSW]
(1)  A person is exempt from sections 26C and 26E (1) (a) and (2) (a) in relation to the driving of a heavy vehicle that is a hire vehicle or a bus, but only in so far as the offending relates to speed or fatigue.
(2)  However, a person is not exempted by subsection (1) in so far as the duty relates to—
(a)  an employer or prime contractor ensuring (so far as is reasonably practicable) that the employer’s or contractor’s business practices will not cause the driver of a vehicle to exceed a speed limit applying to the driver; or
(b)  an employer or prime contractor being reasonably satisfied that each scheduler for the vehicle has complied with its duty under section 26C to ensure that a schedule will not cause a driver to—
(i)  exceed a speed limit applying to the driver; or
(ii)  breach the work rest times applying to the driver; or
(c)  any party in the chain of responsibility preventing a driver from driving when fatigued.
(3)  Subsection (1) does not apply to the driving of a bus for the purpose of providing a public passenger service.
Note—
Persons carrying on public passenger services by means of a bus are required to be accredited under the Passenger Transport Act 1990 of New South Wales.
Note—
This section is inserted for New South Wales.
pt 1A.4 (ss 26I, 26J): Ins 2018 (354), Sch 1 [2].
Chapter 2
27–57  (Repealed)
ch 2 (ss 27–57): Am 2018 (354), Sch 1 [1]. Rep 2018 No 10, sec 17.
Chapter 3 Vehicle operations—standards and safety
Part 3.1 Preliminary
58   Main purpose of Ch 3
The main purpose of this Chapter is to ensure heavy vehicles used on roads are of a standard and in a condition that prevents or minimises safety risks.
Part 3.2 Compliance with heavy vehicle standards
Division 1 Requirements
59   Heavy vehicle standards
(1)  The national regulations may prescribe vehicle standards (heavy vehicle standards) with which heavy vehicles must comply to use roads.
(2)  Without limiting subsection (1), the heavy vehicle standards may include requirements applying to—
(a)  heavy vehicles; or
(b)  components of heavy vehicles, including component vehicles that are not heavy vehicles; or
(c)  equipment of heavy vehicles.
(3)  The national regulations may prescribe exemptions or different requirements for component vehicles that are not heavy vehicles.
60   Compliance with heavy vehicle standards
(1)  A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a heavy vehicle standard applying to the vehicle.
Maximum penalty—
(a)  $3000, except as provided in paragraph (b); or
(b)  $6000, for contravention of a heavy vehicle standard relating to a speed limiter.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  Subsection (1) does not apply to—
(a)  a heavy vehicle that—
(i)  is on a journey to a place for the repair of the vehicle, or any of its components or equipment, and is travelling on the most direct or convenient route to that place from the place where the journey began; and
Note for the purposes of subparagraph (i)—
The subparagraph does not operate to exempt a person from complying with the requirements of a vehicle defect notice applying to the vehicle.
(ii)  does not have any goods in it; and
(iii)  is used on a road in a way that does not pose a safety risk; or
(b)  a heavy vehicle that—
(i)  is on a road for testing or analysis of the vehicle, or any of its components or equipment, by an approved vehicle examiner for the purpose of checking its compliance with the heavy vehicle standards; and
(ii)  does not have any passengers in it; and
(iii)  does not have any goods in it, unless—
(A)  it has a quantity of goods that is necessary or appropriate for the conduct of the testing or analysis; and
(B)  without limiting subparagraph (iv), there are no reasonable grounds to believe the vehicle laden with those goods poses a significant safety risk; and
(iv)  is used on a road in a way that does not pose a safety risk.
(3)  A person does not commit an offence against subsection (1) in relation to a heavy vehicle’s noncompliance with a heavy vehicle standard if, and to the extent, the noncompliance relates to a noncompliance known to the registration authority for the heavy vehicle at the time the registration authority registered the vehicle under an Australian road law.
(4)  For the purposes of subsection (3), the registration authority is taken to have known of the heavy vehicle’s noncompliance with a heavy vehicle standard at the time the registration authority registered the vehicle if the noncompliance was mentioned in—
(a)  an operations plate that was installed on the vehicle at the time it was registered; or
(b)  a certificate of approved operations issued for the vehicle and in force at the time the vehicle was registered; or
(c)  a document obtained by the registration authority under an Australian road law in connection with the registering of the vehicle.
(5)  Subsection (3) applies only if the heavy vehicle, and its use on a road, complies with the conditions of the heavy vehicle’s registration under an Australian road law.
(6)  If a PBS vehicle is exempt from vehicle standards stated in its PBS vehicle approval but it complies with the other applicable vehicle standards, the vehicle is regarded for the purposes of this Law as complying with the vehicle standards applying to the vehicle.
Note—
See also section 81(4) to (6) for the effect of a vehicle standards exemption on compliance with subsection (1).
s 60: Am 2018 No 10, sec 18; 2018 (354), Sch 1 [1].
Division 2 Exemptions by Commonwealth Gazette notice
61   Regulator’s power to exempt category of heavy vehicles from compliance with heavy vehicle standard
(1)  The Regulator may, by Commonwealth Gazette notice complying with section 65, exempt, for a period of not more than 5 years, a category of heavy vehicles from the requirement to comply with a heavy vehicle standard.
(2)  An exemption under subsection (1) is a vehicle standards exemption (notice).
62   Restriction on grant of vehicle standards exemption (notice)
(1)  The Regulator may grant a vehicle standards exemption (notice) for a category of heavy vehicles only if—
(a)  1 of the following applies—
(i)  the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent heavy vehicles of that category from operating in the way in which, or for the purpose for which, the vehicles were built or modified;
(ii)  the Regulator is satisfied heavy vehicles of that category are experimental vehicles, prototypes or similar vehicles that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply;
(iii)  the exemption has been requested by a road authority for a participating jurisdiction for the use of heavy vehicles of that category in that jurisdiction;
(iv)  the category of heavy vehicles consists of heavy vehicles that, immediately before the commencement of this section in a participating jurisdiction, were not required to comply with a similar standard at that time and were—
(A)  registered under an Australian road law of that jurisdiction and not required to comply with a similar standard at that time; or
(B)  operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction;
(v)  the category of heavy vehicles consists of heavy vehicles referred to in the national regulations for the purposes of this subparagraph; and
(b)  the Regulator is satisfied the use of heavy vehicles of the category to which the exemption is to apply on a road under the exemption will not pose a significant safety risk.
(2)  In deciding whether to grant a vehicle standards exemption (notice), the Regulator must have regard to the approved guidelines for granting vehicle standards exemptions.
(3)  The national regulations may prescribe additional requirements or restrictions regarding the granting of a vehicle standards exemption (notice).
63   Conditions of vehicle standards exemption (notice)
A vehicle standards exemption (notice) may be subject to any conditions the Regulator considers appropriate, including, for example—
(a)  conditions about protecting road infrastructure from damage; and
(b)  a condition that the driver of a heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of—
(i)  the Commonwealth Gazette notice for the exemption; or
(ii)  an information sheet about the exemption published by the Regulator on the Regulator’s website.
64   Period for which vehicle standards exemption (notice) applies
A vehicle standards exemption (notice)—
(a)  takes effect—
(i)  when the Commonwealth Gazette notice for the exemption is published; or
(ii)  if a later time is stated in the Commonwealth Gazette notice, at the later time; and
(b)  applies for the period stated in the Commonwealth Gazette notice.
65   Requirements about Commonwealth Gazette notice
(1)  A Commonwealth Gazette notice for a vehicle standards exemption (notice) must state the following—
(a)  the category of heavy vehicles to which the exemption applies;
(b)  the heavy vehicle standard to which the exemption applies;
(c)  the conditions of the exemption;
(d)  the period for which the exemption applies.
(2)  The Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.
66   Amendment or cancellation of vehicle standards exemption (notice)
(1)  Each of the following is a ground for amending or cancelling a vehicle standards exemption (notice)—
(a)  the use of heavy vehicles on a road under the exemption has caused, or is likely to cause, a significant safety risk;
(b)  since the exemption was granted, there has been a change in circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.
(2)  If the Regulator considers a ground exists to amend or cancel a vehicle standards exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5).
(3)  The Regulator must publish a public notice—
(a)  stating that the Regulator believes a ground mentioned in subsection (1)(a) or (b) for amending or cancelling the exemption exists; and
(b)  outlining the facts and circumstances forming the basis for the belief; and
(c)  stating the action the Regulator is proposing to take under this section (the proposed action); and
(d)  inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.
(4)  If, after considering all written representations made under subsection (3)(d), the Regulator still considers a ground exists to take the proposed action, the Regulator may—
(a)  if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or
(b)  if the proposed action was to cancel the exemption—
(i)  amend the exemption, including, for example, by imposing additional conditions on the exemption; or
(ii)  cancel the exemption.
(5)  The Regulator must publish a public notice of the amendment or cancellation.
(6)  The amendment or cancellation takes effect—
(a)  28 days after the Commonwealth Gazette notice is published under subsection (5); or
(b)  if a later time is stated in the Commonwealth Gazette notice, at the later time.
s 66: Am 2016 No 65, sec 120.
67   Immediate suspension on Regulator’s initiative
(1)  This section applies if the Regulator considers it is necessary to suspend a vehicle standards exemption (notice) immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.
(2)  The Regulator may, by public notice, immediately suspend the exemption until the earliest of the following—
(a)  the end of 56 days after the day the public notice is published;
(b)  the Regulator publishes a notice under section 66(5) and the amendment or cancellation takes effect under section 66(6);
(c)  the Regulator cancels the suspension by public notice.
(3)    (Repealed)
(4)  The suspension, and (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3).
(5)  This section applies despite section 66.
s 67: Am 2016 No 65, sec 121.
Division 3 Exemptions by permit
68   Regulator’s power to exempt particular heavy vehicle from compliance with heavy vehicle standard
(1)  The Regulator may, by giving a person a permit as mentioned in section 73, exempt a heavy vehicle from compliance with a heavy vehicle standard for a period of not more than 3 years.
(2)  An exemption under subsection (1) is a vehicle standards exemption (permit).
(3)  A vehicle standards exemption (permit) may apply to 1 or more heavy vehicles.
69   Application for vehicle standards exemption (permit)
(1)  A person may apply to the Regulator for a vehicle standards exemption (permit).
(2)  The application must be—
(a)  in the approved form; and
(b)  accompanied by the prescribed fee for the application.
(3)  The Regulator may, by notice given to the applicant for a vehicle standards exemption (permit), require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.
70   Restriction on grant of vehicle standards exemption (permit)
(1)  The Regulator may grant a vehicle standards exemption (permit) for a heavy vehicle only if—
(a)  1 of the following applies—
(i)  the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent the heavy vehicle from operating in the way in which, or for the purpose for which, the vehicle was built or modified;
(ii)  the Regulator is satisfied the heavy vehicle is an experimental vehicle, prototype or similar vehicle that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply;
(iii)  the heavy vehicle, immediately before the commencement of this section in a participating jurisdiction, was not required to comply with a similar standard at that time and was—
(A)  registered under an Australian road law of that jurisdiction; or
(B)  operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction; and
(b)  the Regulator is satisfied the use of the heavy vehicle on a road under the exemption will not pose a significant safety risk.
(2)  In deciding whether to grant a vehicle standards exemption (permit), the Regulator must have regard to the approved guidelines for granting vehicle standards exemptions.
71   Conditions of vehicle standards exemption (permit)
A vehicle standards exemption (permit) may be subject to any conditions the Regulator considers appropriate, including, for example, a condition about protecting road infrastructure from damage.
72   Period for which vehicle standards exemption (permit) applies
(1)  A vehicle standards exemption (permit) applies for the period stated in the permit for the exemption.
(2)  The period may be less than the period sought by the applicant for the vehicle standards exemption (permit).
73   Permit for vehicle standards exemption (permit) etc.
(1)  If the Regulator grants a vehicle standards exemption (permit) to a person, the Regulator must give the person—
(a)  a permit for the exemption; and
(b)  if the Regulator’s decision to grant the exemption for a period or impose a condition on the exemption is a reviewable decision—a notice stating the review and appeal information for the decision.
Note—
Under section 641(6)(a), this notice must also state particular information about obtaining a statement of reasons for the decision.
(2)  A permit for a vehicle standards exemption (permit) must state the following—
(a)  the name of the person to whom the permit is given;
(b)  each heavy vehicle to which the exemption applies, including the registration number of the vehicle if known when the permit is given;
(c)  the heavy vehicle standard to which the exemption applies;
(d)  the conditions of the exemption;
(e)  the period for which the exemption applies.
s 73: Am 2019 No 29, sec 8.
74   Refusal of application for vehicle standards exemption (permit)
If the Regulator refuses an application for a vehicle standards exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.
75   Amendment or cancellation of vehicle standards exemption (permit) on application by permit holder
(1)  The holder of a permit for a vehicle standards exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.
(2)  The application must—
(a)  be in the approved form; and
(b)  be accompanied by the prescribed fee for the application; and
(c)  if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and
(d)  be accompanied by the permit.
(3)  The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.
(4)  The Regulator must decide the application as soon as practicable after receiving it.
(5)  If the Regulator decides to grant the application—
(a)  the Regulator must give the applicant notice of the decision; and
(b)  the amendment or cancellation takes effect—
(i)  when notice of the decision is given to the applicant; or
(ii)  if a later time is stated in the notice, at the later time; and
(c)  if the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.
(6)  If the Regulator decides not to amend or cancel the exemption as sought by the applicant, the Regulator must—
(a)  give the applicant an information notice for the decision; and
(b)  return the permit for the exemption to the applicant.
76   Amendment or cancellation of vehicle standards exemption (permit) on Regulator’s initiative
(1)  Each of the following is a ground for amending or cancelling a vehicle standards exemption (permit)—
(a)  the exemption was granted because of a document or representation that was—
(i)  false or misleading; or
(ii)  obtained or made in an improper way;
(b)  the holder of the permit for the exemption has contravened a condition of the exemption;
(c)  the use of a heavy vehicle on a road under the exemption has caused, or is likely to cause, a significant safety risk;
(d)  since the exemption was granted, there has been change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.
(2)  If the Regulator considers a ground exists to amend or cancel a vehicle standards exemption (permit) (the proposed action), the Regulator must give the holder of the permit for the exemption a notice—
(a)  stating the proposed action; and
(b)  stating the ground for the proposed action; and
(c)  outlining the facts and circumstances forming the basis for the ground; and
(d)  if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and
(e)  inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.
(3)  If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may—
(a)  if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or
(b)  if the proposed action was to cancel the exemption—
(i)  amend the exemption, including, for example, by imposing additional conditions on the exemption; or
(ii)  cancel the exemption.
(4)  The Regulator must give the holder an information notice for the decision to amend or cancel the exemption.
(5)  The amendment or cancellation takes effect—
(a)  when the information notice is given to the holder; or
(b)  if a later time is stated in the information notice, at the later time.
77   Immediate suspension on Regulator’s initiative
(1)  This section applies if the Regulator considers it is necessary to suspend a vehicle standards exemption (permit) immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.
(2)  The Regulator may, by notice (immediate suspension notice) given to the person to whom the permit was given, immediately suspend the exemption until the earliest of the following—
(a)  the Regulator gives the person an information notice under section 76(4) and the amendment or cancellation takes effect under section 76(5);
(b)  the Regulator cancels the suspension;
(c)  the end of 56 days after the day the immediate suspension notice is given to the person.
(3)  This section applies despite sections 75 and 76.
78   Minor amendment of vehicle standards exemption (permit)
The Regulator may, by notice given to the holder of a permit for a vehicle standards exemption (permit), amend the exemption in a minor respect—
(a)  for a formal or clerical reason; or
(b)  in another way that does not adversely affect the holder’s interests.
79   Return of permit
(1)  If a person’s vehicle standards exemption (permit) is amended or cancelled, the Regulator may, by notice, require the person to return the person’s permit for the exemption to the Regulator.
(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.
Maximum penalty—$4000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.
80   Replacement of defaced etc. permit
(1)  If a person’s permit for a vehicle standards exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit.
Maximum penalty—$4000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.
(3)  If the Regulator decides not to give the person a replacement permit, the Regulator must give the person an information notice for the decision.
(4)  Subsection (1) does not apply to a vehicle standards exemption (permit) for which an application to cancel the permit has been made and is pending determination.
Division 4 Operating under vehicle standards exemption
81   Contravening condition of vehicle standards exemption
(1)  A person must not contravene a condition of a vehicle standards exemption.
Maximum penalty—$4000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a vehicle standards exemption applying to the vehicle.
Maximum penalty—$4000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  A person must not use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way that contravenes a condition of a vehicle standards exemption applying to the vehicle.
Maximum penalty—$4000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(4)  A person does not commit an offence against this Law in relation to a heavy vehicle contravening a heavy vehicle standard if—
(a)  the heavy vehicle is exempt, under a vehicle standards exemption, from compliance with the heavy vehicle standard; and
(b)  the heavy vehicle, and its use on a road, complies with the conditions of the exemption.
(5)  However, if a person commits a condition offence in relation to the exemption—
(a)  the exemption does not operate in the person’s favour while the contravention constituting the offence continues; and
(b)  the exemption must be disregarded in deciding whether the person has committed an offence in relation to a contravention of a heavy vehicle standard applying to a heavy vehicle.
(6)  If, because of the operation of subsection (5), a person commits an offence against a provision of this Law (the other offence provision) in relation to a heavy vehicle standard to which the exemption applies, the person—
(a)  may be charged with the condition offence or an offence against the other offence provision; but
(b)  must not be charged with both offences.
(7)  Subsection (1) does not apply to a condition mentioned in section 82(1).
(8)  In this section—
condition offence means an offence against subsection (1), (2) or (3).
s 81: Am 2015 No 12, sec 67 and Sch.
82   Keeping relevant document while driving under vehicle standards exemption (notice)
(1)  This section applies if a vehicle standards exemption (notice) is subject to the condition that the driver of a heavy vehicle who is driving the vehicle under the exemption must keep a relevant document in the driver’s possession.
(2)  A driver of the heavy vehicle who is driving the vehicle under the vehicle standards exemption (notice) must comply with the condition.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(4)–(6)    (Repealed)
(7)  In this section—
relevant document, for a vehicle standards exemption (notice), means a copy of—
(a)  the Commonwealth Gazette notice for the exemption; or
(b)  an information sheet about the exemption published by the Regulator on the Regulator’s website.
relevant party, for the driver of a heavy vehicle, means—
(a)  an employer of the driver if the driver is an employed driver; or
(b)  a prime contractor of the driver if the driver is a self-employed driver; or
(c)  an operator of the vehicle if the driver is making a journey for the operator.
s 82: Am 2016 No 65, sec 13.
83   Keeping copy of permit while driving under vehicle standards exemption (permit)
(1)  The driver of a heavy vehicle who is driving the vehicle under a vehicle standards exemption (permit) must keep a copy of the permit for the exemption in the driver’s possession.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  If the driver of a heavy vehicle is driving the vehicle under a vehicle standards exemption (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1), the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver stops working for the relevant party.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(4)–(6)    (Repealed)
(7)  In this section—
relevant party, for the driver of a heavy vehicle, means—
(a)  an employer of the driver if the driver is an employed driver; or
(b)  a prime contractor of the driver if the driver is a self-employed driver; or
(c)  an operator of the vehicle if the driver is making a journey for the operator.
s 83: Am 2016 No 65, sec 14.
Part 3.3 Modifying heavy vehicles
84   Definition for Pt 3.3
In this Part—
modification, of a heavy vehicle, means—
(a)  the addition of a component to, or the removal of a component from, the vehicle; or
(b)  a change to the vehicle from the manufacturer’s specification for the vehicle;
but does not include a modification to the vehicle that has been approved under the Road Vehicle Standards Act 2018, item 16(2) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth or the Motor Vehicle Standards Act 1989 before the repeal of that Act.
s 84: Subst 2015 No 12, sec 5. Am 2019 No 29, sec 6.
85   Modifying heavy vehicle requires approval
(1)  A person must not modify a heavy vehicle unless the modification has been approved by—
(a)  an approved vehicle examiner under section 86; or
(b)  the Regulator under section 87.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  A person must not use, or permit to be used, on a road a heavy vehicle that has been modified unless the modification has been approved by—
(a)  an approved vehicle examiner under section 86; or
(b)  the Regulator under section 87.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  This section does not apply to a modification that complies with a code of practice prescribed by the national regulations for the purposes of this section, section 86 or 87 that expressly states that a modification of that type does not require approval.
(4)  A modification is taken to have been approved by an approved vehicle examiner under section 86 if—
(a)  the modification has been authorised under an Australian road law of a non-participating jurisdiction; and
(b)  a modification plate or label is fitted or affixed to a conspicuous part of the vehicle; and
(c)  the modification plate or label indicates that the modification complies with a code of practice prescribed by the national regulations for the purposes of section 86.
(5)  In this section—
authorised includes approved and permitted.
modification plate or label means a plate or label that is stamped, engraved or marked so as to display information that relates to a modification.
non-participating jurisdiction has the meaning given by section 221.
s 85: Am 2015 No 12, sec 6; 2019 No 29, sec 9.
86   Approval of modifications by approved vehicle examiners
(1)  An approved vehicle examiner may, if authorised to do so under the national regulations, approve a modification of a heavy vehicle if, and only if, the modification complies with a code of practice prescribed by the national regulations for the purposes of this section.
(2)  If an approved vehicle examiner approves a modification of a heavy vehicle, the examiner must—
(a)  give a certificate approving the modification, in the approved form, to—
(i)  the registered operator of the vehicle; or
(ii)  if there is no registered operator of the vehicle—an owner of the vehicle; and
(b)  ensure a plate or label that complies with subsection (3) is fitted or affixed to a conspicuous part of the vehicle.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  For the purposes of subsection (2)(b), a plate or label complies with this subsection if—
(a)  it is of a type approved by the Regulator; and
(b)  it is stamped, engraved or marked so as to display information that relates to the modification and that is—
(i)  approved by the Regulator; or
(ii)  prescribed by the national regulations for the purposes of this section.
87   Approval of modification by Regulator
(1)  The Regulator may approve a modification of a heavy vehicle if the Regulator is satisfied—
(a)  the use on a road of the modified vehicle will not pose a significant safety risk; and
(b)  as to either or both of the following (as relevant)—
(i)  the modified vehicle will comply with applicable noise and emission standards prescribed by national regulations, except as provided by subparagraph (ii);
(ii)  the Regulator has exempted the modified vehicle from a noise or emission standard referred to in subparagraph (i) and the Regulator is satisfied that the modified vehicle complies with the requirements of the exemption.
(2)  Subsection (1) applies whether or not the modification complies with a code of practice prescribed by the national regulations prescribed for the purposes of this section.
(3)  If the Regulator approves a modification of a heavy vehicle, the Regulator must—
(a)  give a certificate approving the modification, in the approved form, to—
(i)  the registered operator of the vehicle; or
(ii)  if there is no registered operator of the vehicle—an owner of the vehicle; and
(b)  ensure a plate or label that complies with subsection (4) is fitted or affixed to a conspicuous part of the vehicle.
(4)  For the purposes of subsection (3)(b), a plate or label complies with this subsection if—
(a)  it is of a type approved by the Regulator; and
(b)  it is stamped, engraved or marked so as to display information that relates to the modification and that is—
(i)  approved by the Regulator; or
(ii)  prescribed by the national regulations for the purposes of this section.
87A   Person must not tamper with plate or label
(1)  A person must not tamper with a plate or label fitted or affixed to a heavy vehicle under section 86(2) or 87(3).
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  In a proceeding for an offence against subsection (1), it is a defence for the person to prove that the tampering was done with the written approval of the Regulator.
(3)  In this section—
tamper means alter, damage, remove or otherwise interfere with.
s 87A: Ins 2015 No 12, sec 7.
88   National regulations for heavy vehicle modification
The national regulations may provide for any matter relating to the modification of heavy vehicles.
Part 3.4 Other offences
89   Safety requirement
(1)  A person must not use, or permit to be used, on a road a heavy vehicle that is unsafe.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  For the purposes of subsection (1), a heavy vehicle is unsafe only if the condition of the vehicle, or any of its components or equipment—
(a)  makes the use of the vehicle unsafe; or
(b)  endangers public safety.
(3)  Subsection (1) does not apply to a heavy vehicle for which a vehicle defect notice is in force and that is being moved in accordance with the terms of the notice.
90   Requirement about properly operating emission control system
(1)  A person must not use, or permit to be used, on a road a heavy vehicle that is not fitted with an emission control system for each relevant emission if and as required by an applicable heavy vehicle standard.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  A person must not use, or permit to be used, on a road a heavy vehicle fitted with an emission control system that is not operating in accordance with the manufacturer’s design.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  A person must not use, or permit to be used, on a road a heavy vehicle fitted with an emission control system if the operation of the system results in a failure to comply with an applicable heavy vehicle standard (whether in relation to the vehicle or in relation to the system).
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(4)  Subsections (2) and (3) do not apply to a heavy vehicle that—
(a)  is on a journey to a place for the repair of the emission control system or any of the vehicle’s components or equipment that affect the operation of the emission control system; and
(b)  is travelling on the most direct or convenient route to that place from the place where the journey began.
(5)  The national regulations may prescribe testing standards for relevant emissions from heavy vehicles.
(6)  In this section—
emission control system means a device or system fitted to a heavy vehicle that reduces the emission of a relevant emission from the vehicle.
91   Person must not tamper with emission control system fitted to heavy vehicle
(1)  A person must not tamper with an emission control system fitted to a heavy vehicle.
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  An operator of a heavy vehicle must not use or permit the vehicle to be used on a road if the vehicle is fitted with an emission control system that the operator knows or ought reasonably to know has been tampered with in contravention of subsection (1).
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  Subsection (1) does not apply to—
(a)  conduct associated with repairing a malfunctioning emission control system or maintaining an emission control system; or
(b)  an authorised officer when exercising functions under this Law.
(4)  Subsection (2) does not apply to a heavy vehicle that—
(a)  is on a journey to a place for the repair of the emission control system or any of the vehicle’s components or equipment that affect the operation of the emission control system; and
(b)  is travelling on the most direct or convenient route to that place from the place where the journey began.
(5), (6)    (Repealed)
(7)  In this section—
emission control system means a device or system fitted to a heavy vehicle that reduces the emission of a relevant emission from the vehicle.
tamper, with an emission control system fitted to a heavy vehicle, means alter, damage, remove, override or otherwise interfere with—
(a)  the system in a way that renders the system totally ineffective or less effective than as provided by an applicable heavy vehicle standard or (in the absence of an applicable heavy vehicle standard) as designed; or
(b)  the vehicle or any component of the vehicle in a way that renders the system totally ineffective or less effective than as provided by an applicable heavy vehicle standard or (in the absence of an applicable heavy vehicle standard) as designed.
s 91: Am 2016 No 65, sec 15.
92   Display of warning signs required by heavy vehicle standards on vehicles to which the requirement does not apply
(1)  This section applies if, under the heavy vehicle standards, a warning sign is required to be displayed on a heavy vehicle of a particular type, size or configuration.
(2)  A person must not use, or permit to be used, on a road a heavy vehicle that has the warning sign displayed on it unless the vehicle is of the particular type, size or configuration.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  In this section—
warning sign means a sign indicating that the vehicle to which it is attached is of a particular type, size or configuration.
Example of warning sign—
A sign (consisting of 1 or more parts) showing the words ‘LONG VEHICLE’ or ‘ROAD TRAIN’.
93   Person must not tamper with speed limiter fitted to heavy vehicle
(1)  A person must not tamper with a speed limiter that is required under an Australian road law or by order of an Australian court to be, and is, fitted to a heavy vehicle.
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  A person must not fit, or direct the fitting of, a speed limiter to a heavy vehicle in circumstances where the person knows or ought reasonably to know that the speed limiter has been tampered with in such a way that, had it been fitted to the vehicle at the time of the tampering, an offence would have been committed against subsection (1).
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  An operator of a heavy vehicle must not use or permit the vehicle to be used on a road if the operator knows, or ought reasonably to know, that a speed limiter fitted to the vehicle, as required under an Australian road law or by order of an Australian court, has been tampered with in contravention of subsection (1) or fitted to the vehicle in contravention of subsection (2).
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(4)  Subsections (1) and (2) do not apply to—
(a)  conduct associated with repairing a malfunctioning speed limiter or maintaining a speed limiter; or
(b)  an authorised officer when exercising functions under this Law.
(5)  Subsection (3) does not apply to a heavy vehicle that—
(a)  is on a journey to a place for the repair of the speed limiter or any of the vehicle’s components or equipment that affect the operation of the speed limiter; and
(b)  is travelling on the most direct or convenient route to that place from the place where the journey began.
(6)  Subsection (3) applies whether or not a person has been proceeded against or found guilty of an offence against subsection (1) or (2) in relation to the tampering.
(7), (8)    (Repealed)
(8A)  Nothing in this section limits the application of Part 6.2 (Speed limiting of heavy vehicles) of the Road Transport Act 2013 of New South Wales to a heavy vehicle to which that Part applies.
Note—
This subsection is inserted for New South Wales. Part 6.2 of the Road Transport Act 2013 of New South Wales provides that the responsible person for a vehicle to which that Part applies is guilty of an offence unless the vehicle is speed limiter compliant (within the meaning of that Part) when the vehicle is being driven on a road.
(9)  In this section—
speed limiter means a device or system that is used to limit the maximum road speed of a heavy vehicle to which it is fitted and that complies with any applicable heavy vehicle standard.
tamper, with a speed limiter fitted to a heavy vehicle, means alter, damage, remove, override or otherwise interfere with the speed limiter in a way that—
(a)  enables the vehicle to be driven at a speed higher than the speed permitted by an applicable heavy vehicle standard; or
(b)  alters, or may alter, any information recorded by the speed limiter; or
(c)  results, or may result, in the speed limiter recording inaccurate information.
s 93: Am 2016 No 65, sec 16.
93A   Monitoring of heavy vehicles and vehicles carrying dangerous goods [NSW]
(1)  Part 6.1 of the Road Transport Act 2013 of New South Wales makes provision for the monitoring of the journeys on roads of certain heavy vehicles with GVMs or GCMs exceeding 13.9 tonnes and vehicles carrying dangerous goods.
(2)  The requirements of that Part are in addition to, and do not limit the effect of, any other provisions of this Law concerning the use of monitoring devices or equipment (such as intelligent transport systems) and the keeping of journey documentation or other records for a heavy vehicle.
Note—
This section is inserted for New South Wales.
Chapter 4 Vehicle operations—mass, dimension and loading
Part 4.1 Preliminary
94   Main purposes of Ch 4
(1)  The main purposes of this Chapter are—
(a)  to improve public safety by decreasing risks to public safety caused by excessively loaded or excessively large heavy vehicles; and
(b)  to minimise any adverse impact of excessively loaded or excessively large heavy vehicles on road infrastructure or public amenity.
(2)  The purposes are achieved by—
(a)  imposing mass requirements for heavy vehicles, particular components of heavy vehicles, and loads on heavy vehicles; and
(b)  imposing dimension requirements on heavy vehicles including on the vehicles (together with equipment), components or loads; and
(c)  imposing requirements about securing loads on heavy vehicles; and
(d)  restricting access to roads by heavy vehicles of a particular mass, size or configuration even if the vehicles comply with the mass requirements, dimension requirements and other requirements mentioned in paragraphs (a) to (c).
(3)  However, this Chapter recognises that the use of particular heavy vehicles that do not comply with the mass requirements, dimension requirements and other requirements mentioned in subsection (2)(a) to (c) may be permitted on roads in particular circumstances and subject to particular conditions—
(a)  to allow for—
(i)  the efficient road transport of goods or passengers by heavy vehicles; or
(ii)  the efficient use of large heavy vehicles that are transporting neither goods nor passengers and need to use roads for special uses; and
(b)  without compromising the achievement of the purposes.
s 94: Am 2015 No 12, sec 8.
Part 4.2 Mass requirements
Division 1 Requirements
95   Prescribed mass requirements
(1)  The national regulations may prescribe requirements (the prescribed mass requirements) about the following—
(a)  the mass of heavy vehicles;
(b)  the mass of components of heavy vehicles.
(2)  Without limiting subsection (1), the prescribed mass requirements may include the following—
(a)  requirements about mass limits relating to—
(i)  the tare mass of heavy vehicles; or
(ii)  the mass of heavy vehicles together with their loads; or
(iii)  the mass on tyres, axles or axle groups of heavy vehicles;
(b)  requirements about mass limits relating to axle spacing;
(c)  general mass limits applying to heavy vehicles or components of heavy vehicles.
(3)  Also, without limiting subsection (1) or (2), the prescribed mass requirements may—
(a)  include mass limits that are to apply only to particular areas or routes; and
(b)  authorise or require the Regulator to decide the areas or routes to which the mass limits are to apply.
(4)  The national regulations may prescribe requirements (that are not prescribed mass requirements) about the use on roads of heavy vehicles under particular mass limits, including, for example—
(a)  a requirement that drivers of heavy vehicles using the vehicles under mass limits applying only to particular areas or routes decided by the Regulator must comply with conditions on the use of heavy vehicles on roads under the mass limits imposed by the Regulator (including conditions required by road managers for the roads); and
(b)  a requirement that drivers of heavy vehicles who are driving the vehicles under particular mass limits must carry particular documents; and
(c)  a requirement that a particular document or other thing must be displayed on heavy vehicles used under particular mass limits.
(5)  In this section—
tare mass, of a heavy vehicle, means the mass of the vehicle that—
(a)  is ready for service; and
(b)  is fitted with all standard equipment, together with any options that are fitted; and
(c)  is unoccupied and unladen; and
(d)  has all fluid reservoirs (other than for fuel) filled to nominal capacity; and
(e)  has 10 litres of fuel in the fuel reservoir or reservoirs (but excluding any loaded fuel in excess of 10 litres).
s 95: Am 2018 No 18, sec 10.
96   Compliance with mass requirements
(1)  A person who drives, or permits another person to drive, a heavy vehicle on a road must ensure the vehicle, and the vehicle’s components and load, comply with the mass requirements applying to the vehicle, unless the person has a reasonable excuse.
Maximum penalty—
(a)  for a minor risk breach—$4000; or
(b)  for a substantial risk breach—$6000; or
(c)  for a severe risk breach—$10000, plus an additional maximum $500 for every additional 1% over a 120% overload (but so that the additional maximum penalty does not exceed $20000).
Editorial note—
See also section 737 (Increase of penalty amounts).
(2), (3)    (Repealed)
(4)  If a PBS vehicle is authorised by its PBS vehicle approval to have a mass limit that exceeds a limit that would otherwise apply to the vehicle under a prescribed mass requirement, the authorised limit is taken to be the applicable limit, and the vehicle is regarded for the purposes of this Law as complying with the prescribed mass requirement.
(5)  This section does not apply to a specified PBS vehicle as defined in section 136(2).
Note—
If a specified PBS vehicle does not comply with the mass requirements applying to the vehicle, it would be a class 2 heavy vehicle and could be dealt with under section 137.
s 96: Am 2016 No 65, sec 17; 2018 No 18, sec 11.
Division 2 Categories of breaches of mass requirements
97   Definitions for Div 2
In this Division—
severe risk breach lower limit, for a particular mass requirement applying to a heavy vehicle, means a mass equalling 120% of the maximum mass (rounded up to the nearest 0.1t) permitted for the vehicle under that mass requirement.
substantial risk breach lower limit, for a particular mass requirement applying to a heavy vehicle, means the higher of the following—
(a)  a mass equalling 105% of the maximum mass (rounded up to the nearest 0.1t) permitted for the vehicle under that mass requirement;
(b)  0.5t.
98   Minor risk breach
A contravention of a mass requirement applying to a heavy vehicle is a minor risk breach if the subject matter of the contravention is less than the substantial risk breach lower limit for the requirement.
99   Substantial risk breach
A contravention of a mass requirement applying to a heavy vehicle is a substantial risk breach if the subject matter of the contravention is—
(a)  equal to or greater than the substantial risk breach lower limit for the requirement; and
(b)  less than the severe risk breach lower limit for the requirement.
100   Severe risk breach
A contravention of a mass requirement applying to a heavy vehicle is a severe risk breach if the subject matter of the contravention is equal to or greater than the severe risk breach lower limit for the requirement.
Part 4.3 Dimension requirements
Division 1 Requirements
101   Prescribed dimension requirements
(1)  The national regulations may prescribe requirements (the prescribed dimension requirements) about the following—
(a)  the dimensions of a heavy vehicle (together with its equipment);
(b)  the dimensions of a component of a heavy vehicle;
(c)  the dimensions of a heavy vehicle’s load.
(2)  Without limiting subsection (1), the prescribed dimension requirements may include requirements about the following—
(a)  the dimensions of a heavy vehicle (together with its equipment) disregarding its load;
(b)  the dimensions of a heavy vehicle together with its equipment and load;
(c)  the dimensions by which a heavy vehicle’s load projects from the vehicle;
(d)  the internal measurements of a heavy vehicle, including, for example—
(i)  the distance between components of the vehicle; and
(ii)  for a combination, the distance between—
(A)  the component vehicles of the combination; or
(B)  a component vehicle of the combination and a component of another component vehicle of the combination.
(3)  The national regulations may also prescribe requirements (that are not prescribed dimension requirements) about the use of a vehicle to which a dimension requirement applies, including, for example, requirements about the use of signs and warning devices.
102   Compliance with dimension requirements
(1)  A person who drives, or permits another person to drive, a heavy vehicle on a road must ensure the vehicle, and the vehicle’s components and load, comply with the dimension requirements applying to the vehicle, unless the person has a reasonable excuse.
Maximum penalty—
(a)  if the heavy vehicle does not have goods or passengers in it—$3000; or
(b)  if the heavy vehicle has goods or passengers in it—
(i)  for a minor risk breach—$3000; or
(ii)  for a substantial risk breach—$5000; or
(iii)  for a severe risk breach—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2), (3)    (Repealed)
(4)  If a PBS vehicle is authorised by its PBS vehicle approval to have a dimension that exceeds a dimension limit that would otherwise apply to the vehicle under a prescribed dimension requirement, the authorised dimension is taken to be the applicable dimension, and the vehicle is regarded for the purposes of this Law as complying with the prescribed dimension requirement.
s 102: Am 2016 No 65, sec 18.
Division 2 Categories of breaches of dimension requirements
103   Application of Div 2
This Division applies to a heavy vehicle only while it is carrying goods or passengers.
104   Definitions for Div 2
In this Division—
severe risk breach lower limit means—
(a)  for a particular dimension requirement applying to a heavy vehicle relating to its length—the length equalling the maximum length permitted for the vehicle under the dimension requirement plus 600mm; or
(b)  for a particular dimension requirement applying to a heavy vehicle relating to its width—the width equalling the maximum width permitted for the vehicle under the dimension requirement plus 80mm; or
(c)  for a particular dimension requirement applying to a heavy vehicle relating to its height—the height equalling the maximum height permitted for the vehicle under the dimension requirement plus 300mm; or
(d)  for a particular dimension requirement applying to a heavy vehicle relating to its load projection—the projection of the vehicle’s load equalling the maximum load projection permitted from any side of the vehicle under the dimension requirement plus 80mm.
substantial risk breach lower limit means—
(a)  for a particular dimension requirement applying to a heavy vehicle relating to its length—the length equalling the maximum length permitted for the vehicle under the dimension requirement plus 350mm; or
(b)  for a particular dimension requirement applying to a heavy vehicle relating to its width—the width equalling the maximum width permitted for the vehicle under the dimension requirement plus 40mm; or
(c)  for a particular dimension requirement applying to a heavy vehicle relating to its height—the height equalling the maximum height permitted for the vehicle under the dimension requirement plus 150mm; or
(d)  for a particular dimension requirement applying to a heavy vehicle relating to its load projection—the projection of the vehicle’s load equalling the maximum load projection permitted from any side of the vehicle under the dimension requirement plus 40mm.
105   Minor risk breach
A contravention of a dimension requirement applying to a heavy vehicle is a minor risk breach if—
(a)  the dimension requirement relates to the vehicle’s ground clearance; or
(b)  for a contravention of any other dimension requirement—the subject matter of the contravention is less than the substantial risk breach lower limit for the requirement.
Note—
See also section 108(2).
s 105: Am 2018 No 10, sec 19.
106   Substantial risk breach
(1)  A contravention of a dimension requirement applying to a heavy vehicle is a substantial risk breach if—
(a)  the subject matter of the contravention is—
(i)  equal to or greater than a substantial risk breach lower limit for the requirement; and
(ii)  less than the severe risk breach lower limit for the requirement; or
(b)  the requirement is a substantial risk breach of a dimension requirement under subsection (2) or (3).
(2)  A contravention of a dimension requirement applying to a heavy vehicle relating to its length is a substantial risk breach if—
(a)  the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and
(b)  either—
(i)  the rear of the vehicle’s load does not carry a sign or warning device required by the national regulations; or
(ii)  the vehicle’s load projects in a way that is dangerous to persons or property.
(3)  A contravention of a dimension requirement applying to a heavy vehicle relating to its width is a substantial risk breach if—
(a)  the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and
(b)  the contravention happens—
(i)  at night; or
(ii)  in hazardous weather conditions causing reduced visibility.
Note—
See also section 108(3).
107   Severe risk breach
(1)  A contravention of a dimension requirement applying to a heavy vehicle is a severe risk breach if—
(a)  the subject matter of the contravention is equal to or greater than the severe risk breach lower limit for the dimension requirement; or
(b)  the contravention is a severe risk breach of the dimension requirement under subsection (2) or (3).
(2)  A contravention of a dimension requirement applying to a heavy vehicle relating to its length is a severe risk breach if—
(a)  the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106(1)(a) if this subsection were not enacted; and
(b)  either—
(i)  the rear of the vehicle’s load does not carry a sign or warning device required by the national regulations; or
(ii)  the vehicle’s load projects from it in a way that is dangerous to persons or property.
(3)  A contravention of a dimension requirement applying to a heavy vehicle relating to its width is a severe risk breach if—
(a)  the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106(1)(a) if this subsection were not enacted; and
(b)  either—
(i)  the contravention happens—
(A)  at night; or
(B)  in hazardous weather conditions causing reduced visibility; or
(ii)  the vehicle’s load projects from it in a way that is dangerous to persons or property.
Division 3 Other provisions relating to load projections
108   Dangerous projections taken to be contravention of dimension requirement
(1)  This section applies if a heavy vehicle’s load projects in a way that is dangerous to persons or property even if all dimension requirements, and all warning and other requirements prescribed by the national regulations, are met.
(2)  The projection of the load is taken to be—
(a)  a contravention of a dimension requirement; and
(b)  a minor risk breach of that requirement unless subsection (3) applies.
(3)  The projection of the load is taken to be—
(a)  a contravention of a dimension requirement; and
(b)  a substantial risk breach of that requirement if the contravention happens—
(i)  at night; or
(ii)  in hazardous weather conditions causing reduced visibility.
109   Warning signals required for rear projection of loads
(1)  This section applies if—
(a)  a load projects more than 1.2m behind a heavy vehicle consisting of only a motor vehicle; or
(b)  a load projects more than 1.2m behind either the towing vehicle or a trailer in a heavy combination; or
(c)  a load projects from a pole-type trailer in a heavy combination; or
(d)  a load projects from a heavy vehicle in a way that it would not be readily visible to a person following immediately behind the vehicle.
(2)  A person must not use the heavy vehicle, or permit the heavy vehicle to be used, on a road unless—
(a)  during the daytime—a brightly coloured red, red and yellow, or yellow flag at least 300mm by 300mm is fixed to the extreme back of the load; or
(b)  at night—a light showing a clear red light to the back, visible at a distance of at least 200m, is fixed to the extreme back of the load.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
Part 4.4 Loading requirements
Division 1 Requirements
110   National regulations may prescribe loading requirements
(1)  The national regulations may prescribe requirements (the loading requirements) about securing a load on a heavy vehicle or a component of a heavy vehicle.
(2)  Without limiting subsection (1), the loading requirements may include requirements about the restraint or positioning of a load or any part of it on a motor vehicle or trailer.
111   Compliance with loading requirements
(1)  A person who drives, or permits another person to drive, a heavy vehicle on a road must ensure the vehicle, and the vehicle’s components and load, comply with the loading requirements applying to the vehicle, unless the person has a reasonable excuse.
Maximum penalty—
(a)  for a minor risk breach—$3000; or
(b)  for a substantial risk breach—$5000; or
(c)  for a severe risk breach—$10000.
(2), (3)    (Repealed)
s 111: Am 2016 No 65, sec 19.
Division 2 Categories of breaches of loading requirements
112   Minor risk breach
A contravention of a loading requirement applying to a heavy vehicle is a minor risk breach if—
(a)  the subject matter of the contravention does not involve a loss or shifting of the load; and
(b)  had the subject matter of the contravention involved a loss or shifting of the load, the loss or shifting of the load would not have been likely to have involved—
(i)  an appreciable safety risk; or
(ii)  an appreciable risk of—
(A)  damage to road infrastructure; or
(B)  causing an adverse effect on public amenity.
113   Substantial risk breach
(1)  A contravention of a loading requirement applying to a heavy vehicle is a substantial risk breach if the subject matter of the contravention involves a loss or shifting of the load that does not involve—
(a)  an appreciable safety risk; or
(b)  an appreciable risk of—
(i)  damage to road infrastructure; or
(ii)  causing an adverse effect on public amenity.
(2)  A contravention of a loading requirement applying to a heavy vehicle is also a substantial risk breach if—
(a)  the subject matter of the contravention does not involve a loss or shifting of the load; and
(b)  had the subject matter of the contravention involved a loss or shifting of the load, the loss or shifting of the load would have been likely to have involved—
(i)  an appreciable safety risk; or
(ii)  an appreciable risk of—
(A)  damage to road infrastructure; or
(B)  causing an adverse effect on public amenity.
114   Severe risk breach
A contravention of a loading requirement applying to a heavy vehicle is a severe risk breach if the subject matter of the contravention involves a loss or shifting of the vehicle’s load that involves—
(a)  an appreciable safety risk; or
(b)  an appreciable risk of—
(i)  damage to road infrastructure; or
(ii)  causing an adverse effect on public amenity.
Division 3 Evidentiary provision
115   Proof of contravention of loading requirement
(1)  In a proceeding for an offence against Division 1, the following is evidence that a load on a heavy vehicle was not placed, secured or restrained in compliance with a loading requirement applying to the vehicle—
(a)  evidence that the load was not placed, secured or restrained in a way that met a loading performance standard;
(b)  evidence that a load, or part of a load, has fallen off a heavy vehicle.
(2)  The national regulations may prescribe standards (the loading performance standards) for heavy vehicles.
s 115: Subst 2018 No 18, sec 12.
Part 4.5 Exemptions for particular overmass or oversize vehicles
Division 1 Preliminary
116   Class 1 heavy vehicles and class 3 heavy vehicles
(1)  A heavy vehicle is a class 1 heavy vehicle if it, together with its load, does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it, and—
(a)  it is a special purpose vehicle; or
(b)  it is an agricultural vehicle other than an agricultural trailer; or
Note—
See subsection (2) for agricultural trailers.
(c)  it—
(i)  is a heavy vehicle carrying, or designed for the purpose of carrying, a large indivisible item, including, for example, a combination including a low loader; but
(ii)  is not a road train or B-double, or carrying a freight container designed for multi-modal transport.
(2)  An agricultural trailer is a class 1 heavy vehicle, irrespective of whether it, together with its load, does or does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it.
(3)  A heavy vehicle is a class 3 heavy vehicle if—
(a)  it, together with its load, does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it; and
(b)  it is not a class 1 heavy vehicle.
(4)  In this section—
concrete pump means a vehicle with a component that can be used to transfer liquid concrete by pumping.
large indivisible item means an item that—
(a)  can not be divided without extreme effort, expense or risk of damage to it; and
(b)  can not be carried on any heavy vehicle without contravening a mass requirement or dimension requirement.
low loader means a trailer with a loading deck no more than 1m above the ground.
special purpose vehicle means—
(a)  a motor vehicle or trailer, other than an agricultural vehicle or a tow truck, built for a purpose other than transporting goods by road; or
(b)  a concrete pump or fire truck.
s 116: Am 2018 No 10, sec 20.
Division 2 Exemptions by Commonwealth Gazette notice
117   Regulator’s power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement
(1)  The Regulator may, by Commonwealth Gazette notice complying with section 121, exempt, for a period of not more than 5 years, a stated category of class 1 heavy vehicles or class 3 heavy vehicles from—
(a)  a prescribed mass requirement; or
(b)  a prescribed dimension requirement.
(2)  An exemption under subsection (1) is a mass or dimension exemption (notice).
Note—
See Division 3 of Part 4.7 in relation to amendment, suspension or cancellation of a mass or dimension exemption (notice).
118   Restriction on grant of mass or dimension exemption (notice)
(1)  The Regulator may grant a mass or dimension exemption (notice) for a category of heavy vehicles only if—
(a)  the Regulator is satisfied the use of heavy vehicles of that category on a road under the exemption will not pose a significant risk to public safety; and
(b)  each relevant road manager for the exemption has consented to the grant; and
(c)  the Regulator is satisfied all other consents required for the exemption under the law of the relevant jurisdiction have been obtained or given.
(2)  In deciding whether to grant a mass or dimension exemption (notice), the Regulator must have regard to the approved guidelines for granting mass or dimension exemptions.
119   Conditions of mass or dimension exemption (notice)
(1)  A mass or dimension exemption (notice)—
(a)  must include a condition about the areas or routes to which the exemption applies; and
(b)  is subject to conditions prescribed by the national regulations for the exemption; and
(c)  must be subject to the road conditions or travel conditions required for the exemption; and
(d)  may be subject to any other conditions the Regulator considers appropriate, including, for example—
(i)  conditions about 1 or more matters mentioned in Schedule 2; and
(ii)  without limiting subparagraph (i), intelligent access program conditions; and
(iii)  a condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of—
(A)  the Commonwealth Gazette notice for the exemption; or
(B)  an information sheet about the exemption published by the Regulator on the Regulator’s website.
(2)  Without limiting subsection (1)(a), the condition under the subsection about areas or routes may be imposed by—
(a)  applying by reference a stated map or stated list, not in the notice, prepared and published by the relevant road authority or the Regulator; and
(b)  referring to the areas or routes shown on the stated map or stated list.
(3)  Without limiting subsection (1)(c), road conditions or travel conditions under the subsection may be imposed by referring to road conditions or travel conditions shown on a stated map or stated list applied under subsection (2)(a).
(4)  If the notice applies a stated map or stated list—
(a)  the Regulator may amend the stated map or stated list prepared and published by it and the relevant road authority may amend the stated map or stated list prepared and published by it, but only by omitting, varying or extending—
(i)  the areas or routes mentioned in subsection (2)(b); or
(ii)  the road conditions or travel conditions mentioned in subsection (3);
including by adding additional areas, routes, road conditions or travel conditions; and
(b)  the Regulator must ensure a copy of the stated map or stated list as in force from time to time is—
(i)  made available for inspection, without charge, during normal business hours at each office of the Regulator; and
(ii)  published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website.
Note—
The Regulator must publish a stated map or stated list whether the Regulator or a relevant road authority originally prepared and published it as mentioned in subsection (2).
(5)  Despite subsection (4)(a), a road authority may only amend a map or list in a way that affects a particular road if—
(a)  the road authority is the road manager for the road; or
(b)  the road authority is not the road manager for the road and has been advised by the Regulator that the Regulator has obtained the consent of the road manager for the amendment.
(6)  Without limiting the conditions that may be prescribed under subsection (1)(b), the national regulations may—
(a)  prescribe conditions that are to apply only to particular areas or roads; and
(b)  authorise the Regulator to decide the areas or roads to which the conditions are to apply.
(7)  In this section—
relevant road authority, for a mass or dimension exemption (notice), means the road authority for the participating jurisdiction in which the road likely to be travelled under the exemption is situated.
road conditions means road conditions required by the relevant road manager under section 160.
travel conditions means travel conditions required by the relevant road manager under section 161.
s 119: Am 2015 No 12, sec 9; 2016 No 65, sec 139.
119A   Process for amending a stated map or stated list
(1)  This section applies to the amendment of a stated map or stated list mentioned in section 119.
(2)  For the purpose of an amendment by the Regulator only adding an additional area or route to a stated map or stated list—
(a)  section 118 applies; and
(b)  Division 2 of Part 4.7 applies to the extent the division relates to the grant of a mass or dimension exemption (notice); and
(c)  Division 3 of Part 4.7 does not apply.
(3)  For the purpose of subsection (2), section 118 and Division 2 of Part 4.7 apply as if—
(a)  a reference to the grant of a mass or dimension exemption (notice) or a mass or dimension authority were a reference to the adding of the additional area or route; and
(b)  a reference to the relevant road manager for a mass or dimension exemption (notice) or a mass or dimension authority were a reference to the relevant road manager for the exemption or authority that applies the stated map or stated list.
(4)  For the purpose of an amendment by the relevant road authority only adding an additional area or route to, or only removing a road condition or travel condition from, a stated map or stated list, section 118 and Part 4.7 do not apply.
(5)  For the purpose of an amendment by the Regulator or a relevant road authority if subsections (2) to (4) do not apply, Division 3 of Part 4.7 applies to the extent the Division relates to the amendment of a mass or dimension exemption (notice).
(6)  For subsection (5), Division 3 of Part 4.7 applies as if—
(a)  a reference to the amendment of a mass or dimension authority were a reference to the amendment of the stated map or stated list; and
(b)  a reference to the Regulator were a reference to the Regulator or the relevant road authority, whichever is amending the stated map or stated list; and
(c)  a reference to the relevant road manager for a mass or dimension authority were a reference to the relevant road manager for the authority that applies the stated map or stated list.
s 119A: Ins 2015 No 12, sec 10.
120   Period for which mass or dimension exemption (notice) applies
A mass or dimension exemption (notice)—
(a)  takes effect—
(i)  when the Commonwealth Gazette notice for the exemption is published; or
(ii)  if a later time is stated in the Commonwealth Gazette notice, at the later time; and
(b)  applies for the period stated in the Commonwealth Gazette notice.
121   Requirements about Commonwealth Gazette notice
(1)  A Commonwealth Gazette notice for a mass or dimension exemption (notice) must state the following—
(a)  the category of heavy vehicles to which the exemption applies;
(b)  the mass requirement or dimension requirement to which the exemption applies;
(c)  the areas or routes to which the exemption applies;
(d)  the conditions mentioned in section 119(1)(b), including, for example, by referencing the relevant provision of the national regulations;
(e)  the road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161;
(f)  the other conditions of the exemption;
(g)  the period for which the exemption applies.
(2)  The Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.
Division 3 Exemptions by permit
122   Regulator’s power to exempt particular class 1 or class 3 heavy vehicle from compliance with mass or dimension requirement
(1)  The Regulator may, by giving a person a permit as mentioned in section 127, exempt, for a period of not more than 3 years—
(a)  a class 1 heavy vehicle or class 3 heavy vehicle from compliance with—
(i)  a prescribed mass requirement; or
(ii)  a prescribed dimension requirement; or
(b)  a class 1 heavy vehicle or class 3 heavy vehicle from a requirement relating to the GCM of the vehicle, if subsection (2) applies.
(2)  The Regulator may, under subsection (1), exempt a class 1 heavy vehicle or class 3 heavy vehicle that includes 2 or more prime movers or 2 or more hauling units from compliance with a mass requirement relating to the GCM of the individual prime movers or hauling units if the total GCM of the prime movers or hauling units complies with the mass requirement relating to the GCM of the combined prime movers or hauling units.
(3)  An exemption under subsection (1) is a mass or dimension exemption (permit).
(4)  A mass or dimension exemption (permit) may apply to 1 or more heavy vehicles.
Note—
See Division 4 of Part 4.7 in relation to amendment, suspension or cancellation of a mass or dimension exemption (permit).
123   Application for mass or dimension exemption (permit)
(1)  A person may apply to the Regulator for a mass or dimension exemption (permit).
(2)  The application must be—
(a)  in the approved form; and
(b)  accompanied by the prescribed fee for the application.
(3)  The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.
124   Restriction on grant of mass or dimension exemption (permit)
(1)  The Regulator may grant a mass or dimension exemption (permit) for a heavy vehicle only if—
(a)  the Regulator is satisfied the use of the heavy vehicle on a road under the exemption will not pose a significant risk to public safety; and
(b)  each relevant road manager for the exemption has consented to the grant; and
(c)  the Regulator is satisfied all other consents required for the exemption under the law of the relevant jurisdiction have been obtained by the applicant or have been otherwise given.
(2)  In deciding whether to grant a mass or dimension exemption (permit), the Regulator must have regard to the approved guidelines for granting mass or dimension exemptions.
125   Conditions of mass or dimension exemption (permit)
(1)  A mass or dimension exemption (permit)—
(a)  must include a condition about the areas or routes to which the exemption applies; and
(b)  is subject to conditions prescribed by the national regulations for the exemption; and
(c)  must be subject to the road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161; and
(d)  may be subject to any other conditions the Regulator considers appropriate, including, for example—
(i)  conditions about 1 or more matters mentioned in Schedule 2; and
(ii)  without limiting subparagraph (i), intelligent access program conditions.
(2)  Without limiting the conditions that may be prescribed under subsection (1)(b), the national regulations may—
(a)  prescribe conditions that are to apply only to particular areas or roads; and
(b)  authorise the Regulator to decide the areas or roads to which the conditions are to apply.
s 125: Am 2016 No 65, sec 139.
126   Period for which mass or dimension exemption (permit) applies
(1)  A mass or dimension exemption (permit) applies for the period stated in the permit for the exemption.
(2)  The period may be less than the period sought by the applicant for the mass or dimension exemption (permit).
127   Permit for mass or dimension exemption (permit) etc.
(1)  If the Regulator grants a mass or dimension exemption (permit) to a person, the Regulator must give the person—
(a)  a permit for the exemption; and
(b)  a notice stating the review and appeal information for any of the following decisions that is a reviewable decision—
(i)  the Regulator’s decision to grant the exemption for a period or impose a condition on the exemption;
(ii)  a relevant road manager’s decision to consent to the grant of the exemption subject to a condition that a road condition or travel condition be imposed on the exemption.
Note—
Under section 641(6)(a), this notice must also state particular information about obtaining a statement of reasons for the decision.
(2)  A permit for a mass or dimension exemption (permit) must state the following—
(a)  the name of the person to whom the permit is given;
(b)  a description of each heavy vehicle to which the exemption applies, including the registration number of the vehicle if it is registered;
(c)  the mass requirement or dimension requirement to which the exemption applies;
(d)  the areas or routes to which the exemption applies;
(e)  the conditions mentioned in section 125(1)(b), including, for example, by referencing the relevant provision of the national regulations;
(f)  the road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161;
(g)  the other conditions of the exemption;
(h)  the period for which the exemption applies.
s 127: Am 2019 No 29, sec 12.
128   Refusal of application for mass or dimension exemption (permit)
If the Regulator refuses an application for a mass or dimension exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.
Note—
See section 166 for the requirements for an information notice relating to a relevant road manager’s decision not to give consent to the grant of a mass or dimension exemption (permit).
Division 4 Operating under mass or dimension exemption
129   Contravening condition of mass or dimension exemption generally
(1)  The driver or operator of a heavy vehicle being used on a road under a mass or dimension exemption must not contravene a condition of the exemption.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a mass or dimension exemption applying to the vehicle.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  A person must not use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way that contravenes a condition of a mass or dimension exemption applying to the vehicle.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(4)  A person does not commit an offence against this Law in relation to a heavy vehicle contravening a mass requirement or dimension requirement if—
(a)  the vehicle is exempt, under a mass or dimension exemption, from compliance with the mass requirement or dimension requirement; and
(b)  the vehicle, and its use on a road, complies with the conditions of the exemption.
(5)  However, if a person commits a condition offence—
(a)  the exemption does not operate in the person’s favour while the contravention constituting the offence continues; and
(b)  the exemption must be disregarded in deciding—
(i)  whether the person has committed an offence in relation to a contravention of a mass requirement or dimension requirement applying to a heavy vehicle; and
(ii)  the risk category for the contravention.
(6)  If, because of the operation of subsection (5), a person commits an offence against a provision of this Law (the other offence provision) in relation to a mass requirement or dimension requirement to which an exemption under this Part applies, the person—
(a)  may be charged with the condition offence or an offence against the other offence provision; but
(b)  must not be charged with both offences.
(7)  Subsection (1) does not apply to a condition mentioned in section 132(1).
(8)  In this section—
condition offence means an offence against subsection (1), (2) or (3).
130   Contravening condition of mass or dimension exemption relating to pilot or escort vehicle
(1)  This section applies if a mass or dimension exemption is subject to a condition requiring a heavy vehicle to which the exemption applies to be accompanied by a pilot vehicle or escort vehicle while the heavy vehicle is used on a road.
(2)  The driver of the pilot vehicle or escort vehicle accompanying the heavy vehicle must comply with the conditions of the mass or dimension exemption about the use of the pilot vehicle or escort vehicle.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  The operator of the heavy vehicle must ensure, so far as is reasonably practicable, the driver of the pilot vehicle or escort vehicle complies with subsection (2).
Maximum penalty—$6000.
(4)    (Repealed)
s 130: Am 2016 No 65, sec 20.
131   Using pilot vehicle with a heavy vehicle that contravenes certain conditions of mass or dimension exemption
(1)  The driver of a pilot vehicle must ensure the pilot vehicle does not accompany a heavy vehicle to which a mass or dimension exemption applies if the heavy vehicle, or its use on a road, contravenes a condition of the exemption because the heavy vehicle—
(a)  travels on a route not allowed under the exemption; or
(b)  travels at a time other than a time allowed under the exemption; or
(c)  is accompanied by fewer than the number of pilot or escort vehicles required under the exemption.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  If a person is both the driver of a pilot vehicle accompanying a heavy vehicle to which a mass or dimension exemption applies and an operator of the heavy vehicle, the person may, in relation to the heavy vehicle or its use on a road contravening a condition of the exemption of the kind contemplated by subsection (1), be prosecuted under section 129 or subsection (1), but not both.
132   Keeping relevant document while driving under mass or dimension exemption (notice)
(1)  This section applies if a mass or dimension exemption (notice) is subject to the condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep a relevant document in the driver’s possession.
(2)  A driver of the class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the mass or dimension exemption (notice) must comply with the condition.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(4)–(6)    (Repealed)
(7)  In this section—
relevant document, for a mass or dimension exemption (notice), means a copy of—
(a)  the Commonwealth Gazette notice for the exemption; or
(b)  an information sheet about the exemption published by the Regulator on the Regulator’s website.
relevant party, for the driver of a class 1 heavy vehicle or class 3 heavy vehicle, means—
(a)  an employer of the driver if the driver is an employed driver; or
(b)  a prime contractor of the driver if the driver is a self-employed driver; or
(c)  an operator of the vehicle if the driver is making a journey for the operator.
s 132: Am 2016 No 65, sec 21.
133   Keeping copy of permit while driving under mass or dimension exemption (permit)
(1)  The driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under a mass or dimension exemption (permit) must keep a copy of the permit for the exemption in the driver’s possession.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  If the driver of a class 1 heavy vehicle or class 3 heavy vehicle is driving the vehicle under a mass or dimension exemption (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1), the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver stops working for the relevant party.
Maximum penalty—$4000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(4)–(6)    (Repealed)
(7)  In this section—
relevant party, for the driver of a class 1 heavy vehicle or class 3 heavy vehicle, means—
(a)  an employer of the driver if the driver is an employed driver; or
(b)  a prime contractor of the driver if the driver is a self-employed driver; or
(c)  an operator of the vehicle if the driver is making a journey for the operator.
s 133: Am 2016 No 65, sec 22.
Division 5 Other provision
134   Displaying warning signs on vehicles if not required by dimension exemption
(1)  A heavy vehicle warning sign must not be displayed on a heavy vehicle unless it is being used under a dimension exemption.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  A pilot vehicle warning sign must not be displayed on a vehicle unless it is being used as a pilot vehicle for a heavy vehicle being used under a dimension exemption.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  In this section—
dimension exemption means an exemption under this Part from compliance with a dimension requirement.
heavy vehicle warning sign means a warning sign required under the national regulations to be attached to a heavy vehicle being used under a dimension exemption.
pilot vehicle warning sign means a warning sign required under the national regulations to be attached to a vehicle being used as a pilot vehicle for a heavy vehicle being used under a dimension exemption.
Part 4.6 Restricting access to roads by large vehicles that are not overmass or oversize vehicles
Division 1 Preliminary
135   Main purpose of Pt 4.6
The main purpose of this Part is to restrict access to roads by heavy vehicles that, while complying with mass requirements and dimension requirements applying to them, may, because of their size—
(a)  endanger public safety; or
(b)  damage road infrastructure; or
(c)  adversely affect public amenity.
136   Class 2 heavy vehicles
(1)  A heavy vehicle is a class 2 heavy vehicle if—
(a)  it—
(i)  complies with the prescribed mass requirements and prescribed dimension requirements applying to it; and
(ii)  is—
(A)  a B-double; or
(B)  a road train; or
(C)  a bus, other than an articulated bus, that is longer than 12.5m; or
(D)  a combination designed and built to carry vehicles on more than 1 deck that, together with its load is longer than 19m or higher than 4.3m; or
(E)  a motor vehicle, or a combination, that is higher than 4.3m and is built to carry cattle, sheep, pigs or horses; or
(b)  it is a PBS vehicle other than a specified PBS vehicle.
(2)  In this section—
specified PBS vehiclemeans a PBS vehicle that—
(a)  is not a bus; and
(b)  is not longer than 20m; and
(c)  is the subject of a current PBS vehicle approval at performance level 1; and
(d)  complies with the PBS vehicle approval; and
(e)  complies with the general mass limits for the vehicle, regardless of whether the PBS vehicle approval authorises a higher mass limit.
Note—
General mass limits for a vehicle may be included in prescribed mass requirements under section 95.
s 136: Am 2018 No 18, sec 13.
Division 2 Restriction
137   Using class 2 heavy vehicle
A person must not use a class 2 heavy vehicle, or permit a class 2 heavy vehicle to be used, on a road other than in accordance with a class 2 heavy vehicle authorisation.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
Division 3 Authorisation by Commonwealth Gazette notice
138   Regulator’s power to authorise use of all or stated categories of class 2 heavy vehicles
(1)  The Regulator may, by Commonwealth Gazette notice complying with section 142, authorise, for a period of not more than 5 years, the use of all or stated categories of class 2 heavy vehicles in one or more of the following ways—
(a)  in stated areas or on stated routes;
(b)  during stated hours of stated days;
(c)  in the case of PBS vehicles, in accordance with a stated requirement that the vehicles are operated in accordance with the conditions contained in a PBS vehicle approval.
(2)  An authorisation under subsection (1) is a class 2 heavy vehicle authorisation (notice).
Note—
See Division 3 of Part 4.7 in relation to amendment, suspension or cancellation of a class 2 heavy vehicle authorisation (notice).
139   Restriction on grant of class 2 heavy vehicle authorisation (notice)
(1)  The Regulator may grant a class 2 heavy vehicle authorisation (notice) only if—
(a)  the Regulator is satisfied the use of class 2 heavy vehicles, or the stated categories of class 2 heavy vehicles, on a road under the authorisation will not pose a significant risk to public safety; and
(b)  each relevant road manager for the authorisation has consented to the grant; and
(c)  the Regulator is satisfied all other consents required for the authorisation under the law of the relevant jurisdiction have been obtained or given.
(2)  In deciding whether to grant a class 2 heavy vehicle authorisation (notice), the Regulator must have regard to the approved guidelines for granting class 2 heavy vehicle authorisations.
140   Conditions of class 2 heavy vehicle authorisation (notice)
A class 2 heavy vehicle authorisation (notice)—
(a)  must be subject to the road conditions or travel conditions required by a road manager for the authorisation under section 160 or 161; and
Note—
Under sections 160(1)(b) and (4), a road manager may only require road conditions of a type prescribed by the national regulations
(b)  may be subject to other conditions the regulator considers appropriate, including, for example, a condition that the driver of a class 2 heavy vehicle who is driving the vehicle under the authorisation must keep in the driver’s possession a copy of—
(i)  the Commonwealth Gazette notice for the authorisation; or
(ii)  an information sheet about the authorisation published by the Regulator on the Regulator’s website.
s 140: Subst 2015 No 12, sec 11.
141   Period for which class 2 heavy vehicle authorisation (notice) applies
A class 2 heavy vehicle authorisation (notice)—
(a)  takes effect—
(i)  when the Commonwealth Gazette notice for the authorisation is published; or
(ii)  if a later time is stated in the Commonwealth Gazette notice, at the later time; and
(b)  applies for the period stated in the Commonwealth Gazette notice.
142   Requirements about Commonwealth Gazette notice etc.
(1)  A Commonwealth Gazette notice for a class 2 heavy vehicle authorisation (notice) must state the following—
(a)  that the authorisation applies to all class 2 heavy vehicles or, if the authorisation only applies to particular categories of class 2 heavy vehicles, the categories of class 2 heavy vehicles to which the authorisation applies;
(b)  the areas or routes to which the authorisation applies;
(c)  the days and hours to which the authorisation applies;
(d)  any conditions applying to class 2 heavy vehicles being used on a road under the authorisation;
(e)  the period for which the authorisation applies.
(2)  Without limiting subsection (1)(b), the notice may state the areas or routes under the subsection by—
(a)  applying by reference a stated map or stated list, not in the notice, prepared and published by the relevant road authority or the Regulator; and
(b)  referring to the areas or routes shown on the stated map or list.
(3)  Without limiting subsection (1)(d), the notice may state road conditions or travel conditions under the subsection by referring to road conditions or travel conditions shown on a stated map or stated list applied under subsection (2)(a).
(4)  The Regulator must publish a copy of the notice on the Regulator’s website.
(5)  If the notice applies a stated map or stated list—
(a)  the Regulator may amend the stated map or stated list prepared and published by it and the relevant road authority may amend the stated map or stated list prepared and published by it, but only by omitting, varying or extending—
(i)  the areas or routes mentioned in subsection (2)(b); or
(ii)  the road conditions or travel conditions mentioned in subsection (3);
including by adding additional areas, routes, road conditions or travel conditions; and
(b)  the Regulator must ensure a copy of the stated map or stated list as in force from time to time is—
(i)  made available for inspection, without charge, during normal business hours at each office of the Regulator; and
(ii)  published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website.
Note—
The Regulator must publish a stated map or stated list whether the Regulator or a relevant road authority originally prepared and published it as mentioned in subsection (2).
(6)  Despite subsection (5)(a), a road authority may only amend a map or list in a way that affects a particular road if—
(a)  the road authority is the road manager for the road; or
(b)  the road authority is not the road manager for the road and has been advised by the Regulator that the Regulator has obtained the consent of the road manager for the amendment.
(7)  In this section—
relevant road authority, for a class 2 heavy vehicle authorisation (notice), means the road authority for the participating jurisdiction in which the road likely to be travelled under the authorisation is situated.
road conditions means road conditions required by the relevant road manager under section 160.
travel conditions means travel conditions required by the relevant road manager under section 161.
s 142: Am 2015 No 12, sec 12.
142A   Process for amending stated map or stated list
(1)  This section applies to the amendment of a stated map or stated list mentioned in section 142.
(2)  For the purpose of an amendment by the Regulator only adding an additional area or route to a stated map or stated list—
(a)  section 139 applies; and
(b)  Division 2 of Part 4.7 applies to the extent the division relates to the grant of a class 2 heavy vehicle authorisation (notice); and
(c)  Division 3 of Part 4.7 does not apply.
(3)  For the purpose of subsection (2), section 139 and Division 2 of Part 4.7 apply as if—
(a)  a reference to the grant of a class 2 heavy vehicle authorisation (notice) or a mass or dimension authority were a reference to the adding of the additional area or route; and
(b)  a reference to the relevant road manager for a class 2 heavy vehicle authorisation (notice) or a mass or dimension authority were a reference to the relevant road manager for the authorisation or authority that applies the stated map or stated list.
(4)  For the purpose of an amendment by the relevant road authority only adding an additional area or route to, or only removing a road condition or travel condition from, a stated map or stated list, section 139 and Part 4.7 do not apply.
(5)  For the purpose of an amendment by the Regulator or a relevant road authority if subsections (2) to (4) do not apply, Division 3 of Part 4.7 applies to the extent the division relates to the amendment of a class 2 heavy vehicle authorisation (notice).
(6)  For the purpose of subsection (5), Division 3 of Part 4.7 applies as if—
(a)  a reference to the amendment of a mass or dimension authority were a reference to the amendment of the stated map or stated list; and
(b)  a reference to the Regulator were a reference to the Regulator or the relevant road authority, whichever is amending the stated map or stated list; and
(c)  a reference to the relevant road manager for a mass or dimension authority were a reference to the relevant road manager for the authority that applies the stated map or stated list.
s 142A: Ins 2015 No 12, sec 13.
Division 4 Authorisation by permit
143   Regulator’s power to authorise use of a particular class 2 heavy vehicle
(1)  The Regulator may, by giving a person a permit as mentioned in section 148, authorise, for a period of not more than 3 years, the use of a class 2 heavy vehicle—
(a)  in stated areas or on stated routes; and
(b)  during stated hours of stated days.
(2)  An authorisation under subsection (1) is a class 2 heavy vehicle authorisation (permit).
(3)  A class 2 heavy vehicle authorisation (permit) may apply to 1 or more heavy vehicles.
Note—
See Division 4 of Part 4.7 in relation to amendment, suspension or cancellation of a class 2 heavy vehicle authorisation (permit).
144   Application for class 2 heavy vehicle authorisation (permit)
(1)  A person may apply to the Regulator for a class 2 heavy vehicle authorisation (permit).
(2)  The application must be—
(a)  in the approved form; and
(b)  accompanied by the prescribed fee for the application.
(3)  The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.
145   Restriction on grant of class 2 heavy vehicle authorisation (permit)
(1)  The Regulator may grant a class 2 heavy vehicle authorisation (permit) for a class 2 heavy vehicle only if—
(a)  the Regulator is satisfied the use of the class 2 heavy vehicle on a road under the authorisation will not pose a significant risk to public safety; and
(b)  each relevant road manager for the authorisation has consented to the grant; and
(c)  the Regulator is satisfied all other consents required for the authorisation under the law of the relevant jurisdiction have been obtained by the applicant or have been otherwise given.
(2)  In deciding whether to grant a class 2 heavy vehicle authorisation (permit), the Regulator must have regard to the approved guidelines for granting class 2 heavy vehicle authorisations.
146   Conditions of class 2 heavy vehicle authorisation (permit)
A class 2 heavy vehicle authorisation (permit)—
(a)  must be subject to the road conditions or travel conditions required by a relevant road manager for the authorisation under section 160 or 161; and
(b)  may be subject to any other conditions the Regulator considers appropriate, including, for example—
(i)  conditions about 1 or more matters mentioned in Schedule 2; and
(ii)  without limiting subparagraph (i), intelligent access program conditions.
s 146: Am 2016 No 65, sec 139.
147   Period for which class 2 heavy vehicle authorisation (permit) applies
(1)  A class 2 heavy vehicle authorisation (permit) applies for the period stated in the permit for the authorisation.
(2)  The period may be less than the period sought by the applicant for the class 2 heavy vehicle authorisation (permit).
148   Permit for class 2 heavy vehicle authorisation (permit) etc.
(1)  If the Regulator grants a class 2 heavy vehicle authorisation (permit) to a person, the Regulator must give the person—
(a)  a permit for the authorisation; and
(b)  a notice stating the review and appeal information for any of the following decisions that is a reviewable decision—
(i)  the Regulator’s decision to grant the authorisation for a period or impose a condition on the authorisation;
(ii)  a relevant road manager’s decision to consent to the grant of the authorisation subject to a condition that a road condition or travel condition be imposed on the authorisation.
Note—
Under section 641(6)(a), this notice must also state particular information about obtaining a statement of reasons for the decision.
(2)  A permit for a class 2 heavy vehicle authorisation (permit) must state the following—
(a)  the name and address of the person to whom the permit is given;
(b)  if the authorisation applies to particular categories of class 2 heavy vehicles, the categories of heavy vehicles to which the authorisation applies;
(c)  the areas or routes to which the authorisation applies;
(d)  the days and hours to which the authorisation applies;
(e)  the road conditions or travel conditions required by a relevant road manager for the authorisation under section 160 or 161;
(f)  any other conditions applying to a class 2 heavy vehicle being used on a road under the authorisation;
(g)  the period for which the authorisation applies.
s 148: Am 2019 No 29, sec 13.
149   Refusal of application for class 2 heavy vehicle authorisation (permit)
If the Regulator refuses an application for a class 2 heavy vehicle authorisation (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.
Note—
See section 166 for the requirements for an information notice relating to a road manager’s decision not to give consent to the grant of a class 2 heavy vehicle authorisation (permit).
Division 5 Operating under class 2 heavy vehicle authorisation
150   Contravening condition of class 2 heavy vehicle authorisation
(1)  The driver or operator of a class 2 heavy vehicle being used on a road under a class 2 heavy vehicle authorisation must not contravene a condition of the authorisation.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  Subsection (1) does not apply to a condition mentioned in section 151(1).
151   Keeping relevant document while driving under class 2 heavy vehicle authorisation (notice)
(1)  This section applies if a class 2 heavy vehicle authorisation (notice) is subject to the condition that the driver of a class 2 heavy vehicle who is driving the vehicle under the authorisation must keep a relevant document in the driver’s possession.
(2)  A driver of the class 2 heavy vehicle who is driving the vehicle under the class 2 heavy vehicle authorisation (notice) must comply with the condition.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(4)–(6)    (Repealed)
(7)  In this section—
relevant document, for a class 2 heavy vehicle authorisation (notice), means a copy of—
(a)  the Commonwealth Gazette notice for the authorisation; or
(b)  an information sheet about the authorisation published by the Regulator on the Regulator’s website.
relevant party, for the driver of a class 2 heavy vehicle, means—
(a)  an employer of the driver if the driver is an employed driver; or
(b)  a prime contractor of the driver if the driver is a self-employed driver; or
(c)  an operator of the vehicle if the driver is making a journey for the operator.
s 151: Am 2016 No 65, sec 23.
152   Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit)
(1)  The driver of a class 2 heavy vehicle who is driving the vehicle under a class 2 heavy vehicle authorisation (permit) must keep a copy of the permit for the authorisation in the driver’s possession.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  If the driver of a class 2 heavy vehicle is driving the vehicle under a class 2 heavy vehicle authorisation (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1), the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver stops working for the relevant party.
Maximum penalty—$4000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(4)–(6)    (Repealed)
(7)  In this section—
relevant party, for the driver of a class 2 heavy vehicle, means—
(a)  an employer of the driver if the driver is an employed driver; or
(b)  a prime contractor of the driver if the driver is a self-employed driver; or
(c)  an operator of the vehicle if the driver is making a journey for the operator.
s 152: Am 2016 No 65, sec 24.
153   (Repealed)
s 153: Am 2016 No 65, sec 25. Rep 2018 No 18, sec 14.
Part 4.6A Restricted access vehicles
pt 4.6A: Ins 2015 No 12, sec 14.
153A   Using restricted access vehicle
(1)  A person must not use a restricted access vehicle, or permit a restricted access vehicle to be used, on a road unless the road is one on which the vehicle is allowed to be used under a mass or dimension authority applying to the vehicle.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  In this section—
restricted access vehicle means a heavy vehicle that (together with its load) is—
(a)  higher than 4.3m; or
(b)  wider than 2.5m; or
(c)  longer than—
(i)  if a single vehicle other than an articulated bus—12.5m;
(ii)  if an articulated bus—18m; or
(iii)  if a combination—19m.
specified semitrailer means a semitrailer that—
(a)  is not a PBS vehicle; and
(b)  has an air suspension system with effective dampers fitted; and
(c)  has a deck height not higher than 1.2m for at least 50% of its deck length; and
(d)  if in a combination—the combination—
(i)  consists only of—
(A)  a prime mover towing a single semitrailer attached to the prime mover by a fifth wheel coupling; or
(B)  a B-double; or
(C)  a B-triple; and
(ii)  has a mass not more than 90% of the prescribed mass requirements for the combination.
Note—
Although this section does not apply to certain combinations, a combination that is a class 2 heavy vehicle will still need to have a class 2 heavy vehicle authorisation (see s 137).
(3)  This section does not apply to—
(a)  a class 2 heavy vehicle; or
(b)  a specified PBS vehicle as defined in section 136(2); or
(c)  a specified semitrailer.
Note—
All other PBS vehicles are class 2 heavy vehicles (see section 136).
s 153A: Ins 2015 No 12, sec 14. Am 2018 No 18, sec 15; 2019 No 29, sec 14.
Part 4.7 Particular provisions about mass or dimension authorities
Division 1 Preliminary
154   Definitions for Pt 4.7
In this Part—
road condition
(a)  means a condition directed at—
(i)  protecting road infrastructure; or
(ii)  preventing or minimising an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or
(iii)  preventing or minimising significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; but
(b)  does not include a condition requiring the installation of equipment or another thing in a vehicle unless the equipment or thing is required to be installed in the vehicle for an intelligent access program condition imposed in connection with a condition directed at the matters mentioned in paragraph (a)(i), (ii) or (iii).
route assessment, in relation to a mass or dimension authority, means an assessment of the road infrastructure in the areas or on the routes to which the authority is to apply to decide the impact the grant of the authority will have, or is likely to have, on the road infrastructure.
travel condition means a condition directed at ensuring that access to a stated route or area is limited to either or both of the following—
(a)  stated days or hours (or both);
(b)  travel in a stated direction.
vehicle condition means a condition directed at ensuring a vehicle can operate safely on roads.
s 154: Am 2016 No 65, sec 139.
Division 2 Obtaining consent of relevant road managers
155   Application of Div 2
This Division applies in relation to the Regulator obtaining the consent of the road manager for a road for the purpose of granting a mass or dimension authority.
156   Period within which road manager must decide
(1)  If the Regulator asks a road manager for a road for the road manager’s consent to the grant of a mass or dimension authority, the road manager must decide to give or not to give the consent—
(a)  within—
(i)  28 days after the request is made, unless subparagraph (ii) applies; or
(ii)  if this section applies because the road manager gave the Regulator a notice of objection to the grant under section 167—14 days after giving the notice of objection; or
(b)  within a longer period, of not more than 6 months after the request is made, agreed to by the Regulator.
Note—
See, however, sections 159, 167 and 168.
(2)  The road manager may ask for, and the Regulator may agree to, a longer period under subsection (1)(b) only if—
(a)  consultation is required under a law with another entity (including, for example, for the purpose of obtaining that entity’s approval to give the consent); or
(b)  the road manager considers a route assessment is necessary for deciding whether to give or not to give the consent; or
(c)  the road manager is the road authority for the participating jurisdiction and considers that a local government authority that is not required under a law to be consulted should nevertheless be consulted before deciding whether to give or not to give the consent.
(3)  If the Regulator agrees to a longer period under subsection (1)(b), the Regulator must give the applicant for the mass or dimension authority concerned a written statement of the decision—
(a)  identifying the road manager concerned; and
(b)  indicating the ground on which the road manager asked for a longer period.
s 156: Subst 2018 No 18, sec 16.
156A   Deciding request for consent generally
(1)  If the Regulator asks a road manager for a road for the road manager’s consent to the grant of a mass or dimension authority, the road manager may decide not to give the consent only if the road manager is satisfied—
(a)  the mass or dimension authority will, or is likely to—
(i)  cause damage to road infrastructure; or
(ii)  impose adverse effects on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or
(iii)  pose significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; and
(b)  it is not possible to grant the authority subject to road conditions or travel conditions that will avoid, or significantly minimise—
(i)  the damage or likely damage; or
(ii)  the adverse effects or likely adverse effects; or
(iii)  the significant risks or likely significant risks.
(2)  If the road manager considers that the consent would be given if the mass of the vehicle under the application for the authority was less than applied for, the road manager must give the consent subject to a road condition that the vehicle not exceed the mass.
(3)  Also, in deciding whether or not to give the consent, the road manager must have regard to—
(a)  for a mass or dimension exemption—the approved guidelines for granting mass or dimension exemptions; or
(b)  for a class 2 heavy vehicle authorisation—the approved guidelines for granting class 2 heavy vehicle authorisations.
(4)  If a relevant road manager for a mass or dimension authority decides not to give consent to the grant of the authority, the relevant road manager must give the Regulator a written statement that explains the road manager’s decision and complies with section 172.
s 156A: Ins 2018 No 18, sec 16.
157   Obtaining third party’s approval for giving consent for permit
(1)  This section applies if—
(a)  a person (the applicant) applies for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit); and
(b)  consultation with another entity is required under a law.
(2)  The Regulator must—
(a)  notify the applicant that consultation is required; and
(b)  notify the road manager that the applicant has been notified of the requirement.
(3)  The Regulator must, as far as practicable, give the notifications under subsection (2) concurrently with asking the road manager for the consent.
158   Action pending consultation with third party
(1)  This section applies if—
(a)  consultation with another entity is required under a law; and
(b)  the road manager does not ask for a longer period under section 156(1)(b) or the Regulator refuses to agree to a longer period asked for under section 156(1)(b).
(2)  If the consultation with the other entity is not yet completed, the road manager must, as far as practicable, deal with the request for consent and decide to give or not to give the consent (even though the consultation with the other entity is not completed).
(3)  If the road manager decides to give the consent even though the consultation with the other entity is not completed, the consent is not operative unless and until—
(a)  the consultation is completed; and
(b)  if the other entity’s approval is required, the other entity gives its approval.
(4)  If—
(a)  the consultation with the other entity is completed and the other entity’s approval is required; and
(b)  the road manager has not yet decided to give or not to give the consent;
the road manager may—
(c)  decide not to give the consent, on the ground that the consent would be inoperative; or
(d)  decide to give the consent, but the consent is inoperative without the other entity’s approval.
(5)  The Regulator must not grant a mass or dimension authority if—
(a)  consultation is required under a law with another entity; and
(b)  the other entity’s approval is required; and
(c)  the other entity has declined to give its approval.
159   Deciding request for consent if route assessment required
(1)  This section applies if—
(a)  a person (the applicant) applies for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit); and
(b)  the Regulator asks a road manager for a road for the road manager’s consent to the grant of the exemption or authorisation; and
(c)  the road manager considers a route assessment is necessary for deciding whether to give or not to give the consent.
(2)  The road manager may notify the Regulator of the following—
(a)  that a route assessment is required for the road manager deciding whether to give or not to give the consent;
(b)  the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated.
(3)  The Regulator must notify the applicant of the following—
(a)  that a route assessment is required for the road manager deciding whether to give or not to give the consent;
(b)  the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated;
(c)  if a fee is payable for the route assessment under a law of the jurisdiction in which the road is situated, that the road manager may stop considering whether to give or not to give the consent until the fee is paid;
(d)  if, under section 156(1)(b), the Regulator agrees to a longer period for the road manager deciding whether to give or not to give the consent, the longer period agreed by the Regulator.
(4)  If a fee is payable for the route assessment under a law of the jurisdiction in which the road is situated—
(a)  the road manager may stop considering whether to give or not to give the consent until the fee is paid; and
(b)  the period between the day the applicant is given the notification under subsection (3) and the day the fee is paid must not be counted in working out the period taken by the road manager to decide whether to give or not to give the consent.
(5)  If the applicant does not pay the fee for the route assessment within 28 days after the notification is given to the applicant under subsection (3), or a longer period agreed to by the Regulator, the application lapses.
160   Imposition of road conditions
(1)  A relevant road manager for a mass or dimension authority may consent to the grant of the authority subject to—
(a)  except in the case of a class 2 heavy vehicle authorisation (notice)—the condition that a stated road condition is imposed on the authority; or
(b)  in the case of a class 2 heavy vehicle authorisation (notice)—the condition that a stated road condition of a type prescribed by the national regulations is imposed on the authority.
(2)  If a relevant road manager for a mass or dimension authority consents to the grant of the authority subject to a condition as mentioned in subsection (1)(a)—
(a)  the relevant road manager must give the Regulator a written statement that explains the road manager’s decision to give consent to the grant of the authority subject to the condition and complies with section 172; and
(b)  the Regulator must impose the stated road condition on the authority.
(3)  If a relevant road manager for a mass or dimension authority consents to the grant of the authority subject to a condition as mentioned in subsection (1)(b), the Regulator must impose the stated road condition on the authority.
(4)  The national regulations may prescribe road conditions, or kinds of road conditions, for the purposes of subsection (1)(b) and must prescribe the circumstances in which it is appropriate to impose such a condition.
161   Imposition of travel conditions
(1)  A relevant road manager for a mass or dimension authority may consent to the grant of the authority subject to the condition that a stated travel condition is imposed on the authority.
(2)  If a relevant road manager for a mass or dimension authority consents to the grant of the authority as mentioned in subsection (1)—
(a)  the relevant road manager must give the Regulator a written statement that explains the road manager’s decision to give consent to the grant of the authority subject to the condition and complies with section 172; and
(b)  the Regulator must impose the stated travel condition on the authority.
162   Imposition of vehicle conditions
(1)  A relevant road manager for a mass or dimension authority who gives consent to the grant of the authority may ask the Regulator to impose a stated vehicle condition on the authority.
(2)  If a relevant road manager for a mass or dimension authority makes a request as mentioned in subsection (1), the Regulator must—
(a)  consider the request and decide—
(i)  to impose the stated vehicle condition on the authority (with or without modification); or
(ii)  not to impose the stated vehicle condition on the authority; and
(b)  notify the relevant road manager of the decision under paragraph (a).
163   Obtaining consent of road authority if particular road manager refuses to give consent
(1)  This section applies if a relevant road manager for a mass or dimension authority—
(a)  is a public authority other than a road authority; and
(b)  either—
(i)  decides not to consent to the grant of the mass or dimension authority; or
(ii)  consents to the grant of the mass or dimension authority subject to the imposition of road conditions or travel conditions the Regulator considers are not necessary to avoid, or significantly minimise—
(A)  damage, or likely damage, to road infrastructure; or
(B)  adverse effects, or likely adverse effects, on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or
(C)  significant risks, or likely significant risks, to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.
(2)  The Regulator may ask the relevant road authority to consent to the grant.
(3)  If the Regulator asks the relevant road authority for consent under this section, the road authority must decide to give or not to give the consent—
(a)  within 3 months of the request; or
(b)  within a longer period, of not more than 6 months, agreed to by the Regulator.
(4)  If the relevant road authority gives the consent or gives the consent on the condition that a stated road condition or travel condition is imposed on the mass or dimension authority—
(a)  the decision of the relevant road manager has no effect for the purposes of this Law; and
(b)  to the extent this Law applies in relation to the consent of, or the road conditions or travel conditions required by, the relevant road manager, this Law (other than this section) applies as if a reference in it to the relevant road manager were a reference to the relevant road authority.
(5)  In this section—
relevant road authority, for a decision of a relevant road manager for a mass or dimension authority, means the road authority for the participating jurisdiction in which the road for which the relevant road manager is a road manager is situated.
164, 165   (Repealed)
s 164: Rep 2019 No 29, sec 15.
s 165: Rep 2019 No 29, sec 15.
166   Information notice for decision to refuse application because road manager did not give consent
(1)  This section applies if an application for a mass or dimension authority is refused, wholly or partly, because a relevant road manager for the authority has refused to consent to the authority.
(2)  The information notice for the decision to refuse the application given to the applicant under this Law must state the following, in addition to any other information required to be included in the information notice—
(a)  that the road manager has refused to consent to the mass or dimension authority;
(b)  a written statement that explains the road manager’s decision to refuse to give the consent and complies with section 172;
(c)  the review and appeal information for the road manager’s decision to refuse to give the consent.
167   Expedited procedure for road manager’s consent for renewal of mass or dimension authority
(1)  This section applies if—
(a)  the relevant road manager has previously consented to a grant of a mass or dimension authority (the previous authority); and
(b)  the Regulator proposes to grant a mass or dimension authority (the proposed replacement authority) by way of renewal so as to replace the previous authority on its expiry; and
(c)  the Regulator proposes to impose the same conditions on the proposed replacement authority as applied to the previous authority; and
(d)  the Regulator informs the relevant road manager that the Regulator is seeking to obtain the manager’s consent in accordance with the procedure under this section (the expedited procedure).
(2)  However, this section does not apply, or ceases to apply, if—
(a)  there are differences between the terms of the previous authority and the terms of the proposed replacement authority, including, for example—
(i)  differences relating to the description of the type of heavy vehicle covered by the proposed replacement authority; and
(ii)  additional, deleted or varied conditions; and
(iii)  the inclusion of additional areas or routes; or
(b)  the relevant road manager gives the Regulator a notice of objection to the application of this section to the proposed replacement authority and that notice of objection is given within the period (the relevant period) of—
(i)  14 days after the request for consent is made; or
(ii)  28 days after the request for consent is made if the road manager seeks the extension of time within the initial 14 days; or
(c)  the Regulator gives the relevant road manager a notice that the Regulator withdraws the proposed replacement authority from the expedited procedure; or
(d)  a law of this jurisdiction requires consultation with third parties before the grant of the proposed replacement authority or before access to a particular route or area covered by it is given.
(3)  The road manager is taken to have given the consent at the end of the relevant period to the grant of the proposed replacement authority on the same conditions as applied to the previous authority, unless before the end of that period the road manager gives written notice to the Regulator that the road manager gives or refuses consent.
168   Operation of section 167
(1)  Sections 156 to 166 do not apply to a request for consent while a proposed replacement authority is being dealt with under the expedited procedure under section 167.
(2)  Those sections apply to the request for consent if section 167 does not apply or ceases to apply, as referred to in section 167(2).
169   Granting limited consent for trial purposes
(1)  A relevant road manager may give consent to the grant of a mass or dimension authority for a trial period of no more than 3 months specified by the road manager.
(2)  The trial period determines the maximum period for which the mass or dimension authority applies.
(3)  If there is more than one relevant road manager in relation to a proposed mass or dimension authority, the consent of one or more of the road managers is ineffective unless all the road managers give their consent to the same effect.
170   Renewal of limited consent for trial purposes
(1)  The Regulator must notify each relevant road manager that gave consent under section 169 that the mass or dimension authority concerned will be renewed with effect from the end of the current period of its duration unless action is taken under this section.
(2)  The notification must be given at least one month before the end of the current trial period.
(3)  The Regulator must renew the mass or dimension authority for a further trial period of no more than 3 months, unless the Regulator receives a written objection to its renewal from a relevant road manager within the current trial period.
(4)  The mass or dimension authority is renewable for one or more further trial periods.
171   Period for which mass or dimension authority applies where limited consent
(1)  This section applies where a mass or dimension exemption is granted under section 169 or 170.
(2)  In the case of a mass or dimension exemption (permit) or a class 2 heavy vehicle authorisation (permit), the period for which the permit applies must not exceed the length of the trial period.
(3)  In the case of a mass or dimension exemption (notice) or a class 2 heavy vehicle authorisation (notice), then, despite section 120 or 141, the period for which the notice applies is so much of the period stated in the Commonwealth Gazette notice referred to in that section as does not exceed the trial period.
172   Requirements for statement explaining adverse decision of road manager
(1)  This section applies to a written statement explaining a decision of a relevant road manager under this Division—
(a)  not to give consent to the grant of a mass or dimension authority (as referred to in section 156A); or
(b)  to consent to the grant of a mass or dimension authority on the condition that—
(i)  a road condition is imposed on the authority (as referred to in section 160); or
(ii)  a travel condition is imposed on the authority (as referred to in section 161).
(2)  The written statement complies with this section if it sets out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the road manager’s decision.
s 172: Am 2018 No 18, sec 17; 2019 No 29, sec 16.
Division 3 Amendment, cancellation or suspension of mass or dimension authority granted by Commonwealth Gazette notice
173   Amendment or cancellation on Regulator’s initiative
(1)  It is a ground for amending or cancelling a mass or dimension authority granted by Commonwealth Gazette notice if the use of heavy vehicles on a road under the authority has caused, or is likely to cause, a significant risk to public safety.
(2)  If the Regulator considers a ground exists to amend or cancel the mass or dimension authority, the Regulator may amend or cancel the authority by complying with subsections (3) to (5).
(3)  The Regulator must publish a public notice—
(a)  stating that the Regulator believes a ground exists to amend or cancel the authority; and
(b)  outlining the facts and circumstances forming the basis for the belief; and
(c)  stating the action the Regulator is proposing to take under this section (the proposed action); and
(d)  inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.
(4)  If, after considering all written representations made under subsection (3)(d), the Regulator still considers a ground exists to take the proposed action, the Regulator may—
(a)  if the proposed action was to amend the mass or dimension authority—amend the authority in a way that is not substantially different from the proposed action, including, for example, by—
(i)  amending the areas or routes to which the authority applies; or
(ii)  amending the days or hours to which the authority applies; or
(iii)  imposing additional vehicle conditions on the authority; or
(b)  if the proposed action was to cancel the mass or dimension authority—
(i)  amend the authority, including, for example, as mentioned in paragraph (a)(i), (ii) or (iii); or
(ii)  cancel the authority.
(5)  The Regulator must publish a public notice of the amendment or cancellation.
(6)  The amendment or cancellation takes effect—
(a)  28 days after the Commonwealth Gazette notice is published under subsection (5); or
(b)  if a later time is stated in the Commonwealth Gazette notice, at the later time.
(7)    (Repealed)
s 173: Am 2016 No 65, sec 122.
174   Amendment or cancellation on request by relevant road manager
(1)  This section applies if a relevant road manager for a mass or dimension authority granted by Commonwealth Gazette notice is satisfied the use of heavy vehicles on a road under the authority—
(a)  has caused, or is likely to cause, damage to road infrastructure; or
(b)  has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or
(c)  has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.
(2)  The road manager may ask the Regulator to—
(a)  amend the mass or dimension authority by—
(ia)  amending the category of vehicle to which the authority applies; or
(ib)  amending the type of load that may be carried by vehicles to which the authority applies; or
(i)  amending the areas or routes to which the authority applies; or
(ii)  amending the days or hours to which the authority applies; or
(iii)  imposing or amending road conditions or travel conditions; or
(b)  cancel the authority.
(3)  The Regulator must comply with the request.
(4)  However, if consent to the grant of the mass or dimension authority was given by a road authority under section 163—
(a)  the Regulator may refer the request to the road authority; and
(b)  if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and
(c)  if the road authority does not give written approval of the road manager’s request within 28 days after the referral is made, the Regulator—
(i)  must not comply with the request; and
(ii)  must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.
(5)  The Regulator must publish a public notice of the amendment or cancellation.
(6)  The amendment or cancellation takes effect—
(a)  28 days after the Commonwealth Gazette notice is published under subsection (5); or
(b)  if a later time is stated in the Commonwealth Gazette notice, at the later time.
(7)    (Repealed)
s 174: Am 2016 No 65, sec 123.
175   Immediate suspension
(1)  This section applies if the Regulator considers it is necessary to suspend a mass or dimension authority granted by Commonwealth Gazette notice immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.
(2)  The Regulator may, by public notice, immediately suspend the authority until the earliest of the following—
(a)  the end of 56 days after the day the public notice is published;
(b)  the Regulator publishes a notice under section 173(5) or 174(5) and the amendment or cancellation takes effect under section 173(6) or 174(6);
(c)  the Regulator cancels the suspension by public notice.
(3)    (Repealed)
(4)  The suspension, and (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3).
(5)  This section applies despite sections 173 and 174.
(6)    (Repealed)
s 175: Am 2016 No 65, sec 124.
175A   Minor amendment
(1)  The Regulator may amend a mass or dimension authority, granted by Commonwealth Gazette notice, in a minor respect—
(a)  for a formal or clerical reason; or
(b)  in another way that does not adversely affect the interests of a person who is operating under the authority.
(2)  The Regulator must publish a public notice of the amendment.
s 175A: Ins 2016 No 65, sec 125.
Division 4 Amendment, cancellation or suspension of mass or dimension authority granted by permit
176   Amendment or cancellation on application by permit holder
(1)  The holder of a permit for a mass or dimension authority may apply to the Regulator for an amendment or cancellation of the authority.
(2)  The application must—
(a)  be in writing; and
(b)  be accompanied by the prescribed fee for the application; and
(c)  if the application is for an amendment, state clearly the amendment sought and the reasons for the amendment; and
(d)  be accompanied by the permit.
(3)  The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.
(4)  If the proposed amendment of the mass or dimension authority is—
(a)  to amend the areas or routes to which the authority applies (otherwise than by omitting an area or route or reducing an area or route in size); or
(b)  to impose or amend road conditions or travel conditions;
then—
(c)  the Regulator must ask the relevant road managers (for the roads to which the amendment relates) for their consent to the amendment; and
(d)  the provisions of Division 2 apply to the request for consent in the same way as they apply to a request for consent under that Division, with the modifications (if any) prescribed by the national regulations and with any necessary modifications.
(5)  The Regulator must decide the application as soon as practicable after receiving it.
(6)  If the Regulator decides to grant the application—
(a)  the Regulator must give the applicant notice of the decision; and
(b)  the amendment or cancellation takes effect—
(i)  when notice of the decision is given to the applicant; or
(ii)  if a later time is stated in the notice, at the later time; and
(c)  if the Regulator amended the authority, the Regulator must give the applicant a replacement permit for the authority as amended; and
(d)  if the authority is amended to change the vehicle to which the authority applies to an equivalent vehicle, the Regulator must give notice of the amendment to the relevant road manager within 28 days after the authority is amended.
(7)  If the Regulator decides not to amend or cancel the mass or dimension authority as sought by the applicant, the Regulator must—
(a)  give the applicant an information notice for the decision; and
(b)  return the permit for the authority to the applicant.
(8)  In this section—
equivalent vehicle, of another vehicle, means a vehicle that—
(a)  is of the same category as the other vehicle; and
(b)  has mass requirements that are no more than the mass requirements applying to the other vehicle; and
(c)  has dimension requirements that are no more than the dimension requirements applying to the other vehicle; and
(d)  poses no greater public risk than the other vehicle.
s 176: Am 2016 No 65, sec 126.
177   Amendment or cancellation on Regulator’s initiative
(1)  Each of the following is a ground for amending or cancelling a mass or dimension authority granted by giving a person a permit—
(a)  the authority was granted because of a document or representation that was—
(i)  false or misleading; or
(ii)  obtained or made in an improper way;
(b)  the holder of the permit for the authority has contravened a condition of the authority;
(c)  the use of heavy vehicles on a road under the authority has caused, or is likely to cause, a significant risk to public safety.
(2)  If the Regulator considers a ground exists to amend or cancel a mass or dimension authority granted by giving a person a permit (the proposed action), the Regulator must give the holder of the permit a notice—
(a)  stating the proposed action; and
(b)  stating the ground for the proposed action; and
(c)  outlining the facts and circumstances forming the basis for the ground; and
(d)  if the proposed action is to amend the authority (including a condition of the authority)—stating the proposed amendment; and
(e)  inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.
(3)  If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may—
(a)  if the proposed action was to amend the mass or dimension authority—amend the authority in a way that is not substantially different from the proposed action, including, for example, by—
(i)  amending the areas or routes to which the authority applies; or
(ii)  amending the days or hours to which the authority applies; or
(iii)  imposing additional vehicle conditions on the authority; or
(b)  if the proposed action was to cancel the authority—
(i)  amend the authority, including, for example, as mentioned in paragraph (a)(i), (ii) or (iii); or
(ii)  cancel the authority.
(4)  The Regulator must give the holder an information notice for the decision.
(5)  The amendment or cancellation takes effect—
(a)  when the information notice is given to the holder; or
(b)  if a later time is stated in the information notice, at the later time.
178   Amendment or cancellation on request by relevant road manager
(1)  This section applies if a relevant road manager for a mass or dimension authority granted by giving a person a permit is satisfied the use of heavy vehicles on a road under the authority—
(a)  has caused, or is likely to cause, damage to road infrastructure; or
(b)  has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or
(c)  has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.
(2)  The road manager may ask the Regulator to—
(a)  amend the mass or dimension authority, including, for example, by—
(i)  amending the areas or routes to which the authority applies; or
(ii)  amending the days or hours to which the authority applies; or
(iii)  imposing or amending road conditions or travel conditions on the authority; or
(b)  cancel the authority.
(3)  The Regulator must comply with the request.
(4)  However, if consent to the grant of the mass or dimension authority was given by a road authority under section 163—
(a)  the Regulator may refer the request to the road authority; and
(b)  if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and
(c)  if the road authority does not give written approval of the request within 28 days after the referral is made, the Regulator—
(i)  must not comply with the request; and
(ii)  must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.
(5)  If the mass or dimension authority is amended or cancelled under this section, the Regulator must give the holder of the permit for the authority notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect.
(6)  The notice given to the holder must state—
(a)  the day the amendment or cancellation is to take effect; and
(b)  the reasons given by the road manager for the amendment or cancellation; and
(c)  the review and appeal information for the road manager’s decision.
179   Immediate suspension
(1)  This section applies if the Regulator considers it is necessary to suspend a mass or dimension authority granted by issuing a permit to someone immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.
(2)  The Regulator may, by notice (immediate suspension notice) given to the person to whom the permit was given, immediately suspend the authority until the earliest of the following—
(a)  the Regulator gives the person a notice under section 177(4) or 178(5) and the amendment or cancellation takes effect under section 177(5) or 178;
(b)  the Regulator cancels the suspension;
(c)  the end of 56 days after the day the immediate suspension notice is given to the person.
(3)  This section applies despite sections 176, 177 and 178.
180   Minor amendment of permit for a mass or dimension authority
(1)  The Regulator may, by notice given to the holder of a permit for a mass or dimension authority, amend the authority in a minor respect—
(a)  for a formal or clerical reason; or
(b)  in another way that does not adversely affect the holder’s interests.
(2)  The Regulator must give notice of the amendment to the relevant road manager—
(a)  if the authority is amended for a formal or clerical reason—within 28 days after the authority is amended; or
(b)  if the authority is amended in another way—as soon as practicable, but no later than 7 days, after the authority is amended.
s 180: Am 2016 No 65, sec 127.
Division 5 Provisions about permits for mass or dimension authorities
181   Return of permit
(1)  This section applies to a mass or dimension authority granted by giving a person a permit.
(2)  If the mass or dimension authority is amended or cancelled, the Regulator may, by notice, require the person to return the person’s permit for the authority to the Regulator.
(3)  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.
Maximum penalty—$4000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(4)  If the mass or dimension authority has been amended, the Regulator must give the person a replacement permit for the authority as amended.
182   Replacement of defaced etc. permit
(1)  If a person’s permit for a mass or dimension authority is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit.
Maximum penalty—$4000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.
(3)  If the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.
Part 4.8
183  (Repealed)
pt 4.8 (s 183): Rep 2016 No 65, sec 26.
Part 4.9 Other offences
Division 1 Towing restriction
184   Towing restriction
(1)  A person must not drive a heavy motor vehicle towing more than 1 other vehicle.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  Subsection (1) does not apply to a person driving a heavy vehicle—
(a)  under a mass or dimension authority; or
(b)  in circumstances prescribed by the national regulations.
Division 2 Coupling requirements
185   Requirements about coupling trailers
(1)  A person commits an offence if—
(a)  the person uses, or permits to be used, on a road a heavy combination; and
(b)  a trailer in the combination is not securely coupled to the vehicle in front of it.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  A person commits an offence if—
(a)  the person uses, or permits to be used, on a road a heavy combination; and
(b)  the components of a coupling used between vehicles in the heavy combination are not compatible with, or properly connected to, each other.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  In this section—
coupling means a device used to couple a vehicle in a combination to the vehicle in front of it.
Division 3 Transport documentation
186   False or misleading transport documentation for goods
(1)  This section applies if goods are consigned for road transport using a heavy vehicle, or for transport partly by road using a heavy vehicle and partly by some other means.
(2)  The consignor of the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading.
Maximum penalty—$10000.
(3)  If the goods are Australian-packed goods, the packer of the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading.
Maximum penalty—$10000.
(4)  If the goods are overseas-packed goods, the receiver of the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading.
Maximum penalty—$10000.
(5)  If the goods are loaded on the heavy vehicle, the loading manager for, or loader of, the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading.
Maximum penalty—$10000.
(6), (7)    (Repealed)
(8)  In a proceeding for an offence against subsection (2), (3), (4) or (5), it is enough for a charge to state that the transport documentation was ‘false or misleading’, without specifying whether it was false or whether it was misleading.
(9)  In this section—
Australian-packed goods means goods packed—
(a)  in Australia; and
(b)  on a pallet or in a package, freight container or other container.
consignment documentation, for goods, means the transport documentation for the consignment of the goods, in so far as the documentation relates to the mass, dimension or loading of any or all of the goods.
overseas-packed goods means goods packed—
(a)  outside Australia; and
(b)  on a pallet or in a package, freight container or other container.
receiver, of goods in Australia, means a person who, other than the person who merely unloads the goods—
(a)  first receives the goods in Australia; or
(b)  unpacks the goods after the goods are first unloaded in Australia.
s 186: Am 2016 No 65, sec 27.
187   False or misleading information in container weight declaration
(1)  This section applies in relation to a freight container to be transported by road using a heavy vehicle, or partly by road using a heavy vehicle and partly by some other means.
(2)  The responsible entity for the freight container must ensure, so far as is reasonably practicable, the container weight declaration for the container that is given to an operator of the heavy vehicle is not false or misleading.
Maximum penalty—$10000.
(3)  An operator of the heavy vehicle must ensure, so far as is reasonably practicable, the container weight declaration for the container that is given to the vehicle’s driver is not false or misleading.
Maximum penalty—$10000.
(4)  For the purposes of this section, information in a container weight declaration is not false or misleading merely because it overstates the actual weight of the freight container and its contents.
(5), (6)    (Repealed)
(7)  In a proceeding for an offence against subsection (2) or (3), it is enough for a charge to state that information contained in the container weight declaration was ‘false or misleading’, without specifying whether it was false or whether it was misleading.
s 187: Am 2016 No 65, sec 28.
Division 4 Other offences about container weight declarations
188   Application of Div 4
This Division applies to a freight container consigned for road transport using a heavy vehicle, or for transport partly by road using a heavy vehicle and partly by some other means.
189   Meaning of complying container weight declaration
A container weight declaration for a freight container is a complying container weight declaration if—
(a)  it contains the following additional information—
(i)  the number and other particulars of the freight container necessary to identify the container;
(ii)  the name and residential address or business address in Australia of the responsible entity for the freight container;
(iii)  the date the container weight declaration is made; and
(b)  it is written and easily legible.
(c)    (Repealed)
s 189: Am 2015 No 12, sec 15.
190   Duty of responsible entity
(1)  The responsible entity for the freight container must ensure an operator or driver of a heavy vehicle does not transport the freight container by road using the vehicle without a complying container weight declaration for the freight container containing information in the form required under section 192A, unless the responsible entity has a reasonable excuse.
Maximum penalty—$6000.
(2), (3)    (Repealed)
s 190: Am 2015 No 12, sec 16; 2016 No 65, sec 29.
191   Duty of operator
(1)  An operator of a heavy vehicle must ensure the vehicle’s driver does not transport the freight container by road using the vehicle without a complying container weight declaration for the freight container containing information in the form required under section 192A.
Maximum penalty—$6000.
(2)  If the driver of a heavy vehicle does not have the complying container weight declaration when transporting the freight container by road using the vehicle, an operator of the vehicle is taken to have contravened subsection (1) unless the operator—
(a)  proves that the driver was provided with the declaration before the driver started transporting the freight container; or
(b)  has a reasonable excuse.
(3)  If the freight container is to be transported by another carrier, an operator of a heavy vehicle must, unless the operator has a reasonable excuse, ensure the freight container is not given to the carrier unless the carrier has been provided with—
(a)  a complying container weight declaration for the freight container containing information in the form required under section 192A; or
(b)  the prescribed particulars contained in a complying container weight declaration for the freight container.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(4), (5)    (Repealed)
(6)  In this section—
another carrier means another operator of a heavy vehicle or another person who is to transport the freight container other than by road.
prescribed particulars, contained in a complying container weight declaration for a freight container, means—
(a)  information about the weight of the freight container and its contents; and
(b)  the information mentioned in section 189(a).
s 191: Am 2015 No 12, sec 17; 2016 No 65, sec 30.
192   Duty of driver
(1)  A person must not drive a heavy vehicle loaded with the freight container on a road without a complying weight declaration for the container, unless the person has a reasonable excuse.
Maximum penalty—$6000.
(2)  The driver of a heavy vehicle loaded with the freight container must, unless the driver has a reasonable excuse, when driving the vehicle on a road, keep the complying container weight declaration for the container—
(a)  in or about the vehicle; and
(b)  in a way that ensures information in the declaration is in the form required under section 192A.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3), (4)    (Repealed)
s 192: Am 2015 No 12, sec 18; 2016 No 65, sec 31.
192A   Form of information in container weight declaration
(1)  This section applies for the purposes of sections 190(1), 191(1) and (3)(a) and 192(2)(b).
(2)  The responsible entity, operator or driver must ensure the information in the container weight declaration is in a form readily available to an authorised officer who seeks to ascertain it while in the presence of the freight container, including, for example, by—
(a)  examining documents located in the heavy vehicle on which the freight container is loaded or to be loaded; or
(b)  examining documents made available to the authorised officer on an electronic device or otherwise in electronic form.
s 192A: Ins 2015 No 12, sec 19. Am 2018 No 10, sec 21.
Division 5 Other offences
193   Weight of freight container exceeding weight stated on container or safety approval plate
(1)  This section applies if a freight container contains goods consigned for road transport using a heavy vehicle, or for transport partly by road using a heavy vehicle and partly by some other means.
(2)  Each consignor or packer of the goods must ensure, so far as is reasonably practicable, the weight of the container does not exceed the maximum gross weight marked on—
(a)  the container; or
(b)  the container’s safety approval plate.
Maximum penalty—$10000.
(3), (4)    (Repealed)
(5)  In this section—
safety approval plate, for a freight container, means the safety approval plate required to be attached to the container under the International Convention for Safe Containers set out in Schedule 5 of the Navigation Act 1912 of the Commonwealth.
s 193: Am 2016 No 65, sec 32.
194   (Repealed)
s 194: Rep 2016 No 65, sec 33.
Part 4.10 Other provisions
195   Conflicting mass requirements
(1)  This section applies if 2 or more conflicting mass requirements apply to a heavy vehicle.
(2)  Of the conflicting requirements, the requirement imposing the lower or lowest mass limit applies to the heavy vehicle and the other requirement or requirements must be disregarded to the extent of the conflict.
196   Conflicting dimension requirements
(1)  This section applies if 2 or more conflicting dimension requirements apply to a heavy vehicle.
(2)  Of the conflicting requirements, the requirement imposing the more or most restrictive dimension limit applies to the heavy vehicle and the other requirement or requirements must be disregarded to the extent of the conflict.
197   Exemption from compliance with particular requirements in emergency
(1)  The Regulator may, orally or in writing, exempt a heavy vehicle, or the driver or operator of a heavy vehicle, from a prescribed requirement if the Regulator is satisfied—
(a)  the vehicle is being used, or is intended to be used, in an emergency, including, for example, a fire, explosion or natural disaster—
(i)  to protect life or property; or
(ii)  to restore communication or the supply of energy or water or services, including, for example, sewage disposal; and
(b)  granting the exemption will not create an unreasonable danger to other road users.
(2)  An exemption granted under subsection (1) may be subject to conditions the Regulator considers appropriate.
(3)  If an exemption is granted orally under subsection (1), the Regulator must, as soon as practicable—
(a)  make a written record of the exemption and any conditions to which it is subject; and
(b)  give a copy of the written record to an operator of the heavy vehicle to which it relates.
(4)  An exemption under this section has effect only while the conditions, if any, to which it is subject are complied with.
(5)  The Regulator is to notify the relevant road authority of the grant of an exemption under subsection (1) as soon as practicable after it is granted.
(6)  In this section—
prescribed requirement means—
(a)  a mass requirement; or
(b)  a dimension requirement; or
(c)  a requirement under Part 4.5, including, for example, a requirement to comply with a condition of an exemption under that Part; or
(d)  a requirement under Part 4.6, including, for example, a requirement to comply with a condition of an authorisation under that Part.
relevant road authority, for an exemption granted under subsection (1), means the road authority for the participating jurisdiction in which the road likely to be travelled under the exemption is situated.
198   Recovery of losses arising from non-provision of container weight declaration
(1)  This section applies if the driver of a heavy vehicle transporting a freight container by road using the vehicle has not been provided with a container weight declaration for the freight container before starting to transport the freight container.
(2)  A person who has incurred a loss as a result of the declaration not being provided (the plaintiff) has a right to recover the loss from the responsible entity for the freight container.
(3)  For the purposes of subsection (2), the losses that may be recovered include the following—
(a)  loss incurred from delays in the delivery of the freight container, any of its contents or any other goods;
(b)  loss incurred from the damage to or spoliation of anything contained in the freight container;
(c)  loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle;
(d)  costs or expenses incurred for weighing the freight container or any of its contents.
(4)  The plaintiff may enforce the plaintiff’s right to recovery under subsection (2) by bringing a proceeding in a court of competent jurisdiction for an order for payment of the monetary value of the loss.
199   Recovery of losses for provision of inaccurate container weight declaration
(1)  This section applies if—
(a)  an operator or driver of a heavy vehicle transporting a freight container by road using the vehicle has been provided with a container weight declaration for the freight container; and
(b)  the declaration contains information (the false or misleading information) that is false or misleading because it—
(i)  understates the weight of the container; or
(ii)  otherwise indicates the weight of the container is lower than its actual weight; and
(c)  a contravention of a mass requirement applying to the heavy vehicle occurs as a result of the operator or driver relying on the false or misleading information; and
(d)  at the relevant time, the operator or driver either—
(i)  had a reasonable belief the vehicle was not in contravention of the mass requirement; or
(ii)  did not know, and ought not reasonably to have known, that the minimum weight stated in the declaration was lower than the actual weight of the container.
(2)  A person who has incurred a loss as a result of the declaration containing the false or misleading information (the plaintiff) has a right to recover the loss from the responsible entity for the freight container.
(3)  For the purposes of subsection (2), the losses that may be recovered include the following—
(a)  the amount of a fine or other penalty imposed on the plaintiff for an offence against this Law;
(b)  the amount of a fine or other penalty imposed on an employee or agent of the plaintiff for an offence against this Law and reimbursed by the plaintiff;
(c)  loss incurred from delays in the delivery of the freight container, any of its contents, or any other goods;
(d)  loss incurred from the damage to or spoliation of anything contained in the freight container;
(e)  loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle;
(f)  costs or expenses incurred for weighing the freight container or any of its contents.
(4)  The plaintiff may enforce the plaintiff’s right to recovery under subsection (2) by bringing a proceeding in a court of competent jurisdiction for an order for payment of the monetary value of the loss.
s 199: Am 2016 No 65, sec 34.
200   Recovery by responsible entity of amount paid under s 199
(1)  This section applies if, under section 199, a person brings a proceeding (a recovery proceeding) in a court for an order that the responsible entity for a freight container pay the person an amount for loss incurred by the person as a result of the container weight declaration for the freight container containing false or misleading information mentioned in section 199(1)(b).
(2)  The responsible entity has a right to recover from a person (the information provider) who provided the responsible entity with all or part of the false or misleading information the part of the amount (the attributable amount) attributable to the information provided by the information provider.
(3)  The responsible entity may enforce the entity’s right to recovery under subsection (2) by—
(a)  if the recovery proceeding has not been decided— joining the information provider in the proceeding and applying to the court for an order that the information provider pay the attributable amount to the responsible entity if an order is made under section 199(4); or
(b)  if the recovery proceeding has been decided—bringing a proceeding in a court of competent jurisdiction for an order that the information provider pay the attributable amount to the responsible entity.
201   Assessment of monetary value or attributable amount
(1)  The court may assess the monetary value of a loss recoverable under section 198(2) or 199(2), or the attributable amount recoverable under section 200(2), in the way it considers appropriate.
(2)  In making the assessment, the court may have regard to the matters it considers appropriate, including any evidence adduced in a proceeding for an offence against this Law.
Chapter 5
202–219  (Repealed)
ch 5: Rep 2016 No 65, sec 35.
pt 5.1: Rep 2016 No 65, sec 35.
s 202: Rep 2016 No 65, sec 35.
s 203: Rep 2016 No 65, sec 35.
s 203A: Rep 2018 (354), Sch 1 [4].
s 203B: Rep 2018 (354), Sch 1 [4].
pt 5.2, div 1 (ss 204–206): Rep 2016 No 65, sec 35.
pt 5.2, div 2: Rep 2016 No 65, sec 35.
s 207: Rep 2016 No 65, sec 35.
s 208: Am 2015 No 12, sec 67 and Sch. Rep 2016 No 65, sec 35.
pt 5.2, div 3 (s 209): Rep 2016 No 65, sec 35.
pt 5.2, div 4: Rep 2016 No 65, sec 35.
ss 210–212: Rep 2016 No 65, sec 35.
s 213: Am 2015 No 12, sec 67 and Sch. Rep 2016 No 65, sec 35.
pt 5.2, divs 4–6 (214–218): Rep 2016 No 65, sec 35.
pt 5.3 (s 219): Rep 2016 No 65, sec 35.
Chapter 6 Vehicle operations—driver fatigue
Part 6.1 Preliminary
220   Main purpose of Ch 6
(1)  The main purpose of this Chapter is to provide for the safe management of the fatigue of drivers of fatigue-regulated heavy vehicles while they are driving on a road.
(2)  The main purpose is achieved by—
(a)  imposing duties on drivers of fatigue-regulated heavy vehicles and particular persons whose activities influence the conduct of drivers of fatigue-regulated heavy vehicles in a way that affects the drivers’ fatigue when driving on a road; and
(b)  imposing general duties directed at preventing persons driving fatigue-regulated heavy vehicles on a road while impaired by fatigue; and
(c)  imposing additional duties directed at helping drivers of fatigue-regulated heavy vehicles to comply with this Chapter, which are imposed on particular parties in the chain of responsibility; and
(d)  providing for the maximum work requirements and minimum rest requirements applying to drivers of fatigue-regulated heavy vehicles; and
(e)  providing for recording the work times and rest times of drivers, amongst other things.
221   Definitions for Ch 6
In this Chapter—
100km work has the meaning given by section 289(1).
100+km work has the meaning given by section 289(2).
AFM fatigue management system has the meaning given by section 457.
AFM hours has the meaning given by section 257.
approved electronic recording system means an electronic recording system the subject of a current approval under section 343 or a corresponding fatigue law.
approved sleeper berth means—
(a)  for a fatigue-regulated heavy vehicle other than a fatigue-regulated bus—a driver’s sleeper berth that complies with ADR 42 and is able to be used by the driver when resting; or
(b)  for a fatigue-regulated bus—a driver’s sleeper berth that—
(i)  complies with a standard for sleeper berths that is approved by the responsible Ministers under section 654; and
(ii)  is able to be used by the driver when resting.
BFM hours has the meaning given by section 253.
cancel, in relation to an unused daily sheet in a written work diary, means cancel by writing ‘cancelled’ in large letters across the sheet.
cause of fatigue means any factor that could cause or contribute to a person being fatigued while driving a fatigue-regulated heavy vehicle on a road (whether or not the cause arises while the person is at work).
Examples—
  physical or mental exertion
  long periods of time awake
  not enough sleep or not enough restorative sleep
  not enough rest time
  a person’s circadian rhythm (body clock)
  environmental stress factors, including heat, noise, vibrations
  personal health
corresponding fatigue law
1  A corresponding fatigue law is a law of a non-participating jurisdiction that provides for the same, or substantially the same, matters as this Chapter.
2  A corresponding fatigue law for a provision of this Chapter is a provision of a corresponding fatigue law within the meaning of paragraph 1 that corresponds, or substantially corresponds, to the provision of this Chapter.
3  For the purposes of paragraph 1, it is irrelevant whether the law of the non-participating jurisdiction—
(a)  is in 1 instrument or 2 or more instruments; or
(b)  is part of an instrument; or
(c)  is part of an instrument and the whole or part of 1 or more other instruments.
critical risk breach, for a maximum work requirement or minimum rest requirement, has the meaning given by section 222(4).
daily sheet, for a written work diary, has the meaning given by section 338(2)(b).
electronic recording system means a system of recording information electronically.
electronic work diary, in relation to a fatigue-regulated heavy vehicle, means all or part of an approved electronic recording system that is fitted to or used in relation to the vehicle to record information a driver of the vehicle is required by this Law to record in a work diary for the purposes of this Law.
entry, in a work record, means anything written or otherwise recorded in the work record.
exemption hours has the meaning given by section 259.
fatigue has the meaning given by section 223.
impaired by fatigue has the meaning given by section 225.
intelligent access program reporting entity, for an approved intelligent transport system, means a person on whom there is an obligation, imposed by Chapter 7, to report a malfunction of or tampering with the system to the Regulator.
loading manager
Note—
Section 5 contains the definition loading manager. That definition is affected by the definition regular loading or unloading premises, and is used in this Chapter.
As a result of the interaction of the 2 definitions, this Chapter applies to a person as a loading manager only if the premises concerned are premises at or from which an average of at least 5 fatigue-regulated heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.
major rest break means rest time of at least 5 continuous hours.
malfunction, of an electronic work diary or an odometer, means the work diary or odometer
(a)  ceases to work at all, or works only intermittently; or
(b)  does not perform 1 or more functions required under this Chapter; or
(c)  performs the functions mentioned in paragraph (b) only intermittently; or
(d)  performs the functions mentioned in paragraph (b) in a way that is inaccurate or unreliable, including intermittently inaccurate or unreliable.
Examples of an electronic work diary malfunctioning—
  corruption of data held in the electronic work diary
  a software program fault
  physical damage that impairs the functioning of the electronic work diary
Example of an odometer malfunctioning—
  an odometer that no longer keeps an accurate record of distance travelled
minor risk breach has the meaning given by section 222(1).
night work time means work time between midnight and 6a.m.
Note—
Under sections 248 and 303, the time must be based on the time zone of the driver’s base for drivers on a journey in a different time zone to the driver’s base.
non-participating jurisdiction means a State or Territory that is not a participating jurisdiction.
participating jurisdiction means a State or Territory in which—
(a)  this Chapter applies as a law of the State or Territory; or
(b)  a law containing provisions that substantially correspond to the provisions of this Chapter is in force.
record keeper has the meaning given by section 317.
record location, of the driver of a fatigue-regulated heavy vehicle, has the meaning given by section 290.
rest, in relation to a fatigue-regulated heavy vehicle, means not work in relation to a fatigue-regulated heavy vehicle.
rest time, for the driver of a fatigue-regulated heavy vehicle, means any time that is not work time for the driver.
severe risk breach has the meaning given by section 222(3).
sign of fatigue means any sign that a person was, is or will be fatigued while driving a fatigue-regulated heavy vehicle on a road (whether the sign manifests itself before, during or after the driver drove the vehicle).
Examples—
  lack of alertness
  inability to concentrate
  reduced ability to recognise or respond to external stimuli
  poor judgment or memory
  making more mistakes than usual
  drowsiness, or falling asleep, at work (including microsleeps)
  finding it difficult to keep eyes open
  needing more frequent naps than usual
  not feeling refreshed after sleep
  excessive head-nodding or yawning
  blurred vision
  mood changes, increased irritability or other changes to the person’s mental health
  changes to the person’s health or fitness
solo driver means a driver who is not a party to a two-up driving arrangement.
standard hours has the meaning given by section 249.
stationary rest time means rest time 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 breach has the meaning given by section 222(2).
supplementary record means a supplementary record made under section 305.
tamper, with an approved electronic recording system, has the meaning given by section 334.
two-up driving arrangement means an arrangement under which 2 persons share the driving of a fatigue-regulated heavy vehicle that has an approved sleeper berth.
work, in relation to a fatigue-regulated heavy vehicle, means—
(a)  drive a fatigue-regulated heavy vehicle; or
(b)  instruct another person to drive, or supervise another person driving, a fatigue-regulated heavy vehicle; or
(c)  perform another task relating to the use of a fatigue-regulated heavy vehicle, including, for example—
(i)  load things onto, or unload things from, the heavy vehicle; and
(ii)  inspect, service or repair the heavy vehicle; and
(iii)  inspect or attend to a load on the heavy vehicle; and
(iv)  if the heavy vehicle is a bus, attend to passengers on the bus; and
(v)  clean or refuel the heavy vehicle; and
(vi)  perform marketing tasks in relation to the use of the vehicle; and
Examples for the purposes of subparagraph (vi)—
  arranging for the transport of goods or passengers by the heavy vehicle
  canvassing for orders for the transport of goods or passengers by the heavy vehicle
(vii)  help another person to perform, or supervise another person performing, a task mentioned in any of subparagraphs (i) to (vi); and
(viii)  record information or complete a document, as required under this Law, a corresponding fatigue law or otherwise, in relation to the use of the vehicle; or
(d)  occupy the driver’s seat of a fatigue-regulated heavy vehicle while its engine is running.
work and rest change, for the driver of a fatigue-regulated heavy vehicle, means—
(a)  a change from work time to rest time; or
(b)  a change from rest time to work time; or
(c)  a change from being a solo driver to being a driver who is a party to a two-up driving arrangement; or
(d)  a change from being a driver who is a party to a two-up driving arrangement to being a solo driver.
work and rest hours option has the meaning given by section 243.
work diary, for the driver of a fatigue-regulated heavy vehicle—
(a)  generally, means a written work diary or electronic work diary kept by the driver for the purposes of this Law; and
(b)  for Subdivision 1 of Division 2 of Part 6.4, see section 292.
work record means—
(a)  a written or electronic work diary of the driver of a fatigue-regulated heavy vehicle; or
(b)  a supplementary record; or
(c)  a record required to be made or kept under (or by a condition under) Division 2, 3, 8 or 8A of Part 6.4; or
(d)  a copy of a document, or an entry in a document, mentioned in paragraph (a), (b) or (c).
work time, for the driver of a fatigue-regulated heavy vehicle, means any time the driver spends undertaking work in relation to the vehicle.
written work diary means a written work diary issued to the driver of a fatigue-regulated heavy vehicle by the Regulator under section 340 or a corresponding fatigue law.
s 221: Am 2015 No 12, sec 20; 2016 No 65, secs 36, 139.
222   Categories of breaches
(1)  A contravention of a maximum work requirement or minimum rest requirement is a minor risk breach if it is declared under the national regulations to be a breach in the minor risk category.
(2)  A contravention of a maximum work requirement or minimum rest requirement is a substantial risk breach if it is declared under the national regulations to be a breach in the substantial risk category.
(3)  A contravention of a maximum work requirement or minimum rest requirement is a severe risk breach if it is declared under the national regulations to be a breach in the severe risk category.
(4)  A contravention of a maximum work requirement or minimum rest requirement is a critical risk breach if it is declared under the national regulations to be a breach in the critical risk category.
222A   Exemptions for accredited service operators and their drivers [NSW]
(1)  Section 459 (3) and (4) do not apply in relation to an accredited service operator.
(2)  The BFM standards and AFM standards relating to assessing a driver’s health to determine his or her fitness to drive do not apply in relation to an accredited service operator to the extent that those standards are relevant for the purposes of sections 459 and 467.
(3)  Section 468 does not apply to the driver of a bus that is a fatigue-regulated heavy vehicle when the driver is driving the bus for an accredited service operator if—
(a)  the bus is on a journey that is less than 100 kilometres from the driver’s base; or
(b)  the bus is being used to provide a regular bus service under a service contract (regardless of the distance travelled).
(4)  In this section—
accredited service operator, regular bus service and service contract have the same meanings as in the Passenger Transport Act 1990 of New South Wales.
Note—
This section is inserted for New South Wales.
222B   Exemptions for certain buses and private hire vehicles [NSW]
(1)  A person is exempt from the requirements of this Chapter (other than the requirement imposed by section 228) in relation to the driving of a private hire vehicle, or the driving of a bus, that is a fatigue-regulated heavy vehicle.
(2)  Subsection (1) does not apply to the driving of a bus for the purpose of providing a public passenger service.
Note—
Persons carrying on public passenger services by means of a bus are required to be accredited under the Passenger Transport Act 1990 of New South Wales.
Note—
This section is inserted for New South Wales.
s 222B: Am 2018 (354), Sch 1 [5].
Part 6.2 Duties relating to fatigue
Division 1 Preliminary
223   What is fatigue
(1)  Fatigue includes (but is not limited to)—
(a)  feeling sleepy; and
(b)  feeling physically or mentally tired, weary or drowsy; and
(c)  feeling exhausted or lacking energy; and
(d)  behaving in a way consistent with paragraph (a), (b) or (c).
(2)  The national regulations may contain provisions supplementing, clarifying or providing examples for any of the provisions of sections 223 to 226.
224   Matters court may consider in deciding whether person was fatigued
(1)  When deciding whether the driver of a fatigue-regulated heavy vehicle was fatigued, a court may consider the following—
(a)  what is commonly understood as being fatigued;
(b)  the causes of fatigue;
(c)  the signs of fatigue;
(d)  any relevant body of fatigue knowledge;
(e)  any other matter prescribed by the national regulations.
(2)  Subsection (1) does not limit the matters the court may consider when deciding whether a driver was impaired by fatigue.
225   What is impaired by fatigue
A driver is impaired by fatigue if the driver’s ability to drive a fatigue-regulated heavy vehicle safely is affected by fatigue.
226   Matters court may consider in deciding whether person was impaired by fatigue
(1)  When deciding whether the driver of a fatigue-regulated heavy vehicle was impaired by fatigue, a court may consider any of the following—
(a)  any relevant cause of fatigue or sign of fatigue that was evident, and the degree to which it may indicate that the driver was impaired by fatigue;
(b)  any behaviour exhibited by the driver that may have resulted from the driver being impaired by fatigue;
Examples for the purposes of paragraph (b)—
  the circumstances of any incident, crash or near miss
  poor driving judgement
  inattentive driving such as drifting into other lanes on a road or not changing gears smoothly
(c)  the nature and extent of any physical or mental exertion by the driver;
(d)  whether the driver was in breach of the driver’s work and rest hours option.
(2)  Subsection (1) does not limit the matters the court may consider when deciding whether a driver was impaired by fatigue.
(3)  A court may consider the driver to be impaired by fatigue even if the driver has complied with—
(a)  the requirements of this Law, including, for example, the maximum work requirements and minimum rest requirements applying to the driver; or
(b)  any other law.
227   (Repealed)
s 227: Rep 2016 No 65, sec 37.
Division 2 Duty to avoid fatigue
pt 6.2, div 2, hdg: Am 2016 No 65, sec 38.
228   Duty of driver to avoid driving while fatigued
(1)  A person must not drive a fatigue-regulated heavy vehicle on a road while the person is impaired by fatigue.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  If, in relation to conduct at a particular time in relation to which a driver has been charged with an offence under subsection (1), the driver has been convicted of a prescribed driver offence under another law in relation to—
(a)  the same conduct; or
(b)  the same kind of conduct occurring during the same journey;
the court must discharge the proceedings against the driver.
(3)  If, in relation to conduct at a particular time in relation to which a driver has been charged with an offence under subsection (1), the driver has been convicted of the offence and is also charged with a prescribed driver offence under another law (the other offence) in relation to—
(a)  the same conduct; or
(b)  the same kind of conduct occurring during the same journey;
the court dealing with the other offence must discharge the proceedings against the driver for the other offence.
(4)  In this section—
prescribed driver offence under another law means an offence under another law of any jurisdiction prescribed for this definition by the national regulations or a law of that jurisdiction.
229   (Repealed)
s 229: Rep 2016 No 65, sec 39.
pt 6.2, div 3 (ss 230–232): Rep 2016 No 65, sec 40.
Divisions 3–8
230–242  (Repealed)
pt 6.2, div 4: Rep 2016 No 65, sec 40.
s 233: Am 2015 No 12, sec 67 and Sch. Rep 2016 No 65, sec 40.
s 234: Rep 2016 No 65, sec 40.
pt 6.2, divs 5–8 (ss 235–242): Rep 2016 No 65, sec 40.
Part 6.3 Requirements relating to work time and rest time
Division 1 Preliminary
243   What is a driver’s work and rest hours option
(1)  The work and rest hours option of the driver of a fatigue-regulated heavy vehicle is the maximum work requirements and minimum rest requirements applying to the driver under this Law.
(2)  The work and rest hours option is—
(a)  the standard work and rest arrangements, which—
(i)  apply to drivers of fatigue-regulated heavy vehicles operating other than under a BFM accreditation, AFM accreditation or work and rest hours exemption; and
(ii)  are known as ‘standard hours’; or
(b)  the BFM work and rest arrangements, which—
(i)  apply to drivers of fatigue-regulated heavy vehicles operating under a BFM accreditation; and
(ii)  are known as ‘BFM hours’; or
(c)  the AFM work and rest arrangements, which—
(i)  apply to drivers of fatigue-regulated heavy vehicles operating under an AFM accreditation; and
(ii)  are known as ‘AFM hours’; or
(d)  the maximum work times and minimum rest times stated in a work and rest hours exemption, which—
(i)  apply to drivers of fatigue-regulated heavy vehicles operating under the exemption; and
(ii)  are known as ‘exemption hours’.
244   Counting time spent in participating jurisdictions
When counting work time or rest time spent by the driver of a fatigue-regulated heavy vehicle for this Part, the work time or rest time spent by the driver in any participating jurisdiction must be counted.
245   Counting time spent outside participating jurisdictions
(1)  This section applies to the driver of a fatigue-regulated heavy vehicle if the driver drives a fatigue-regulated heavy vehicle into a participating jurisdiction from a non-participating jurisdiction.
(2)  If, within the last 7 days, the driver has spent any work time in a participating jurisdiction, any time spent by the driver in the non-participating jurisdiction must be treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.
(3)  If, within the last 7 days, the driver spent work time only in non-participating jurisdictions—
(a)  any time spent by the driver in the non-participating jurisdiction before the start of the driver’s last major rest break before entering a participating jurisdiction must be disregarded; and
(b)  any time spent by the driver in the non-participating jurisdiction after the start of the last major rest break mentioned in paragraph (a) must be—
(i)  taken into account; and
(ii)  treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.
246   Counting periods of less than 15 minutes—written work diaries
(1)  This section applies if a driver uses a written work diary.
(2)  Work time must be counted in 15 minute periods.
(3)  A period of work time of less than 15 minutes counts as 15 minutes work time.
Examples for the purposes of subsection (3)—
1   
A period of working for 14 minutes counts as 15 minutes work time.
2   
A period of working for 17 minutes counts as 30 minutes work time.
3   
A period of working for 53 minutes counts as 1 hour work time.
(4)  Rest time must be counted in blocks of time of no less than 15 minutes.
(5)  A period of rest time of less than 15 minutes must be disregarded.
Examples for the purposes of subsection (5)—
1   
A period of not working for only 14 minutes does not count as rest time, because 14 minutes is less than 15 minutes.
2   
A period of not working for 17 minutes counts as 15 minutes rest time, because 17 minutes is more than 15 minutes, but is less than 2 lots of 15 minutes (30 minutes).
(6)  This section does not apply to the work time and rest time of a driver of a fatigue-regulated heavy vehicle that is a bus on a journey undertaken in accordance with a service contract entered into under Part 3 of the Passenger Transport Act 1990 of New South Wales.
Note—
Subsection (6) is inserted for New South Wales.
s 246: Am 2015 No 12, sec 21; 2016 No 27, Sch 2.20.
246A   Counting periods of less than 15 minutes—electronic work diaries
(1)  This section applies if a driver uses an electronic work diary.
(2)  Work time and rest time must be counted in 1 minute periods.
(3)  A period of work time or rest time of less than 1 minute must not be counted.
(4)  A period of rest time of less than 15 minutes does not count towards a minimum rest time.
Examples for the purposes of subsection (4)—
1  A period of not working for 10 minutes does not count towards a minimum rest time because 10 minutes is less than 15 minutes.
2  A period of not working on 3 separate occasions for 14 minutes, 24 minutes and 22 minutes does not count as 60 minutes rest time because the period of 14 minutes, being less than 15 minutes, is disregarded.
Note—
This section relates to calculating whether a driver has complied with maximum work requirements and minimum rest requirements applying to the driver. It does not matter if the technology used by an electronic work diary counts a period less than 1 minute mentioned in subsections (2) and (3) in the course of arriving at calculations that comply with the subsections.
s 246A: Ins 2015 No 12, sec 22.
247   Time to be counted after rest time ends
When counting time in a period, the time must not be counted from within rest time, but instead must be counted forward from—
(a)  if 1 or more major rest breaks are relevant to the period—the end of a relevant major rest break; or
(b)  in any other case—the end of a relevant period of rest time.
Example—
An authorised officer intercepts the driver of a fatigue-regulated heavy vehicle on a Friday and inspects the driver’s work diary. The driver operates under standard hours. The officer examines the work diary entries for the previous Monday. The entries show that the driver completed 7 continuous hours of stationary rest time at 6.30a.m. on that day, started work at that time, worked until 11a.m. that day, had 45 minutes of rest time, worked until 5.00p.m. that day, then had stationary rest time until 4.30a.m. on the following day, Tuesday, and then worked until 6.30a.m. on that day.
In order to determine the total number of hours worked by the driver in a 24 hour period starting on the Monday, then in accordance with section 247(a) the officer must commence counting from the end of the relevant major rest break, which in this case is from 6.30a.m. on the Monday until 6.30a.m. on the Tuesday. Adding up the driver’s work periods - 6.30a.m. to 11a.m., 11.45a.m. to 5.00p.m. and 4.30a.m. to 6.30a.m. - results in a total of 11¾ hours worked in the 24 hour period.
The officer might also decide to assess whether the driver has complied with his or her maximum work and minimum rest requirements for the same 24 hour period.
For instance, in any period of 5½ hours, a driver must not work for more than 5¼ hours and must have at least 15 minutes continuous rest when operating under standard hours. To assess whether the driver has complied with this requirement, then in accordance with section 247(b) the officer must commence counting only from the end of a period of rest - from either 6.30a.m. or 11.45a.m. on the Monday, or from 4.30a.m. on the Tuesday. If the officer commenced counting at the end of the rest time that finished at 11.45a.m., the officer would see that the driver had worked for 5¼ continuous hours before commencing rest.
For the purposes of determining whether on Monday the driver had a minimum of 7 continuous hours stationary rest in a 24 hour period as required under standard hours, the officer must assess the length of the periods of stationary rest time the driver had between the end of the major rest break that finished at 6.30a.m. on the Monday and 6.30a.m. on the Tuesday. The officer sees that between 5.00p.m. on the Monday and 4.30a.m. on the Tuesday the driver had a total of 11½ continuous hours of stationary rest time.
248   Time to be counted by reference to time zone of driver’s base
If the driver of a fatigue-regulated heavy vehicle undertakes a journey and is in a different time zone from the time zone of the driver’s base at the time when a period of time is relevant for the purposes of this Law, the period must be counted by reference to the time zone of the driver’s base.
Example—
If, for the driver of a fatigue-regulated heavy vehicle with a base in Queensland, it is necessary to work out the hours of night work time while the driver is in Western Australia on a journey, the hours of night work time are the hours between midnight and 6a.m. in the Queensland time zone (being the time zone in which the driver’s base is situated), even though the hours equate to 10p.m. and 4a.m. in Western Australia.
248A   Occupying driver’s seat to count as rest time in certain circumstances [NSW]
(1)  A period during which the driver of a fatigue-regulated heavy vehicle occupies the driver’s seat of the vehicle while its engine is running counts as rest time rather than work time if—
(a)  the vehicle is stationary during that period; and
(b)  the driver is not subject to work demands during that period; and
(c)  the period is at least 15 minutes or forms part of a period of rest time of at least 15 minutes.
Note—
Section 246 provides for the manner in which periods of rest time are to be calculated.
(2)  This section has effect despite paragraph (d) of the definition of work in section 221.
Note—
This section is inserted for New South Wales.
248B   Certain personal activities may be counted as part of rest time [NSW]
(1)  A rest period of at least 24 continuous hours of stationary rest time that is required to be taken by a driver of a fatigue-regulated heavy vehicle under this Chapter may include a period of up to one continuous hour of permitted personal activity that is to be treated as part of that rest time, but only if—
(a)  the permitted personal activity is not done at the direction of the driver’s employer or for fee or reward; and
(b)  the beginning of the period of permitted personal activity occurs at least 3 hours after the beginning of the 24-hour rest period; and
(c)  the end of the period of permitted personal activity occurs at least 3 hours before the end of the 24-hour rest period.
(2)  A permitted personal activity means any of the following—
(a)  cleaning or refuelling a fatigue-regulated heavy vehicle;
(b)  driving a fatigue-regulated heavy vehicle.
(3)  This section has effect despite the definitions of rest and work in section 221.
Note—
This section is inserted for New South Wales.
Division 2 Standard work and rest arrangements
249   Standard hours
(1)  The national regulations may prescribe the maximum work times and minimum rest times (the standard hours) applying to the driver of a fatigue-regulated heavy vehicle for a period if the driver is not operating under a BFM accreditation, AFM accreditation or work and rest hours exemption.
(2)  Without limiting subsection (1), the national regulations may prescribe—
(a)  different standard hours for solo drivers, solo drivers of fatigue-regulated buses and drivers who are a party to a two-up driving arrangement; and
(b)  that a solo driver of a fatigue-regulated bus may operate under either, but not both, the standard hours for solo drivers or the standard hours for solo drivers of fatigue-regulated buses; and
(c)  that a minor risk breach of a maximum work requirement prescribed in the regulations is not to be treated as a minor risk breach.
(3)  A minor risk breach prescribed for the purposes of subsection (2)(c) is not a contravention of section 250 or 251.
s 249: Am 2015 No 12, sec 23.
250   Operating under standard hours—solo drivers
(1)  The solo driver of a fatigue-regulated heavy vehicle commits an offence if, in any period stated in the standard hours for the driver, the driver—
(a)  works for more than the maximum work time stated in the standard hours for the period; or
(b)  rests for less than the minimum rest time stated in the standard hours for the period.
Maximum penalty—
(a)  for a minor risk breach—$4000; or
(b)  for a substantial risk breach—$6000; or
(c)  for a severe risk breach—$10000; or
(d)  for a critical risk breach—$15000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2), (3)    (Repealed)
s 250: Am 2016 No 65, sec 41.
251   Operating under standard hours—two-up drivers
(1)  The driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement commits an offence if, in any period stated in the standard hours for the driver, the driver—
(a)  works for more than the maximum work time stated in the standard hours for the period; or
(b)  rests for less than the minimum rest time stated in the standard hours for the period.
Maximum penalty—
(a)  for a minor risk breach—$4000; or
(b)  for a substantial risk breach—$6000; or
(c)  for a severe risk breach—$10000; or
(d)  for a critical risk breach—$15000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2), (3)    (Repealed)
s 251: Am 2016 No 65, sec 42.
252   Defence relating to short rest breaks for drivers operating under standard hours
(1)  This section applies if, at a particular time, the driver of a fatigue-regulated heavy vehicle is required, under section 250 or 251, to have a short rest break.
Examples of when this section applies—
The driver is required to have 15 continuous minutes rest time because—
(a)  the driver has worked for 5¼ hours; or
(b)  the driver has worked for 7½ hours and has only had 15 continuous minutes rest time during that period; or
(c)  the driver has worked for 10 hours and has only had 3 lots of 15 continuous minutes rest time during that period.
(2)  In a proceeding for an offence against section 250 or 251 relating to the driver failing to have the short rest break, it is a defence for the driver to prove that—
(a)  at the time the driver was required to have the short rest break, there was no suitable rest place for fatigue-regulated heavy vehicles; and
(b)  the driver had the short rest break—
(i)  at the next suitable rest place for fatigue-regulated heavy vehicles available after that time on the forward route of the driver’s journey; and
(ii)  no later than 45 minutes after the time the driver was required to have the short rest break.
Example of when the defence applies—
The driver of a fatigue-regulated heavy vehicle fails to have a short rest break after 5¼ hours of work time because there was no suitable rest place for fatigue-regulated heavy vehicles when the driver was scheduled to have the short rest break. Instead, the driver has a short rest break after 5½ hours work at a suitable rest place for fatigue-regulated heavy vehicles down the road.
(3)  In this section—
short rest break means rest time of less than 1 hour.
Division 3 BFM work and rest arrangements
253   BFM hours
(1)  The national regulations may prescribe the maximum work times and minimum rest times applying to the driver of a fatigue-regulated heavy vehicle for a period if the driver is operating under a BFM accreditation (the BFM hours).
(2)  Without limiting subsection (1), the national regulations may prescribe—
(a)  different BFM hours for solo drivers and drivers who are a party to a two-up driving arrangement; and
(a)  that a minor risk breach of a maximum work requirement prescribed in the regulations is not to be treated as a minor risk breach.
(3)  A minor risk breach prescribed for the purposes of subsection (2)(b) is not a contravention of section 254 or 256.
s 253: Am 2015 No 12, sec 24.
254   Operating under BFM hours—solo drivers
(1)  The solo driver of a fatigue-regulated heavy vehicle commits an offence if, in any period stated in the BFM hours for the driver, the driver—
(a)  works for more than the maximum work time stated in the BFM hours for the period; or
(b)  rests for less than the minimum rest time stated in the BFM hours for the period.
Maximum penalty—
(a)  for a minor risk breach—$4000; or
(b)  for a substantial risk breach—$6000; or
(c)  for a severe risk breach—$10000; or
(d)  for a critical risk breach—$15000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2), (3)    (Repealed)
s 254: Am 2016 No 65, sec 43.
255   Defence for solo drivers operating under BFM hours relating to split rest breaks
(1)  This section applies if, at a particular time, the driver of a fatigue-regulated heavy vehicle is required under section 254 to have 7 continuous hours of stationary rest time in a period of 24 hours.
(2)  In a proceeding for an offence against section 254 for a solo driver of a fatigue-regulated heavy vehicle relating to the driver failing to have the 7 continuous hours of stationary rest time, it is a defence for the driver to prove that—
(a)  at the time the driver was required to have the 7 continuous hours of stationary rest time, the driver was operating under BFM hours as a solo driver of a fatigue-regulated heavy vehicle; and
(b)  during the period of 24 hours for which the 7 continuous hours of stationary rest time was required to be had, the driver had 6 continuous hours of stationary rest time and 2 continuous hours of stationary rest time (a split rest break); and
(c)  the driver had not had a split rest break in the previous 24-hour period.
Example of when the defence applies—
The driver of a fatigue-regulated heavy vehicle stops work to have 7 continuous hours of stationary rest time, but can not sleep, so the driver has only 2 continuous hours of stationary rest time and then drives on for a further 2 hours and has a further 6 continuous hours of stationary rest time at another place down the road. In the previous 24-hour period the driver had 7 continuous hours of stationary rest time.
256   Operating under BFM hours—two-up drivers
(1)  The driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement commits an offence if, in any period stated in the BFM hours for the driver, the driver—
(a)  works for more than the maximum work time stated in the BFM hours for the period; or
(b)  rests for less than the minimum rest time stated in the BFM hours for the period.
Maximum penalty—
(a)  for a minor risk breach—$4000; or
(b)  for a substantial risk breach—$6000; or
(c)  for a severe risk breach—$10000; or
(d)  for a critical risk breach—$15000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2), (3)    (Repealed)
s 256: Am 2016 No 65, sec 44.
Division 4 AFM work and rest arrangements
257   AFM hours
AFM hours are the maximum work times and minimum rest times applying, for a period, to the driver of a fatigue-regulated heavy vehicle operating under an AFM accreditation, and stated in the accreditation certificate for the accreditation.
258   Operating under AFM hours
(1)  The driver of a fatigue-regulated heavy vehicle commits an offence if, in any period stated in the AFM hours for the driver, the driver—
(a)  works for more than the maximum work time stated in the AFM hours; or
(b)  rests for less than the minimum rest time stated in the AFM hours.
Maximum penalty—
(a)  for a minor risk breach—$4000; or
(b)  for a substantial risk breach—$6000; or
(c)  for a severe risk breach—$10000; or
(d)  for a critical risk breach—$15000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2), (3)    (Repealed)
s 258: Am 2016 No 65, sec 45.
Division 5 Arrangements under work and rest hours exemption
259   Exemption hours
(1)  Exemption hours are the maximum work times and minimum rest times applying, for a period, to the driver of a fatigue-regulated heavy vehicle operating under a work and rest hours exemption, and stated in the relevant document for the exemption.
(2)  In this section—
relevant document means—
(a)  for a work and rest hours exemption (notice)—the Commonwealth Gazette notice for the exemption; or
(b)  for a work and rest hours exemption (permit)—the permit for the exemption.
260   Operating under exemption hours
(1)  The driver of a fatigue-regulated heavy vehicle operating under a work and rest hours exemption commits an offence if, in any period stated in the exemption hours for the exemption, the driver—
(a)  works for more than the maximum work time stated in the exemption hours; or
(b)  rests for less than the minimum rest time stated in the exemption hours.
Maximum penalty—
(a)  for a minor risk breach—$4000; or
(b)  for a substantial risk breach—$6000; or
(c)  for a severe risk breach—$10000; or
(d)  for a critical risk breach—$15000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2), (3)    (Repealed)
s 260: Am 2016 No 65, sec 46.
Division 6
261  (Repealed)
pt 6.3, div 6 (s 261): Rep 2016 No 65, sec 47.
Division 7 Changing work and rest hours option
262   Changing work and rest hours option
(1)  The driver of a fatigue-regulated heavy vehicle may operate under only 1 work and rest hours option at any 1 time.
(2)  However, the driver of a fatigue-regulated heavy vehicle may change from 1 work and rest hours option to a different work and rest hours option.
263   Operating under new work and rest hours option after change
(1)  The driver of a fatigue-regulated heavy vehicle must not drive the vehicle after changing from 1 work and rest hours option to a different work and rest hours option unless—
(a)  if the change is from standard hours or BFM hours, either the driver—
(i)  is in compliance with all the maximum work requirements and minimum rest requirements under the work and rest hours option to which the driver has changed; or
(ii)  has had a reset rest break; and
Examples for the purposes of paragraph (a)—
1   
If the driver of a fatigue-regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have a longer rest time than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the longer rest time or a reset rest break.
2   
If the driver of a fatigue-regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have rest time earlier than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the earlier rest time or a reset rest break.
(b)  if the change is from AFM hours or exemption hours, the driver has had a reset rest break; and
(c)  the driver complies with all other requirements of the work and rest hours option to which the driver has changed.
Example of other requirements for the purposes of paragraph (c)—
If the driver is changing to BFM hours or AFM hours, the driver must be inducted into the relevant operator’s BFM or AFM fatigue management system.
Maximum penalty—$4000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  If the driver of a fatigue-regulated heavy vehicle has had a reset rest break between changing from 1 work and rest hours option to a different work and rest hours option, the period to which the new work and rest hours option applies must be counted forward from the end of the reset rest break.
(3), (4)    (Repealed)
(5)  In this section—
reset rest break means a period of rest time of at least 48 continuous hours.
s 263: Am 2016 No 65, sec 48.
264   Duty of employer, prime contractor, operator and scheduler to ensure driver compliance
(1)  This section applies if the driver of a fatigue-regulated heavy vehicle changes from 1 work and rest hours option to a different work and rest hours option.
(2)  A relevant party for the driver must ensure, so far as is reasonably practicable, the driver—
(a)  does not drive a fatigue-regulated heavy vehicle after making the change unless the driver has complied with section 263; and
(b)  can comply with his or her obligations in relation to the change.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3), (4)    (Repealed)
(5)  In this section—
relevant party, for the driver of a fatigue-regulated heavy vehicle, means—
(a)  an employer of the driver if the driver is an employed driver; or
(b)  a prime contractor of the driver if the driver is a self-employed driver; or
(c)  an operator of the vehicle if the driver is making a journey for the operator; or
(d)  a scheduler for the vehicle.
s 264: Am 2016 No 65, sec 49.
Division 8 Exemptions relating to work times and rest times
Subdivision 1 Exemption for emergency services
265   Exemptions for emergency services [NSW]
(1)  A person who is an officer, member or member of staff of an emergency service is exempt from the provisions of this Chapter, but only in relation to the driving of a fatigue-regulated heavy vehicle in the course of undertaking work for an emergency service.
(2)  An emergency service is any of the following—
(a)  the NSW State Emergency Service established under the State Emergency Service Act 1989 of New South Wales;
(b)  Fire and Rescue NSW and any permanent fire brigade or retained fire brigade within the meaning of the Fire and Rescue NSW Act 1989 of New South Wales;
(c)  the NSW Rural Fire Service established by the Rural Fires Act 1997 of New South Wales;
(d)  the Ambulance Service of NSW within the meaning of the Health Services Act 1997 of New South Wales;
(e)  the NSW Police Force established by the Police Act 1990 of New South Wales;
(f)  New South Wales Volunteer Rescue Association Inc;
(g)  a government agency of another jurisdiction, or a body authorised under the law of another jurisdiction, that has corresponding functions to the bodies referred to in any of the above paragraphs.
(3)  The exemption provided by this section is in addition to, and does not limit the effect of, the exemption provided by section 265A.
Note—
This section is substituted for New South Wales.
s 265: Am 2018 No 59, Sch 5.1, 5.3 [2].
265A   Exemptions in relation to emergencies [NSW]
(1)  A person who is attending an emergency and who is undertaking activities with respect to the control of the emergency in the course of his or her employment or usual business activities is exempt from compliance with this Part in relation to the driving of a fatigue-regulated heavy vehicle to and from the emergency so long as subsection (2) is complied with.
(2)  Any record that would be required to be made under this Chapter if the exemption under subsection (1) were not available—
(a)  must be made as soon as practicable after the journey from the emergency is completed; and
(b)  must include a record of the following—
(i)  the time, date, location and nature of the emergency;
(ii)  if the person was asked by another person to attend the emergency, the name and contact details of that other person.
(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
(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.
Note—
This section is inserted for New South Wales.
Subdivision 2 Exemptions by Commonwealth Gazette notice
266   Regulator’s power to exempt class of drivers from particular maximum work requirements and minimum rest requirements
(1)  The Regulator may, by Commonwealth Gazette notice complying with section 270, grant an exemption to allow, for a period of not more than 3 years, a class of drivers of fatigue-regulated heavy vehicles to operate under the maximum work times and minimum rest times stated in the exemption.
(2)  An exemption under subsection (1) is a work and rest hours exemption (notice).
267   Restriction on grant of work and rest hours exemption (notice)
(1)  The Regulator may grant a work and rest hours exemption (notice) only if the Regulator is satisfied—
(a)  requiring the class of drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by—
(i)  the class of drivers; or
(ii)  relevant parties for the class of drivers; and
(b)  if the maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—the requirements applying to BFM accreditation or AFM accreditation under this Law would, having regard to the nature of the operations, be unreasonable for the operations conducted by—
(i)  the class of drivers; or
(ii)  relevant parties for the class of drivers; and
(c)  the driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and
(d)  the class of drivers to whom the exemption is to apply is likely to follow the practices consistently and effectively.
(2)  In deciding whether or not to grant a work and rest hours exemption (notice), the Regulator must have regard to the approved guidelines for granting work and rest hours exemptions.
(3)  In this section—
relevant parties, for a class of drivers of fatigue-regulated heavy vehicles, means—
(a)  employers of the class of drivers if they are employed drivers; or
(b)  prime contractors for the class of drivers if they are self-employed drivers; or
(c)  operators of fatigue-regulated heavy vehicles if the drivers of the class are to make journeys for the operators using the vehicles.
268   Conditions of work and rest hours exemption (notice)
A work and rest hours exemption (notice) may be subject to any conditions the Regulator considers appropriate, including, for example—
(a)  conditions about driver fatigue management practices that are to apply to drivers operating under the exemption; and
(b)  conditions about keeping records relating to the driver fatigue management practices; and
(c)  a condition that the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep in the driver’s possession a copy of—
(i)  the Commonwealth Gazette notice for the exemption; or
(ii)  an information sheet about the exemption published by the Regulator on the Regulator’s website.
269   Period for which work and rest hours exemption (notice) applies
A work and rest hours exemption (notice)—
(a)  takes effect—
(i)  when the Commonwealth Gazette notice for the exemption is published; or
(ii)  if a later time is stated in the Commonwealth Gazette notice, at the later time; and
(b)  applies for the period stated in the Commonwealth Gazette notice.
270   Requirements about Commonwealth Gazette notice
(1)  A Commonwealth Gazette notice for a work and rest hours exemption (notice) must state the following—
(a)  the class of drivers of fatigue-regulated heavy vehicles to which the exemption applies;
(b)  the maximum work times and minimum rest times that are to apply to drivers operating under the exemption;
(c)  the other conditions of the exemption;
(d)  the period for which the exemption applies.
(2)  The Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.
271   Amendment or cancellation of work and rest hours exemption (notice)
(1)  Each of the following is a ground for amending or cancelling a work and rest hours exemption (notice)—
(a)  since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions;
(b)  the use of fatigue-regulated heavy vehicles under the exemption has caused, or is likely to cause, a significant risk to public safety.
(2)  If the Regulator considers a ground exists to amend or cancel a work and rest hours exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5).
(3)  The Regulator must publish a public notice—
(a)  stating that the Regulator believes a ground mentioned in subsection (1)(a) or (b) for amending or cancelling the exemption exists; and
(b)  outlining the facts and circumstances forming the basis for the belief; and
(c)  stating the action the Regulator is proposing to take under this section (the proposed action); and
(d)  inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.
(4)  If, after considering all written representations made under subsection (3)(d), the Regulator still considers a ground exists to take the proposed action, the Regulator may—
(a)  if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or
(b)  if the proposed action was to cancel the exemption—
(i)  amend the exemption, including, for example, by imposing additional conditions on the exemption; or
(ii)  cancel the exemption.
(5)  The Regulator must publish a public notice of the amendment or cancellation.
(6)  The amendment or cancellation takes effect—
(a)  28 days after the Commonwealth Gazette notice is published under subsection (5); or
(b)  if a later time is stated in the Commonwealth Gazette notice, at the later time.
s 271: Am 2016 No 65, sec 128.
272   Immediate suspension
(1)  This section applies if the Regulator considers—
(a)  a ground exists to cancel a work and rest hours exemption (notice); and
(b)  it is necessary to suspend the exemption immediately to prevent or minimise serious harm to public safety.
(2)  The Regulator may, by public notice, immediately suspend the exemption until the earliest of the following—
(a)  the end of 56 days after the day the public notice is published;
(b)  the Regulator publishes a notice under section 271(5) and the amendment or cancellation takes effect under section 271(6);
(c)  the Regulator cancels the suspension by public notice.
(3)    (Repealed)
(4)  The suspension, or (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3).
(5)  This section applies despite section 271.
(6)    (Repealed)
s 272: Am 2016 No 65, sec 129.
Subdivision 3 Exemptions by permit
273   Regulator’s power to exempt drivers from particular maximum work requirements and minimum rest requirements
(1)  The Regulator may, by giving a person a permit as mentioned in section 278, grant an exemption to allow, for a period of not more than 3 years, a driver of a fatigue-regulated heavy vehicle, or a class of drivers of fatigue-regulated heavy vehicles, to operate under the maximum work times and minimum rest times stated in the exemption.
(2)  An exemption under subsection (1) is a work and rest hours exemption (permit).
(3)  The Regulator may grant a work and rest hours exemption (permit) to the operator of a fatigue-regulated heavy vehicle in combination with the operator’s BFM accreditation or AFM accreditation.
(4)  The Regulator may grant a work and rest hours exemption (permit)—
(a)  in a way that does not cover all the drivers sought by the applicant; or
(b)  setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant.
274   Application for work and rest hours exemption (permit)
(1)  Any of the following persons may apply to the Regulator for a work and rest hours exemption (permit)—
(a)  an employer of a driver of a fatigue-regulated heavy vehicle;
(b)  a prime contractor for a driver of a fatigue-regulated heavy vehicle;
(c)  an operator of a fatigue-regulated heavy vehicle;
(d)  a self-employed driver of a fatigue-regulated heavy vehicle.
(2)  The application must—
(a)  be in the approved form; and
(b)  state the following—
(i)  the period for which the exemption is sought;
(ii)  any conditions to which the exemption is sought to be subject;
(iii)  the name of the driver of a fatigue-regulated heavy vehicle to whom the exemption is sought to apply, or details of the class of drivers of fatigue-regulated heavy vehicles to whom the exemption is sought to apply;
(iv)  the proposed maximum work times and minimum rest times that would be followed by drivers operating under the exemption;
(v)  if the proposed maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—
(A)  the driver fatigue management practices that would be followed by the applicant and drivers operating under the exemption; and
(B)  how the practices would safely manage fatigue risks; and
(C)  how the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and
(c)  be accompanied by the prescribed fee for the application.
(3)  The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.
275   Restriction on grant of work and rest hours exemption (permit)
(1)  The Regulator may grant a work and rest hours exemption (permit) only if the Regulator is satisfied—
(a)  requiring the drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by the applicant; and
(b)  if the maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and
(c)  the driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and
(d)  the drivers to whom the exemption is to apply are likely to follow the practices consistently and effectively.
(2)  In deciding whether or not to grant a work and rest hours exemption (permit), the Regulator must have regard to the approved guidelines for granting work and rest hours exemptions.
276   Conditions of work and rest hours exemption (permit)
(1)  If the Regulator grants a work and rest hours exemption (permit) to the operator of a fatigue-regulated heavy vehicle in combination with the operator’s BFM accreditation or AFM accreditation, it is a condition of the exemption that the operator must comply with all the conditions of the operator’s BFM accreditation or AFM accreditation.
(2)  A work and rest hours exemption (permit) may be subject to any other conditions the Regulator considers appropriate, including, for example, conditions about—
(a)  driver fatigue management practices that are to apply to drivers operating under the exemption; and
(b)  keeping records relating to the driver fatigue management practices.
277   Period for which work and rest hours exemption (permit) applies
(1)  A work and rest hours exemption (permit) applies for the period stated in the permit for the exemption.
(2)  The period may be less than the period sought by the applicant for the work and rest hours exemption (permit).
278   Permit for work and rest hours exemption (permit) etc.
(1)  If the Regulator grants a work and rest hours exemption (permit) to a person, the Regulator must give the person—
(a)  a permit for the exemption; and
(b)  if prescribed circumstances apply to the grant of the exemption—an information notice for the prescribed circumstances.
(2)  A permit for a work and rest hours exemption (permit) must state the following—
(a)  the name of the person to whom the permit is given;
(b)  the driver of a fatigue-regulated heavy vehicle, or class of drivers of fatigue-regulated heavy vehicles, to which the exemption applies;
(c)  the maximum work times and minimum rest times that apply to drivers operating under the exemption;
(d)  the conditions of the exemption, including, if applicable, the condition mentioned in section 276(1);
(e)  the period for which the exemption applies.
(3)  In this section—
prescribed circumstances, for a work and rest hours exemption (permit), means the Regulator has—
(a)  imposed conditions on the exemption under section 276(2); or
(b)  granted the exemption in a way that does not cover all the drivers sought by the applicant for the exemption; or
(c)  granted the exemption setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant for the exemption; or
(d)  granted the exemption for a period less than the period of not more than 3 years sought by the applicant for the exemption.
279   Refusal of application for work and rest hours exemption (permit)
If the Regulator refuses an application for a work and rest hours exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.
280   Amendment or cancellation of work and rest hours exemption (permit) on application by permit holder
(1)  The holder of a permit for a work and rest hours exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.
(2)  The application must—
(a)  be in the approved form; and
(b)  be accompanied by the prescribed fee for the application; and
(c)  if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and
(d)  be accompanied by the permit.
(3)  The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.
(4)  The Regulator must decide the application as soon as practicable after receiving it.
(5)  If the Regulator decides to grant the application—
(a)  the Regulator must give the applicant notice of the decision; and
(b)  the amendment or cancellation takes effect—
(i)  when notice of the decision is given to the applicant; or
(ii)  if a later time is stated in the notice, at the later time; and
(c)  if the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.
(6)  If the Regulator decides not to amend or cancel the exemption as sought by the applicant, the Regulator must—
(a)  give the applicant an information notice for the decision; and
(b)  return the permit for the exemption to the applicant.
281   Amendment or cancellation of work and rest hours exemption (permit) on Regulator’s initiative
(1)  Each of the following is a ground for amending or cancelling a work and rest hours exemption (permit)—
(a)  the exemption was granted because of a document or representation that was—
(i)  false or misleading; or
(ii)  obtained or made in an improper way;
(b)  the holder of the permit for the exemption has contravened this Law or a corresponding fatigue law;
(c)  a driver of a fatigue-regulated heavy vehicle to whom the exemption applies has contravened this Law or a corresponding fatigue law;
(d)  since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.
(2)  If the Regulator considers a ground exists to amend or cancel a work and rest hours exemption (permit) (the proposed action), the Regulator must give the holder of the permit for the exemption a notice—
(a)  stating the proposed action; and
(b)  stating the ground for the proposed action; and
(c)  outlining the facts and circumstances forming the basis for the ground; and
(d)  if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and
(e)  inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.
(3)  If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may—
(a)  if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or
(b)  if the proposed action was to cancel the exemption—
(i)  amend the exemption, including, for example, by imposing additional conditions on the exemption; or
(ii)  cancel the exemption.
(4)  The Regulator must give the holder an information notice for the decision.
(5)  The amendment or cancellation takes effect—
(a)  when the information notice is given to the holder; or
(b)  if a later time is stated in the information notice, at the later time.
282   Immediate suspension of work and rest hours exemption (permit)
(1)  This section applies if the Regulator considers—
(a)  a ground exists to cancel a work and rest hours exemption (permit); and
(b)  it is necessary to suspend the exemption immediately to prevent or minimise serious harm to public safety.
(2)  The Regulator may, by notice (immediate suspension notice) given to the person to whom the permit for the exemption was given, immediately suspend the exemption until the earliest of the following—
(a)  the Regulator gives the holder a notice under section 281(4) and the amendment or cancellation takes effect under section 281(5);
(b)  the Regulator cancels the suspension;
(c)  the end of 56 days after the day the immediate suspension notice is given to the holder.
(3)  This section applies despite sections 280 and 281.
283   Minor amendment of work and rest hours exemption (permit)
The Regulator may, by notice given to the holder of a permit for a work and rest hours exemption (permit), amend the exemption in a minor respect—
(a)  for a formal or clerical reason; or
(b)  in another way that does not adversely affect the holder’s interests.
284   Return of permit
(1)  If a person’s work and rest hours exemption (permit) is amended or cancelled, the Regulator may, by notice given to the person, require the person to return the person’s permit for the exemption to the Regulator.
(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.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.
285   Replacement of defaced etc. permit
(1)  If a person’s permit for a work and rest hours exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit.
Maximum penalty—$4000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.
(3)  If the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.
Subdivision 4 Offences relating to operating under work and rest hours exemption etc.
286   Contravening condition of work and rest hours exemption
(1)  A person must not contravene a condition of a work and rest hours exemption.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  In this section—
condition, of a work and rest hours exemption, does not include—
(a)  a condition mentioned in section 287(1); or
(b)  anything stating the exemption hours for the exemption.
287   Keeping relevant document while operating under work and rest hours exemption (notice)
(1)  This section applies if a work and rest hours exemption (notice) is subject to the condition that the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep a relevant document in the driver’s possession.
(2)  A driver of the fatigue-regulated heavy vehicle who is operating under the work and rest hours exemption (notice) must comply with the condition.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(4)–(6)    (Repealed)
(7)  In this section—
relevant document, for a work and rest hours exemption (notice), means a copy of—
(a)  the Commonwealth Gazette notice for the exemption; or
(b)  an information sheet about the exemption published by the Regulator on the Regulator’s website.
relevant party, for the driver of a fatigue-regulated heavy vehicle, means—
(a)  an employer of the driver if the driver is an employed driver; or
(b)  a prime contractor of the driver if the driver is a self-employed driver; or
(c)  an operator of the vehicle if the driver is making a journey for the operator.
s 287: Am 2016 No 65, sec 50.
288   Keeping copy of permit while driving under work and rest hours exemption (permit)
(1)  The driver of a fatigue-regulated heavy vehicle who is driving the vehicle under a work and rest hours exemption (permit) must keep a copy of the permit for the exemption in the driver’s possession.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  If the driver of a fatigue-regulated heavy vehicle is operating under a work and rest hours exemption (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1), the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver—
(a)  stops working for the relevant party; or
(b)  stops operating under the relevant party’s exemption; or
(c)  no longer meets the requirements relating to drivers under the relevant party’s exemption.
Maximum penalty—$4000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(4)–(6)    (Repealed)
(7)  In this section—
relevant party, for the driver of a fatigue-regulated heavy vehicle, means—
(a)  an employer of the driver if the driver is an employed driver; or
(b)  a prime contractor of the driver if the driver is a self-employed driver; or
(c)  an operator of the vehicle if the driver is making a journey for the operator.
s 288: Am 2016 No 65, sec 51.
Part 6.4 Requirements about record keeping
Division 1 Preliminary
289   What is 100km work and 100+km work
(1)  The driver of a fatigue-regulated heavy vehicle is undertaking 100km work if the driver is driving in an area with a radius of 100km or less from the driver’s base.
(2)  The driver of a fatigue-regulated heavy vehicle is undertaking 100+km work if the driver is driving in an area with a radius of more than 100km from the driver’s base.
(3)  To remove any doubt, it is declared that the driver of a fatigue-regulated heavy vehicle to whom subsection (2) applies—
(a)  is taken to be undertaking 100+km work even while the driver is driving in an area within a radius of 100km or less from the driver’s base; and
(b)  if the driver is required to record information in a work diary under this Part, must record particulars of the journey in the driver’s work diary from the beginning of the journey.
290   What is a driver’s record location
The record location of the driver of a fatigue-regulated heavy vehicle is—
(a)  if the driver’s record keeper has advised the driver of the place that is the driver’s record location—the place advised; or
(b)  otherwise—the driver’s base.
Division 2 Work diary requirements
Subdivision 1 Requirement to carry work diary
291   Application of Sdiv 1
This Subdivision applies if the driver of a fatigue-regulated heavy vehicle—
(a)  is undertaking 100+km work under standard hours; or
(b)  was undertaking 100+km work under standard hours in the last 28 days; or
(c)  is working under BFM hours, AFM hours or exemption hours; or
(d)  was working under BFM hours, AFM hours or exemption hours in the last 28 days.
292   Meaning of work diary for Sdiv 1
(1)  In this Subdivision, a reference to a work diary in relation to the driver of a fatigue-regulated heavy vehicle is a reference to the following—
(a)  if the driver has used only 1 or more written work diaries in the last 28 days—
(i)  the written work diary the driver is currently using; and
(ii)  any filled-up written work diary the driver has used during the last 28 days;
(b)  if the driver has used only 1 or more electronic work diaries in the last 28 days—information in each electronic work diary relating to any period during the last 28 days;
(c)  if the driver has used a combination of 1 or more written work diaries and 1 or more electronic work diaries in the last 28 days—
(i)  each of the written work diaries the driver is using or has used during the last 28 days; and
(ii)  the information in each of the electronic work diaries the driver is using or has used during the last 28 days that relates to any period during the last 28 days.
(iii), (iv)    (Repealed)
(2)  If the driver has made a supplementary record in the last 28 days, for this Subdivision, the supplementary record is taken to be part of the driver’s work diary.
Note—
Section 305(4) provides in effect that a driver can no longer use a supplementary record if the driver is issued with a new work diary, the driver’s existing electronic work diary is made capable of recording new information or is brought back into working order, or 7 business days have expired (whichever first happens).
s 292: Am 2015 No 12, sec 25.
293   Driver of fatigue-regulated heavy vehicle must carry work diary
(1)  The driver of a fatigue-regulated heavy vehicle must—
(a)  keep a work diary; and
(b)  ensure—
(i)  the driver’s work diary records the information required to be recorded under Subdivision 2 for each day in the previous 28 days; and
(ii)  the driver’s work diary is in the driver’s possession while the driver is driving the vehicle.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
Notes—
1   
For the requirement to record particular information in a supplementary record if the work diary of the driver of a fatigue-regulated heavy vehicle is filled up, destroyed, lost, stolen or, for an electronic diary, is malfunctioning, see section 305.
2   
Under section 568, an authorised officer may require the driver of a fatigue-regulated heavy vehicle to produce for inspection the driver’s work diary.
(2)  Subsection (1) applies irrespective of the number of days in the previous 28 days the driver spent working in relation to a fatigue-regulated heavy vehicle.
(3)  In a proceeding for an offence against subsection (1) relating to the driver failing to keep a work diary containing particular information, it is a defence for the driver to prove that—
(a)  the information was recorded in a work diary that, at the time of the offence, has been destroyed (other than by the driver) or lost or stolen; or
(b)  the information was—
(i)  recorded in an electronic work diary; and
(ii)  destroyed or lost as a result of a malfunction of the electronic work diary before the information was given to the driver’s record keeper or recorded in any other way.
Subdivision 2 Information required to be included in work diary
294   Purpose of and definition for Sdiv 2
(1)  This Subdivision provides for the information the driver of a fatigue-regulated heavy vehicle must record in the driver’s work diary for each day on which the driver—
(a)  undertakes 100+km work under standard hours; or
(b)  works under BFM hours, AFM hours or exemption hours.
(2)  In this Subdivision—
required information means information required by the national regulations under section 295 to be recorded in the driver’s work diary.
295   National regulations for information to be included in work diary
(1)  The national regulations may provide for—
(a)  the information that is to be recorded in the driver’s work diary; and
(b)  the manner in which information is to be recorded in the driver’s work diary; and
(c)  any other matter relating to information that is to be recorded in the driver’s work diary.
(2)  Without limiting subsection (1), the national regulations may provide—
(a)  for information to be recorded on a daily basis (including each period of work time and rest time the driver has on a day) or on some other stated basis; and
(b)  for information to be recorded immediately before or after a period of work time or rest time; and
(c)  for information to be recorded when finishing work for a day; and
(d)  for information to be recorded when there is a change of the driver’s base; and
(e)  for information to be recorded when there is a change of the driver’s record location; and
(f)  for information to be recorded regarding the parties to a two-up driving arrangement.
(3)  Without limiting subsections (1) and (2), the national regulations may provide that, if the driver stops working on a day and starts a major rest break that will continue until the end of the day, the driver may stop recording information for the day when the driver stops working and starts the major rest break.
296   Recording information under the national regulations—general
(1)  The driver must record the required information in the driver’s work diary in the manner and at the time prescribed by the national regulations.
Maximum penalty—$1500.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  Subsection (1) does not apply to information to which section 297 applies.
297   Information required to be recorded immediately after starting work
(1)  This section applies to required information that the national regulations specify for the purposes of this section as required to be recorded immediately after the driver starts work on a day.
(2)  The driver must record the required information to which this section applies immediately after starting work on a day.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  In a proceeding for an offence against subsection (2) in relation to the failure of the driver to record information immediately after starting to undertake 100+km work under standard hours on a day, it is a defence for the driver to prove that at the time of the offence—
(a)  the driver was unaware that the driver would be undertaking 100+km work under standard hours on the day; and
(b)  the driver recorded the information in the driver’s work diary as soon as practicable after becoming aware that the driver would be undertaking 100+km work under standard hours on the day.
s 297: Am 2015 No 12, sec 67 and Sch.
298   Failing to record information about odometer reading
(1)  The driver of a fatigue-regulated heavy vehicle must record the odometer reading in the manner prescribed by the national regulations if and when required to do so by the national regulations.
Maximum penalty—$1500.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  In a proceeding for the offence against subsection (1), it is a defence for the driver to prove that—
(a)  at the time of the offence, the odometer was malfunctioning; and
(b)  the driver has complied with section 397.
299   Two-up driver to provide details
If the driver is a party to a two-up driving arrangement, the driver must, at the request of the other driver (the other driver) who is a party to the arrangement, provide the other driver with the details relating to the arrangement that are prescribed by the national regulations for the purposes of this section.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
Subdivision 3 How information must be recorded in work diary
300   Purpose of Sdiv 3
This Subdivision states how the driver of a fatigue-regulated heavy vehicle who is required to record information in the driver’s work diary under Subdivision 2 must record the information.
301   Recording information in written work diary
If the driver’s work diary is a written work diary, the driver must record information in the work diary in the following way—
(a)  the information for each day must be written on a separate daily sheet in the work diary that has not been cancelled by the Regulator;
(b)  if, on a day, the driver changes the work and rest hours option under which the driver is working, the information for the part of the day after the change must be written on a separate daily sheet in the work diary that has not been cancelled by the Regulator;
(c)  information must be written on a daily sheet in the way stated in the instructions in the work diary for recording information on daily sheets;
(d)  the daily sheets in the work diary must be used in turn from the front of the work diary;
(e)  each daily sheet must be—
(i)  signed and dated by the driver; and
(ii)  if the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement;
(f)  information must be written on a daily sheet with enough pressure to ensure a readable record of the information appears on the duplicate daily sheets;
(g)  information recorded other than on a daily sheet must be written in the work diary in the way stated in the instructions in the work diary for the recording of the information.
Maximum penalty—$1500.
Editorial note—
See also section 737 (Increase of penalty amounts).
302   Recording information in electronic work diary
If the driver’s work diary is an electronic work diary, the driver must record information in the work diary in a way complying with—
(a)  if the Regulator has, when approving the electronic recording system constituting the work diary, or of which the work diary is a part, imposed any conditions in relation to the way information must be recorded in the work diary—those conditions; and
(b)  the manufacturer’s instructions, if any, for recording information in the electronic work diary, to the extent the instructions are consistent with the conditions mentioned in paragraph (a).
Maximum penalty—$1500.
Editorial note—
See also section 737 (Increase of penalty amounts).
Note—
The Regulator may impose conditions on the use of an electronic recording system under section 343.
s 302: Am 2015 No 12, sec 26.
303   Time zone of driver’s base must be used
The driver must record time in the driver’s work diary according to the time zone in the place where the driver’s base is, rather than the time zone in the place where the driver is.
Maximum penalty—$1500.
Editorial note—
See also section 737 (Increase of penalty amounts).
Note—
See also section 248, which requires that time periods be counted by reference to the time zone of a driver’s base when the driver’s journey involves travelling into a different time zone.
Subdivision 4 Requirements about work diaries that are filled up etc.
304   Application of Sdiv 4
This Subdivision applies to the driver of a fatigue-regulated heavy vehicle who is required to record information in the driver’s work diary under Subdivision 2 if—
(a)  for a driver who uses a written work diary—the driver’s work diary has been filled up, destroyed, lost or stolen; or
(b)  for a driver who uses an electronic work diary—the driver’s work diary—
(i)  has been filled up, destroyed, lost or stolen; or
(ii)  is not in working order because a part of the diary has been destroyed, lost or stolen; or
(iii)  is malfunctioning or has malfunctioned.
305   Driver must make supplementary records in particular circumstances
(1)  During any period in which the driver of a fatigue-regulated heavy vehicle is unable to use the driver’s work diary (the existing work diary) because of circumstances mentioned in section 304(a) or (b), the driver must record in a supplementary record the information the driver is required under Subdivision 2 to record for the period (the required information).
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
Note—
Under Subdivision 1, the driver of a fatigue-regulated heavy vehicle must keep a supplementary record for 28 days after it is made as part of the driver’s work diary. See sections 292(2) and 293.
Also, under section 341, the driver’s record keeper must keep the supplementary record for at least 3 years after it is made (if the record keeper is the driver) or received by the record keeper (if the record keeper is not the driver). However, the period can be less than 3 years if a condition of an exemption states a record must be kept for a period of less than 3 years.
(2)  For a supplementary record that is not in electronic form, the required information must be recorded in the record as follows—
(a)  the information for each day must be written on a separate page of the record;
(b)  if, on a day, the driver changes the work and rest hours option under which the driver is working, the information for the part of the day after the change must be written on a separate page of the record;
(c)  each page of the record must be—
(i)  signed and dated by the driver; and
(ii)  if the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  The driver must record time in the supplementary record according to the time zone in the place where the driver’s base is, rather than the time zone in the place where the driver is.
Maximum penalty—$1500.
Editorial note—
See also section 737 (Increase of penalty amounts).
(4)  Subsections (1) to (3) cease to apply—
(a)  if the existing work diary is a written work diary, when the first of the following happens—
(i)  the driver is issued a new written work diary, or obtains an electronic work diary that is in working order;
(ii)  the expiry of 7 business days after the day on which the driver starts recording information under this section; or
(b)  if the existing work diary is an electronic work diary, when the first of the following happens—
(i)  the driver obtains a new electronic work diary that is in working order, or a written work diary;
(ii)  the existing work diary is—
(A)  if the diary is filled up—made capable of recording new information; or
(B)  if the diary is not in working order as mentioned in section 304(b)(ii) or is malfunctioning—brought into working order;
(iii)  the expiry of 7 business days after the day on which the driver starts recording information under this section.
Note—
If one of the circumstances in subsection (4) applies, a driver may no longer use a supplementary record to record the information required to be recorded under Subdivision 2, and if the driver does not begin to keep a work diary in accordance with section 293 then the driver commits an offence against that section.
(5)  In this section—
supplementary record means a record that—
(a)  is not made in a written or electronic work diary; but
(b)  is in a similar form to a written or electronic work diary.
s 305: Am 2015 No 12, sec 27.
306   Driver must notify Regulator if written work diary filled up etc.
Within 2 business days after the driver of a fatigue-regulated heavy vehicle becomes aware that the driver’s written work diary has been filled up, destroyed, lost or stolen, the driver must notify the Regulator in the approved form of that happening.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
307   Driver who is record keeper must notify Regulator if electronic work diary filled up etc.
(1)  This section applies if the driver of a fatigue-regulated heavy vehicle who is his or her own record keeper—
(a)  becomes aware that the driver’s electronic work diary has been filled up, destroyed, lost or stolen or is not in working order as mentioned in section 304(b)(ii); or
(b)  becomes aware or has reason to suspect that the driver’s electronic work diary is malfunctioning or has malfunctioned.
(2)  The driver must notify the Regulator in the approved form of the matter within 2 business days.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  Within a period required by the Regulator, the driver must ensure the electronic work diary is examined and brought into working order.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
s 307: Am 2015 No 12, sec 28.
308   What driver must do if lost or stolen written work diary found or returned
(1)  If a lost or stolen written work diary (the old work diary) is found by or returned to the driver of a fatigue-regulated heavy vehicle after a replacement work diary has been issued to the driver, the driver must do the following—
(a)  immediately cancel any unused daily sheets in the old work diary;
(b)  if the old work diary is found or returned within 28 days after it was lost or stolen—
(i)  immediately notify the Regulator in the approved form that it has been found or returned; and
(ii)  give it to the Regulator within 2 business days after the 28-day period ends;
(c)  if the old work diary is found or returned later than 28 days after it was lost or stolen—give it to the Regulator as soon as practicable after it is found or returned.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  If a driver of a fatigue-regulated heavy vehicle gives a previously lost or stolen written work diary to the Regulator under subsection (1), the Regulator must—
(a)  if the driver has not complied with subsection (1)(a), cancel any unused daily sheets in the work diary; and
(b)  return the work diary to the driver.
309   Driver must notify record keeper if electronic work diary filled up etc.
(1)  This section applies if—
(a)  the driver of a fatigue-regulated heavy vehicle—
(i)  becomes aware that the driver’s electronic work diary has been filled up, destroyed, lost or stolen or is not in working order as mentioned in section 304(b)(ii); or
(ii)  becomes aware or has reason to suspect that the driver’s electronic work diary is malfunctioning or has malfunctioned; and
(b)  the driver’s record keeper is a person other than the driver.
(2)  The driver must, within 2 business days after the driver becomes aware of the matter, inform the driver’s record keeper of the matter.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
s 309: Am 2015 No 12, sec 67 and Sch.
310   Intelligent access program reporting entity must notify record keeper if approved electronic recording system malfunctioning
(1)  This section applies if—
(a)  an approved electronic recording system—
(i)  constitutes an electronic work diary or has a part that constitutes an electronic work diary; and
(ii)  is or is part of an approved intelligent transport system; and
(b)  an intelligent access program reporting entity for the approved intelligent transport system becomes aware or has reason to suspect that the approved electronic recording system is malfunctioning or has malfunctioned.
(2)  The intelligent access program reporting entity must inform the driver’s record keeper of the matter within 2 business days.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
s 310: Am 2016 No 65, sec 139.
311   What record keeper must do if electronic work diary filled up
(1)  This section applies if—
(a)  the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and
(b)  the driver uses an electronic work diary supplied to the driver by the record keeper; and
(c)  the record keeper becomes aware or has reason to suspect that the electronic work diary has been filled up.
(2)  The record keeper must, as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter—
(a)  either—
(i)  make the electronic work diary capable of recording new information; or
(ii)  give the driver a new electronic work diary that is in working order; and
(b)  if the record keeper removes any information relating to any period during the last 28 days from the work diary to make it capable of recording new information—give the driver the removed information in a way that makes the information readily available to the driver; and
(c)  notify the Regulator in the approved form that the electronic work diary has been filled up.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  If the record keeper has engaged another person under a contract for services to comply with subsection (2) for the record keeper—
(a)  the record keeper remains liable for an offence against subsection (2); and
(b)  the other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection.
(4), (5)    (Repealed)
s 311: Am 2015 No 12, sec 29; 2016 No 65, sec 52.
312   What record keeper must do if electronic work diary destroyed, lost or stolen
(1)  This section applies if—
(a)  the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and
(b)  the driver uses an electronic work diary supplied to the driver by the record keeper; and
(c)  the record keeper becomes aware or has reason to suspect that the electronic work diary has been destroyed, lost or stolen.
(2)  The record keeper must, as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter—
(a)  inform the driver that the electronic work diary has been destroyed, lost or stolen unless the driver informed the record keeper about the fault under section 309; and
(b)  give the driver an electronic work diary that is in working order; and
(c)  give the driver any information, in a way that makes the information readily available to the driver, that was in the destroyed, lost or stolen electronic work diary that—
(i)  is accessible to the record keeper; and
(ii)  relates to any period during the last 28 days; and
(iii)  is not stored in the new electronic work diary.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  The record keeper must within 2 business days notify the Regulator in the approved form that the electronic work diary has been destroyed, lost or stolen, unless the record keeper has a reasonable excuse.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(4)  If the record keeper has engaged another person under a contract for services to comply with subsection (2) or (3) for the record keeper—
(a)  the record keeper remains liable for an offence against subsection (2) or (3); and
(b)  the other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection.
(5), (6)    (Repealed)
s 312: Am 2015 No 12, sec 30; 2016 No 65, sec 53.
313   What record keeper must do if electronic work diary not in working order or malfunctioning
(1)  This section applies if—
(a)  the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and
(b)  the driver uses an electronic work diary supplied to the driver by the record keeper; and
(c)  the record keeper becomes aware of, or has reason to suspect, either of the following matters—
(i)  that the electronic work diary is not in working order;
(ii)  that the electronic work diary is malfunctioning or has malfunctioned.
Note—
The record keeper may become aware as mentioned in paragraph (c) whether or not the record keeper has been informed by the driver under section 309 or an intelligent access program reporting entity under section 310.
(2)  The record keeper must as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter inform the driver about the matter unless the driver informed the record keeper about the matter under section 309.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  The record keeper must, after becoming aware of the matter or having reason to suspect the matter—
(a)  as soon as reasonably practicable, direct the driver in the approved form to use a supplementary record in compliance with section 305; and
(b)  as soon as reasonably practicable, give the driver information that was in the electronic work diary, in a way that makes the information readily available to the driver, that—
(i)  is accessible to the record keeper; and
(ii)  relates to any period during the last 28 days; and
(ii)  is not stored in the electronic work diary because the electronic work diary is not in working order or is malfunctioning or has malfunctioned; and
(c)  within 2 business days, notify the Regulator in the approved form that the electronic work diary is not in working order or is malfunctioning or has malfunctioned, unless the record keeper has a reasonable excuse; and
(d)  within a period required by the Regulator, ensure the electronic work diary is examined and brought into working order and is not malfunctioning.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(4)  Subsection (5) applies if the driver of the vehicle changes during any period that is relevant to the duties imposed on the record keeper by subsection (2) or (3).
(5)  Each reference to the driver in subsection (2) or (3) is a reference to the driver of the vehicle when the record keeper acts under the subsection.
(6)  If the record keeper has engaged another person under a contract for services to comply with subsection (2) or (3) for the record keeper—
(a)  the record keeper remains liable for an offence against subsection (2) or (3); and
(b)  the other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection.
(7)  Subsection (6) does not apply if the other person is engaged under a contract for services only to repair or otherwise bring the electronic work diary into working order.
Example for the purposes of subsection (7)—
A person in the business of repairing electronic recording systems is engaged under a contract for services to repair or otherwise bring the electronic work diary into working order on behalf of the record keeper.
(8), (9)    (Repealed)
s 313: Am 2015 No 12, sec 31; 2016 No 65, secs 54, 139.
Subdivision 5 Use of electronic work diaries
314   How electronic work diary must be used
(1)  This section applies if the driver of a fatigue-regulated heavy vehicle who is required to record information in the driver’s work diary under Subdivision 2 uses an electronic work diary.
(2)  The driver must use the electronic work diary in a way complying with—
(a)  any conditions applying under this Law or a corresponding fatigue law in relation to the use of the approved electronic recording system constituting the work diary or of which the work diary is a part; and
(b)  the manufacturer’s specifications for the electronic recording system that is or includes the work diary, to the extent the specifications are consistent with the conditions mentioned in paragraph (a).
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
Note—
The Regulator may impose conditions on the use of an electronic recording system under section 343.
(3)  The record keeper of a driver of a fatigue-regulated heavy vehicle who uses an electronic work diary must ensure the driver complies with the requirements of subsection (2).
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(4)  In a proceeding for an offence against subsection (2) or (3) involving a person failing to comply with a particular specification of the manufacturer of an electronic recording system, it is a defence for the person to prove that—
(a)  the specification was not integral to the effective operation of the electronic recording system; or
(b)  what was done or not done in relation to the specification was in accordance with industry practice in relation to the handling or maintenance of an electronic recording system of that type from that manufacturer.
Subdivision 6 Extended liability
315   Ensuring driver complies with Sdivs 1–4
(1)  Each responsible party for the driver of a fatigue-regulated heavy vehicle must ensure, so far as is reasonably practicable, the driver complies with each of Subdivisions 1, 2, 3 and 4 so far as they are applicable.
Maximum penalty—$6000.
(2)  In this section—
responsible party, for the driver of a fatigue-regulated heavy vehicle, means—
(a)  if the driver is an employed driver—an employer of the driver; or
(b)  if the driver is a self-employed driver—a prime contractor of the driver; or
(c)  an operator of the vehicle; or
(d)  a scheduler for the vehicle.
s 315: Subst 2016 No 65, sec 55.
Division 3 Records relating to drivers
Subdivision 1 Preliminary
316   Application of Div 3
This Division—
(a)  applies in relation to each record keeper for the driver of a fatigue-regulated heavy vehicle; and
(b)  if there is more than 1 record keeper for the driver of a fatigue-regulated heavy vehicle—applies only to the extent the driver is carrying out work in relation to which the record keeper is a record keeper for the driver.
Example for the purposes of paragraph (b)—
The driver of a fatigue-regulated heavy vehicle is an employed driver employed by employer A and employer B, each of whom is a record keeper of the driver. A’s obligations to record information under this Division apply only to the extent the information is about the work the driver carries out for A.
For example, under section 319, A need only record the registration numbers of the fatigue-regulated heavy vehicles the driver drives for carrying out work for A and the work times and rest times of the driver while carrying out that work. A does not need to record the registration numbers for the fatigue-regulated heavy vehicles the driver drives for carrying out work for B or the work times and rest times of the driver while carrying out that work.
317   Who is a driver’s record keeper
The following person is the record keeper for the driver of a fatigue-regulated heavy vehicle—
(a)  if the driver is operating under a BFM accreditation or AFM accreditation of an operator of the vehicle or a work and rest hours exemption (permit) granted in combination with an operator’s BFM accreditation or AFM accreditation—the operator;
(b)  otherwise—
(i)  for an employed driver of a fatigue-regulated heavy vehicle—the driver’s employer; or
(ii)  for a self-employed driver of a fatigue-regulated heavy vehicle—the driver.
Subdivision 2 Record keeping obligations relating to drivers undertaking 100km work under standard hours
318   Application of Sdiv 2
This Subdivision applies in relation to the driver of a fatigue-regulated heavy vehicle who is undertaking only 100km work under standard hours.
319   Records record keeper must have
(1)  The driver’s record keeper must, unless the record keeper has a reasonable excuse—
(a)  record the following information within the prescribed period—
(i)  the driver’s name and contact details;
(ii)  the driver’s current driver licence number and the jurisdiction in which the licence was issued;
(iii)  the dates on which the driver drives a fatigue-regulated heavy vehicle on a road;
(iv)  the registration number for each fatigue-regulated heavy vehicle the driver drives, being—
(A)  in the case of a vehicle that is not in a combination—that vehicle; or
(B)  in the case of a vehicle that is in a combination—the towing vehicle in the combination;
(v)  the total of the driver’s work times and rest times on each day on which the driver drives a fatigue-regulated heavy vehicle;
(vi)  the total of the driver’s work times and rest times for each week during which the driver drives a fatigue-regulated heavy vehicle;
(vii)  the driver’s rosters and trip schedules, including details of driver changeovers;
(viii)  the location of the driver’s base;
(ix)  if the location of the driver’s base changes—the date on which the location changes; and
(b)  keep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  A requirement imposed on a record keeper by subsection (1)(a)(ii) to (vi) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provisions.
(3)  If the record keeper has engaged another person under a contract for services to comply with subsection (1) for the record keeper—
(a)  the record keeper remains liable for an offence against subsection (1); and
(b)  the other person is also liable for an offence against subsection (1) as if the other person were the record keeper mentioned in the subsection.
(4), (5)    (Repealed)
(6)  In this section—
prescribed period, for recording information mentioned in subsection (1) relating to the driver of a fatigue-regulated heavy vehicle, means—
(a)  if the driver’s record keeper is the driver—within 24 hours after the driver stops working on a day for which the information is relevant; or
(b)  if the driver’s record keeper is a person other than the driver—as soon as possible after the person receives the information.
s 319: Am 2015 No 12, sec 32; 2016 No 65, sec 56; 2018 No 10, sec 22; 2019 No 29, sec 17.
319A   General requirements about driver recording and giving information to record keeper
(1)  This section applies if the driver’s record keeper on a relevant day is a person other than the driver.
(2)  The driver must, unless the driver has a reasonable excuse—
(a)  within 24 hours after the driver stops working on the relevant day, record the information mentioned in section 319(1)(a)(iii) to (vi) for that day; and
(b)  within 21 days after the relevant day, give the information mentioned in section 319(1) for that day to the driver’s record keeper.
Maximum penalty—$3000.
(3)  The requirement imposed on the driver by subsection (2)(a) is taken to be satisfied if the record keeper records the information within the period mentioned in the provision.
(4)  The requirement imposed on the driver by subsection (2)(b) is taken to be satisfied if the record keeper obtains the information within the period mentioned in the provision in any way, including, for example, because the information is recorded—
(a)  in an electronic work diary used by the driver, the information in which is maintained by the record keeper; or
(b)  by the record keeper.
(5)  The record keeper must, so far as is reasonably practicable, ensure the driver complies with subsection (2)(b).
Maximum penalty—$3000.
(6)  If the record keeper has engaged another person under a contract for services to comply with subsection (5) for the record keeper—
(a)  the record keeper remains liable for an offence against subsection (5); and
(b)  the other person is also liable for an offence against subsection (5) as if the other person were the record keeper mentioned in the subsection.
(7)  In this section—
relevant day means a day on which the driver drives a fatigue-regulated heavy vehicle on a road.
s 319A: Ins 2018 No 10, sec 23.
Subdivision 3 Record keeping obligations relating to drivers undertaking 100+km work under standard hours or operating under BFM hours, AFM hours or exemption hours
320   Application of Sdiv 3
This Subdivision applies in relation to the driver of a fatigue-regulated heavy vehicle who is—
(a)  undertaking 100+km work under standard hours; or
(b)  operating under BFM hours, AFM hours or exemption hours.
321   Records record keeper must have
(1)  The driver’s record keeper must, unless the record keeper has a reasonable excuse—
(a)  record the following information within the prescribed period—
(i)  the driver’s name and contact details;
(ii)  the driver’s current driver licence number and the jurisdiction in which the licence was issued;
(iii)  the driver’s rosters and trip schedules, including details of driver changeovers; and
(b)  keep a copy of all duplicate pages, if any, and other copies of work diary entries, including any entry made in a supplementary record—
(i)  given to the record keeper under section 322; or
(ii)  as required to be made by the record keeper as a self-employed driver under Division 2; and
(c)  keep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  The requirement imposed on the record keeper by subsection (1)(a)(ii) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provision.
(3)  If the driver is operating under BFM hours or AFM hours, the record keeper must, unless the record keeper has a reasonable excuse, also record the following information—
(a)  the information required to be kept by the record keeper as a condition of the BFM accreditation or AFM accreditation under which the driver is operating;
(b)  the information required to be kept by the record keeper under the BFM standards and business rules or AFM standards and business rules.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
Note—
See also section 470 for other record-keeping requirements applying to a record keeper who is an operator operating under a BFM accreditation or AFM accreditation.
(4)  If the record keeper has engaged another person under a contract for services to comply with subsection (1) or (3) for the record keeper—
(a)  the record keeper remains liable for an offence against the subsection; and
(b)  the other person is also liable for an offence against the subsection as if the other person were the record keeper mentioned in the subsection.
(5), (6)    (Repealed)
(7)  This section does not apply to the record keeper for the driver of a fatigue-regulated heavy vehicle who—
(a)  is exempt from the requirements of Division 2 under section 356; or
(b)  is operating under a work diary exemption (notice).
Note—
A record keeper for the driver of a fatigue-regulated heavy vehicle who is not exempt from the requirements of Division 2 under section 356 and who is operating under a work diary exemption (permit) is not exempt from this section and therefore is subject to its requirements.
(8)  In this section—
AFM standards and business rules has the meaning given by section 457.
BFM standards and business rules has the meaning given by section 457.
prescribed period, for recording information mentioned in subsection (1) relating to the driver of a fatigue-regulated heavy vehicle, means—
(a)  if the driver’s record keeper is the driver—within 24 hours after the driver stops working on a day for which the information is relevant; or
(b)  if the driver’s record keeper is a person other than the driver—as soon as possible after the person receives the information.
s 321: Am 2015 No 12, sec 33; 2016 No 65, sec 57.
322   General requirements about driver giving information to record keeper
(1)  This section applies if—
(a)  the driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2; and
(b)  the driver’s record keeper is a person other than the driver.
(2)  The driver must, within 21 days after the day on which the driver drove the vehicle, give a copy of the work diary entry recording the information, including any entry made in a supplementary record recording the information for that day, to each person who was a record keeper for the driver on that day, unless the driver has a reasonable excuse.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  The requirement imposed on the driver by subsection (2) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provision.
(4)  The record keeper must ensure, so far as is reasonably practicable, the driver complies with subsection (2).
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(5)  If the record keeper has engaged another person under a contract for services to comply with subsection (4) for the record keeper—
(a)  the record keeper remains liable for an offence against subsection (4); and
(b)  the other person is also liable for an offence against subsection (4) as if the other person were the record keeper mentioned in the subsection.
(6), (7)    (Repealed)
s 322: Am 2015 No 12, sec 34; 2016 No 65, sec 58.
323   Requirements about driver giving information to record keeper if driver changes record keeper
(1)  This section applies if—
(a)  the driver of a fatigue-regulated heavy vehicle is, or was in the previous 28 days, required to record information in the driver’s work diary under Division 2; and
(b)  the driver changes record keepers; and
(c)  the new record keeper is a person other than the driver.
(2)  The driver must, before driving a fatigue-regulated heavy vehicle for the driver’s new record keeper, give the new record keeper a copy of information the driver recorded in a work diary in the 28 days before the change happened that relates to that 28-day period, unless the driver has a reasonable excuse.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  The new record keeper must ensure, so far as is reasonably practicable, the driver complies with subsection (2).
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(4)  The requirement imposed on the driver or the record keeper by subsection (2) or (3) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the subsection.
(5)  If the new record keeper has engaged another person under a contract for services to comply with subsection (3) for the new record keeper—
(a)  the new record keeper remains liable for an offence against subsection (3); and
(b)  the other person is also liable for an offence against subsection (3) as if the other person were the new record keeper mentioned in the subsection.
(6), (7)    (Repealed)
s 323: Am 2015 No 12, sec 35; 2016 No 65, sec 59.
324   Record keeper must give information from electronic work diary
(1)  This section applies if—
(a)  the driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2; and
(b)  the driver’s record keeper is a person other than the driver; and
(c)  the driver is using an electronic work diary supplied to the driver by the driver’s record keeper.
(2)  If the driver stops using the electronic work diary, the driver’s record keeper must immediately give the driver, in a way that makes the information readily available to the driver, the information recorded in the work diary for each day on which the driver was using the electronic work diary, unless the record keeper has a reasonable excuse.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  If the record keeper has engaged another person under a contract for services to comply with subsection (2) for the record keeper—
(a)  the record keeper remains liable for an offence against subsection (2); and
(b)  the other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection.
(4), (5)    (Repealed)
s 324: Am 2015 No 12, sec 36; 2016 No 65, sec 60.
324A   Record keeper must give record to driver if requested
(1)  This section applies if—
(a)  the driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2; and
(b)  the driver’s record keeper is a person other than the driver; and
(c)  the driver requests a record held under this Division by the record keeper.
(2)  The driver’s record keeper must, as soon as reasonably practicable—
(a)  give the driver a copy of the record, or make the record available to the driver; or
(b)  if the information is recorded in an electronic work diary—give the driver, in a way that makes the information readily available to the driver, the information recorded in the work diary.
Maximum penalty—$1500.
Editorial note—
See also section 737 (Increase of penalty amounts).
s 324A: Ins 2015 No 12, sec 37.
Division 4 Provisions about false representations relating to work records
325   False or misleading entries
(1)  A person must not record something in a work record that the person knows, or ought reasonably to know, is false or misleading.
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
Note—
See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.
(2)  In a proceeding for an offence against subsection (1), it is enough for a charge to state that the entry was ‘false or misleading’, without specifying whether it was false or whether it was misleading.
s 325: Am 2016 No 65, sec 61.
326   When possessing, or recording information in, more than 1 work diary relating to the same period is prohibited
(1)  The driver of a fatigue-regulated heavy vehicle must not have in the driver’s possession more than 1 written work diary in which information can be recorded on a daily sheet.
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  The driver of a fatigue-regulated heavy vehicle must not record information for the same period in—
(a)  a written work diary and an electronic work diary; or
(b)  more than 1 electronic work diary.
Example—
The driver of a fatigue-regulated heavy vehicle works for A and B. The driver keeps a written work diary for work done for A and an electronic work diary for work done for B. On a particular day, the driver works from 1p.m. to 5p.m. for A and from 6p.m. to 11p.m. for B.
The driver must record the information about the period between 1p.m. and 5p.m. in the written work diary kept for A, and the information for the period between 6p.m. and 11p.m. in the electronic work diary kept for B.
The driver must not record information about the period between 1p.m. and 5p.m., or the period between 6p.m. to 11p.m., in both the written work diary and electronic work diary.
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
s 326: Am 2015 No 12, sec 38.
327   Possession of purported work records etc. prohibited
The driver of a fatigue-regulated heavy vehicle or the record keeper for a driver of a fatigue-regulated heavy vehicle must not have in the driver’s or record keeper’s possession a thing purporting to be a work record if the driver or record keeper knows, or ought reasonably to know, that it is not a work record.
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
Note—
See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.
328   False representation about work records prohibited
A person must not falsely represent that a work record was made by the person.
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
Division 5 Interfering with work records
Subdivision 1 Work records generally
329   Defacing or changing work records etc. prohibited
A person must not deface or change a work record that the person knows, or ought reasonably to know, is correct.
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
Note—
1   
Giving a false or misleading document to an official is prohibited by section 702.
2   
See section 341 for the requirement that the record keeper for the driver of a fatigue-regulated heavy vehicle keep particular records in a way that ensures they are readable and reasonably capable of being understood and capable of being used as evidence.
3   
See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.
330   Making entries in someone else’s work records prohibited
(1)  A person must not make an entry in someone else’s work record.
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  Subsection (1) does not apply to—
(a)  a person who—
(i)  makes an entry in another person’s work diary under a work diary exemption (permit) applying to the other person; and
(ii)  is nominated by the other person to make the entry; or
(b)  an authorised officer; or
(c)  a party to a two-up driving arrangement—
(i)  signing the written work diary of the other party to the arrangement; or
(ii)  making an entry in the other party’s electronic work diary indicating the party’s approval of the information recorded in the work diary.
331   Destruction of particular work records prohibited
If a work record is required under (or by a condition 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.
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
Note—
See section 341 for the period for which record keepers for drivers of fatigue-regulated heavy vehicles are required to keep particular work records.
332   Offence to remove pages from written work diary
A person must not remove a daily sheet, or the duplicates of a daily sheet, from a written work diary except as required or authorised by this Law or a corresponding fatigue law.
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
Subdivision 2 Approved electronic recording systems
333   Application of Sdiv 2
This Subdivision applies to an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part.
334   Meaning of tamper
Tamper with an approved electronic recording system means—
(a)  engage in conduct that—
(i)  results in the system, or a part of the system, malfunctioning; or
(ii)  could result in the system, or a part of the system, malfunctioning; or
(iii)  alters any of the data recorded by the system or a part of the system; or
(iv)  could alter any of the data recorded by the system or a part of the system; or
(v)  results in inaccurate information being recorded by the system or a part of the system; or
(vi)  could result in inaccurate information being recorded by the system or a part of the system; or
(b)  engage in conduct that alters or otherwise interferes with an electronic signal sent to or from the system, or a part of the system, if the alteration or interference has or could have an effect mentioned in paragraph (a)(i), (iii) or (v).
335   Person must not tamper with approved electronic recording system
(1)  A person must not tamper with an approved electronic recording system.
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  Subsection (1) does not apply to—
(a)  conduct associated with repairing an approved electronic recording system, or a part of an approved electronic recording system, that is malfunctioning or has malfunctioned; or
(b)  conduct associated with maintaining an approved electronic recording system; or
(c)  an authorised officer when exercising functions under this Law.
(3), (4)    (Repealed)
(5)  In a proceeding for an offence against subsection (1) involving a person engaging in conduct that alters or otherwise interferes with any electronic signal sent to or from an approved electronic recording system, or a part of an approved electronic recording system, it is a defence for the person to prove that the person was not aware, and could not reasonably be expected to have been aware, that the conduct would alter or otherwise interfere with the electronic signal.
s 335: Am 2016 No 65, sec 62.
336   Person using approved electronic recording system must not permit tampering with it
(1)  A person who uses an approved electronic recording system must not permit another person to tamper with the system.
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
Examples of a person who uses an approved electronic recording system—
  a driver of a heavy vehicle
  a driver’s record keeper
(2), (3)    (Repealed)
s 336: Am 2016 No 65, sec 63.
336A   Reporting tampering or suspected tampering with electronic work diary
(1)  If the record keeper for the driver of a fatigue-regulated heavy vehicle knows, or has reasonable grounds to suspect, an electronic work diary has been tampered with, the record keeper must report the matter to the Regulator—
(a)  within 2 business days; and
(b)  in the approved form.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  If the record keeper has engaged another person under a contract for services to comply with subsection (1) for the record keeper—
(a)  the record keeper remains liable for an offence against subsection (1); and
(b)  the other person is also liable for an offence against subsection (1) as if the other person were the record keeper mentioned in the subsection.
(3), (4)    (Repealed)
s 336A: Ins 2015 No 12, sec 39. Am 2016 No 65, sec 64.
337   Intelligent access program reporting entity must not permit tampering with approved electronic recording system
(1)  This section applies if an approved electronic recording system is or is part of an approved intelligent transport system.
(2)  An intelligent access program reporting entity for the approved intelligent transport system must not permit another person to tamper with the approved electronic recording system.
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3), (4)    (Repealed)
s 337: Am 2016 No 65, secs 65, 139.
Division 6 Obtaining written work diary
338   Form of written work diary
(1)  This section states the requirements for written work diaries issued by the Regulator under this Division.
(2)  A written work diary must contain—
(a)  a unique identifying number for the work diary; and
(b)  sheets (daily sheets) that—
(i)  provide for recording information daily; and
(ii)  are sequentially numbered; and
(c)  2 duplicates of each daily sheet; and
(d)  a duplicate of any application form contained in the work diary under subsection (3); and
(e)  instructions for use of the work diary.
(3)  A written work diary may contain an application in the approved form for the issue of another work diary.
(4)  Each daily sheet of a written work diary must be in a form that ensures that, if information is written on the daily sheet in the way stated in the instructions in the work diary or this Law, the information should be automatically copied on to the duplicates for the sheet.
339   Application for written work diary
(1)  The driver of a fatigue-regulated heavy vehicle may apply to the Regulator for a written work diary.
(2)  The application must be—
(a)  in the approved form; and
(b)  accompanied by the prescribed fee for the application.
(3)  If the application is for a written work diary to replace a written work diary previously issued to the driver (the existing written work diary), the driver must give the existing written work diary to the Regulator with the application, unless the existing written work diary has been destroyed, lost or stolen.
(4)  If the driver gives the existing written work diary to the Regulator, the Regulator must—
(a)  cancel any unused daily sheets in the written work diary; and
(b)  return the written work diary to the driver when the Regulator issues the replacement written work diary to the driver.
(5)  If the application is for a written work diary to replace a written work diary that has been destroyed, lost or stolen, the application must—
(a)  state the previous work diary’s number and that it has been destroyed, lost or stolen; and
(b)  briefly outline the circumstances of the destruction, loss or theft.
340   Issue of written work diary
(1)  The Regulator must issue a written work diary to the driver of a fatigue-regulated heavy vehicle if the driver—
(a)  applies for the work diary under section 339; and
(b)  identifies himself or herself by showing his or her current driver licence to the Regulator; and
(c)  pays the prescribed fee for the issue of the work diary.
(2)  If the Regulator issues a written work diary to the driver of a fatigue-regulated heavy vehicle, the Regulator must note the date, time and place of issue on the written work diary.
(3)  The Regulator may make other notes on the written work diary the Regulator considers appropriate.
Division 6A Requirements about records record keeper must make or keep
341   Period for which, and way in which, records must be kept
(1)  The record keeper of the driver of a fatigue-regulated heavy vehicle must, unless the record keeper has a reasonable excuse, keep a record required to be made or kept under Division 3, or a copy of the record, for 3 years after—
(a)  for a record made by the record keeper—the day the record keeper makes the record; or
(b)  for another record—the day the record keeper receives the record.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(2)  The record keeper of the driver of a fatigue-regulated heavy vehicle must, unless the record keeper has a reasonable excuse, keep a record required to be made or kept under (or by a condition under) Division 8 or 8A, or a copy of the record, for a period of 3 years, or, if a condition of an exemption states a record must be kept for a period of less than 3 years, the period stated in the condition, after—
(a)  for a record made by the record keeper—the day the record keeper makes the record; or
(b)  for another record—the day the record keeper receives the record.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  Except where the driver is his or her own record keeper, the record keeper must, unless the record keeper has a reasonable excuse, keep the record or copy at the driver’s record location in a way that ensures it is readily available to an authorised officer at the record location.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(4)  If the driver is his or her own record keeper, the driver as record keeper must, unless the driver as record keeper has a reasonable excuse, ensure the record or copy of the record is kept at the driver’s record location in a way that ensures it is readily available to an authorised officer at the record location by the end of the 21-day period after the day the record is made.
Maximum penalty—$3000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(5)  The record keeper must, unless the record keeper has a reasonable excuse, keep the record or copy in a way that ensures it is—
(a)  readable and reasonably capable of being understood; and
(b)  capable of being used as evidence.
Example—
To ensure a record kept in a storage facility does not become unreadable, for example, by degrading, the record keeper could scan the hard copy of the record and keep it in an electronic format that is readable.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(6)  A reference in subsection (1) to keeping a record of information required to be made or kept under Division 3 includes a reference to maintaining a record of the information that is in an electronic work diary, if that record is taken to have satisfied the requirement under Division 3.
(7)  If the driver’s work diary is an electronic work diary, the driver’s record keeper must, unless the record keeper has a reasonable excuse, maintain a record of the information that is recorded in the work diary in a way complying with—
(a)  if the Regulator has, when approving the electronic recording system constituting the work diary, or of which the work diary is a part, imposed any conditions in relation to the way information must be recorded in the work diary—those conditions; and
(b)  the manufacturer’s instructions, if any, for recording information in the electronic work diary, to the extent the instructions are consistent with the conditions mentioned in paragraph (a).
Maximum penalty—$1500.
Editorial note—
See also section 737 (Increase of penalty amounts).
Note—
The Regulator may impose conditions on the use of an electronic recording system under section 343.
(8)  If the record keeper has engaged another person under a contract for services to comply with subsection (1), (2), (3) , (5) or (7) for the record keeper—
(a)  the record keeper remains liable for an offence against the subsection; and
(b)  the other person is also liable for an offence against the subsection as if the other person were the record keeper mentioned in the subsection.
(9), (10)    (Repealed)
s 341: Am 2015 No 12, sec 40; 2016 No 65, sec 66.
Division 7 Approval of electronic recording systems
pt 6.4, div 7, sdiv 2: Subst 2015 No 12, sec 43.
Subdivision 1 Approval of electronic recording systems
342   Application for approval of electronic recording system
(1)  A person may apply to the Regulator for the approval of an electronic recording system.
Examples of persons who may apply for an approval under this section—
  manufacturers of electronic recording systems
  operators of fatigue-regulated heavy vehicles
  drivers of fatigue-regulated heavy vehicles
(2)  The application must be—
(a)  in the approved form; and
(b)  accompanied by the prescribed fee for the application.
343   Deciding application for approval
(1)  The Regulator must, as soon as practicable after receiving an application for an electronic recording system approval—
(a)  grant the approval, with or without conditions about the use or maintenance of the electronic recording system to which the approval relates; or
(b)  refuse the application.
(2)  The Regulator may approve an electronic recording system only if the Regulator is satisfied the system—
(a)  is suitable or has a part that is suitable for fitting to, or for use in, a fatigue-regulated heavy vehicle; and
(b)  has a mechanism that readily indicates to the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, that the system is or is not properly functioning; and
(c)  is capable of—
(i)  accurately monitoring and recording the work times and rest times of the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used; and
(ii)  accurately recording any other information the driver is required by this Law to record in a work diary; and
(d)  if the system or a part of it is to be fitted to a fatigue-regulated heavy vehicle and is to be used by more than 1 driver of the vehicle, is capable of ensuring the following—
(i)  all of the information mentioned in paragraph (c) can be accurately monitored or recorded for each of the drivers;
(ii)  the details recorded by, or in relation to, 1 of the drivers are readily distinguishable from the details recorded by, or in relation to, the other drivers;
(iii)  the name of the driver in relation to whom details are recorded is shown whenever the details are accessed;
(iv)  1 of the drivers can not record any information, that the driver is required by this Law to record in a work diary, in the system for any of the other drivers; and
(e)  has a mechanism to ensure the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, can not alter any information the driver records in the system once the driver has had an opportunity to confirm the accuracy of the information; and
(f)  is capable of enabling the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, to send information to the driver’s record keeper; and
(g)  has a mechanism that, at least once each day, readily indicates to the driver whether information has or has not been sent to the record keeper; and
(h)  is capable of readily reproducing, on being accessed by the record keeper for the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, the information that the system contains; and
(i)  is capable of readily reproducing, on being accessed by an authorised officer while the vehicle to which it or a part of it is fitted, or in which it or a part of it is used, is on a road, the information the system contains in a form that—
(i)  is readily accessible by the officer; and
(ii)  is reasonably capable of being understood by the officer; and
(iii)  can be used as evidence.
(3)  In deciding whether or not to grant the approval, the Regulator must have regard to the approved guidelines for granting electronic recording system approvals.
(4)  An approved electronic recording system may be, or be a part of, an approved intelligent transport system.
s 343: Am 2015 No 12, sec 41.
344   Steps after decision to grant approval
(1)  If the Regulator grants an approval under section 343, the Regulator must give the applicant a numbered certificate of approval.
(2)  If the Regulator imposes conditions on the approval, the certificate of approval given to the applicant must state the conditions.
(3)  If the Regulator imposes conditions on the approval not sought by the applicant, the Regulator must give the applicant an information notice for the decision to impose the conditions.
s 344: Am 2015 No 12, sec 42.
345   Steps after decision to refuse application
If the Regulator decides not to grant an application for an electronic recording system approval, the Regulator must give the applicant an information notice for the decision.
346   Effect of approval
(1)  An electronic recording system approval granted under this Subdivision applies to any system identical to the system given to the Regulator for approval.
(2)  The conditions imposed on the approval under section 343, or Subdivision 3, apply to each identical system to which the approval applies.
Subdivision 2 Using unapproved electronic recording system
347   Prohibition on using electronic work diary if it is not, and is not a part of, an approved electronic recording system
A person must not use as an electronic work diary for the purposes of this Law an electronic recording system constituting an electronic work diary, or of which an electronic work diary is a part, if the person knows, or ought reasonably to know, the electronic recording system is not an approved electronic recording system.
Maximum penalty—$10000.
Editorial note—
See also section 737 (Increase of penalty amounts).
Note—
See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.
s 347: Subst 2015 No 12, sec 43.
348–350   (Repealed)
ss 348–350: Rep 2015 No 12, sec 43.
Subdivision 3 Amendment or cancellation of approval
351   Amendment or cancellation of approval on application
(1)  The holder of an electronic recording system approval may apply to the Regulator for an amendment or cancellation of the approval.
(2)  The application must—
(a)  be in writing; and
(b)  be accompanied by the prescribed fee for the application; and
(c)  if the application is for an amendment of the approval, state clearly the amendment sought and outline the reasons for the application; and
(d)  be accompanied by the certificate of approval for the approval.
(3)  The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.
(4)  The Regulator must decide the application as soon as practicable after receiving it.
(5)  If the Regulator decides to grant the application—
(a)  the Regulator must give the applicant notice of the decision; and
(b)  the amendment or cancellation takes effect—
(i)  when notice of the decision is given to the applicant; or
(ii)  if a later time is stated in the notice, at the later time; and
(c)  if the Regulator amended the approval, the Regulator must give the applicant a replacement certificate of approval for the approval as amended.
(6)  If the Regulator decides not to amend or cancel the approval as sought by the applicant, the Regulator must—
(a)  give the applicant an information notice for the decision; and
(b)  return the certificate of approval for the approval to the applicant.
(7)  In this section—
certificate of approval, for an electronic recording system approval, means the certificate of approval issued by the Regulator under section 344 for the approval.
352   Amendment or cancellation of approval on Regulator’s initiative
(1)  Each of the following is a ground for amending or cancelling an electronic recording system approval—
(a)  the approval was granted because of a document or representation that was—
(i)  false or misleading; or
(ii)  obtained or made in an improper way;
(b)  since the approval was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the approval and, had the changed circumstances existed when the approval was granted, the Regulator would not have granted the approval, or would have granted the approval subject to conditions or different conditions.
(2)  If the Regulator considers a ground exists to amend or cancel an electronic recording system approval (the proposed action), the Regulator must give the holder of the approval a notice—
(a)  stating the proposed action; and
(b)  stating the ground for the proposed action; and
(c)  outlining the facts and circumstances forming the basis for the ground; and
(d)  if the proposed action is to amend the approval (including a condition of the approval)—stating the proposed amendment; and
(e)  inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.
(3)  If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may—
(a)  if the proposed action was to amend the approval—amend the approval, including, for example, by imposing additional conditions on the approval, in a way that is not substantially different from the proposed action; or
(b)  if the proposed action was to cancel the approval—
(i)  amend the approval, including, for example, by imposing additional conditions on the approval; or
(ii)  cancel the approval.
(4)  The Regulator must give the holder an information notice for the decision.
(5)  The amendment or cancellation takes effect—
(a)  when the information notice is given to the holder; or
(b)  if a later time is stated in the information notice, at the later time.
353   Minor amendment of approval
The Regulator may, by notice given to the holder of an electronic recording system approval, amend the approval in a minor respect—
(a)  for a formal or clerical reason; or
(b)  in another way that does not adversely affect the holder’s interests.
354   Requirements if approval amended
(1)  This section applies if, under this Subdivision—
(a)  the Regulator amends an electronic recording system approval to change the conditions about the use or maintenance of the electronic recording system the subject of the approval; and
(b)  in the Regulator’s opinion, the amendment will, or is likely to, significantly affect the way the electronic recording system the subject of the approval is to be used.
(2)  The Regulator may, by notice, direct the holder of the approval to give each person to whom the holder has supplied an electronic recording system the subject of the approval, or a device forming part of the system, a notice stating the amended conditions of the approval.
(3)  If the Regulator gives the holder of the approval a direction under subsection (2), the holder must comply with the direction.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(4)  With the Regulator’s written consent, a person may comply with subsection (3) by publishing the amended conditions, and any further details stated by the Regulator, using at least 2 of the following methods—
(a)  by notice published in a newspaper stated by the Regulator;
(b)  by notice published in a journal or newsletter stated by the Regulator;
(c)  on a website stated by the Regulator.
(5)  If, under subsection (3), the holder of the approval gives a person a notice stating the amended conditions of the approval, the person must give a copy of the notice to each other person to whom the person has supplied an electronic recording system the subject of the approval, or a device forming part of the system.
Example for the purposes of subsection (5)—
The holder of an approval is a manufacturer and the manufacturer has supplied an electronic recording system the subject of the approval to an operator of a fatigue-regulated heavy vehicle who has supplied the system to the vehicle’s driver. If, under subsection (3), the manufacturer gives the operator a notice stating the amended conditions of the approval, the operator must, under subsection (5), give the driver a copy of the notice.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(6)  Nothing in this section prevents the Regulator from publishing details of the amendment by whatever means the Regulator thinks appropriate.
Example—
The Regulator may publish the amended conditions in the Commonwealth Gazette or on a website.
(7)  In this section—
amended conditions, of an electronic recording system approval that has been amended under this Division, means the conditions of the approval as they apply after the amendment.
355   Requirements if approval cancelled
(1)  This section applies if, under this Subdivision, the Regulator notifies the holder of an electronic recording system approval that the approval has been cancelled.
(2)  If the electronic recording system constitutes an electronic work diary, or if part of the electronic recording system is an electronic work diary, the holder of the approval must, within the period stated by the Regulator in the notification, remove any electronic message on the system’s visual display stating the system is or includes an electronic work diary.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(3)  The Regulator may, by notice, direct the holder of the approval to give each person to whom the holder has supplied an electronic recording system the subject of the approval that constitutes an electronic work diary, or of which an electronic work diary is a part, a notice stating that the approval has been cancelled.
(4)  If the Regulator gives the holder of the approval a direction under subsection (3), the holder must comply with the direction.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(5)  With the Regulator’s written consent, a person may comply with subsection (4) by publishing details of the cancellation, and any further details stated by the Regulator, using at least 2 of the following methods—
(a)  by notice published in a newspaper stated by the Regulator;
(b)  by notice published in a journal or newsletter stated by the Regulator;
(c)  on a website stated by the Regulator.
(6)  If, under subsection (4), the holder of the approval gives a person a notice that the approval has been cancelled, the person must give a notice to each other person to whom the person has supplied an electronic recording system the subject of the approval that constitutes an electronic work diary, or of which an electronic work diary is a part, stating that the approval has been cancelled.
Example for the purposes of subsection (6)—
The holder of an approval is a service provider who has supplied to the operator of a fatigue-regulated heavy vehicle an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part. If, under subsection (4), the service provider gives the operator a notice stating the approval has been cancelled, the operator must give the driver of the vehicle a notice stating the approval has been cancelled.
Maximum penalty—$6000.
Editorial note—
See also section 737 (Increase of penalty amounts).
(7)  Nothing in this section prevents the Regulator from publishing details of the cancellation by whatever means the Regulator thinks appropriate.
Example—
The Regulator may publish the cancellation in the Commonwealth Gazette or on a website.
(8)  In this section—
holder, of an electronic recording system approval that has been cancelled, means the person who, immediately before the cancellation took effect, held the approval.
s 355: Am 2015 No 12, sec 44.
Division 8 Exemptions from work diary requirements of Division 2
Subdivision 1 Exemption for emergency services
356   Emergency services exemption
(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 the duties from compliance with Division 2.
(2)  A person who is acting for an emergency service and who is returning from attending an emergency is exempted from compliance with Division 2 if the person reasonably believes the non