Queensland Subordinate Legislation as Made

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--FATIGUE MANAGEMENT) REGULATION 2008 NO. 296


TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
           Division 1--Introductory matters
   1.      Short title
   2.      Commencement
   3.      Main purpose of this regulation
   4.       Outline of the main features of this regulation
           Division 2--Interpretation
   5.      Definitions
   6.      Who is a driver
   7.      Who is a party in the chain of responsibility
           Division 3--Reasonable steps
           Subdivision 1--Reasonable steps defence
   8.      What is the reasonable steps defence
           Subdivision 2--Deciding whether person took reasonable steps
   9.      Matters court may consider for deciding whether person took all reasonable steps
   10.     When person regarded to have taken all reasonable steps—pt 2 duties
   11.     When person regarded to have taken all reasonable steps—reasonable steps defence
   12.     Application of s 57E of the Act to offences against this regulation
   13.      Application of s 57F of the Act to offences against this regulation
           Subdivision 3--Other provisions about taking reasonable steps
   14.     Examples for how to take reasonable steps—identifying and assessing aspects of activities that may lead to contraventions
   15.     Examples for how to take reasonable steps—eliminating or minimising risks of contraventions
           Part 2--Duties relating to fatigue
           Division 1--Meaning of fatigue and impaired by fatigue
   16.     What is fatigue
   17.     Matters court may consider in deciding whether person is fatigued
   18.     What is impaired by fatigue
   19.     Matters court may consider in deciding whether person is impaired by fatigue
           Division 2--Causation
   20.     Causing includes contributing to causing and encouraging
           Division 3--Duty to avoid and prevent fatigue
   21.     Duty of driver to avoid driving while fatigued
   22.     Duty of party in the chain of responsibility to prevent driver driving while fatigued
           Division 4--Additional duties of particular parties in the chain of responsibility
           Subdivision 1--Employers, prime contractors and operators
   23.     Duty of employer, prime contractor or operator to ensure business practices will not cause driver to drive while fatigued etc.
   24.     Duty of employer not to cause driver to drive if particular requirements not complied with
   25.     Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with
           Subdivision 2--Schedulers
   26.     Duty of scheduler to ensure driver's schedule will not cause driver to drive while fatigued etc.
   27.     Duty of scheduler not to cause driver to drive if particular requirements not complied with
           Subdivision 3--Consignors and consignees
   28.     Duty of consignor or consignee to ensure terms of consignment will not cause driver to drive while fatigued etc.
   29.     Duty of consignor or consignee not to cause driver to drive if particular requirements not complied with
   30.     Duty of consignor or consignee not to make a demand that may result in driver driving while fatigued etc.
           Subdivision 4--Loading managers
   31.     Duty of loading manager to ensure loading arrangements will not cause driver to drive while fatigued
   32.     Duty of loading manager to ensure drivers can take rest in particular circumstances
           Division 5--Additional duties of particular persons for enabling other persons to comply with duties relating to fatigue
   33.     Duty of driver to ensure party in the chain of responsibility has relevant information
   34.     Duty of principal loading manager to ensure supervising loading manager aware of duties and responsibilities
           Division 6--Particular requests etc. and contracts etc. prohibited
   35.     Particular requests etc. prohibited
   36.     Particular contracts etc. prohibited
           Part 3--Requirements relating to work time and rest time
           Division 1--Key concepts for this part
           Subdivision 1--Concepts relating to work time and rest time
   37.     What is a driver's work and rest hours option
   38.     What is work time
   39.     What is rest time
   40.     What is a work and rest change
           Subdivision 2--Counting time
   41.     Counting periods of less than 15 minutes
   42.     Time must be counted after rest time ends
   43.     Period must be counted by reference to time zone of driver's base
   44.     Counting time spent within participating zone
   45.     Counting time spent outside participating zone
           Division 2--Standard work and rest arrangements
   46.     Purpose of div 2
   47.     Options about standard hours for solo driver of a bus
   48.     Standard hours—solo drivers
   49.     Standard hours—solo drivers of buses
   50.     Standard hours—two-up drivers
   51.     Defence relating to short rest breaks
           Division 3--BFM work and rest arrangements
   52.     Purpose of div 3
   53.     BFM hours—solo drivers
   54.     Defence for solo drivers relating to split rest breaks
   55.     BFM hours—two-up drivers
           Division 4--AFM hours
   56.     AFM hours
   57.     AFM outer limits
           Division 5--Changing work and rest hours option
   58.     Driver may change work and rest hours option
   59.     Driving under new work and rest hours option after change
           Part 4--Requirements about record keeping
           Division 1--Key concepts for this part
   60.     What is 200km work and 200+km work
   61.     What is a driver's base in particular circumstances
   62.     Who is a driver's record keeper
   63.     Person engaged to undertake particular functions must be notified of offences
   64.     Person engaged to operate or maintain electronic work diary must have appropriate systems and procedures
   65.     What is a driver's record location
           Division 2--Work diary requirements
           Subdivision 1--Requirement to carry work diary
   66.     Application of sdiv 1
   67.     Meaning of work diary for sdiv 1
   68.     Driver of fatigue regulated heavy vehicle must carry work diary
           Subdivision 2--Information required to be included in work diary
   69.     Purpose of sdiv 2
   70.     How information requirements apply to a day
   71.     Information to be recorded immediately after starting work
   72.     Information to be recorded immediately before or after work and rest change
   73.     Information to be recorded immediately after change of base or record location
   74.     Information to be recorded immediately before finishing work
           Subdivision 3--How information must be recorded in work diary
   75.     Purpose of sdiv 3
   76.     Recording information in written work diary
   77.     Recording information in electronic work diary
   78.     Time zone of driver's base must be used
           Subdivision 4--Requirements about work diaries that are filled up etc.
   79.     Application of sdiv 4
   80.     Driver must make supplementary records in particular circumstances
   81.     Driver must notify chief executive if work diary filled up etc.
   82.     What driver must do if lost or stolen written work diary found or returned
   83.     Driver must notify record keeper if electronic work diary filled up etc.
   84.     IAP reporting entity must notify record keeper if electronic work diary malfunctioning
   85.     What record keeper must do if electronic work diary filled up
   86.     What record keeper must do if electronic work diary destroyed, lost or stolen
   87.     What record keeper must do if electronic work diary malfunctioning
           Subdivision 5--Requirements about odometers
   88.     Owner must maintain odometer
   89.     Driver must report malfunctioning odometer
   90.     What owner must do if odometer malfunctioning
   91.     What employer or operator must do if odometer malfunctioning
           Subdivision 6--Operation and maintenance of electronic work diaries
   92.     How electronic work diary must be operated and maintained
   93.     Person who operates or maintains electronic work diary must ensure driver's compliance with s 92
           94. Record keeper must ensure other person's compliance with s 92
           Division 3--Records relating to drivers
   95.     Application of div 3
   96.     Records record keeper must have if driver engaging in 200km work under standard hours
   97.     Records record keeper must have if driver engaging in 200+km work under standard hours or working under an accreditation or exemption
   98.     Requirements about records record keeper must make or keep
   99.     General requirements about driver giving information to record keeper
   100.    Requirements about driver giving information to record keeper if driver changes record keeper
   101.    Record keeper must give printouts of information from electronic work diary
           Division 4--Provisions about false representations relating to work records
   102.    False or misleading entries
   103.    Possessing or using false or misleading work records prohibited
   104.    Keeping 2 work diaries simultaneously prohibited
   105.    Possession of purported work records etc. prohibited
   106.    False representation about work records prohibited
           Division 5--Interfering with work records
           Subdivision 1--Work records generally
   107.    Defacing or changing work records etc. prohibited
   108.    Making entries in someone else's work records prohibited
   109.    Destruction of particular work records prohibited
           Subdivision 2--Electronic work diaries
   110.    Meaning of tampers
   111.    Person must not tamper with electronic work diary
   112.    Person operating or maintaining electronic work diary must ensure it is not tampered with
   113.    Driver's record keeper must ensure electronic work diary is not tampered with
   114.    IAP reporting entity must ensure electronic work diary is not tampered with
           Division 6--Obtaining written work diary
   115.    Form of written work diary
   116.    Application for written work diary
   117.    Issue of written work diary
           Division 7--Electronic recording systems to become electronic work diary
           Subdivision 1--Approval of electronic recording systems
   118.    Application for approval of electronic recording system
   119.    Deciding application for approval
   120.    Steps after decision to grant approval
   121.    Steps after decision to refuse application
   122.    Effect of approval
   123.    Requirement to notify users of conditions of approval
           Subdivision 2--Provisions about electronic work diary labels
   124.    Placing electronic work diary label on device
   125.    Effect of electronic work diary label on device
   126.    Prohibition on using device as electronic work diary if it is not an approved electronic recording system
           Subdivision 3--Amendment or cancellation of approval
   127.    Amendment or cancellation of approval on application
   128.    Amendment or cancellation of approval without application—grounds
   129.    Amendment or cancellation of approval without application—procedure
   130.    Alternative to cancelling approval
   131.    Requirements if approval amended
   132.    Requirements if approval cancelled
   133.    Requirements if effect of approval continued instead of cancelled
           Part 5--Accreditation and exemptions
           Division 1--Preliminary
   134.    Who is an associate of an operator of a fatigue regulated heavy vehicle
           Division 2--BFM accreditation
           Subdivision 1--Obtaining BFM accreditation
   135.    Applying for BFM accreditation
   136.    Deciding application for BFM accreditation
   137.    Steps if BFM accreditation granted
   138.    Steps if BFM accreditation not granted
           Subdivision 2--Operating under BFM accreditation
   139.    Chief executive must issue interception book for vehicle
   140.    Conditions of BFM accreditation
   141.    Driver must carry BFM accreditation details
   142.    General requirements applying to operator with BFM accreditation
   143.    Operator must give notice of amendment, suspension or ending of accreditation
           Division 3--AFM accreditation
           Subdivision 1--Obtaining AFM accreditation
   144.    Applying for AFM accreditation
   145.    Deciding application for AFM accreditation
   146.    Steps if AFM accreditation granted
   147.    Steps if AFM accreditation not granted
           Subdivision 2--Operating under AFM accreditation
   148.    Chief executive must issue interception book for vehicle
   149.    Conditions of AFM accreditation
   150.    Driver must carry AFM accreditation details
   151.    General requirements applying to operator with AFM accreditation
   152.    Operator must give notice of amendment, suspension or ending of accreditation
           Division 4--Exemption for emergency services
   153.    Emergency services exemption
           Division 5--Exemption granted without an application
   154.    Grant of class work and rest hours exemption
   155.    Amendment, suspension or cancellation of class work and rest hours exemption
           Division 6--Exemptions granted upon application
           Subdivision 1--Preliminary
   156.    Definition for div 6
           Subdivision 2--Exemptions that may be granted upon application
   157.    Chief executive may grant work and rest hours exemption
   158.    Chief executive may grant work diary exemption
           Subdivision 3--Obtaining exemption
   159.    Applying for exemption generally
   160.    Additional requirement for application for work and rest hours exemption
   161.    Additional requirement for application for work diary exemption based upon driver's illiteracy
   162.    Additional requirement for application for work diary exemption based upon infrequency of 200+km work
   163.    Chief executive may request further information
   164.    Deciding application for exemption
   165.    Steps if exemption granted
   166.    Steps if exemption not granted
           Subdivision 4--Operating under exemption
   167.    Compliance with conditions of exemption
   168.    Driver must carry copy of gazette notice or exemption notice
           Division 7--Amendment or cancellation of accreditation or exemption upon application
   169.    Definition for div 7
   170.    Application for amendment or cancellation of accreditation or exemption
   171.    Steps if amendment or cancellation made
   172.    Steps if amendment or cancellation not made
           Division 8--Other provisions about accreditations and exemptions
   173.    Return of accreditation certificate or exemption notice
   174.    Replacement of lost etc. accreditation certificate or exemption notice
   175.    Offence to falsely represent that accreditation or exemption is held
   176.    Offences relating to auditors
           Part 6--Compliance and enforcement
   177.    Alternative ways of managing fatigue—Act, s 15
           178. Information offences
           Part 7--Provisions about decision making
           Division 1--Referral of particular decisions to fatigue authorities panel
   179.    Fatigue authorities panel
   180.    Referral of decisions relating to accreditation or exemption
   181.    Referral of other decisions
           Division 2--Mutual recognition of particular decisions
   182.    Mutual recognition of particular decisions
           Division 3--Notification and recording of decisions
   183.    Notifying particular corresponding authorities of decisions
   184.    Register of decisions
           Division 4--Review and appeal of decisions
   185.    Review of original decision
   186.    Appeal against reviewed decision
           Part 8--Fees
   187.    Fees
           Part 9--Repeal
   188.    Repeal of regulation
           Part 10--Transitional provisions
           Division 1--Preliminary
   189.    Definitions for pt 10
   190.    Acts Interpretation Act 1954, s 20 not limited
           Division 2--Transitional provisions about work and rest hours option
           Subdivision 1--Continuing particular work and rest hours arrangements
   191.    Exemption to apply to particular drivers
   192.    BFM hours apply to particular drivers
   193.    Hours under alternative compliance scheme continue to apply to particular drivers
           Subdivision 2--Transferring to new work and rest hours arrangements
   194.    Transferring to new work and rest hours arrangements on commencement
   195.    Transferring to new work and rest hours arrangements after commencement
           Division 3--Transitional provisions about driving records
           Subdivision 1--Continuing existing record keeping requirements for a period
   196.    Existing logbook requirements continue to apply if using existing logbook or approved DSMD
   197.    Requirements under alternative compliance scheme continue to apply
           Subdivision 2--Continuing particular requirements after new record keeping requirements start applying
   198.    Definition for sdiv 2
   199.    Particular information to be recorded by driver ceasing to engage in non-local area work
   200.    Particular information to be recorded by employer of employed driver
   201.    Particular information to be recorded by self-employed driver
   202.    Particular driving records to be given to employers
   203.    Non-local area work records to be kept
   204.    Local area work records to be kept
   205.    Requirements about destroyed etc. logbook
           Subdivision 3--Other transitional provision about record keeping requirements
   206.    Driving records for non-local area work taken to be part of work diary
           Division 4--Transitional provisions about registration for TFMS
           Subdivision 1--Continuing effect of TFMS registration
   207.    Existing TFMS registration continues for 12 months
   208.    Existing applications for TFMS registration must be decided under repealed regulation
   209.     Application of repealed regulation to TFMS registration
   210.    Participant may end TFMS registration
           Subdivision 2--Application of particular requirements after TFMS registration ends
   211.    Definitions for sdiv 2
   212.    Obligation to comply with particular notices continue after registration ends
   213.    Application for replacement driver certification manuals taken to be withdrawn
   214.    Requirement to return driver certification manual
   215.    Reports of review to be kept
           Division 5--Transitional provisions about exemptions
   216.    Existing exemptions continue
   217.    Existing applications for exemption
           Division 6--Transitional provisions about enforcement matters
   218.    Offences against repealed regulation continue as information offences
   219.    Limited jeopardy continues
   220.    Deferral on prohibition on driving continues
   221.    Requirement to give particular information continues
           Division 7--Transitional provisions about review and appeal
           Subdivision 1--Continuing review and appeal rights
   222.    Reviews about particular decisions
   223.    Appeals about particular decisions
           Subdivision 2--Effect of decisions about refusal to register applicant in TFMS
   224.    Application of sdiv 2
   225.    Effect of review or appeal decision that person should be registered in TFMS
   226.    Effect of review or appeal decision that applicant should not be registered in TFMS
   227.    Effect of appeal decision returning matter to chief executive
           Subdivision 3--Effect of decisions about refusal to cancel TFMS registration
   228.    Application of sdiv 3
   229.    Effect of review or appeal decision that person's TFMS registration be cancelled
   230.    Effect of review or appeal decision that person's TFMS registration not be cancelled
   231.    Effect of appeal decision returning matter to chief executive
           Subdivision 4--Effect of decisions about refusal to grant exemption
   232.    Application of sdiv 4
   233.    Effect of review or appeal decision that person be given exemption
   234.    Effect of review or appeal decision that person not be given exemption
   235.    Effect of appeal decision returning matter to chief executive
           Subdivision 5--Effect of decisions about imposition of condition on exemption
   236.    Application of sdiv 5
   237.    Effect of review or appeal decision that condition not be imposed on exemption
   238.    Effect of review or appeal decision that condition be imposed on exemption
   239.    Effect of appeal decision returning matter to chief executive
           Division 8--Other transitional provisions
   240.    References to repealed regulation
           Part 11--Amendment of other regulations
           Division 1--Amendment of State Penalties Enforcement Regulation 2000
   241.    Regulation amended in div 1
   242.    Amendment of sch 3 (Transport legislation)
           Division 2 Amendment of Transport Operations (Road Use Management--Driver Licensing) Regulation 1999
   243.    Regulation amended in div 2
   244.    Insertion of new pt 10, div 6
   245.    Amendment of sch 3 (Demerit points)
   246.    Amendment of sch 7 (Dictionary)
           SCHEDULE 1 -- STANDARD WORK AND REST ARRANGEMENTS AND RISK CATEGORIES FOR BREACHES
           SCHEDULE 2 -- BFM WORK AND REST ARRANGEMENTS AND RISK CATEGORIES FOR BREACHES
           SCHEDULE 3 -- AFM WORK AND REST HOURS ARRANGEMENTS AND RISK CATEGORIES FOR BREACHES
           SCHEDULE 4 -- REVIEW AND APPEAL
           SCHEDULE 5 -- FEES
           SCHEDULE 6 -- DICTIONARY


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