1 Name of Regulation
2 Commencement
3 Definitions
3A Meaning of “applicable road law”
Part 2 Road transport legislation
Division 1 Database of declarations and orders concerning operation of road transport legislation
4 Information to be maintained on database of declarations and orders
5 Access to database
Division 2 Special service requirements for road transport legislation
6 Service of notices on persons under Road Transport (Driver Licensing) Act 1998
7 Service of notices on registered operators and delivery of things to Authority under the Road Transport (Vehicle Registration) Act 1997
8 Notices to unincorporated associations in connection with mobility parking scheme authorities
9 Inconsistent legislation—Royal Botanic Gardens and Domain Trust Act 1980
10 Inconsistent legislation—Local Government Act 1993
11 Definitions
12 Application of Part
Division 2 Appeals concerning vehicle registration
13 Appeals concerning examiner’s authorities and proprietor’s authorities
14 Determination of appeals concerning examiner’s authorities and proprietor’s authorities
15 Appeals against certain registration decisions
16 Determination of appeals against certain registration decisions
Division 3 Appeals against decision of Authority concerning driver licensing
17 Authority to ensure notification of appeal rights
18 Appeals concerning driver licensing
19 Affected person entitled to be given reasons
20 Determination of appeals concerning driver licensing
21 Stay of decision pending appeal
Division 4 Appeals against decision of police officer concerning licence suspension
22 Appeals concerning police officer suspension notices
23 Determination of appeals concerning police suspension notices
24 Stay of decision
Division 5 Other appeals and applications
25AA Registrar to give notice of appeals under Division
25 Appeals against revocation of interlock device approvals
26, 27 (Repealed)
28 Appeals concerning accreditation schemes
29 (Repealed)
29A Appeals concerning mobility parking scheme authorities
29B Appeals concerning compliance certificates and certifier’s licences
Part 4 Number plate confiscation
29C Number plate confiscation notices
30–35 (Repealed)
36 Impounding fee
37 Towing fee for impounded vehicles
38 Disposal of impounded vehicles and forfeiture to the Crown
38A (Repealed)
Part 6 Heavy vehicle driver fatigue
39 Definitions
40 Matters court may consider for deciding whether person took all reasonable steps and other matters relating to offences
41 What is the “reasonable steps defence”
42 Exclusion of mistake of fact defence
Division 2 Duties relating to fatigue
43 What is “fatigue”
44 What is “impaired by fatigue”
Subdivision 2 Duties to avoid and prevent fatigue
45 Driver’s duty to avoid driver fatigue
46 Duty of parties in the chain of responsibility to prevent driver fatigue
Subdivision 3 Additional duties on certain parties in the chain of responsibility
47 Intention irrelevant in determining causation
48 Cause includes “contribute to causing” and “encourage”
49 Duties on employers, prime contractors and operators
50 Duties of schedulers
51 Duties on consignors and consignees
52 Duties of loading managers
53 Duty to assess and manage fatigue of drivers
Subdivision 4 Certain requests, contracts etc prohibited
54 Certain requests etc prohibited
55 Certain contracts etc prohibited
Division 3 Duties relating to work and rest times
Subdivision 1 Key concepts for this Division
56 What is “work and rest hours option”
57 What is “work time”
58 What is “rest time”
58A Exception to work time
58B Limited personal use on rest days
59 What is a “work and rest change”
60 Counting time, including work and rest time
61 Counting time within the participating zone
62 Counting time from outside the participating zone
63 Application of Subdivision
64 Standard hours—solo drivers
65 Standard hours—solo drivers of buses
66 Standard hours—two-up drivers
67 What this Subdivision is about
68 BFM hours—solo drivers
69 Defence for solo drivers relating to split rest breaks
70 BFM hours—two-up drivers
71 AFM hours
72 AFM outer limits
Subdivision 5 Changing work and rest hours option
73 Changing work and rest hours option
Division 4 Duties relating to record keeping
73A What is 100 km work and 100+ km work?
74 What is a driver’s base
Subdivision 2 Work diary requirements
75 Driver must carry work diary
76 Information that driver must record in work diary
77 How driver must record information in work diary
78 Destroyed, lost, stolen or malfunctioning work diaries
79 Malfunctioning odometers
80 Duty of employers, prime contractors, operators and schedulers to ensure driver compliance
Subdivision 3 Records relating to drivers
81 Information that record keeper must record
82 Record keeper may engage other person to keep records
Subdivision 4 False work records etc
83 Definitions
84 False entries
85 Keeping 2 work diaries simultaneously prohibited
86 Possession of purported work records etc prohibited
87 Defacing or changing work records etc prohibited
88 False representation of work records prohibited
89 Making entries in someone else’s work records prohibited
90 Destruction of certain work records prohibited
91 Tampering with electronic work diaries prohibited
Subdivision 5 Written work diaries
92 Form of written work diaries
93 Issue of written work diaries
Subdivision 6 Electronic work diaries
94 Approval of electronic work diaries
95 Labelling of electronic work diary devices
96 Variation or cancellation of approval—on application
97 Removal of electronic work diary approval label
98 Authority may permit the use of diaries whose approval has been cancelled
99 Variation or cancellation of approval—without application
100 How electronic work diary to be operated
101 Admissibility of documents produced by an electronic work diary
Division 5 Accreditation and exemptions
102 What is an accreditation
103 Applying for BFM accreditation
104 Granting BFM accreditation
105 Conditions of BFM accreditation
106 Driver must carry BFM accreditation documents
107 Information that operator must record
108 Operator must advise of change or end of accreditation
109 Applying for AFM accreditation
110 Granting AFM accreditation
111 Conditions of AFM accreditation
112 Driver must carry AFM accreditation details
113 Information that operator must record
114 Operator must advise of change or end of accreditation
115 Exemptions for emergency services
115A Exemptions in relation to emergencies
115B Exemptions for certain buses and private hire vehicles
115C Certain exemptions for 100+ km work requirements
115D Exemptions for certain vehicles used for primary production
115E Exemptions for vehicles used in motor dealing, repair, inspection, maintenance or testing businesses
116 What is an exemption
117 Work and rest hours exemptions
118 Work diary exemptions
119 Applying for an exemption
120 Granting an exemption
121 Driver must carry exemption
122 Conditions of exemptions
Subdivision 3 Variation, suspension or cancellation of accreditation or exemptions
123 Variation or cancellation of accreditation or exemption—on application
124 Grounds for variation—without application
125 Grounds for cancellation—without application
126 Variation or cancellation of accreditation or individual exemption—without application
127 Immediate suspension of accreditation or an individual exemption in public interest
128 Variation or cancellation of an exemption granted to a class of persons
129 Return of accreditation certificate or exemption
Subdivision 4 Replacement of lost etc accreditation certificates or exemptions
130 Replacement of lost etc accreditation certificates or exemptions
Subdivision 5 Offences relating to accreditation etc
131 Offence to falsely represent that accreditation etc held
132 Offences relating to auditors
Division 6 Decision-making provisions
Subdivision 1 Referral and mutual recognition of decisions
133 Referral of matters to Fatigue Authorities Panel
134 Mutual recognition of certain decisions
135 Mutual recognition of other decisions
Subdivision 2 Notification and recording of decisions
136 Notifying other Authorities of decisions
137 Register of decisions
Subdivision 3 Reconsideration and review of decisions
138 Decisions that may be reconsidered and reviewed
139 Reconsideration of decisions
140 Appeal against decisions to Local Court
141 Duty of officers to annotate driver’s work diary
142 Provisions relating to first offences and second or subsequent offences
142A Fatigue-related offences: section 154A (4)
Subdivision 2 Savings and transitional provisions
143 Definitions
144 TFMS applications
145 Period of grace for certain drivers
146 Applications for reconsideration by Authority
147 Exemption applications
148 Existing exemptions continue
149 Existing logbooks
150 Record keeping obligations continue
Part 7 Heavy vehicle speeding compliance
151 Object
152 Definitions
153 Intention irrelevant in determining causation
154 Cause includes “contribute to causing” and “encourage”
Division 2 Specific duties and offences
Subdivision 1 Duties on employers, prime contractors and operators
155 Duty concerning business practices
156 Duty to ensure offences are not committed
Subdivision 2 Duties on schedulers
157 Duty concerning driver’s schedule
Subdivision 3 Duties on loading managers
158 Duty on loading managers
Subdivision 4 Duties on certain consignors and consignees
159 Consignors to whom this Subdivision applies
160 Consignees to whom this Subdivision applies
161 Duties on consignors and consignees
Subdivision 5 Duty to assess and manage risk of speeding
162 Duty to assess and manage risk of speeding
Subdivision 6 Certain requests, contracts etc prohibited
163 Certain requests etc prohibited
164 Certain contracts etc prohibited
Division 3 Compliance and enforcement provisions
Subdivision 1 Reasonable steps
165 Matters court may consider for deciding whether person took all reasonable steps
Subdivision 2 Evidential matters
166 Commission of speeding offence is irrelevant to Division 2 prosecutions
167 Provisions relating to first offences and second or subsequent offences
167A Exemptions for emergency services staff
167B Exemptions for certain buses and private hire vehicles
Part 8 Penalty notice offences
168 Definitions
169 Penalty notice offences
170 Penalty levels
171 Offence: unlawful destruction of penalty notices
171A Meaning of “vehicle”
172 Prescribed speeding offences
173 Statutory declarations by registered owners and operators
174 Withdrawal of formal warnings
175 Fees for information from records of Authority
176 Offence: failure to comply with order, notice, direction, requirement or request
177 Offence: false or misleading information
178 General defence of accident or reasonable effort
179 Repeals and savings
180 Transitional provisions
Schedule 2 Authorised officers