Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_83:p1
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 83 (pt 1/2)
Character Range: 150600–153414

83  Applying for AFM accreditation
 (1) The operator of a regulated heavy vehicle who wants AFM accreditation must apply to the Authority.
 (2) The application must be made in the form approved by the Authority and include:
 (a) the operator's name and contact details; and
 (b) the operator's AFM fatigue management proposal (which is explained in the next subsection); and
Note: An AFM fatigue management proposal could be based on a specific company operation, on a template developed by an industry group, or on a commercial basis.
 (c) a statement by the operator that the operator has an AFM fatigue management system (which is explained in the subsection (4)) to ensure compliance with the AFM standards and business rules; and
 (d) a statement from an auditor of a class prescribed by the regulations that the auditor considers that the operator's AFM fatigue management system will ensure compliance with the AFM standards and business rules; and
 (e) any other information required by the Authority in accordance with the AFM standards and business rules.
 (3) An AFM fatigue management proposal must set out:
 (a) the proposed work and rest hours limits for drivers of those vehicles; and
 (b) the risks involved with working under the proposed work and rest hours limits, and the proposed countermeasures that are designed to manage those risks; and
 (c) the other details required under the AFM standards and business rules.
 (4) An AFM fatigue management system is an operator's management system for ensuring compliance with the AFM standards and business rules, including by:
 (a) recording the name, driver licence number and contact details of each driver who is currently under the operator's AFM accreditation; and
 (b) ensuring that each of those drivers is in a fit state:
 (i) to safely perform required duties; and
 (ii) to meet any specified medical requirements; and
 (c) ensuring that each of those drivers:
 (i) has been inducted into the operator's AFM fatigue management system; and
 (ii) has been informed of the AFM hours under the operator's AFM accreditation; and
 (d) ensuring that anyone employed in the operator's business, who has responsibilities relating to scheduling or managing the fatigue of those drivers:
 (i) has been inducted into the operator's AFM fatigue management system; and
 (ii) has been informed of the AFM hours under the operator's AFM accreditation.
 (5) The application must also be accompanied by a declaration, declared to be made by the operator after taking all reasonable steps to ascertain the following information, of the operator's knowledge of whether:
 (a) in the 5 years immediately before the application was made, any of these persons has contravened this Act, a corresponding fatigue law, or an Australian road law:
 (i) the operator; and