Document ID: chunk:federal_register_of_legislation:F2016C00528:schedule:1:p1
Version: federal_register_of_legislation:F2016C00528
Segment Type: schedule
Provision Reference: sch 1 (pt 1/4)
Character Range: 3873–6740

Schedule 1—Model legislation for regulation 3
(regulation 3)

Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 3

Contents

                                                 Page
1. Name
2. Purpose
3. Approval
4. Act being amended by this Act
5. Substitution of section 36
6. Defence for solo drivers relating to split rest breaks
7. Consequential changes concerning work/rest hours option
8. Change to the way certain matters are to be determined
9. Work/rest hours exemptions
10. Transitional provision concerning TFMS
11. Correction of minor error
Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 3

The following provisions are intended to provide the basis for nationally consistent transport laws on the topics with which they deal.  They do not, of themselves, have any legal effect.

1.  Name
  This Act is the Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 3.

2.  Purpose
  The purpose of this Act is to make various minor amendments to improve the operation of the Road Transport (Heavy Vehicle Driver Fatigue) Act 2006.

3.  Approval
  This Act was approved by the Australian Transport Council on 11 July 2008.

4.  Act being amended by this Act
  This Act amends the Road Transport (Heavy Vehicle Driver Fatigue) Act 2006.

5.  Substitution of section 36
  For section 36 substitute –
"36.  What is work/rest hours option
  A driver's work/rest hours option at any particular time is whichever one of the following applies to the driver at that time under this Act:
 (a) standard hours;
 (b) BFM hours;
 (c) AFM hours;
 (d) the hours specified in a work/rest time exemption.
Note: Section 43 explains what standard hours are. Section 48 explains what BFM hours are. Section 52 explains what AFM hours are. Section 91 explains what a work/rest hours exemption is.".

6.  Defence for solo drivers relating to split rest breaks
  In section 50, in the example, omit "after 14 hours of work".

7.  Consequential changes concerning work/rest hours option
 (1) In section 53(3)(b), after "AFM hours" insert "or the hours specified in a work/rest hours exemption".
 (2) For section 58(1)(b) substitute –
 "(b) if the driver changes from one work/rest option to another work/rest option  during a day, he or she must record any information for that day that relates to the period after the change occurs on a separate daily sheet; and".

8.  Change to the way certain matters are to be determined
 (1) In sections 60(2), 72(1), 73(2), 74(2), 78(2)(c), 79(5), 83(2)(d), 84(6) and 104(1), for "specified by the Fatigue Authorities Panel" substitute "approved by the Australian Transport Council by notice published in the Commonwealth Government Gazette".
 (2) For section 74(4) substitute –
 "(4) In approving a type of electronic work diary, the Authority must have regard to any guidelines in relation to electronic