Document ID: chunk:federal_register_of_legislation:F2016C00529:schedule:1:p1
Version: federal_register_of_legislation:F2016C00529
Segment Type: schedule
Provision Reference: sch 1 (pt 1/8)
Character Range: 4015–6834

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

Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 4

Contents

                                                 Page
1. Name
2. Purpose
3. Approval
4. Act being amended by this Act
5. What is work/rest hours option
6. Minor amendment
7. What is a driver's base and record location
8. Driver must carry work diary
9. Information that driver must record in work diary
10. Destroyed, lost, stolen or malfunctioning work diaries
11. Information that record keeper must record
12. Minor amendment
13. Issue of written work diaries
14. Approval of electronic work diaries
15. Insertion of new section 76A
16. Consequential amendments
17. Driver must carry AFM accreditation details
18. Minor amendment
19. Work/rest hours exemption
20. Insertion of sections 94A and 94B
21. Insertion of Division 6.1A
22. Penalties
23. Decisions that may be reconsidered and reviewed
24. Substitution of section 132
25. Amendment to definition
Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 4

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. 4.

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 Transport Agency Chief Executives on 25 August 2008.

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

5.  What is work/rest hours option
  In section 36 –
 (a) for paragraph (d) substitute –
 "(d) the hours specified in a work/rest hours exemption (whether or not granted in combination with an operator's BFM or AFM accreditation).";
 (b) for the note substitute –
"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 and provides that a work/rest hours exemption may be granted in combination with an operator's BFM or AFM accreditation.".

6.  Minor amendment
  In section 52A(5), after "subsection" insert "(2) or".

7.  What is a driver's base and record location
  For section 55(2)(b) substitute –
 "(b) if the vehicle is normally kept on a particular road or at a particular place when not in use – the home address of the registered operator whose home address is nearest to that road or place; or
 (c) in any other case – the home address of the registered operator whose name is first listed on the registration certificate for the vehicle.".

8.  Driver