Document ID: chunk:federal_register_of_legislation:F2016C00582:schedule:1:p1
Version: federal_register_of_legislation:F2016C00582
Segment Type: schedule
Provision Reference: sch 1 (pt 1/9)
Character Range: 3725–6532

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

Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 2

Contents

                                          Page
1. Name
2. Purpose
3. Approval
4. Act being amended by this Act
5. Change to the reasonable steps defence
6. Duties on loading managers
7. Change to how short rest breaks may be taken
8. Other changes concerning rest breaks
9. BFM hours – correction of error
10. BFM hours
11. Change to AFM hours penalties for periods of 7 days or more
12. Driver base
13. Driver must carry work diary
14. Definition of electronic work diary
15. Information that must be recorded in a work diary
16. Destroyed, lost, stolen or malfunctioning work diaries
17. Outsourcing of record keeping
18. Recording of information by record keeper
19. Tampering with electronic work diaries
20. Electronic work diaries
21. Insertion of section 74A
22. Insertion of sections 75A and 75B
23. Insertion of section 76A
24. Insertion of section 80A
25. BFM driver details to be supplied to the Authority
26. Operator must advise of change or end of accreditation
27. Offences concerning AFM accreditation documents
28. AFM driver details to be supplied to the Authority
29. Offence to falsely represent that accreditation etc. held
30. Enforcement powers
31. Duty on officers to annotate driver's work diary
32. Fatigue Authorities Panel
33. Definitions
Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 2

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. 2.

2.  Purpose
  The purpose of this Act is to amend the Road Transport (Heavy Vehicle Driver Fatigue) Act 2006 –
 (a) to make further provision in relation to the verification of the BFM and AFM accreditation status of drivers; and
 (b) to supplement the provisions dealing with electronic work diaries; and
 (c) to recognise the establishment of the Fatigue Authorities Panel by the Fatigue Authorities Panel Rules, rather than by that Act; and
 (d) to otherwise improve the operation of that Act.

3.  Approval
  This Act was approved by the Australian Transport Council on 28 March 2008.

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

5.  Change to the reasonable steps defence
  For sections 24(a) and (b) substitute –
 "(a) the person did not know, and could not reasonably be expected to have known, of the contravention concerned; and
 (b) either:
 (i) the person had taken all reasonable steps to prevent the contravention concerned; or
 (ii) the person could not reasonably be