Document ID: chunk:federal_register_of_legislation:F2016C00721:clause:1_49
Version: federal_register_of_legislation:F2016C00721
Segment Type: clause
Provision Reference: sch 1 cl 49
Character Range: 44898–47401

49  Logbook records to be made by drivers engaged in non‑local area work
 (1) This regulation applies to a driver for a day on which the driver engages in non‑local area work.
 (2) Before the driver's first period of driving or work time anywhere on the day, the driver must record the following information in the driver's logbook:
 (a) the day of the week and date;
 (b) the driver's name and current driver licence number;
 (c) the State or Territory where the licence was issued.
Penalty: $1,500.
 (3) The driver must record the registration number of each heavy truck or commercial bus driven anywhere by the driver on the day in his or her logbook before the driver begins to drive the vehicle for the first time on the day.
Penalty: $1,500.
 (4) Immediately before or after each change of activity on the day, the driver must record the following information in the driver's logbook:
 (a) the change of activity;
 (b) the driving time, other work time or rest time spent anywhere by the driver since the last change of activity;
 (c) the time and place of the change of activity;
 (d) if the driver is or becomes a two‑up driver—the name and current driver licence number of the other driver in the two‑up driving arrangement.
Penalty: $1,500.
 (5) A change of activity for the driver is a change from:
 (a) driving time to other work time; or
 (b) work time (except driving time) to driving time; or
 (c) driving time to rest time; or
 (d) rest time to driving time; or
 (e) work time (except driving time) to rest time; or
 (f) rest time to work time (except driving time); or
 (g) being a solo driver to being a two‑up driver; or
 (h) being a two‑up driver to being a solo driver.
 (6) An offence against this regulation is a strict liability offence.
 (7) However, if subregulation (2), (3) or (4) requires the driver to record information in his or her logbook before beginning to engage in non‑local area work on a day, it is a defence to an offence against the subregulation if the driver proves that, at the time of the offence:
 (a) the driver was unaware that the driver would be engaging in non‑local area work on the day; and
 (b) the driver recorded the information in his or her logbook as soon as practicable after becoming aware that the driver would be engaging in non‑local area work on the day.
 (8) If this regulation (or regulation 50 or 51) applies to 2 drivers who are in a two‑up driving arrangement, each driver must separately record information in his or her logbook.