{"id":"F2009L03555","name":"National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 4) Regulations 2009","slug":"national-transport-commission-model-amendments-act-heavy-vehicle-driver-fatigue-package-no-4-regulat","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"240 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":141295,"registerId":"commonwealth-F2009L03555-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n These Regulations are the National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 4) Regulations 2009.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n These Regulations commence on the day after they are registered.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Proposed amendments to model legislation","content":"#### 3 Proposed amendments to model legislation\n\n (1) Under section 7 of the National Transport Commission Act 2003, Schedule 1 sets out model legislation (in the form of an Act) to amend the principal model legislation.\n (2) In subregulation (1), principal model legislation means the model legislation set out in Schedule 1 to the National Transport Commission (Model Legislation—Heavy Vehicle Driver Fatigue) Regulations 2007 as if it had been amended by the model legislation set out in:\n (a) Schedule 1 to the National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 1) Regulations 2008; and\n (b) Schedule 1 to the National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 2) Regulations 2009; and\n (c) Schedule 1 to the National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 3) Regulations 2009.\n\n> Note 1: The model legislation does not have the force of law (see paragraph 7(2)(a) of the National Transport Commission Act 2003).\n\n> Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.\n\n> Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.","sortOrder":2},{"sectionNumber":"1. Name","sectionType":"section","heading":"1. Name","content":"#### 1. Name\n\n This Act is the Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 4.","sortOrder":3},{"sectionNumber":"2. Purpose","sectionType":"section","heading":"2. Purpose","content":"#### 2. Purpose\n\n 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.","sortOrder":4},{"sectionNumber":"3. Approval","sectionType":"section","heading":"3. Approval","content":"#### 3. Approval\n\n This Act was approved by the Transport Agency Chief Executives on 25 August 2008.","sortOrder":5},{"sectionNumber":"4. Act being amended by this Act","sectionType":"section","heading":"4. Act being amended by this Act","content":"#### 4. Act being amended by this Act\n\n This Act amends the Road Transport (Heavy Vehicle Driver Fatigue) Act 2006.","sortOrder":6},{"sectionNumber":"5. What is work/rest hours option","sectionType":"section","heading":"5. What is work/rest hours option","content":"#### 5. What is work/rest hours option\n\n In section 36 –\n (a) for paragraph (d) substitute –\n “(d) the hours specified in a work/rest hours exemption (whether or not granted in combination with an operator’s BFM or AFM accreditation).”;\n (b) for the note substitute –\n\n> Note: “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.”.","sortOrder":7},{"sectionNumber":"6. Minor amendment","sectionType":"section","heading":"6. Minor amendment","content":"#### 6. Minor amendment\n\n In section 52A(5), after “subsection” insert “(2) or”.","sortOrder":8},{"sectionNumber":"7. What is a driver’s base and record lo","sectionType":"section","heading":"7. What is a driver’s base and record location","content":"#### 7. What is a driver’s base and record location\n\n For section 55(2)(b) substitute –\n “(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\n (c) in any other case – the home address of the registered operator whose name is first listed on the registration certificate for the vehicle.”.","sortOrder":9},{"sectionNumber":"8. Driver must carry work diary","sectionType":"section","heading":"8. Driver must carry work diary","content":"#### 8. Driver must carry work diary\n\n For section 56(1) substitute –\n “(1) This section applies if a driver:\n (a) is engaged in 100+ km work; or\n (b) was engaged in 100+ km work in the last 28 days; or\n (c) is driving under BFM or AFM hours; or\n (d) was driving under BFM or AFM hours in the last 28 days; or\n (e) is driving under a work/rest hours exemption (whether or not granted in combination with an operator’s BFM or AFM accreditation); or\n (f) was driving under a work/rest hours exemption (whether or not granted in combination with an operator’s BFM or AFM accreditation) in the last 28 days.\n\n> Note: Section 91 provides that a work/rest hours exemption may be granted in combination with an operator’s BFM or AFM accreditation.”.","sortOrder":10},{"sectionNumber":"9. Information that driver must record i","sectionType":"section","heading":"9. Information that driver must record in work diary","content":"#### 9. Information that driver must record in work diary\n\n (1) In section 57(3) –\n (a) in paragraph (d), for “or AFM hours” substitute “, AFM hours or the hours specified in a work/rest hours exemption”;\n (b) for paragraph (e) substitute –\n “(e) if he or she is working under BFM or AFM hours or the hours specified in a work/rest hours exemption that was granted in combination with an operator’s BFM or AFM accreditation – his or her operator’s BFM or AFM accreditation number; and”.\n (2) After section 57(4) insert –\n “(4A) If the driver changes from one base or record location to another base or record location after starting work on one of those days, he or she must record the details of the other base or record location (as the case may be) immediately after the change occurs.\n\nCourt‑imposed penalty: $2 000.\n\nInfringement notice penalty: $600.”.","sortOrder":11},{"sectionNumber":"10. Destroyed, lost, stolen or malfuncti","sectionType":"section","heading":"10. Destroyed, lost, stolen or malfunctioning work diaries","content":"#### 10. Destroyed, lost, stolen or malfunctioning work diaries\n\n (1) For sections 59(1) and (1A) substitute –\n “(1) This section applies if a driver is unable to use a work diary because:\n (a) it is filled up, destroyed, lost or stolen; or\n (b) in the case of an electronic work diary:\n (i) it is malfunctioning; or\n (ii) a component of it is destroyed, lost or stolen.\n (1A) During any period in which subsection (1) applies, the driver must record in a supplementary record any information that he or she is required by section 57 to record.\n\nCourt‑imposed penalty: $4 000.\n\nInfringement notice penalty: $800.”.\n\n (2) For section 59(1B)(a) substitute –\n “(a) the driver is given a replacement work diary; or\n (aa) in the case of an electronic work diary that is malfunctioning – the diary is brought into working order; or\n (ab) in the case of an electronic work diary for which a component has been destroyed, lost or stolen – the driver is given a replacement component and the diary is brought into working order; or”.\n (3) For section 59(3) substitute –\n “(3) As soon as practicable (but within 2 business days) after the driver becomes aware that subsection (1) applies, the driver must give the Authority written notice, in a form approved by the Authority, of the relevant event that caused that subsection to apply.\n\nCourt‑imposed penalty: $4 000.\n\nInfringement notice penalty: $800.”.\n\n (4) For section 59(8) substitute –\n “(8) An offence against subsection (1A), (3), (4), (5), (6) or (7) is an offence of absolute liability.”.","sortOrder":12},{"sectionNumber":"11. Information that record keeper must ","sectionType":"section","heading":"11. Information that record keeper must record","content":"#### 11. Information that record keeper must record\n\n (1) For section 62(2) substitute –\n “(2) A record keeper is:\n (a) if an employed driver is working under standard hours or under a work/rest hours exemption that was not granted in combination with an operator’s BFM or AFM accreditation – the employer; or\n (b) if a self‑employed driver is working under standard hours or under a work/rest hours exemption that was not granted in combination with an operator’s BFM or AFM accreditation – the self‑employed driver; or\n (c) if an employed or self‑employed driver is working under an operator’s BFM or AFM accreditation or a work/rest hours exemption that was granted in combination with an operator’s BFM or AFM accreditation – the operator.\n\n> Note: Section 91 provides that a work/rest hours exemption may be granted in combination with an operator’s BFM or AFM accreditation.”.\n\n (2) In section 62(3A), after “AFM accreditation” insert “or under a work/rest hours exemption (whether or not granted in combination with an operator’s BFM or AFM accreditation)”.\n (3) In section 62(8A), before “transferred” insert “electronically”.\n (4) After section 62(9) insert –\n “(9A) If a driver uses an electronic work diary, the record keeper must ensure:\n (a) that the information recorded in the diary on a specific day is electronically transferred to the record keeper within 21 days after that day; or\n (b) that the driver complies with subsection (8).\n\nCourt‑imposed penalty: $2 000.\n\nInfringement notice penalty: $600.”.","sortOrder":13},{"sectionNumber":"12. Minor amendment","sectionType":"section","heading":"12. Minor amendment","content":"#### 12. Minor amendment\n\n In section 71(7), after “subsection (2)” insert “or (3)”.","sortOrder":14},{"sectionNumber":"13. Issue of written work diaries","sectionType":"section","heading":"13. Issue of written work diaries","content":"#### 13. Issue of written work diaries\n\n In section 73(5), for “replace a work diary” substitute “replace an existing written work diary”.","sortOrder":15},{"sectionNumber":"14. Approval of electronic work diaries","sectionType":"section","heading":"14. Approval of electronic work diaries","content":"#### 14. Approval of electronic work diaries\n\n (1) After section 74(5) insert –\n “(6) If the Authority does not make the decision sought by an applicant, the Authority must also give the applicant a written notice that states:\n (a) the Authority’s decision; and\n (b) the reasons for the decision; and\n (c) that the applicant may apply to have the decision reconsidered.”.\n (2) For section 75A(2) substitute –\n “(2) The person who, immediately before the cancellation took effect, held the approval must remove from any diaries in his, her or its possession any label that relates to the former approval.\n\nCourt‑imposed penalty: $6 000.\n\n (2A) The Authority may direct the person who, immediately before the cancellation took effect, held the approval to notify in writing each person to whom he, she or it has supplied any diary under the approval that the approval has been cancelled and that any label on any such diary still in the person’s possession should be removed.\n (2B) If the Authority gives a direction to a person under subsection (2A), the person must comply with the direction.\n\nCourt‑imposed penalty: $6 000.\n\n (2C) With the consent of the Authority, a person may comply with subsection (2A) by publishing details of the cancellation, and any further details specified by the Authority, using at least 2 of the following methods:\n (a) by notice published in a newspaper specified by the Authority;\n (b) by notice published in a journal or newsletter specified by the Authority;\n (c) on a website specified by the Authority.\n (2D) Nothing in this section prevents the Authority from publishing details of the cancellation by whatever means it thinks appropriate.\n\n> Note: Example: The Authority may publish the cancellation by gazettal or on a website.\n\n (3) After section 75A(3) insert –\n “(4) An offence against this section is an offence of absolute liability.\n (5) However, a person charged with the offence has the benefit of the reasonable steps defence.\n\n> Note: Section 24 explains the reasonable steps defence.”.\n\n (4) For section 75B(1)(a) substitute –\n “(a) for a specified period not exceeding 1 year;”.","sortOrder":16},{"sectionNumber":"15. Insertion of new section 76A","sectionType":"section","heading":"15. Insertion of new section 76A","content":"#### 15. Insertion of new section 76A\n\n After section 76 insert –\n\n“76A Notice of variation of approval\n\n (1) This section applies if:\n (a) the Authority varies the approval of an electronic work diary; and\n (b) in the Authority’s opinion, the variation will, or is likely to, significantly affect the way the diary is to be used.\n (2) The Authority may direct the person who, immediately before the variation took effect, held the approval to notify in writing each person to whom he, she or it has supplied any diary under the approval that the approval has been varied.\n (3) If the Authority gives a direction to a person under subsection (2), the person must comply with the direction.\n\nCourt‑imposed penalty: $6 000\n\n (4) With the consent of the Authority, a person may comply with subsection (3) by publishing details of the variation, and any further details specified by the Authority, using at least 2 of the following methods:\n (a) by notice published in a newspaper specified by the Authority;\n (b) by notice published in a journal or newsletter specified by the Authority;\n (c) on a website specified by the Authority.\n (5) Nothing in this section prevents the Authority from publishing details of the cancellation by whatever means it thinks appropriate.\n\n> Note: Example: The Authority may publish the cancellation by gazettal or on a website.\n\n (6) An offence against this section is an offence of absolute liability.\n (7) However, a person charged with the offence has the benefit of the reasonable steps defence.\n\n> Note: Section 24 explains the reasonable steps defence.”.","sortOrder":17},{"sectionNumber":"16. Consequential amendments","sectionType":"section","heading":"16. Consequential amendments","content":"#### 16. Consequential amendments\n\n (1) In section 76A –\n (a) for “76A” substitute “76B”;\n (b) for subsection (1)(a) substitute –\n “(a) in accordance with the manufacturer’s specifications, as varied by any conditions imposed by the Authority; and”.\n (2) In section 76B –\n (a) for “76B” substitute “76C”;\n (b) after subsection (2) insert –\n\n> Note: “Examples\n\n A statement by a driver describing how the driver operated the electronic work diary\n A statement by the owner of an electronic work diary describing how the electronic work diary has been maintained\n A statement by the record keeper that certain data was transmitted to the record keeper by the electronic work diary”.","sortOrder":18},{"sectionNumber":"17. Driver must carry AFM accreditation ","sectionType":"section","heading":"17. Driver must carry AFM accreditation details","content":"#### 17. Driver must carry AFM accreditation details\n\n For the penalty at the end of section 86(2) substitute –\n\n“Court‑imposed penalty: $2 000.\n\nInfringement notice penalty: $600.”.","sortOrder":19},{"sectionNumber":"18. Minor amendment","sectionType":"section","heading":"18. Minor amendment","content":"#### 18. Minor amendment\n\n In section 87(4), for “(1) or (2)” substitute “(1), (2) or (3)”.","sortOrder":20},{"sectionNumber":"19. Work/rest hours exemption","sectionType":"section","heading":"19. Work/rest hours exemption","content":"#### 19. Work/rest hours exemption\n\n (1) For sections 91(2) and (3) substitute –\n “(2) The Authority may grant a work/rest hours exemption to:\n (a) an employer, prime contractor, operator or self‑employed driver who applies for the exemption; or\n (b) a class of person, without the need for anyone to apply for the exemption.\n (3) An employer, prime contractor, operator or self‑employed driver who wants a work/rest hours exemption must apply to the Authority in accordance with section 93.”.\n (2) In section 91(5) –\n (a) for paragraph (d) substitute –\n “(d) if the proposed work and rest times could be accommodated within BFM or AFM hours – BFM or AFM accreditation would be unreasonable for the proposed operation in safely managing fatigue risks.”;\n (b) omit the note at the end of the section (but not the drafting note).\n (3) After section 91(5) insert –\n “(6) The Authority may grant a work/rest hours exemption in combination with an operator’s BFM or AFM accreditation.\n (7) If the Authority grants a work/rest hours exemption in combination with an operator’s BFM or AFM accreditation, it is a condition of the exemption that a driver must not work under the exemption unless the driver and the operator comply with all the requirements imposed on them under that accreditation.\n (8) In any period specified in a work/rest hours exemption, a driver to whom the exemption applies:\n (a) must not work for more than the maximum work time specified in the exemption; and\n (b) must have at least the minimum rest time specified in the exemption.\n\nPenalty: the penalty for the category of offence mentioned in column 4.\n\n> Note: Section 106 explains how an offence is specified as a minor risk offence, a substantial risk offence, a severe risk offence or a critical risk offence. Section 110 sets out the penalties for each category of offence.\n\n (9) A party in the chain of responsibility for the regulated heavy vehicle must ensure the driver does not contravene subsection (8).\n\nPenalty: the penalty for the category of offence mentioned in column 4.\n\n> Note: Section 106 explains how an offence is specified as a minor risk offence, a substantial risk offence, a severe risk offence or a critical risk offence. Section 110 sets out the penalties for each category of offence.\n\n (10) An offence against subsection (8) or (9) is an offence of absolute liability.\n (11) However, a party charged with an offence against subsection (8) or (9) has the benefit of the reasonable steps defence.\n\n> Note: Section 24 explains the reasonable steps defence.\n\n (12) In this section, a reference to a column by number is a reference to the column of that number in the following table:\n\nWork/rest hours exemption—Penalties\n\n| Column 1Total period | Column 2Maximum work | Column 3Minimum rest time | Column 4Offence category |\n| -------------------- | --------------------------------------------------- | -------------------------------------------------------- | -------------------------------------------------- |\n| In any period of … | If a driver has exceeded the maximum work time by … | If a driver has had less than the minimum rest time by … | … the following category of offence is committed … |\n| Less than 7 days |  45 mins work time |  45 mins rest time | minor risk |\n| | > 45 but  75 mins work time | > 45 but  75 mins rest time | substantial risk |\n| | > 75 but  90 mins work time | > 75 but  90 mins rest time | severe risk |\n| | > 90 mins work time | > 90 mins rest time | critical risk |\n| | | | |\n| 7 days or more |  1½ hours work time | | minor risk |\n| | > 1½ but  2½ hours work time | | substantial risk |\n| | > 2½ but  3 hours work time | | severe risk |\n| | > 3 hours work time | | critical risk |\n\n”.","sortOrder":21},{"sectionNumber":"20. Insertion of sections 94A and 94B","sectionType":"section","heading":"20. Insertion of sections 94A and 94B","content":"#### 20. Insertion of sections 94A and 94B\n\n After section 94 insert –\n\n“94A Driver must carry exemption\n\n (1) At all times while working under an exemption, a driver must have in his or her possession a copy of the exemption.\n\n> Note: An authorised officer or police officer may direct a driver to produce a record required to be kept by the driver – see section 44 of the C & E Act.\n\nCourt‑imposed penalty: $2 000.\n\nInfringement notice penalty: $600.\n\n (2) The employer of an employed driver, the prime contractor of a self‑employed driver and the operator of a regulated heavy vehicle that is being, or is to be, driven by a driver must ensure the driver does not contravene subsection (1).\n\nCourt‑imposed penalty: $2 000.\n\nInfringement notice penalty: $600.\n\n (3) If the exemption has been granted to an employer, an employed driver working under the exemption must return the copy of the exemption to the employer if the driver:\n (a) ceases to work for the employer or under the exemption; or\n (b) ceases to meet the requirements relating to drivers under the exemption.\n\nCourt‑imposed penalty: $2 000.\n\nInfringement notice penalty: $600.\n\n (4) If the exemption has been granted to a prime contractor, a self‑employed driver working under the exemption must return the copy of the exemption to the prime contractor if the driver:\n (a) ceases to work for the prime contractor or under the exemption; or\n (b) ceases to meet the requirements relating to drivers under the exemption.\n\nCourt‑imposed penalty: $2 000.\n\nInfringement notice penalty: $600.\n\n (5) If the exemption has been granted to an operator, a driver working under the exemption must return the copy of the exemption to the operator if the driver:\n (a) ceases to work under the exemption; or\n (b) ceases to meet the requirements relating to drivers under the exemption.\n\n> Note: Section 91 provides that a work/rest hours exemption may be granted in combination with BFM or AFM accreditation.\n\nCourt‑imposed penalty: $2 000.\n\nInfringement notice penalty: $600.”.\n\n94B Conditions of exemptions\n\n (1) An exemption is subject to any conditions stated in the exemption or specified by the regulations.\n (2) A person who is granted an exemption must not contravene a condition of the exemption.\n\nCourt‑imposed penalty: $6 000.\n\n (3) An offence against subsection (2) is an offence of strict liability.”.","sortOrder":22},{"sectionNumber":"21. Insertion of Division 6.1A","sectionType":"section","heading":"21. Insertion of Division 6.1A","content":"#### 21. Insertion of Division 6.1A\n\n After section 106 insert –\n\n“Division 6.1A—Extra‑territorial offences\n\n106A Proceedings may be taken in respect of an offence regardless of where it occurs\n\n Proceedings may be taken against a person in respect of a possible offence under this Act or a corresponding fatigue law, and the person may be convicted of the offence, or be otherwise dealt with in relation to the offence under this Part, even if the offence was, or appears to have been, committed by the person while the person was not in \\[this jurisdiction\\].”.","sortOrder":23},{"sectionNumber":"22. Penalties","sectionType":"section","heading":"22. Penalties","content":"#### 22. Penalties\n\n (1) In section 110(5), for the table substitute –\n\n“\n\n```html\n

Offence category

Infringement notice penalty

Court imposed penalty

Demerit points

1st offence

2nd or subsequent offence

minor risk

for a breach concerning the minimum rest time required in any total period of 12 hours or less – $200

for any other breach – $300

$1 000

$1 000

not available

substantial risk

$600

$2 000

the court‑imposed penalty for a severe risk offence

not available

severe risk

not available

$5 000

the court‑imposed penalty for a critical risk offence

3 demerit points

critical risk

not available

$10 000

$10 000 +
$1 000 per 15 min breach

4 demerit points

\n```\n\n”.\n\n (2) In section 110(6), for the table substitute –\n\n“\n\n```html\n

Offence category

Infringement notice penalty

Court imposed penalty

Demerit points

1st offence

2nd or subsequent offence

substantial risk

$600

$2 000

the court‑imposed penalty for a severe risk offence

not available

severe risk

not available

$5 000

the court‑imposed penalty for a critical risk offence

3 demerit points

critical risk

not available

$10 000

$10 000

4 demerit points

\n```\n\n”.","sortOrder":24},{"sectionNumber":"23. Decisions that may be reconsidered a","sectionType":"section","heading":"23. Decisions that may be reconsidered and reviewed","content":"#### 23. Decisions that may be reconsidered and reviewed\n\n (1) In section 120, insert as the first items in the table –\n\n“\n\n| 1 | 74 | decision not to approve an electronic work diary |\n| --- | --- | --------------------------------------------------------------------------------------- |\n| 2 | 75 | decision not to vary the approval of an electronic work diary on application |\n| 3 | 76 | decision to vary or cancel the approval of an electronic work diary without application |\n\n”.\n\n (2) In section 120, in the table, in the item that was numbered –\n (a) “1” before subsection (1) took effect, for “1” substitute “4”;\n (b) “2” before subsection (1) took effect, for “2” substitute “5”;\n (c) “3” before subsection (1) took effect, for “3” substitute “6”;\n (d) “4” before subsection (1) took effect, for “4” substitute “7”;\n (e) “5” before subsection (1) took effect, for “5” substitute “8”;\n (f) “6” before subsection (1) took effect, for “6” substitute “9”;\n (g) “7” before subsection (1) took effect, for “7” substitute “10”;\n (h) “8” before subsection (1) took effect, for “8” substitute “11”;\n (i) “9” before subsection (1) took effect, for “9” substitute “12”;\n (j) “10” before subsection (1) took effect, for “10” substitute “13”;\n (k) “11” before subsection (1) took effect, for “11” substitute “14”.","sortOrder":25},{"sectionNumber":"24. Substitution of section 132","sectionType":"section","heading":"24. Substitution of section 132","content":"#### 24. Substitution of section 132\n\n For section 132 substitute –\n\n“132 Existing logbooks\n\n (1) A driver may continue to use a logbook issued under the old Regulations as if it was a work diary for the purposes of this Act:\n (a) if the driver is working under standard hours – for 90 days after the commencement of this section or until the driver has obtained a work diary, whichever occurs first; or\n (b) if the driver is working under BFM hours as permitted by section 124 – for 14 days after the commencement of this section or until the driver has obtained a work diary, whichever occurs first; or\n (c) if the driver is working under BFM hours in any other circumstance or under AFM hours – for 14 days after the commencement of this section or until the driver has obtained a work diary, whichever occurs first.\n (2) A driver who is using a logbook under subsection (1) must comply with Part 4 of the old Regulations as if it continued to apply.\n (3) If a driver is working under the hours specified in a Fatigue Management Scheme exemption under the old Regulations as permitted by section 124, the driver may continue to use a document specified in that exemption as if it was a work diary for the purposes of this Act for the period specified in section 124 or until the exemption is cancelled.\n (4) For the purposes of this section:\n (a) a reference in section 62 to a work diary is to be read as if it was a reference to the logbook; and\n (b) if the driver is working under BFM hours as permitted by section 124 – the driver’s employer is the record keeper for the purposes of section 62; and\n (c) a reference in section 73 to an existing written work diary is to be read as if it was a reference to the logbook.\n\n132A Record keeping obligations continue\n\n An obligation on an employer or a self‑employed driver to keep copies of a driver’s driving records made under the old Regulations continues for 12 months after the commencement of this section as if regulation 61 or 62 of the old Regulations continued to apply.”.","sortOrder":26},{"sectionNumber":"25. Amendment to definition","sectionType":"section","heading":"25. Amendment to definition","content":"#### 25. Amendment to definition\n\n In the Dictionary, in the definition of “malfunction”, in the list of examples of an electronic work diary malfunctioning, after the last example insert –\n “• the data storage on the work diary becoming full”.","sortOrder":27}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The instrument expands scope beyond minor drafting fixes by (1) broadening the exemption power to include classes and to combine exemptions with BFM/AFM accreditation (s91), (2) imposing extra‑territorial application of the Act (s106A), (3) creating new absolute/strict liability offences and higher prescribed penalties (ss59(8),91(10)–(11),94B(3),s22/s110), and (4) adding substantive duties and enforcement tools for electronic work diary approvals, supplier notifications and record‑keepers (ss14,15,62(9A),75A,76A). These changes increase regulatory reach, compliance burdens and Authority discretion compared with the prior model."},"complexity_factors":["Interdependent changes to work/rest and diary duties that affect when drivers must carry and what they must record (ss5,8,9) — increases operational compliance points for drivers and employers.","Expansion of exemption regime to allow class exemptions and combination with BFM/AFM accreditations (s91(2),(6)–(7)) — broadens Authority discretion and creates hybrid compliance paths for operators.","New and varied liability regimes: absolute or strict liability for specific breaches and a reasonable steps defence for others (ss59(8),91(10)–(11),94B(3)) — shifts legal risk from fault‑based to tighter compliance.","Tighter electronic work diary approval, variation and cancellation rules with mandatory notification duties and penalties on suppliers (ss14,15,75A) — increases obligations and potential costs for e‑diary providers.","Stronger record‑keeping and data transfer obligations for record keepers using electronic diaries, with time limits and penalties (s62(9A)) — raises administrative burden on employers/operators.","Revised penalties and a reworked penalty matrix with specific infringement and court fines and demerit points (s22 / s110) — alters financial and licensing consequences for breaches.","Extra‑territorial jurisdiction for offences (s106A) — expands prosecutorial reach and legal uncertainty about cross‑border operations.","New duties to carry and return exemption documents and operator/employer liability for drivers’ compliance (ss94A(1)–(5)) — allocates direct record and custody responsibilities to businesses.","Transitional arrangements for old logbooks and continuation of old record obligations for a fixed period (ss132,132A) — creates parallel compliance rules during changeover."],"plain_english_summary":"These Regulations amend the Heavy Vehicle Driver Fatigue model law to change how work/rest hours and exemptions operate, tighten electronic work diary approval, record‑keeping and notification duties, increase penalties (including absolute/strict liability and demerit points) and add extra‑territorial reach. They affect drivers, employers, operators, record‑keepers and electronic diary suppliers.\n\nMechanically, they raise compliance and reporting duties (e.g. ss57,59,62,74–76A,91,94A), let the Authority grant class exemptions or combine exemptions with BFM/AFM accreditation (s91), and impose higher fines and strict liability for some breaches (ss59,91,94B,110). Who pays: drivers/operators/diary suppliers; who decides: the Authority."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of improving heavy vehicle driver fatigue management. While Package No. 4 adds significant detail (particularly around electronic work diaries and work/rest exemptions), these are evolutionary refinements to the existing framework rather than scope expansion. The amendments maintain the original intent of creating nationally consistent fatigue laws."},"complexity_factors":["Layered amendment structure: These regulations amend previous regulations (Packages 1-3) which themselves amended the original 2007 regulations, creating a four-deep nesting of amendments","Extensive cross-referencing: Multiple references to BFM (Basic Fatigue Management), AFM (Advanced Fatigue Management), and work/rest hours exemptions that interact in complex ways","Conditional logic: Different rules apply depending on whether drivers are employed/self-employed, working under standard/BFM/AFM hours, or operating under exemptions granted with or without accreditation","Dual penalty systems: Most offences specify both court-imposed penalties and infringement notice penalties, with some offences also having demerit points","Absolute and strict liability offences: Multiple sections specify these special liability standards (sections 59, 91, 94B) which affect what prosecutors must prove","Transitional provisions: Complex rules for existing logbooks with different time periods (90 days vs 14 days) depending on the fatigue scheme being used","Table-based penalty structures: Section 110 contains detailed penalty tables with multiple columns and conditional penalty amounts based on offence categories and prior offences"],"plain_english_summary":"This fourth package updates Australia’s model heavy‑vehicle fatigue rules, refining how truck and bus drivers, operators and regulators record and enforce work/rest hours. It clarifies use of special fatigue exemptions with accredited schemes, tightens electronic work diary failure and data‑transfer rules, expands diary‑ and exemption‑carrying requirements, and introduces tiered penalties and extraterritorial prosecutability. These are model provisions for states and territories to adopt to achieve nationally consistent fatigue management."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/national-transport-commission-model-amendments-act-heavy-vehicle-driver-fatigue-package-no-4-regulat","history":"/api/acts/national-transport-commission-model-amendments-act-heavy-vehicle-driver-fatigue-package-no-4-regulat/history","analysis":"/api/acts/national-transport-commission-model-amendments-act-heavy-vehicle-driver-fatigue-package-no-4-regulat/analysis","conflicts":"/api/acts/national-transport-commission-model-amendments-act-heavy-vehicle-driver-fatigue-package-no-4-regulat/conflicts","importantCases":"/api/acts/national-transport-commission-model-amendments-act-heavy-vehicle-driver-fatigue-package-no-4-regulat/important-cases","documents":"/api/acts/national-transport-commission-model-amendments-act-heavy-vehicle-driver-fatigue-package-no-4-regulat/documents"}}