221Definitions for Ch 6

221 Definitions for Ch 6 100km work has the meaning given by section 289(1). 100+km work has the meaning given by section 289(2). AFM fatigue management system has the meaning given by AFM hours has the meaning given by section 257. approved electronic recording system means an electronic recording system the subject of a current approval under section 343 or a corresponding fatigue law. approved sleeper berth means— (a) for a fatigue-regulated heavy vehicle other than a fatigue- regulated bus—a driver’s sleeper berth that complies with ADR 42 and is able to be used by the driver when resting; or (b) for a fatigue-regulated bus—a driver’s sleeper berth that— (i) complies with a standard for sleeper berths that is approved by the responsible Ministers under section 654; and (ii) is able to be used by the driver when resting. BFM hours has the meaning given by section 253. cancel, in relation to an unused daily sheet in a written work diary, means cancel by writing ‘cancelled’ in large letters across the sheet.

cause of fatigue means any factor that could cause or contribute to a person being fatigued while driving a fatigue-regulated heavy vehicle on a road (whether or not the cause arises while the person is at work). • physical or mental exertion • long periods of time awake • not enough sleep or not enough restorative sleep • not enough rest time • a person’s circadian rhythm (body clock) • environmental stress factors, including heat, noise, vibrations • personal health corresponding fatigue law— 1 A corresponding fatigue law is a law of a non-participating jurisdiction that provides for the same, or substantially the same, matters as this Chapter. 2 A corresponding fatigue law for a provision of this Chapter is a provision of a corresponding fatigue law within the meaning of paragraph 1 that corresponds, or substantially corresponds, to the provision of this Chapter. 3 For the purposes of paragraph 1, it is irrelevant whether the law of the non-participating jurisdiction— (a) is in 1 instrument or 2 or more instruments; or (b) is part of an instrument; or (c) is part of an instrument and the whole or part of 1 or more other instruments. critical risk breach, for a maximum work requirement or minimum rest requirement, has the meaning given by section 222(4). daily sheet, for a written work diary, has the meaning given by section 338(2)(b).

electronic recording system means a system of recording information electronically. electronic work diary, in relation to a fatigue-regulated heavy vehicle, means all or part of an approved electronic recording system that is fitted to or used in relation to the vehicle to record information a driver of the vehicle is required by this Law to record in a work diary for the purposes of this Law. entry, in a work record, means anything written or otherwise recorded in the work record. exemption hours has the meaning given by section 259. fatigue has the meaning given by section 223. impaired by fatigue has the meaning given by section 225. intelligent access program reporting entity, for an approved intelligent transport system, means a person on whom there is an obligation, imposed by Chapter 7, to report a malfunction of or tampering with the system to the Regulator. loading manager— Section 5 contains the definition loading manager. That definition is affected by the definition regular loading or unloading premises, and is used in this Chapter. As a result of the interaction of the 2 definitions, this Chapter applies to a person as a loading manager only if the premises concerned are premises at or from which an average of at least 5 fatigue-regulated heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles. major rest break means rest time of at least 5 continuous hours. malfunction, of an electronic work diary or an odometer, means the work diary or odometer— (a) ceases to work at all, or works only intermittently; or