461Restriction on grant of heavy vehicle accreditation

461 Restriction on grant of heavy vehicle accreditation (1) The Regulator may grant an applicant heavy vehicle accreditation (a) the applicant has in place a relevant management system for operations to be carried out under the accreditation; and (b) the applicant is able to comply with this Law, having regard to— (i) the information provided to the Regulator under this Part; and (ii) the matters to which the Regulator may or must have regard under subsection (4); and (c) the applicant is a suitable person to be granted the accreditation, having regard to— (i) the information provided to the Regulator under this Part; and (ii) the matters to which the Regulator may or must have regard under subsection (4); and (d) for AFM accreditation— (i) the driver fatigue management practices stated in the applicant’s AFM fatigue management system, together with the maximum work times and minimum rest times that are to apply to drivers operating under the accreditation would, if complied with, safely manage the risk of driver fatigue; and (ii) the applicant and drivers operating under the accreditation are likely to follow the driver fatigue management practices consistently and effectively; and

(iii) the drivers operating under the accreditation are likely to comply with the maximum work times and minimum rest times that are to apply to the drivers under the accreditation. (2) In considering the maximum work times and minimum rest times that are to apply to drivers operating under an AFM accreditation, the (a) must be satisfied the maximum work times and minimum rest times appear to provide a safe balance between work, rest, risk management and fatigue countermeasures; and (b) must not set maximum work times and minimum rest times the Regulator considers would be unsafe, having regard to the applicant’s AFM fatigue management system and any relevant body of fatigue knowledge. (3) The Regulator may grant an AFM accreditation setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant. (4) In deciding an application for a heavy vehicle accreditation, the (a) may have regard to anything the Regulator considers relevant including— (i) the results of any audits carried out on the applicant’s relevant management system; and (ii) for assessing an applicant’s AFM fatigue management system—any relevant body of fatigue knowledge; and (b) must have regard to the approved guidelines for granting heavy vehicle accreditations under this Law.