sec.311What record keeper must do if electronic work diary filled up

### sec.311 What record keeper must do if electronic work diary filled up This section applies if— the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and the driver uses an electronic work diary supplied to the driver by the record keeper; and the record keeper becomes aware or has reason to suspect that the electronic work diary has been filled up. The record keeper must, as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter— either— make the electronic work diary capable of recording new information; or give the driver a new electronic work diary that is in working order; and if the record keeper removes any information relating to any period during the last 28 days from the work diary to make it capable of recording new information—give the driver the removed information in a way that makes the information readily available to the driver; and notify the Regulator in the approved form that the electronic work diary has been filled up. Maximum penalty—$6000. If the record keeper has engaged another person under a contract for services to comply with subsection (2) for the record keeper— the record keeper remains liable for an offence against subsection (2) ; and the other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection. sch s 311 amd 2015 No. 12 s 29 ; 2016 No. 65 s 52 (sec.311-ssec.1) This section applies if— the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and the driver uses an electronic work diary supplied to the driver by the record keeper; and the record keeper becomes aware or has reason to suspect that the electronic work diary has been filled up. (sec.311-ssec.2) The record keeper must, as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter— either— make the electronic work diary capable of recording new information; or give the driver a new electronic work diary that is in working order; and if the record keeper removes any information relating to any period during the last 28 days from the work diary to make it capable of recording new information—give the driver the removed information in a way that makes the information readily available to the driver; and notify the Regulator in the approved form that the electronic work diary has been filled up. Maximum penalty—$6000. (sec.311-ssec.3) If the record keeper has engaged another person under a contract for services to comply with subsection (2) for the record keeper— the record keeper remains liable for an offence against subsection (2) ; and the other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection. - (a) the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and - (b) the driver uses an electronic work diary supplied to the driver by the record keeper; and - (c) the record keeper becomes aware or has reason to suspect that the electronic work diary has been filled up. - (a) either— (i) make the electronic work diary capable of recording new information; or (ii) give the driver a new electronic work diary that is in working order; and - (i) make the electronic work diary capable of recording new information; or - (ii) give the driver a new electronic work diary that is in working order; and - (b) if the record keeper removes any information relating to any period during the last 28 days from the work diary to make it capable of recording new information—give the driver the removed information in a way that makes the information readily available to the driver; and - (c) notify the Regulator in the approved form that the electronic work diary has been filled up. - (i) make the electronic work diary capable of recording new information; or - (ii) give the driver a new electronic work diary that is in working order; and - (a) the record keeper remains liable for an offence against subsection (2) ; and - (b) the other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection.