sec.313What record keeper must do if electronic work diary not in working order or malfunctioning

### sec.313 What record keeper must do if electronic work diary not in working order or malfunctioning 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 of, or has reason to suspect, either of the following matters— that the electronic work diary is not in working order; that the electronic work diary is malfunctioning or has malfunctioned. The record keeper may become aware as mentioned in paragraph (c) whether or not the record keeper has been informed by the driver under section 309 or an intelligent access program reporting entity under section 310 . The record keeper must as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter inform the driver about the matter unless the driver informed the record keeper about the matter under section 309 . Maximum penalty—$6000. The record keeper must, after becoming aware of the matter or having reason to suspect the matter— as soon as reasonably practicable, direct the driver in the approved form to use a supplementary record in compliance with section 305 ; and as soon as reasonably practicable, give the driver information that was in the electronic work diary, in a way that makes the information readily available to the driver, that— is accessible to the record keeper; and relates to any period during the last 28 days; and is not stored in the electronic work diary because the electronic work diary is not in working order or is malfunctioning or has malfunctioned; and within 2 business days, notify the Regulator in the approved form that the electronic work diary is not in working order or is malfunctioning or has malfunctioned, unless the record keeper has a reasonable excuse; and within a period required by the Regulator, ensure the electronic work diary is examined and brought into working order and is not malfunctioning. Maximum penalty—$6000. Subsection (5) applies if the driver of the vehicle changes during any period that is relevant to the duties imposed on the record keeper by subsection (2) or (3) . Each reference to the driver in subsection (2) or (3) is a reference to the driver of the vehicle when the record keeper acts under the subsection. If the record keeper has engaged another person under a contract for services to comply with subsection (2) or (3) for the record keeper— the record keeper remains liable for an offence against subsection (2) or (3) ; and the other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection. Subsection (6) does not apply if the other person is engaged under a contract for services only to repair or otherwise bring the electronic work diary into working order. A person in the business of repairing electronic recording systems is engaged under a contract for services to repair or otherwise bring the electronic work diary into working order on behalf of the record keeper. sch s 313 amd 2015 No. 12 s 31 ; 2016 No. 65 ss 54, 139 (sec.313-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 of, or has reason to suspect, either of the following matters— that the electronic work diary is not in working order; that the electronic work diary is malfunctioning or has malfunctioned. The record keeper may become aware as mentioned in paragraph (c) whether or not the record keeper has been informed by the driver under section 309 or an intelligent access program reporting entity under section 310 . (sec.313-ssec.2) The record keeper must as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter inform the driver about the matter unless the driver informed the record keeper about the matter under section 309 . Maximum penalty—$6000. (sec.313-ssec.3) The record keeper must, after becoming aware of the matter or having reason to suspect the matter— as soon as reasonably practicable, direct the driver in the approved form to use a supplementary record in compliance with section 305 ; and as soon as reasonably practicable, give the driver information that was in the electronic work diary, in a way that makes the information readily available to the driver, that— is accessible to the record keeper; and relates to any period during the last 28 days; and is not stored in the electronic work diary because the electronic work diary is not in working order or is malfunctioning or has malfunctioned; and within 2 business days, notify the Regulator in the approved form that the electronic work diary is not in working order or is malfunctioning or has malfunctioned, unless the record keeper has a reasonable excuse; and within a period required by the Regulator, ensure the electronic work diary is examined and brought into working order and is not malfunctioning. Maximum penalty—$6000. (sec.313-ssec.4) Subsection (5) applies if the driver of the vehicle changes during any period that is relevant to the duties imposed on the record keeper by subsection (2) or (3) . (sec.313-ssec.5) Each reference to the driver in subsection (2) or (3) is a reference to the driver of the vehicle when the record keeper acts under the subsection. (sec.313-ssec.6) If the record keeper has engaged another person under a contract for services to comply with subsection (2) or (3) for the record keeper— the record keeper remains liable for an offence against subsection (2) or (3) ; and the other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection. (sec.313-ssec.7) Subsection (6) does not apply if the other person is engaged under a contract for services only to repair or otherwise bring the electronic work diary into working order. A person in the business of repairing electronic recording systems is engaged under a contract for services to repair or otherwise bring the electronic work diary into working order on behalf of the record keeper. - (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 of, or has reason to suspect, either of the following matters— (i) that the electronic work diary is not in working order; (ii) that the electronic work diary is malfunctioning or has malfunctioned. Note— The record keeper may become aware as mentioned in paragraph (c) whether or not the record keeper has been informed by the driver under section 309 or an intelligent access program reporting entity under section 310 . - (i) that the electronic work diary is not in working order; - (ii) that the electronic work diary is malfunctioning or has malfunctioned. - (i) that the electronic work diary is not in working order; - (ii) that the electronic work diary is malfunctioning or has malfunctioned. - (a) as soon as reasonably practicable, direct the driver in the approved form to use a supplementary record in compliance with section 305 ; and - (b) as soon as reasonably practicable, give the driver information that was in the electronic work diary, in a way that makes the information readily available to the driver, that— (i) is accessible to the record keeper; and (ii) relates to any period during the last 28 days; and (iii) is not stored in the electronic work diary because the electronic work diary is not in working order or is malfunctioning or has malfunctioned; and - (i) is accessible to the record keeper; and - (ii) relates to any period during the last 28 days; and - (iii) is not stored in the electronic work diary because the electronic work diary is not in working order or is malfunctioning or has malfunctioned; and - (c) within 2 business days, notify the Regulator in the approved form that the electronic work diary is not in working order or is malfunctioning or has malfunctioned, unless the record keeper has a reasonable excuse; and - (d) within a period required by the Regulator, ensure the electronic work diary is examined and brought into working order and is not malfunctioning. - (i) is accessible to the record keeper; and - (ii) relates to any period during the last 28 days; and - (iii) is not stored in the electronic work diary because the electronic work diary is not in working order or is malfunctioning or has malfunctioned; and - (a) the record keeper remains liable for an offence against subsection (2) or (3) ; and - (b) the other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection.