QLDIn ForceAct
Heavy Vehicle National Law Act 2012
sec.322General requirements about driver giving information to record keeper
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### sec.322 General requirements about driver giving information to record keeper
This section applies if—
the driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2 ; and
the driver’s record keeper is a person other than the driver.
The driver must, within 21 days after the day on which the driver drove the vehicle, give a copy of the work diary entry recording the information, including any entry made in a supplementary record recording the information for that day, to each person who was a record keeper for the driver on that day, unless the driver has a reasonable excuse.
Maximum penalty—$3000.
The requirement imposed on the driver by subsection (2) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provision.
The record keeper must ensure, so far as is reasonably practicable, the driver complies with subsection (2) .
Maximum penalty—$3000.
If the record keeper has engaged another person under a contract for services to comply with subsection (4) for the record keeper—
the record keeper remains liable for an offence against subsection (4) ; and
the other person is also liable for an offence against subsection (4) as if the other person were the record keeper mentioned in the subsection.
sch s 322 amd 2015 No. 12 s 34 ; 2016 No. 65 s 58
(sec.322-ssec.1) This section applies if— the driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2 ; and the driver’s record keeper is a person other than the driver.
(sec.322-ssec.2) The driver must, within 21 days after the day on which the driver drove the vehicle, give a copy of the work diary entry recording the information, including any entry made in a supplementary record recording the information for that day, to each person who was a record keeper for the driver on that day, unless the driver has a reasonable excuse. Maximum penalty—$3000.
(sec.322-ssec.3) The requirement imposed on the driver by subsection (2) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provision.
(sec.322-ssec.4) The record keeper must ensure, so far as is reasonably practicable, the driver complies with subsection (2) . Maximum penalty—$3000.
(sec.322-ssec.5) If the record keeper has engaged another person under a contract for services to comply with subsection (4) for the record keeper— the record keeper remains liable for an offence against subsection (4) ; and the other person is also liable for an offence against subsection (4) as if the other person were the record keeper mentioned in the subsection.
- (a) the driver of a fatigue-regulated heavy vehicle is required to record information in the driver’s work diary under Division 2 ; and
- (b) the driver’s record keeper is a person other than the driver.
- (a) the record keeper remains liable for an offence against subsection (4) ; and
- (b) the other person is also liable for an offence against subsection (4) as if the other person were the record keeper mentioned in the subsection.