sec.343Deciding application for approval

### sec.343 Deciding application for approval The Regulator must, as soon as practicable after receiving an application for an electronic recording system approval— grant the approval, with or without conditions about the use or maintenance of the electronic recording system to which the approval relates; or refuse the application. The Regulator may approve an electronic recording system only if the Regulator is satisfied the system— is suitable or has a part that is suitable for fitting to, or for use in, a fatigue-regulated heavy vehicle; and has a mechanism that readily indicates to the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, that the system is or is not properly functioning; and is capable of— accurately monitoring and recording the work times and rest times of the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used; and accurately recording any other information the driver is required by this Law to record in a work diary; and if the system or a part of it is to be fitted to a fatigue-regulated heavy vehicle and is to be used by more than 1 driver of the vehicle, is capable of ensuring the following— all of the information mentioned in paragraph (c) can be accurately monitored or recorded for each of the drivers; the details recorded by, or in relation to, 1 of the drivers are readily distinguishable from the details recorded by, or in relation to, the other drivers; the name of the driver in relation to whom details are recorded is shown whenever the details are accessed; 1 of the drivers can not record any information, that the driver is required by this Law to record in a work diary, in the system for any of the other drivers; and has a mechanism to ensure the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, can not alter any information the driver records in the system once the driver has had an opportunity to confirm the accuracy of the information; and is capable of enabling the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, to send information to the driver’s record keeper; and has a mechanism that, at least once each day, readily indicates to the driver whether information has or has not been sent to the record keeper; and is capable of readily reproducing, on being accessed by the record keeper for the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, the information that the system contains; and is capable of readily reproducing, on being accessed by an authorised officer while the vehicle to which it or a part of it is fitted, or in which it or a part of it is used, is on a road, the information the system contains in a form that— is readily accessible by the officer; and is reasonably capable of being understood by the officer; and can be used as evidence. In deciding whether or not to grant the approval, the Regulator must have regard to the approved guidelines for granting electronic recording system approvals. An approved electronic recording system may be, or be a part of, an approved intelligent transport system. sch s 343 amd 2015 No. 12 s 41 (sec.343-ssec.1) The Regulator must, as soon as practicable after receiving an application for an electronic recording system approval— grant the approval, with or without conditions about the use or maintenance of the electronic recording system to which the approval relates; or refuse the application. (sec.343-ssec.2) The Regulator may approve an electronic recording system only if the Regulator is satisfied the system— is suitable or has a part that is suitable for fitting to, or for use in, a fatigue-regulated heavy vehicle; and has a mechanism that readily indicates to the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, that the system is or is not properly functioning; and is capable of— accurately monitoring and recording the work times and rest times of the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used; and accurately recording any other information the driver is required by this Law to record in a work diary; and if the system or a part of it is to be fitted to a fatigue-regulated heavy vehicle and is to be used by more than 1 driver of the vehicle, is capable of ensuring the following— all of the information mentioned in paragraph (c) can be accurately monitored or recorded for each of the drivers; the details recorded by, or in relation to, 1 of the drivers are readily distinguishable from the details recorded by, or in relation to, the other drivers; the name of the driver in relation to whom details are recorded is shown whenever the details are accessed; 1 of the drivers can not record any information, that the driver is required by this Law to record in a work diary, in the system for any of the other drivers; and has a mechanism to ensure the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, can not alter any information the driver records in the system once the driver has had an opportunity to confirm the accuracy of the information; and is capable of enabling the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, to send information to the driver’s record keeper; and has a mechanism that, at least once each day, readily indicates to the driver whether information has or has not been sent to the record keeper; and is capable of readily reproducing, on being accessed by the record keeper for the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, the information that the system contains; and is capable of readily reproducing, on being accessed by an authorised officer while the vehicle to which it or a part of it is fitted, or in which it or a part of it is used, is on a road, the information the system contains in a form that— is readily accessible by the officer; and is reasonably capable of being understood by the officer; and can be used as evidence. (sec.343-ssec.3) In deciding whether or not to grant the approval, the Regulator must have regard to the approved guidelines for granting electronic recording system approvals. (sec.343-ssec.4) An approved electronic recording system may be, or be a part of, an approved intelligent transport system. - (a) grant the approval, with or without conditions about the use or maintenance of the electronic recording system to which the approval relates; or - (b) refuse the application. - (a) is suitable or has a part that is suitable for fitting to, or for use in, a fatigue-regulated heavy vehicle; and - (b) has a mechanism that readily indicates to the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, that the system is or is not properly functioning; and - (c) is capable of— (i) accurately monitoring and recording the work times and rest times of the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used; and (ii) accurately recording any other information the driver is required by this Law to record in a work diary; and - (i) accurately monitoring and recording the work times and rest times of the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used; and - (ii) accurately recording any other information the driver is required by this Law to record in a work diary; and - (d) if the system or a part of it is to be fitted to a fatigue-regulated heavy vehicle and is to be used by more than 1 driver of the vehicle, is capable of ensuring the following— (i) all of the information mentioned in paragraph (c) can be accurately monitored or recorded for each of the drivers; (ii) the details recorded by, or in relation to, 1 of the drivers are readily distinguishable from the details recorded by, or in relation to, the other drivers; (iii) the name of the driver in relation to whom details are recorded is shown whenever the details are accessed; (iv) 1 of the drivers can not record any information, that the driver is required by this Law to record in a work diary, in the system for any of the other drivers; and - (i) all of the information mentioned in paragraph (c) can be accurately monitored or recorded for each of the drivers; - (ii) the details recorded by, or in relation to, 1 of the drivers are readily distinguishable from the details recorded by, or in relation to, the other drivers; - (iii) the name of the driver in relation to whom details are recorded is shown whenever the details are accessed; - (iv) 1 of the drivers can not record any information, that the driver is required by this Law to record in a work diary, in the system for any of the other drivers; and - (e) has a mechanism to ensure the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, can not alter any information the driver records in the system once the driver has had an opportunity to confirm the accuracy of the information; and - (f) is capable of enabling the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, to send information to the driver’s record keeper; and - (g) has a mechanism that, at least once each day, readily indicates to the driver whether information has or has not been sent to the record keeper; and - (h) is capable of readily reproducing, on being accessed by the record keeper for the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, the information that the system contains; and - (i) is capable of readily reproducing, on being accessed by an authorised officer while the vehicle to which it or a part of it is fitted, or in which it or a part of it is used, is on a road, the information the system contains in a form that— (i) is readily accessible by the officer; and (ii) is reasonably capable of being understood by the officer; and (iii) can be used as evidence. - (i) is readily accessible by the officer; and - (ii) is reasonably capable of being understood by the officer; and - (iii) can be used as evidence. - (i) accurately monitoring and recording the work times and rest times of the driver of the fatigue-regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used; and - (ii) accurately recording any other information the driver is required by this Law to record in a work diary; and - (i) all of the information mentioned in paragraph (c) can be accurately monitored or recorded for each of the drivers; - (ii) the details recorded by, or in relation to, 1 of the drivers are readily distinguishable from the details recorded by, or in relation to, the other drivers; - (iii) the name of the driver in relation to whom details are recorded is shown whenever the details are accessed; - (iv) 1 of the drivers can not record any information, that the driver is required by this Law to record in a work diary, in the system for any of the other drivers; and - (i) is readily accessible by the officer; and - (ii) is reasonably capable of being understood by the officer; and - (iii) can be used as evidence.