sec.461Restriction on grant of heavy vehicle accreditation

### sec.461 Restriction on grant of heavy vehicle accreditation The Regulator may grant an applicant heavy vehicle accreditation only if the Regulator is satisfied— the applicant has in place a relevant management system for operations to be carried out under the accreditation; and the applicant is able to comply with this Law, having regard to— the information provided to the Regulator under this Part; and the matters to which the Regulator may or must have regard under subsection (4) ; and the applicant is a suitable person to be granted the accreditation, having regard to— the information provided to the Regulator under this Part; and the matters to which the Regulator may or must have regard under subsection (4) ; and for AFM accreditation— 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 the applicant and drivers operating under the accreditation are likely to follow the driver fatigue management practices consistently and effectively; and 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. In considering the maximum work times and minimum rest times that are to apply to drivers operating under an AFM accreditation, the Regulator— 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 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. 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. In deciding an application for a heavy vehicle accreditation, the Regulator— may have regard to anything the Regulator considers relevant including— the results of any audits carried out on the applicant’s relevant management system; and for assessing an applicant’s AFM fatigue management system—any relevant body of fatigue knowledge; and must have regard to the approved guidelines for granting heavy vehicle accreditations under this Law. sch s 461 sub 2025 No. 26 s 102 (uncommenced amendment) _____ sch s 461A ins 2025 No. 26 s 102 (uncommenced amendment) (sec.461-ssec.1) The Regulator may grant an applicant heavy vehicle accreditation only if the Regulator is satisfied— the applicant has in place a relevant management system for operations to be carried out under the accreditation; and the applicant is able to comply with this Law, having regard to— the information provided to the Regulator under this Part; and the matters to which the Regulator may or must have regard under subsection (4) ; and the applicant is a suitable person to be granted the accreditation, having regard to— the information provided to the Regulator under this Part; and the matters to which the Regulator may or must have regard under subsection (4) ; and for AFM accreditation— 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 the applicant and drivers operating under the accreditation are likely to follow the driver fatigue management practices consistently and effectively; and 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. (sec.461-ssec.2) In considering the maximum work times and minimum rest times that are to apply to drivers operating under an AFM accreditation, the Regulator— 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 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. (sec.461-ssec.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. (sec.461-ssec.4) In deciding an application for a heavy vehicle accreditation, the Regulator— may have regard to anything the Regulator considers relevant including— the results of any audits carried out on the applicant’s relevant management system; and for assessing an applicant’s AFM fatigue management system—any relevant body of fatigue knowledge; and must have regard to the approved guidelines for granting heavy vehicle accreditations under this Law. - (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 - (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 - (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. - (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. - (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 - (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 - (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. - (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. - (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 - (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. - (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