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

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

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

(1) This section applies if—

(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.

(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.

Editorial note.

See also section 737 (Increase of penalty amounts).

(3) The record keeper must, after becoming aware of the matter or having reason to suspect the matter—

(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

(ii) 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