319AGeneral requirements about driver recording and giving information to record keeper

319A General requirements about driver recording and giving information to record keeper

319A General requirements about driver recording and giving information to record keeper

(1) This section applies if the driver’s record keeper on a relevant day is a person other than the driver.

(2) The driver must, unless the driver has a reasonable excuse—

(a) within 24 hours after the driver stops working on the relevant day, record the information mentioned in section 319(1)(a)(iii) to (vi) for that day; and

(b) within 21 days after the relevant day, give the information mentioned in section 319(1) for that day to the driver’s record keeper.

Maximum penalty—$3000.

(3) The requirement imposed on the driver by subsection (2)(a) is taken to be satisfied if the record keeper records the information within the period mentioned in the provision.

(4) The requirement imposed on the driver by subsection (2)(b) is taken to be satisfied if the record keeper obtains the information within the period mentioned in the provision in any way, including, for example, because the information is recorded—

(a) in an electronic work diary used by the driver, the information in which is maintained by the record keeper; or

(b) by the record keeper.

(5) The record keeper must, so far as is reasonably practicable, ensure the driver complies with subsection (2)(b).

Maximum penalty—$3000.

(6) If the record keeper has engaged another person under a contract for services to comply with subsection (5) for the record keeper—

(a) the record keeper remains liable for an offence against subsection (5); and

(b) the other person is also liable for an offence against subsection (5) as if the other person were the record keeper mentioned in the subsection.

(7) In this section—

relevant day means a day on which the driver drives a fatigue-regulated heavy vehicle on a road.

s 319A: Ins 2018 No 10, sec 23.