Section 341 - Heavy Vehicle National Law (NSW) - Period for which, and way in which, records must be kept

341Period for which, and way in which, records must be kept

Start here

Get a plain-English read of 341

Turn the raw legal text into a practical explanation grounded in Heavy Vehicle National Law (NSW).

341 Period for which, and way in which, records must be kept

(1) The record keeper of the driver of a fatigue-regulated heavy vehicle must, unless the record keeper has a reasonable excuse, keep a record required to be made or kept under Division 3, or a copy of the record, for 3 years after—

(a) for a record made by the record keeper—the day the record keeper makes the record; or

(b) for another record—the day the record keeper receives the record.

Maximum penalty—$6000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(2) The record keeper of the driver of a fatigue-regulated heavy vehicle must, unless the record keeper has a reasonable excuse, keep a record required to be made or kept under (or by a condition under) Division 8 or 8A, or a copy of the record, for a period of 3 years, or, if a condition of an exemption states a record must be kept for a period of less than 3 years, the period stated in the condition, after—

(a) for a record made by the record keeper—the day the record keeper makes the record; or

(b) for another record—the day the record keeper receives the record.

Maximum penalty—$6000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(3) Except where the driver is his or her own record keeper, the record keeper must, unless the record keeper has a reasonable excuse, keep the record or copy at the driver’s record location in a way that ensures it is readily available to an authorised officer at the record location.

Maximum penalty—$3000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(4) If the driver is his or her own record keeper, the driver as record keeper must, unless the driver as record keeper has a reasonable excuse, ensure the record or copy of the record is kept at the driver’s record location in a way that ensures it is readily available to an authorised officer at the record location by the end of the 21-day period after the day the record is made.

Maximum penalty—$3000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(5) The record keeper must, unless the record keeper has a reasonable excuse, keep the record or copy in a way that ensures it is—