343Deciding application for approval

343 Deciding application for approval

343 Deciding application for approval

(1) The Regulator must, as soon as practicable after receiving an application for an electronic recording system approval—

(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.

(2) The Regulator may approve an electronic recording system only if the Regulator is satisfied the system—

(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

(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

(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