726Statement by person involved with use or maintenance of approved electronic recording system

726 Statement by person involved with use or maintenance of approved electronic recording system

726 Statement by person involved with use or maintenance of approved electronic recording system

(1) This section applies to an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part.

(2) A written statement about how the approved electronic recording system has been used or maintained, and purporting to be made by the person purporting to be involved in the use or maintenance—

(a) is admissible in a proceeding under this Law relating to a fatigue-regulated heavy vehicle; and

(b) is evidence of the matters included in the statement.

Examples of statements—

• a statement made by the driver of a fatigue-regulated heavy vehicle who uses an electronic work diary about how the driver operated the work diary

• a statement made by an owner of an approved electronic recording system about how the owner has maintained the system

• a statement made by the record keeper (within the meaning given by section 317) of the driver of a fatigue-regulated heavy vehicle who uses an electronic work diary about how information was transmitted from the electronic work diary to the record keeper