Subdiv 1Requirement to carry work diary

Subdivision 1—Requirement to carry work diary 291—Application of Subdivision 1 This Subdivision applies if the driver of a fatigue‑regulated heavy vehicle— (a) is undertaking 100+km work under standard hours; or (b) was undertaking 100+km work under standard hours in the last 28 days; or (c) is working under BFM hours, AFM hours or exemption hours; or (d) was working under BFM hours, AFM hours or exemption hours in the last 28 days. 292—Meaning of work diary for Subdivision 1 (1) In this Subdivision, a reference to a work diary in relation to the driver of a fatigue‑regulated heavy vehicle is a reference to the following: (a) if the driver has used only 1 or more written work diaries in the last 28 days— (i) the written work diary the driver is currently using; and (ii) any filled‑up written work diary the driver has used during the last 28 days; (b) if the driver has used only 1 or more electronic work diaries in the last 28 days—information in each electronic work diary relating to any period during the last 28 days; (c) if the driver has used a combination of 1 or more written work diaries and 1 or more electronic work diaries in the last 28 days— (i) each of the written work diaries the driver is using or has used during the last 28 days; and (ii) the information in each of the electronic work diaries the driver is using or has used during the last 28 days that relates to any period during the last 28 days. (2) If the driver has made a supplementary record in the last 28 days, for this Subdivision, the supplementary record is taken to be part of the driver's work diary. Section 305(4) provides in effect that a driver can no longer use a supplementary record if the driver is issued with a new work diary, the driver's existing electronic work diary is made capable of recording new information or is brought back into working order, or 7 business days have expired (whichever first happens). 293—Driver of fatigue‑regulated heavy vehicle must carry work diary (1) The driver of a fatigue‑regulated heavy vehicle must— (a) keep a work diary; and (b) ensure— (i) the driver's work diary records the information required to be recorded under Subdivision 2 for each day in the previous 28 days; and (ii) the driver's work diary is in the driver's possession while the driver is driving the vehicle. 1 For the requirement to record particular information in a supplementary record if the work diary of the driver of a fatigue‑regulated heavy vehicle is filled up, destroyed, lost, stolen or, for an electronic diary, is malfunctioning, see section 305. 2 Under section 568, an authorised officer may require the driver of a fatigue‑regulated heavy vehicle to produce for inspection the driver's work diary. (2) Subsection (1) applies irrespective of the number of days in the previous 28 days the driver spent working in relation to a fatigue‑regulated heavy vehicle. (3) In a proceeding for an offence against subsection (1) relating to the driver failing to keep a work diary containing particular information, it is a defence for the driver to prove that— (a) the information was recorded in a work diary that, at the time of the offence, has been destroyed (other than by the driver) or lost or stolen; or (b) the information was— (i) recorded in an electronic work diary; and (ii) destroyed or lost as a result of a malfunction of the electronic work diary before the information was given to the driver's record keeper or recorded in any other way.