Subdiv 2Information required to be included in work diary

Subdivision 2—Information required to be included in work diary 294—Purpose of and definition for Subdivision 2 (1) This Subdivision provides for the information the driver of a fatigue‑regulated heavy vehicle must record in the driver's work diary for each day on which the driver— (a) undertakes 100+km work under standard hours; or (b) works under BFM hours, AFM hours or exemption hours. (2) In this Subdivision— required information means information required by the national regulations under section 295 to be recorded in the driver's work diary. 295—National regulations for information to be included in work diary (1) The national regulations may provide for— (a) the information that is to be recorded in the driver's work diary; and (b) the manner in which information is to be recorded in the driver's work diary; and (c) any other matter relating to information that is to be recorded in the driver's work diary. (2) Without limiting subsection (1), the national regulations may provide— (a) for information to be recorded on a daily basis (including each period of work time and rest time the driver has on a day) or on some other stated basis; and (b) for information to be recorded immediately before or after a period of work time or rest time; and (c) for information to be recorded when finishing work for a day; and (d) for information to be recorded when there is a change of the driver's base; and (e) for information to be recorded when there is a change of the driver's record location; and (f) for information to be recorded regarding the parties to a two-up driving arrangement. (3) Without limiting subsections (1) and (2), the national regulations may provide that, if the driver stops working on a day and starts a major rest break that will continue until the end of the day, the driver may stop recording information for the day when the driver stops working and starts the major rest break. 296—Recording information under the national regulations—general (1) The driver must record the required information in the driver's work diary in the manner and at the time prescribed by the national regulations. (2) Subsection (1) does not apply to information to which section 297 applies. 297—Information required to be recorded immediately after starting work (1) This section applies to required information that the national regulations specify for the purposes of this section as required to be recorded immediately after the driver starts work on a day. (2) The driver must record the required information to which this section applies immediately after starting work on a day. (3) In a proceeding for an offence against subsection (2) in relation to the failure of the driver to record information immediately after starting to undertake 100+km work under standard hours on a day, it is a defence for the driver to prove that at the time of the offence— (a) the driver was unaware that the driver would be undertaking 100+km work under standard hours on the day; and (b) the driver recorded the information in the driver's work diary as soon as practicable after becoming aware that the driver would be undertaking 100+km work under standard hours on the day. 298—Failing to record information about odometer reading (1) The driver of a fatigue-regulated heavy vehicle must record the odometer reading in the manner prescribed by the national regulations if and when required to do so by the national regulations. (2) In a proceeding for the offence against subsection (1), it is a defence for the driver to prove that— (a) at the time of the offence, the odometer was malfunctioning; and (b) the driver has complied with section 397. 299—Two‑up driver to provide details If the driver is a party to a two‑up driving arrangement, the driver must, at the request of the other driver (the other driver) who is a party to the arrangement, provide the other driver with the details relating to the arrangement that are prescribed by the national regulations for the purposes of this section.