Subdiv 3How information must be recorded in work diary

Subdivision 3—How information must be recorded in work diary 300—Purpose of Subdivision 3 This Subdivision states how the driver of a fatigue‑regulated heavy vehicle who is required to record information in the driver's work diary under Subdivision 2 must record the information. 301—Recording information in written work diary If the driver's work diary is a written work diary, the driver must record information in the work diary in the following way: (a) the information for each day must be written on a separate daily sheet in the work diary that has not been cancelled by the Regulator; (b) if, on a day, the driver changes the work and rest hours option under which the driver is working, the information for the part of the day after the change must be written on a separate daily sheet in the work diary that has not been cancelled by the Regulator; (c) information must be written on a daily sheet in the way stated in the instructions in the work diary for recording information on daily sheets; (d) the daily sheets in the work diary must be used in turn from the front of the work diary; (e) each daily sheet must be— (i) signed and dated by the driver; and (ii) if the driver is driving under a two‑up driving arrangement—signed by the other driver who is a party to the arrangement; (f) information must be written on a daily sheet with enough pressure to ensure a readable record of the information appears on the duplicate daily sheets; (g) information recorded other than on a daily sheet must be written in the work diary in the way stated in the instructions in the work diary for the recording of the information. 302—Recording information in electronic work diary If the driver's work diary is an electronic work diary, the driver must record information in the work diary in a way complying with— (a) if the Regulator has, when approving the electronic recording system constituting the work diary, or of which the work diary is a part, imposed any conditions in relation to the way information must be recorded in the work diary—those conditions; and (b) the manufacturer's instructions, if any, for recording information in the electronic work diary, to the extent the instructions are consistent with the conditions mentioned in paragraph (a). 303—Time zone of driver's base must be used The driver must record time in the driver's work diary according to the time zone in the place where the driver's base is, rather than the time zone in the place where the driver is. See also section 248, which requires that time periods be counted by reference to the time zone of a driver's base when the driver's journey involves travelling into a different time zone. Subdivision 4—Requirements about work diaries that are filled up etc 304—Application of Subdivision 4 This Subdivision applies to the driver of a fatigue‑regulated heavy vehicle who is required to record information in the driver's work diary under Subdivision 2 if— (a) for a driver who uses a written work diary—the driver's work diary has been filled up, destroyed, lost or stolen; or (b) for a driver who uses an electronic work diary—the driver's work diary— (i) has been filled up, destroyed, lost or stolen; or (ii) is not in working order because a part of the diary has been destroyed, lost or stolen; or (iii) is malfunctioning or has malfunctioned. 305—Driver must make supplementary records in particular circumstances (1) During any period in which the driver of a fatigue‑regulated heavy vehicle is unable to use the driver's work diary (the existing work diary) because of circumstances mentioned in section 304(a) or (b), the driver must record in a supplementary record the information the driver is required under Subdivision 2 to record for the period (the required information). Under Subdivision 1, the driver of a fatigue‑regulated heavy vehicle must keep a supplementary record for 28 days after it is made as part of the driver's work diary. See section 292(2) and 293. Also, under section 341, the driver's record keeper must keep the supplementary record for at least 3 years after it is made (if the record keeper is the driver) or received by the record keeper (if the record keeper is not the driver). However, the period can be less than 3 years if a condition of an exemption states a record must be kept for a period of less than 3 years. (2) For a supplementary record that is not in electronic form, the required information must be recorded in the record as follows: (a) the information for each day must be written on a separate page of the record; (b) if, on a day, the driver changes the work and rest hours option under which the driver is working, the information for the part of the day after the change must be written on a separate page of the record; (c) each page of the record must be— (i) signed and dated by the driver; and (ii) if the driver is driving under a two‑up driving arrangement—signed by the other driver who is a party to the arrangement. (3) The driver must record time in the supplementary record according to the time zone in the place where the driver's base is, rather than the time zone in the place where the driver is. (4) Subsections (1) to (3) cease to apply— (a) if the existing work diary is a written work diary, when the first of the following happens: (i) the driver is issued a new written work diary, or obtains an electronic work diary that is in working order; (ii) the expiry of 7 business days after the day on which the driver starts recording information under this section; or (b) if the existing work diary is an electronic work diary, when the first of the following happens: (i) the driver obtains a new electronic work diary that is in working order, or a written work diary; (ii) the existing work diary is— (A) if the diary is filled up—made capable of recording new information; or (B) if the diary is not in working order as mentioned in section 304(b)(ii) or is malfunctioning—brought into working order; (iii) the expiry of 7 business days after the day on which the driver starts recording information under this section. If one of the circumstances in subsection (4) applies, a driver may no longer use a supplementary record to record the information required to be recorded under Subdivision 2, and if the driver does not begin to keep a work diary in accordance with section 293 then the driver commits an offence against that section. supplementary record means a record that— (a) is not made in a written or electronic work diary; but (b) is in a similar form to a written or electronic work diary. 306—Driver must notify Regulator if written work diary filled up etc Within 2 business days after the driver of a fatigue‑regulated heavy vehicle becomes aware that the driver's written work diary has been filled up, destroyed, lost or stolen, the driver must notify the Regulator in the approved form of that happening. 307—Driver who is record keeper must notify Regulator if electronic work diary filled up etc (1) This section applies if the driver of a fatigue‑regulated heavy vehicle who is his or her own record keeper— (a) becomes aware that the driver's electronic work diary has been filled up, destroyed, lost or stolen or is not in working order as mentioned in section 304(b)(ii); or (b) becomes aware or has reason to suspect that the driver's electronic work diary is malfunctioning or has malfunctioned. (2) The driver must notify the Regulator in the approved form of the matter within 2 business days. (3) Within a period required by the Regulator, the driver must ensure the electronic work diary is examined and brought into working order. 308—What driver must do if lost or stolen written work diary found or returned (1) If a lost or stolen written work diary (the old work diary) is found by or returned to the driver of a fatigue‑regulated heavy vehicle after a replacement work diary has been issued to the driver, the driver must do the following: (a) immediately cancel any unused daily sheets in the old work diary; (b) if the old work diary is found or returned within 28 days after it was lost or stolen— (i) immediately notify the Regulator in the approved form that it has been found or returned; and (ii) give it to the Regulator within 2 business days after the 28‑day period ends; (c) if the old work diary is found or returned later than 28 days after it was lost or stolen—give it to the Regulator as soon as practicable after it is found or returned. (2) If a driver of a fatigue‑regulated heavy vehicle gives a previously lost or stolen written work diary to the Regulator under subsection (1), the Regulator must— (a) if the driver has not complied with subsection (1)(a), cancel any unused daily sheets in the work diary; and (b) return the work diary to the driver. 309—Information required to be recorded immediately after starting work (a) the driver of a fatigue‑regulated heavy vehicle— (i) becomes aware that the driver's electronic work diary has been filled up, destroyed, lost or stolen or is not in working order as mentioned in section 304(b)(ii); or (ii) becomes aware or has reason to suspect that the driver's electronic work diary is malfunctioning or has malfunctioned; and (b) the driver's record keeper is a person other than the driver. (2) The driver must, within 2 business days after the driver becomes aware of the matter, inform the driver's record keeper of the matter. 310—Intelligent access program reporting entity must notify record keeper if approved electronic recording system malfunctioning (a) an approved electronic recording system— (i) constitutes an electronic work diary or has a part that constitutes an electronic work diary; and (ii) is or is part of an approved intelligent transport system; and (b) an intelligent access program reporting entity for the approved intelligent transport system becomes aware or has reason to suspect that the approved electronic recording system is malfunctioning or has malfunctioned. (2) The intelligent access program reporting entity must inform the driver's record keeper of the matter within 2 business days. 311—What record keeper must do if electronic work diary filled up (c) the record keeper becomes aware or has reason to suspect that the electronic work diary has been filled up. (2) The record keeper must, as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter— (a) either— (i) make the electronic work diary capable of recording new information; or (ii) give the driver a new electronic work diary that is in working order; and (b) if the record keeper removes any information relating to any period during the last 28 days from the work diary to make it capable of recording new information—give the driver the removed information in a way that makes the information readily available to the driver; and (c) notify the Regulator in the approved form that the electronic work diary has been filled up. (3) If the record keeper has engaged another person under a contract for services to comply with subsection (2) for the record keeper— (a) the record keeper remains liable for an offence against subsection (2); and (b) the other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection. 312—What record keeper must do if electronic work diary destroyed, lost or stolen (c) the record keeper becomes aware or has reason to suspect that the electronic work diary has been destroyed, lost or stolen. (2) The record keeper must, as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter— (a) inform the driver that the electronic work diary has been destroyed, lost or stolen unless the driver informed the record keeper about the fault under section 309; and (b) give the driver an electronic work diary that is in working order; and (c) give the driver any information, in a way that makes the information readily available to the driver, that was in the destroyed, lost or stolen electronic work diary that— (i) is accessible to the record keeper; and (ii) relates to any period during the last 28 days; and (iii) is not stored in the new electronic work diary. (3) The record keeper must within 2 business days notify the Regulator in the approved form that the electronic work diary has been destroyed, lost or stolen, unless the record keeper has a reasonable excuse. (4) If the record keeper has engaged another person under a contract for services to comply with subsection (2) or (3) for the record keeper— (a) the record keeper remains liable for an offence against subsection (2) or (3); and (b) the other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection. 313—What record keeper must do if electronic work diary not in working order or malfunctioning (c) the record keeper becomes aware of, or has reason to suspect, either of the following matters: (i) that the electronic work diary is not in working order; (ii) that the electronic work diary is malfunctioning or has malfunctioned. The record keeper may become aware as mentioned in paragraph (c) whether or not the record keeper has been informed by the driver under section 309 or an intelligent access program reporting entity under section 310. (2) The record keeper must as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter inform the driver about the matter unless the driver informed the record keeper about the matter under section 309. (3) The record keeper must, after becoming aware of the matter or having reason to suspect the matter— (a) as soon as reasonably practicable, direct the driver in the approved form to use a supplementary record in compliance with section 305; and (b) as soon as reasonably practicable, give the driver information that was in the electronic work diary, in a way that makes the information readily available to the driver, that— (i) is accessible to the record keeper; and (ii) relates to any period during the last 28 days; and (iii) is not stored in the electronic work diary because the electronic work diary is not in working order or is malfunctioning or has malfunctioned; and (c) within 2 business days, notify the Regulator in the approved form that the electronic work diary is not in working order or is malfunctioning or has malfunctioned, unless the record keeper has a reasonable excuse; and (d) within a period required by the Regulator, ensure the electronic work diary is examined and brought into working order and is not malfunctioning. (4) Subsection (5) applies if the driver of the vehicle changes during any period that is relevant to the duties imposed on the record keeper by subsection (2) or (3). (5) Each reference to the driver in subsection (2) or (3) is a reference to the driver of the vehicle when the record keeper acts under the subsection. (6) If the record keeper has engaged another person under a contract for services to comply with subsection (2) or (3) for the record keeper— (a) the record keeper remains liable for an offence against subsection (2) or (3); and (b) the other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection. (7) Subsection (6) does not apply if the other person is engaged under a contract for services only to repair or otherwise bring the electronic work diary into working order. Example for the purposes of subsection (7)— A person in the business of repairing electronic recording systems is engaged under a contract for services to repair or otherwise bring the electronic work diary into working order on behalf of the record keeper.