30. Destroyed, lost, stolen or malfuncti30. Destroyed, lost, stolen or malfunctioning work diaries

30. Destroyed, lost, stolen or malfunctioning work diaries

(1) For section 59(1) substitute – “(1) This section applies if a driver’s work diary has been filled up, destroyed, lost or stolen or, in the case of an electronic work diary, is malfunctioning. (1A) During any period in which the driver is unable to use the work diary, he or she must record in a supplementary record any information that he or she is required by section 57 to record. (1B) Sub‑section (1A) ceases to apply when the first of the following events occurs: (a) the driver is issued a replacement work diary under section 73; or (b) the expiry of 7 business days after the day on which the period in which the driver is unable to use the work diary started.”. (2) In section 59(2) – (a) before “work diary” (wherever occurring) insert “written or electronic”; (b) at the end of the sub‑section insert –

Note: “Note: As a supplementary record becomes part of a work diary once it is made (see section 56(3A)), it must be kept by the driver of a regulated heavy vehicle in the vehicle for 28 days after it is made (see section 56(2)), and it must be kept by the record keeper for 3 years after it is made (see section 62(5)).”.

(3) In section 59(3) after “that happening” insert “or must apply for a replacement work diary under section 73”. (4) For section 59(4)(b) substitute – “(b) if the old work diary was found or returned: (i) within 28 days after it was lost or stolen, immediately notify the Authority in writing that it has been found or returned, and must give it to the Authority as soon as is practicable after that 28 day period ends; or (ii) in any other circumstances, give it to the Authority as soon as is practicable after obtaining it.”. (5) After section 59(5) insert – “(5A) If the Authority receives an application to replace the work diary of a driver from another jurisdiction in the participating zone, it must notify the corresponding Authority of that jurisdiction that it has received the application.”.