National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 1) Regulations 2008
44. Substitution of sections 124—12644. Substitution of sections 124—126
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44. Substitution of sections 124–126
For sections 124–126 substitute –
“124. Period of grace for certain drivers
(1) Despite anything to the contrary in this Act, until xx xxxx 200x [the expiry of 6 months from the commencement of this section]: (a) a driver who was registered as a participant in TFMS or a corresponding TFMS may drive at BFM hours; and (b) a driver who was subject to a Fatigue Management Scheme exemption under [the old Regulations] may drive at the hours approved in the exemption. (2) Subsection (1)(a) does not apply at any time that the driver is in breach of any condition or requirement of the TFMS or a corresponding TFMS, as the case may be. (3) Subsection (1)(b) does not apply at any time that the driver is in breach of any condition or requirement of the Fatigue Management Scheme exemption, or if the exemption is cancelled. (4) For the purposes of this section, a driver is not in breach of any condition or requirement referred to in subsection (2) or (3) if, instead of recording any entry she or he was required to record in a logbook, she or he records the entry in a work diary issued under this Act. (5) For the purposes of this section, if a driver’s employer has yet to obtain BFM accreditation, it is sufficient compliance with any requirement of this Act to record a BFM accreditation number if the employer’s TFMS or FMS exemption (as the case may be) registration number is recorded instead.”.