National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 2) Regulations 2009
23. Insertion of section 76A23. Insertion of section 76A
Start here
Get a plain-English read of 23. Insertion of section 76A
Turn the raw legal text into a practical explanation grounded in National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 2) Regulations 2009.
23. Insertion of section 76A
After section 76 insert –
“76A. How electronic work diary to be operated
(1) A driver using an electronic work diary must ensure that he or she operates and maintains the diary: (a) in accordance with the manufacturer’s specifications; and (b) in compliance with any conditions imposed by the Authority that apply to the operation of the diary.”.
Court‑imposed penalty: $6 000.
(2) The record keeper of a driver using an electronic work diary must ensure that the driver complies with the requirements of subsection (1).
Court‑imposed penalty: $6 000.
(3) It is a defence to a charge of failing to comply with a particular specification of the manufacturer for the person charged to prove either: (a) that the specification was not integral to the effective operation of the diary; or (b) that what was done or not done with respect to the specification was in accordance with industry practice in relation to the handling or maintenance of a diary of that type from that manufacturer. (4) An offence against subsection (1) or (2) is an offence of strict liability.
76B. Admissibility of documents produced by an electronic work diary
(1) A document produced by an electronic work diary is evidence of the matters contained in the document. (2) A statement as to the operation of an electronic work diary made in a document purporting to be signed by a person purporting to be involved with the operation of the diary is evidence of any fact contained in the statement.”.