National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 2) Regulations 2009
27. Offences concerning AFM accreditatio27. Offences concerning AFM accreditation documents
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27. Offences concerning AFM accreditation documents
(1) For section 86(1) substitute – “(1) At all times while working under an operator’s AFM accreditation, a driver must have in his or her possession: (a) a copy of the operator’s accreditation certificate; and (b) a document signed by the operator stating that the driver is working under the operator’s accreditation, has been inducted into the operator’s AFM fatigue management system and meets the requirements relating to drivers under the accreditation; and (c) a document that sets out the AFM hours allowed under the accreditation.
Note: Example: It would be sufficient compliance with the requirement in paragraph (c) for a driver to have a record of the AFM hours allowed under the accreditation stored in his or her electronic work diary (as the diary is a document).
Note 1: A driver is already required to record his or her operator’s AFM accreditation number under section 57(3)(e).
Note 2: An authorised officer or police officer may direct a driver to produce a record required to be kept by the driver—see section 44 of the C & E Act.
Court‑imposed penalty: $2 000.
Infringement notice penalty: $ 600.”.
(2) After section 86(2) insert – “(2A) A driver must immediately return to an operator any document given to him or her by the operator for the purposes of subsection (1)(a) or (b) if the driver: (a) ceases to work under an operator’s AFM accreditation; or (b) ceases to meet the requirements relating to drivers under that accreditation.
Court‑imposed penalty: $2 000.
Infringement notice penalty: $ 600.”.
(3) In section 86(3), for “and (2)” substitute “, (2) or (2A)”. (4) After section 88(1) insert – “(1A) If a driver is informed that an operator’s AFM accreditation has changed or ceased, he or she must immediately return to the operator any document given to him or her by the operator for the purposes of section 86(1)(a) or (b).
Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.”.
(5) In section 88(2), after “(1)” insert “or (1A)”.