National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 4) Regulations 2009
11. Information that record keeper must 11. Information that record keeper must record
Start here
Get a plain-English read of 11. Information that record keeper must
Turn the raw legal text into a practical explanation grounded in National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 4) Regulations 2009.
11. Information that record keeper must record
(1) For section 62(2) substitute – “(2) A record keeper is: (a) if an employed driver is working under standard hours or under a work/rest hours exemption that was not granted in combination with an operator’s BFM or AFM accreditation – the employer; or (b) if a self‑employed driver is working under standard hours or under a work/rest hours exemption that was not granted in combination with an operator’s BFM or AFM accreditation – the self‑employed driver; or (c) if an employed or self‑employed driver is working under an operator’s BFM or AFM accreditation or a work/rest hours exemption that was granted in combination with an operator’s BFM or AFM accreditation – the operator.
Note: Section 91 provides that a work/rest hours exemption may be granted in combination with an operator’s BFM or AFM accreditation.”.
(2) In section 62(3A), after “AFM accreditation” insert “or under a work/rest hours exemption (whether or not granted in combination with an operator’s BFM or AFM accreditation)”. (3) In section 62(8A), before “transferred” insert “electronically”. (4) After section 62(9) insert – “(9A) If a driver uses an electronic work diary, the record keeper must ensure: (a) that the information recorded in the diary on a specific day is electronically transferred to the record keeper within 21 days after that day; or (b) that the driver complies with subsection (8).
Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.”.