National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 4) Regulations 2009
24. Substitution of section 13224. Substitution of section 132
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24. Substitution of section 132
For section 132 substitute –
“132 Existing logbooks
(1) A driver may continue to use a logbook issued under the old Regulations as if it was a work diary for the purposes of this Act: (a) if the driver is working under standard hours – for 90 days after the commencement of this section or until the driver has obtained a work diary, whichever occurs first; or (b) if the driver is working under BFM hours as permitted by section 124 – for 14 days after the commencement of this section or until the driver has obtained a work diary, whichever occurs first; or (c) if the driver is working under BFM hours in any other circumstance or under AFM hours – for 14 days after the commencement of this section or until the driver has obtained a work diary, whichever occurs first. (2) A driver who is using a logbook under subsection (1) must comply with Part 4 of the old Regulations as if it continued to apply. (3) If a driver is working under the hours specified in a Fatigue Management Scheme exemption under the old Regulations as permitted by section 124, the driver may continue to use a document specified in that exemption as if it was a work diary for the purposes of this Act for the period specified in section 124 or until the exemption is cancelled. (4) For the purposes of this section: (a) a reference in section 62 to a work diary is to be read as if it was a reference to the logbook; and (b) if the driver is working under BFM hours as permitted by section 124 – the driver’s employer is the record keeper for the purposes of section 62; and (c) a reference in section 73 to an existing written work diary is to be read as if it was a reference to the logbook.
132A Record keeping obligations continue
An obligation on an employer or a self‑employed driver to keep copies of a driver’s driving records made under the old Regulations continues for 12 months after the commencement of this section as if regulation 61 or 62 of the old Regulations continued to apply.”.