56Driver must carry work diary

56 Driver must carry work diary

(1) This section applies if a driver: (a) is engaged in 100+ km work; or (b) was engaged in 100+ km work in the last 28 days; or (c) is driving under BFM or AFM hours; or (d) was driving under BFM or AFM hours in the last 28 days. (2) While driving a regulated heavy vehicle, the driver must keep in the vehicle a work diary that contains information for the last 28 days.

Court‑imposed penalty: $6 000.

Note 1: See section 59 for a defence against this subsection if the driver’s work diary is destroyed, lost, stolen or stops being operational.

Note 2: An authorised officer or police officer may require the driver to produce his or her work diary for inspection—see section 44 of the C & E Act.

(3) A work diary is: (a) if the driver has used only a written work diary in the last 28 days—the written work diary; or (b) if the driver was required to keep a supplementary record under section 59 in the last 28 days—the supplementary record and the written work diary; or (c) if the driver has used only an electronic work diary in the last 28 days: (i) the electronic work diary that the driver is currently using; and (ii) printouts of the information in any other electronic work diary that the driver has used in the last 28 days that cover any periods during those 28 days that are not recorded in the electronic work diary that the driver is currently using; or (d) if the driver has used a combination of a written work diary and an electronic work diary in the last 28 days: (i) the written work diary; and (ii) if the driver is currently using an electronic work diary—the electronic work diary; and (iii) printouts of the information in any electronic work diary that the driver has used in the last 28 days that cover any periods during those 28 days that are not recorded in an electronic work diary that the driver is currently using. (4) A written work diary is a written work diary issued to the driver under section 73 or under a corresponding fatigue law. (5) An electronic work diary is an intelligent transport system, approved by the Authority under section 74, that: (a) is fitted to a regulated heavy vehicle to monitor and record the work and rest times of a driver; and (b) whenever an authorised officer or police officer requests the electronic work diary to be produced for inspection, is able to reproduce the information it contains in a form: (i) that is readily accessible by the officer; and (ii) that is reasonably capable of being understood by the officer; and (iii) that can be used as evidence; and (c) is operating in accordance with the manufacturer’s specifications and any conditions imposed by the Authority in its approval.

Note 1: Intelligent transport system is defined in the C & E Act.