62Information that record keeper must record

62 Information that record keeper must record

(1) This section applies to each record keeper for a driver. (2) A record keeper is: (a) if an employed driver is working under standard hours—the employer; or (b) if a self‑employed driver is working under standard hours—the self‑employed driver; or (c) if an employed or self‑employed driver is working under an operator’s BFM or AFM accreditation—the operator. (3) The record keeper must record this information: (a) if the driver is engaging in 100 km work under standard hours: (i) the driver’s name, driver licence number and contact details; and (ii) the dates on which the driver drives a regulated heavy vehicle on a road; and (iii) the total of the driver’s work and rest times on each day when the driver drives a regulated heavy vehicle; and (iv) the total of the driver’s work and rest times for each week when the driver drives a regulated heavy vehicle; and (v) the driver’s rosters and trip schedules, including details of driver changeovers; and (vi) payment records relating to the driver, including timesheet records if the driver is paid according to time at work; and (b) if the driver is engaging in 100+ km work or is working under a BFM or AFM accreditation: (i) the driver’s work diary and contact details; and (ii) the driver’s rosters and trip schedules, including details of driver changeovers; and (iii) payment records relating to the driver, including timesheet records if the driver is paid according to time at work.

Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.

(4) If the driver is working under a BFM or AFM accreditation, the record keeper must also record this information: (a) any information required to be kept as a condition of the BFM or AFM accreditation; and (b) any information required to be kept under the BFM or AFM standards and business rules.

Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.

Note: If the record keeper is an operator working under a BFM or AFM accreditation, he or she also has a duty under sections 81 and 87 to keep other records.

(5) The record keeper must keep a record that is required to be kept under this section for 3 years after it is created.

Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.

(6) The record keeper must keep the records at the record location so that they are reasonably accessible to an authorised officer or police officer.

Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.

Note 1: Section 55(2) explains what the record location is.

Note 2: An authorised officer or police officer may direct a record keeper to produce a record required to be kept by the record keeper—see section 44 of the C & E Act.