78Applying for BFM accreditation

78 Applying for BFM accreditation

(1) The operator of a regulated heavy vehicle who wants BFM accreditation must apply to the Authority. (2) The application must be made in the form approved by the Authority and include: (a) the operator’s name and contact details; and (b) a statement by the operator that the operator has a BFM fatigue management system (which is explained in the next subsection) to ensure compliance with the BFM standards and business rules; and (c) a statement from an auditor of a class prescribed by the regulations that the auditor considers that the operator’s BFM fatigue management system will ensure compliance with the BFM standards and business rules; and (d) any other information required by the Authority in accordance with the BFM standards and business rules. (3) A BFM fatigue management system is an operator’s management system for ensuring compliance with the BFM standards and business rules, including by: (a) recording the name, driver licence number and contact details of each driver who is currently under the operator’s BFM accreditation; and (b) ensuring that each of those drivers is in a fit state: (i) to safely perform required duties; and (ii) to meet any specified medical requirements; and (c) ensuring that each of those drivers: (i) has been inducted into the operator’s BFM fatigue management system; and (ii) has been informed of the BFM hours; and (d) ensuring that anyone employed in the operator’s business, who has responsibilities relating to scheduling or managing the fatigue of those drivers: (i) has been inducted into the operator’s BFM fatigue management system; and (ii) has been informed of the BFM hours. (4) The application must also be accompanied by a declaration, declared to be made by the operator after taking all reasonable steps to ascertain the following information, of the operator’s knowledge of whether: (a) in the 5 years immediately before the application was made, any of these persons has contravened this Act, a corresponding fatigue law, or an Australian road law: (i) the operator; and (ii) an associate of the operator; and if so, details of the contravention; and (b) any of these persons has had their BFM or AFM accreditation varied or cancelled: (i) the operator; and (ii) an associate of the operator; and if so, details of the variation or cancellation.

Note 1: Australian road law is defined in section 6(1) of the C & E Act.

Note 2: Associate is defined in section 13 of the C & E Act.

(5) The application must also be accompanied by an application fee prescribed by the regulations. (6) The Authority, by written notice to the operator, may require the operator to give the Authority any necessary additional information.

Drafting note: It is intended that intellectual property in any information provided as part of a BFM application remains with the applicant and is treated as such, subject to the privacy laws and administrative procedures of implementing jurisdictions. Accrediting agencies may wish to reinforce this by an appropriate statement on accreditation application forms.