79Granting BFM accreditation

79 Granting BFM accreditation

(1) The Authority must decide an application for BFM accreditation as soon as practicable after the Authority receives the application. (2) The Authority may grant BFM accreditation to the operator of a regulated heavy vehicle if it is satisfied: (a) the operator is able to comply with this Act; and (b) the operator is a suitable person to be granted BFM accreditation. (3) For this purpose, the Authority may take into account anything it considers is relevant, including for example: (a) any details provided under section 78(4); or (b) the results of any audits carried out on the operator’s BFM fatigue management system, or proposed BFM fatigue management system.

Note: Section 78(3) explains what a BFM fatigue management system is.

(4) In granting BFM accreditation to the operator of a regulated heavy vehicle, the Authority must have regard to any advice given to it, and to any guidelines issued, by the Fatigue Authorities Panel in relation to BFM accreditation. (5) If the Authority grants the BFM accreditation, it must give the operator an accreditation certificate in the form prescribed by the regulations that certifies the operator has been granted BFM accreditation and sets out the details of that accreditation. (6) The accreditation takes effect: (a) when the accreditation certificate is given to the applicant; or (b) at a later time stated in the certificate. (7) The BFM accreditation applies for the period (not longer than 3 years) stated in the BFM accreditation certificate. (8) If the Authority refuses to grant a BFM accreditation, it must give the applicant a written notice that: (a) states the reasons for the refusal. (b) tells the operator that the operator may apply to have the decision reconsidered.