84Granting AFM accreditation

84 Granting AFM accreditation

(1) The Authority must decide an application for AFM accreditation as soon as practicable after the Authority receives the application. (2) The Authority may grant AFM accreditation to the operator of a regulated heavy vehicle if it is satisfied that: (a) the operator is able to comply with this Act; and (b) the operator is a suitable person to be granted AFM accreditation; and (c) the driver fatigue management practices (including proposed work and rest hours) stated in the operator’s AFM fatigue management proposal would, if followed, safely manage the risk of driver fatigue; and (d) the operator and drivers are likely to follow those practices consistently and effectively. (3) For this purpose, the Authority may take into account anything it considers is relevant, including for example: (a) any details provided under section 83(5); or (b) the results of any audits carried out on the operator’s AFM fatigue management system, or proposed AFM fatigue management system; or

Note: Section 83(4) explains what an AFM fatigue management system is.

(c) for the purposes of assessing the operator’s AFM fatigue management proposal—any relevant body of fatigue knowledge.

Note: Section 83(3) explains what an AFM fatigue management proposal is.

(4) In granting AFM 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 AFM accreditation. (5) In approving the work and rest hours limits that are applicable to a particular AFM accreditation, the Authority must not set limits that: (a) allow a driver to work more than the work time allowed, or to have less than the rest time required, in the AFM outer limits; or (b) that the Authority considers would be unsafe, having regard to the operator’s AFM fatigue management proposal and any relevant body of fatigue knowledge.

Note: Section 83(3) explains what an AFM fatigue management proposal is.

(6) If the Authority grants the AFM accreditation, it must give the operator an accreditation certificate in the form prescribed by the regulations that: (a) certifies that the operator has been granted AFM accreditation; and (b) sets out the details of that accreditation, including the work and rest hours limits that apply to the accreditation. (7) The accreditation takes effect: (a) when the accreditation certificate is given to the applicant; or (b) at a later time stated in the certificate. (8) The AFM accreditation applies for the period (not longer than 3 years) stated in the AFM accreditation certificate. (9) If the Authority refuses to grant an AFM accreditation, it must give the applicant a written notice that: (a) states the reasons for the refusal; and (b) tells the operator that the operator may apply to have the decision reconsidered. (10) The following table sets out the AFM outer limits for a driver of a regulated heavy vehicle.