National Transport Commission (Road Transport Legislation – Driving Hours Regulations) Regulations 2006
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National Transport Commission (Road Transport Legislation – Driving Hours Regulations) Regulations 2006
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Turn the raw legal text into a practical explanation grounded in National Transport Commission (Road Transport Legislation – Driving Hours Regulations) Regulations 2006.
6 hour rest break means a rest time that is a single period of at least 6 hours.
100 kilometre limit—see regulation 41.
Act means the Road Transport Reform (Vehicles and Traffic) Act 1993 of the Commonwealth.
Note: For the text of the Road Transport Reform (Vehicles and Traffic) Act 1993, see Schedule 1 to the National Transport Commission (Road Transport Legislation—Vehicles and Traffic Act) Regulations 2005.
ADR 42 means the national standard described as ADR 42 as in force from time to time under the Motor Vehicle Standards Act 1989 of the Commonwealth.
another jurisdiction—see subregulation 15(2).
approved DSMD—see regulation 46.
approved fatigue management training course means a fatigue management training course of a kind that is approved by the Ministerial Council.
Note: Information about approved fatigue management training courses can be obtained from the National Road Transport Commission, PO Box 13105, Law Courts, Melbourne Vic 3001.
approved sleeper berth means a driver’s sleeper berth complying with a standard for sleeper berths that is approved for commercial buses by the Ministerial Council.
authorised person means:
(a) a police officer; or
(b) a person appointed under subregulation 141(1).
Authority means the Registrar of Motor Vehicles under section 6 of the Motor Traffic Act 1936 of the Australian Capital Territory.
base—see regulation 42.
business day means a day that is not a Saturday, Sunday or public holiday in this jurisdiction.
change of activity—see subregulation 49(5).
combination means a group of vehicles consisting of a motor vehicle connected to 1 or more vehicles.
commercial bus—see subregulation 8(3).
Commonwealth Minister means the Minister administering the Act.
consignor—see regulation 11.
core driving hours offence—see regulation 74.
corresponding authority means the authority of another jurisdiction corresponding to the Authority.
corresponding driver certification manual, for a driver, means a manual issued to the driver under a corresponding law for regulation 86 or 88.
corresponding driving record means:
(a) a corresponding logbook; or
(b) a record made by an approved DSMD under a corresponding law for paragraph 53(b); or
(c) a supplementary record under a corresponding law for regulation 54 (When and how supplementary records may be made by drivers); or
(d) a local area management record under a corresponding law for Part 4 (Driving records), Division 3 (Driving records for local area work).
corresponding law, for these Regulations or a provision, or provisions, of these Regulations or of the Act as it applies to these Regulations, means the law in force in another jurisdiction corresponding to these Regulations or the provision or provisions.
corresponding logbook, for a driver, means a logbook issued to the driver under a corresponding law for regulation 81.
corresponding TFMS means a transitional fatigue management scheme established under a corresponding law that includes provisions having the same, or substantially the same, effect as the following provisions:
• Part 3 (Transitional fatigue management scheme)
• Part 4 (Driving records), except Division 3 (Driving records for non‑local area work) and regulation 62 (Local area management records to be kept)
• Parts 6 (Issue of logbooks) and 7 (TFMS administration)
• regulation 129 (Limited jeopardy)
• Part 9 (Enforcement, review and other matters), Division 2 (Additional enforcement powers).
doctor means a person who is registered as a medical practitioner under a law of a State or Territory.
driver—see subregulation 9(1).
driver certification manual:
(a) see subregulation 83(1); and
(b) for a driver, means a manual issued to the driver under regulation 86 or 88.
driver licence:
(a) means a licence issued under a State or Territory law authorising the licensee to drive a motor vehicle; and
(b) until the licence is issued, includes the receipt for the licence fee.
Note: See also definition of licence.
driving see subregulation 12(1).
driving record:
(a) see subregulation 47(1); and
(b) for Part 4, Division 5—see also regulation 59; and
(c) for Part 4, Division 7—see also regulation 68.
driving record offence—see regulation 74.
driving time—see subregulation 12(2).
duplicate daily sheet means the duplicate of a daily sheet in a logbook or corresponding logbook.
eligible person—see regulation 105.
emergency—see regulation 105.
emergency exemption—see subregulation 101(2).
emergency‑related provisions—see subregulation 101(1).
emergency service—see regulation 105.
employed driver—see subregulation 9(2).
employer—see subregulation 10(1).
entry—see regulation 68.
exemption—see regulation 100 and also paragraph 7(a).
FMS—see regulation 100.
FMS exemption—see subregulation 102(2).
garage address—see subregulation 42(2).
GVM, for a vehicle, means the maximum loaded mass of the vehicle:
(a) specified by the manufacturer on an identification plate on the vehicle; or
(b) if there is no specification by the manufacturer on an identification plate on the vehicle or if the specification is not appropriate because the vehicle has been modified—certified by the Authority or a corresponding authority.
heavy truck—see subregulation 8(1).
identity card, for an authorised person, means a card issued to the authorised person under subregulation 143(1).
law of this jurisdiction means:
(a) for the Australian Capital Territory—an Australian Capital Territory law or a Commonwealth law applying as an Australian Capital Territory law; or
(b) for the Jervis Bay Territory—a law applying in the Jervis Bay Territory.
licence includes a conditional, probationary or provisional licence, but does not include a learner licence.
limited driving hours exemption—see subregulation 103(2).
local area management record:
(a) see subregulation 47(3); and
(b) for Part 4, Division 5—see also regulation 59.
local area work—see regulation 43.
logbook:
(a) see subregulation 79(1); and
(b) for a driver—see regulation 45.
logbook exemption—see subregulation 104(2).
logbook provisions—see subregulation 104(1).
maximum driving hours provision—see subregulation 103(1).
maximum driving times—see:
(a) for Part 2—subregulation 19(1); and
(b) for Part 3—subregulation 28(1).
maximum work times—see:
(a) for Part 2—subregulation 20(1); and
(b) for Part 3—subregulation 29(1).
Ministerial Council means the Ministerial Council for Road Transport established by Part VI of the Heavy Vehicles Agreement set out in Schedule 1 to the National Road Transport Commission Act 1991 of the Commonwealth.
motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle.
nominee—see subregulation 112(2).
non‑local area work—see regulation 44.
non‑regulated zone—see subregulation 15(5).
participant—see regulation 94.
police officer means a member or special member of the Australian Federal Police.
regulated hours provisions—see subregulation 102(1).
regulated zone—see subregulation 15(4).
relevant jurisdiction—see subregulation 15(3).
relevant period—see:
(a) for Part 2—regulation 18; and
(b) for Part 3—regulation 26.
required medical certificate—see subregulation 84(1).
required medical standards means the standards for medical examinations in the edition of the publication, published by the Federal Office of Road Safety and the National Road Transport Commission, entitled Medical Examinations of Commercial Vehicle Drivers that is current at the commencement of this definition.
required minimum rest times—see:
(a) for Part 2—subregulation 21(1); and
(b) for Part 3—subregulation 30(1).
required training certificate—see subregulation 85(1).
responsible employee—see subregulation 10(2).
rest time—see regulation 14.
road—see subregulation 5(2).
road‑related area—see subregulation 5(3).
self‑employed driver—see subregulation 9(3).
solo driver means a driver who is not a party to a two‑up driving arrangement.
speeding offence—see regulation 74.
supplementary record—see subregulation 47(2).
TFMS—see paragraph 24(1)(a).
this jurisdiction—see subregulation 15(1).
two‑up driver means the driver of a heavy truck or commercial bus who is a party to a two‑up driving arrangement.
two‑up driving arrangement means an arrangement under which 2 drivers share the driving of:
(a) a heavy truck with a sleeper berth complying with ADR 42; or
(b) a commercial bus with an approved sleeper berth.
variation of an exemption—see paragraph 7(b).
work time—see regulation 13.