South Australian Consolidated Regulations

ROAD TRAFFIC (HEAVY VEHICLE DRIVER FATIGUE) REGULATIONS 2008 - REG 3

3—Interpretation

        (1)         In these regulations, unless the contrary intention appears—

100 kilometre work —a driver is engaged in 100 kilometre work if he or she is driving in an area not more than 100 kilometres from his or her base;

100-plus kilometre work —a driver is engaged in 100-plus kilometre work if he or she is driving in an area more than 100 kilometres from his or her base;

"Act" means the Road Traffic Act 1961;

"AFM accreditation" has the same meaning as in the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008 ;

"AFM hours"—see regulation 24;

"AFM outer limits" has the same meaning as in the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008 ;

"AFM Standards" has the same meaning as in the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008 ;

"another jurisdiction" means a State or Territory of the Commonwealth other than this jurisdiction;

"approved sleeper berth" means—

            (a)         in relation to a regulated heavy vehicle that is a heavy truck—a driver's sleeper berth that complies with ADR 42 (as in force from time to time under the Motor Vehicle Standards Act 1989 of the Commonwealth) and which is able to be used by a driver of the vehicle when taking rest; or

            (b)         in relation to a regulated heavy vehicle that is a bus—a driver's sleeper berth that complies with the requirements (if any) determined by the Authority by notice in the Gazette and which is able to be used by a driver of the vehicle when taking rest;

"ATC" means the Australian Transport Council;

"Authority" means the Minister;

"base"—the base of a driver in relation to particular work means—

            (a)         the place from which the driver usually does the work and which is recorded in his or her work diary; or

            (b)         if that place is not recorded in the driver's work diary—the garage address of the regulated heavy vehicle being driven by the driver;

"BFM accreditation" has the same meaning as in the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008 ;

"BFM hours" means the BFM hours for solo drivers working under BFM accreditation (see regulation 21) or the BFM hours for two-up drivers working under BFM accreditation (see regulation 23) as the case requires;

"BFM Standards" has the same meaning as in the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008 ;

"compliance purposes" has the same meaning as in section 40F of the Act;

"corresponding fatigue law" means—

            (a)         an Act or law in force in another jurisdiction regulating fatigue in drivers of regulated heavy vehicles (other than a law primarily related to occupational health and safety); and

            (b)         any other Act or law declared by the Minister by notice in the Gazette to be a corresponding fatigue law;

"critical risk offence"—see regulation 72;

"daily sheet" means a daily sheet referred to in regulation 29(3)(b);

"drive" includes—

            (a)         being in the driver's seat of a regulated heavy vehicle while the engine is running; and

            (b)         being in a regulated heavy vehicle for the purpose of instructing or supervising the driver of the vehicle;

"driver" means a driver of a regulated heavy vehicle;

"driver's licence" means—

            (a)         a driver's licence under the Motor Vehicles Act 1959 ; or

            (b)         a licence issued under a law of another State or Territory of the Commonwealth that corresponds to such a driver's licence; or

            (c)         a licence of a kind contemplated by section 97A(1)(a) of the Motor Vehicles Act 1959 ;

Note—

Section 97A of the Motor Vehicles Act 1959 authorises visiting motorists to drive a motor vehicle on roads in this State without holding a licence under that Act.

"electronic work diary" means an electronic information recording system—

            (a)         approved under regulation 31 for use as an electronic work diary and labelled in accordance with regulation 34; or

            (b)         approved as an electronic work diary and labelled in accordance with a corresponding fatigue law;

"employed driver" means a driver who is employed by someone else to drive a regulated heavy vehicle;

"employer" means a person who employs persons under contracts of employment, apprenticeship or training, but does not include a person who employs persons under a contract for services;

"exemption" means a work/rest hours exemption or a work diary exemption, as varied from time to time, granted under Part 5;

"fatigue" includes tiredness, weariness, drowsiness, exhaustion and lack of energy;

"Fatigue Authorities Panel" means the body of that name established in accordance with the Fatigue Authorities Panel Rules made by the National Transport Commission and approved by the Australian Transport Council, as in force from time to time;

"garage address", in relation to a regulated heavy vehicle, means—

            (a)         if the vehicle is usually kept at a depot when not in use—the address of the depot at which the vehicle is usually kept; or

            (b)         if the vehicle is usually kept at a particular place other than a depot when not in use—the home address of the registered operator of the vehicle whose home address is nearest that place; or

            (c)         in any other case—the home address of the registered operator of the vehicle who is listed first on the registration certificate for the vehicle;

"heavy truck" means—

            (a)         in the case of a combination—a motor vehicle (other than a bus or tram) that is part of the combination where the total of the GVM of the vehicles in the combination is more than 12 tonnes; or

            (b)         in any other case—a motor vehicle (other than a bus or tram) with a GVM of more than 12 tonnes;

"loading manager" means—

            (a)         a person who manages premises at which an average (calculated in accordance with subregulation (8)) of not less than 5 regulated heavy vehicles are loaded or unloaded on each day on which the premises are operating; or

            (b)         a person who supervises, manages or controls (whether directly or indirectly) the loading or unloading of regulated heavy vehicles at such premises;

"long/night work time" means any work time—

            (a)         in excess of 12 hours in any 24 hour period; or

            (b)         between the hours of midnight and 6 am;

"major rest break" means rest time of not less than 5 continuous hours;

"minor risk offence"—see regulation 72;

"NHVAS business rules" has the same meaning as in the Road Traffic (Approved Road Transport Compliance Schemes) Regulations 2008 ;

"night rest break" means a rest break consisting of—

            (a)         7 continuous hours of stationary rest time taken between the hours of 10 pm on one day and 8 am on the following day; or

            (b)         24 continuous hours of stationary rest time;

"night rest time" means rest time taken between the hours of 10 pm on one day and 8 am on the following day;

"non-participating zone" means all jurisdictions other than participating jurisdictions;

"occupational health and safety legislation" means the Occupational Health, Safety and Welfare Act 1986 , or a law of the Commonwealth that relates to occupational health and safety declared by the Minister by notice in the Gazette to be within the ambit of this definition;

"participating jurisdiction"—a jurisdiction is a participating jurisdiction if it is—

            (a)         this jurisdiction; or

            (b)         another jurisdiction, if that jurisdiction has a corresponding fatigue law;

"participating zone" means all participating jurisdictions;

"prime contractor", in relation to a driver, means a person who engages the driver to drive a regulated heavy vehicle under a contract for services;

"record keeper", in relation to a driver, means—

            (a)         if the driver is an employed driver working under standard hours, or under a work/rest hours exemption (not being an exemption granted in combination with a BFM or AFM accreditation)—the driver's employer; or

            (b)         if the driver is a self-employed driver working under standard hours, or under a work/rest hours exemption (not being an exemption granted in combination with a BFM or AFM accreditation)—the driver; or

            (c)         if the driver is working under the BFM or AFM accreditation of the operator of a regulated heavy vehicle, or under a work/rest hours exemption granted in combination with the BFM or AFM accreditation of the operator—the operator; or

            (d)         if another person is engaged by a person referred to in a preceding paragraph to perform specified functions of a record keeper under these regulations under a contract for services—that other person (but only in relation to the specified functions);

"record location", in relation to a driver, means—

            (a)         the location that the record keeper for the driver has nominated as the record location for the driver; or

            (b)         if the record keeper for the driver has not nominated such a location—the base of the driver;

"regulated heavy vehicle" means a motor vehicle that is declared to be a regulated heavy vehicle under regulation 4;

"relevant BFM or AFM accreditation", in relation to a party in the chain of responsibility in relation to a regulated heavy vehicle, means the BFM or AFM accreditation granted to the operator of the regulated heavy vehicle;

"rest time"—see regulation 14(3);

"scheduler" means a person who schedules—

            (a)         the work time or rest time of a driver; or

            (b)         the transport of passengers or goods by road by regulated heavy vehicle;

"self-employed driver" means a driver who is not an employed driver;

"severe risk offence"—see regulation 72;

"solo driver" means a driver other than a two-up driver;

"standard hours" means—

            (a)         the standard hours for solo drivers as specified in regulation 16;

            (b)         the standard hours for solo drivers (buses) as specified in regulation 17;

            (c)         the standard hours for two-up drivers as specified in regulation 19;

"stationary rest time" means any rest time spent by a driver—

            (a)         in an approved sleeper berth of a stationary regulated heavy vehicle; or

            (b)         out of a regulated heavy vehicle;

"substantial risk offence"—see regulation 72;

"supplementary record" means a supplementary record made in accordance with regulation 41 or a corresponding fatigue law;

"this jurisdiction" means South Australia;

"two-up driver" means a driver working under a two-up driving arrangement;

"two-up driving arrangement" means an arrangement under which 2 drivers share the driving of a regulated heavy vehicle that has an approved sleeper berth;

"unloader" of goods that have been transported by road means a person who—

            (a)         unloads the goods from a vehicle that transported the goods by road; or

            (b)         unloads a freight container (whether or not containing goods) from a vehicle that transported the freight container by road; or

            (c)         without limiting the above, unloads the goods from a freight container in or on a vehicle that transported the goods by road; or

            (d)         supervises an activity mentioned in paragraph (a), (b) or (c); or

            (e)         manages or controls an activity mentioned in paragraph (a), (b), (c) or (d);

"work diary" means a written work diary or an electronic work diary;

"work diary exemption"—see regulation 59;

"work record" means a work diary, a supplementary record or any other record or document required to be kept under regulation 44;

"work/rest change", in relation to a driver, means a change—

            (a)         from work time to rest time; or

            (b)         from rest time to work time; or

            (c)         from being a solo driver to being a two-up driver; or

            (d)         from being a two-up driver to being a solo driver;

"work/rest hours exemption"—see regulation 58;

"work/rest hours option"—a work/rest hours option is 1 of the following:

            (a)         standard hours for solo drivers (see regulation 16);

            (b)         standard hours for solo drivers (buses) (see regulation 17);

            (c)         standard hours for two-up drivers (see regulation 19);

            (d)         BFM hours for solo drivers working under BFM accreditation (see regulation 21);

            (e)         BFM hours for two-up drivers working under BFM accreditation (see regulation 23);

            (f)         AFM hours for drivers working under AFM accreditation (see regulation 24);

            (g)         the work and rest hours applicable to a driver as a condition of a work/rest hours exemption under Part 5 (whether or not the exemption was granted in combination with BFM or AFM accreditation);

"work time"—see regulation 14(1);

"written exemption" means a written exemption given to a person granted a work/rest hours exemption under regulation 58 or a work diary exemption under regulation 59 and includes—

            (a)         a revised written exemption given under regulation 60; and

            (b)         a replacement written exemption given under regulation 67;

"written work diary" means a written work diary issued to a driver under regulation 30 or under a corresponding fatigue law.

        (2)         For the purposes of these regulations, the following persons are "parties in the chain of responsibility" in relation to a regulated heavy vehicle:

            (a)         the employer of the driver of the vehicle;

            (b)         the prime contractor of the vehicle;

            (c)         the operator of the vehicle;

            (d)         a scheduler in relation to the driver of the vehicle, or the vehicle;

            (e)         the consignor of goods to be transported by the vehicle;

            (f)         the consignee of goods to be transported by the vehicle;

            (g)         the loading manager of goods to be transported by the vehicle;

            (h)         the loader of goods onto the vehicle;

                  (i)         the unloader of goods from the vehicle.

        (3)         To avoid doubt, a person may be a party in a chain of responsibility in more than 1 capacity.

        (4)         For the purposes of these regulations, a driver who is at different times an employed driver and a self-employed driver may have a different base in each capacity.

        (5)         For the purposes of these regulations, a driver who has 2 or more employers may have a different base in relation to each employer.

        (6)         For the purposes of these regulations, a reference to the variation of an exemption includes a reference to a variation of a condition of the exemption.

        (7)         The Authority must, in determining requirements for the purposes of paragraph (b) of the definition of "approved sleeper berth", have regard to, and seek to give effect to, any recommendation made by the Fatigue Authorities Panel in relation to the approval of sleeper berths.

        (8)         For the purposes of the definition of "loading manager", an average of not less than 5 regulated heavy vehicles will be taken to be loaded or unloaded on each day the premises are operating if—

            (a)         in the case of premises that have been operating for not less than 12 months—during the previous 12 months, an average of not less than 5 regulated heavy vehicles were loaded or unloaded at the premises on each day the premises were operating; or

            (b)         in the case of premises that have been operating for less than 12 months—during the period the premises have been operating, an average of not less than 5 regulated heavy vehicles were loaded or unloaded at the premises on each day the premises were operating.