South Australian Consolidated Regulations

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ROAD TRAFFIC (HEAVY VEHICLE DRIVER FATIGUE) REGULATIONS 2008 - REG 39

39—Driver must carry work diary

        (1)         A driver must, when driving a regulated heavy vehicle, keep in the vehicle a work diary containing the information required under regulation 40 for the preceding 28 days if he or she—

            (a)         is, or was during the preceding 28 days, engaged in 100-plus kilometre work; or

            (b)         is, or was during the preceding 28 days, working under BFM or AFM hours; or

            (c)         is, or was during the preceding 28 days, working under a work/rest hours exemption (whether or not the exemption was granted in combination with BFM or AFM accreditation).

Maximum penalty: $5 000.

        (2)         For the purposes of this regulation, a reference to a work diary includes, in the case of a written work diary that has been filled during the relevant period, a reference to both that written work diary and any written work diary issued to replace it.

        (3)         In this regulation—

"work diary" means—

            (a)         if the driver has used only a written work diary during the relevant period—the written work diary; or

            (b)         if the driver has used only 1 electronic work diary during the relevant period—the electronic work diary; or

            (c)         if the driver has used more than 1 electronic work diary during the relevant period—

                  (i)         the electronic work diary currently being used by the driver; and

                  (ii)         a copy of any information related to the driver in respect of the relevant period that is contained in any other electronic work diary used by the driver during that period; or

            (d)         if the driver has used both a written work diary and an electronic work diary or diaries during the relevant period—

                  (i)         the written work diary; and

                  (ii)         the electronic work diary currently being used by the driver (if any); and

                  (iii)         a copy of any information related to the driver in respect of the relevant period that is contained in any other electronic work diary used by the driver during that period,

and includes any supplementary record made during the relevant period.



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