South Australian Consolidated Regulations

ROAD TRAFFIC (HEAVY VEHICLE DRIVER FATIGUE) REGULATIONS 2008 - REG 59

59—Work diary exemptions

        (1)         The Authority may, on application by a driver working under standard hours or the employer of such a driver, grant to the driver an exemption (a "work diary exemption ) from a specified provision or provisions of Part 4 Division 1 of these regulations.

        (2)         An exemption under subregulation (1) may be granted on conditions specified by the Authority.

        (3)         A person who contravenes or fails to comply with a condition of a work diary exemption is guilty of an offence.

Maximum penalty: $5 000.

        (4)         An application under subregulation (1) must—

            (a)         be made in a manner and form determined by the Authority; and

            (b)         be accompanied by the fee set out in Schedule 8; and

            (c)         be accompanied by a statement setting out—

                  (i)         the name of the applicant; and

                  (ii)         the name and base of the driver to be covered by the exemption; and

                  (iii)         the address of the record location of the driver to be covered by the exemption; and

                  (iv)         the period for which the exemption is sought; and

            (d)         nominate a person (the "nominee") to make written work records for the driver, and be accompanied by the nominee's written agreement to the nomination; and

            (e)         be accompanied by any other information reasonably required by the Authority.

        (5)         The Authority must not grant an exemption under subregulation (1) unless the Authority is satisfied that—

            (a)         the driver cannot make records in his or her work diary because of inadequate English literacy; and

            (b)         the nominee will make records at least as complete and accurate as those required under Part 4 Division 1.

        (6)         The Authority must determine an application made under subregulation (1) as soon as is reasonably practicable after the application is received.

        (7)         The Authority must, if the Authority grants an exemption under subregulation (1), give to the driver a written exemption that sets out the details of, and conditions (if any) applying to, the exemption.

        (8)         A written exemption must be in a form determined by the Authority.

        (9)         An exemption under this regulation—

            (a)         takes effect when the written exemption is given to the driver (or on such later date as may be specified in the written exemption); and

            (b)         subject to these regulations, remains in force for the period (not exceeding 3 years) stated in the written exemption.

        (10)         If the Authority refuses to grant an exemption under subregulation (1), the Authority must, by notice in writing, inform the applicant of that fact.

        (11)         A notice under subregulation (10) must state—

            (a)         the Authority's decision; and

            (b)         the reasons for the Authority's decision; and

            (c)         that the applicant may apply to have the decision reconsidered.