South Australian Consolidated Regulations South Australian Consolidated RegulationsSchedule 9—Transitional provisions
Part 1—Preliminary
(1) In this
Schedule—
revoked regulations means the Road Traffic (Driving Hours)
Regulations 1999 .
(2) In this Schedule,
the following terms have the same meaning as in the revoked regulations:
(a)
driver certification manual ;
(b)
driving time ;
(c)
logbook ;
(d) TFMS
.
Part 2—Transitional class exemptions
Division 1—Transitional work/rest hours class exemption
2—Special provisions related to transitional work/rest hours class
exemption
(1) Despite
regulation 58(8), the Authority may, for transitional purposes, grant a
work/rest hours exemption under regulation 58(2) (a transitional
work/rest hours class exemption ) on any grounds the Authority thinks fit.
(2) Without limiting
regulation 58(3), a transitional work/rest hours class exemption is
subject to the following conditions:
(a) the
maximum work times and the minimum required rest times in relation to a driver
working under the exemption are those set out in the notice in the Gazette in
which the exemption is granted;
(b)
subject to clause 11, a driver working under the exemption must record
(in accordance with the instructions (if any) specified in the notice in the
Gazette in which the exemption is granted) in his or her work diary the
portion of any work time that is driving time;
(c)
despite any other provision of these regulations, a driver working under the
exemption must record (in accordance with the instructions (if any) in the
notice in the Gazette in which the exemption is granted) in his or her work
diary any change from work time that is driving time to work time that is not
driving time, or from work time that is not driving time to work time that is
driving time.
Note—
The notice in the Gazette in which the exemption is granted may set out
further conditions that apply in relation to the exemption.
A driver who fails to comply with a condition of this exemption will not be
covered by the exemption, and may be liable to prosecution under regulation
58(5) or 62 of the regulations.
(3) For the purposes
of classifying an offence against regulation 62 by a driver working under
a transitional work/rest hours class exemption consisting of exceeding the
maximum driving hours in a 24 hour period by a particular amount, the offence
is to be classified as if the offence were an offence of exceeding the maximum
work times by the amount.
Part 3—Transitional TFMS
(1) This clause
applies to a driver who, immediately before the commencement of the Road
Traffic (Driving Hours) Revocation Regulations 2008 , was registered as a
driver participant in TFMS under the revoked regulations or a corresponding
law.
(2) The TFMS
registration of—
(a) a
driver to whom this clause applies; and
(b) a
person who was registered as employer participant in TFMS immediately before
the commencement of the Road Traffic (Driving Hours) Revocation
Regulations 2008 ,
will be taken to continue until the first anniversary of the commencement of
this clause (unless the registration is cancelled earlier in accordance with
these regulations or the Road Traffic (Driving Hours) Revocation
Regulations 2008 ).
(3) Regulation 34, 35,
37, Part 3 Division 4, Part 7 Division 1 and Part 7 Division 2 of the revoked
regulations continue to apply in relation to a driver to whom this clause
applies as if those regulations had not been revoked (and a reference in
regulations 34 and 39 to "this Part" will be taken to be a reference to
BFM hours (within the meaning of these regulations).
(4) Subject to this
clause, a driver to whom this clause applies may, during the prescribed
period, drive at BFM hours (the transitional TFMS ).
(5) However,
subclause (4) only applies to a driver if—
(a) the
driver—
(i)
carries his or her driver certification manual at all
times while working under transitional TFMS (and such carriage will be taken
to satisfy the requirements relating to the documents required to be carried
under regulation 27(1)); and
(ii)
complies with any requirement applicable to the driver
under regulations 34 and 35 of the revoked regulations as if those regulations
had not been revoked; and
(b) if
the driver is an employed driver—the employer—
(i)
is registered as an employer participant in TFMS; and
(ii)
complies with any requirement applicable to the employer
under regulation 39 of the revoked regulations as if those regulations had not
been revoked.
(6) For the purposes
of these regulations, transitional TFMS will be taken to be a work/rest hours
option.
(7) For the purposes
of Part 4 of these regulations—
(a) a
driver working under transitional TFMS will be taken to be working under
BFM accreditation; and
(b) a
reference in that Part to an operator's BFM accreditation number will be taken
to be a reference to the relevant TFMS registration number.
(8) This clause ceases
to apply to a driver if the driver commences working under BFM or
AFM accreditation or under a work/rest hours exemption.
(9) In this
clause—
corresponding law has the same meaning as in the revoked regulations;
prescribed period means the period ending at the end of 28 September 2009.
Part 4—Miscellaneous transitional provisions
11—Provisions relating to logbooks
(1) A driver to whom a
logbook has been issued under the revoked regulations or a corresponding law
and that has not been filled may—
(a) for
a period—
(i)
if the driver is working under standard hours, or a
transitional work/rest hours class exemption or transitional TFMS, or is a
driver working under an exemption under Part 2 Division 2 of this
Schedule—of not more than 90 days after the commencement of this
clause; or
(ii)
if the driver is working under BFM or AFM accreditation,
or a work/rest hours exemption (whether or not granted in combination with BFM
or AFM accreditation)—of not more than 14 days after the day on which he
or she first worked under the accreditation or exemption, or not more
90 days after the commencement of this clause, whichever is the earlier;
or
(b)
until the logbook is filled; or
(c)
until a written work diary is issued to the driver under these regulations or
a corresponding fatigue law,
(whichever occurs first) use the logbook for the purpose of satisfying the
requirements relating to written work diaries under these regulations as if
the logbook were a written work diary (and the logbook will be taken to be a
written work diary for the purposes of these regulations).
(2) The following
provisions apply in relation to a driver who, immediately before the
commencement of this clause, was not required under the revoked regulations to
have a logbook:
(a) the
driver is, for the period ending—
(i)
14 days after the commencement of this clause; or
(ii)
when a written work diary is issued to the driver under
these regulations or a corresponding fatigue law,
(whichever is the earlier) (the relevant period ), exempt from a requirement
of Part 4 Division 1 Subdivision 3;
(b) the
driver must, within 21 days after a day on which he or she drove a
regulated heavy vehicle during the relevant period, give to his or her
record keeper the following information:
(i)
the driver's name;
(ii)
the date of each day during the relevant period on which
the driver drove a regulated heavy vehicle;
(iii)
an estimate of the driver's total driving time, total
work time and total rest time for each day during the relevant period on which
the driver drove a regulated heavy vehicle;
(iv)
an estimate of the driver's total driving time, total
work time and total rest time for each week during the relevant period in
which the driver drove a regulated heavy vehicle,
(and compliance with this paragraph will be taken to satisfy the requirements
under regulation 45 in relation to the relevant period);
(c) for
the purposes of regulation 38, a reference in that regulation to "this
Subdivision" will be taken to be a reference to this subclause;
(d) for
the purposes of regulation 44, the information required to be given to a
record keeper under paragraph (b) will, in relation to the relevant
period, be taken to be the information required to be kept under
regulation 44(1) or (2) (as the case requires);
(e)
regulation 46 does not apply in relation to the driver in respect of the
relevant period.
(3) An application for
a written work diary under regulation 30 must, if the driver has been
issued a logbook under the revoked regulations or a corresponding law, be
accompanied by the most recent logbook issued to the driver under those
regulations.
(4) The Authority
must, if an application for a written work diary is accompanied by a logbook
in accordance with subclause (3), cancel any unused daily sheets in the
logbook by writing in large letters the word "cancelled" across each such
sheet and return the logbook to the applicant on issuing the written work
diary.
(5) A requirement
under subclause (3) or (4) is in addition to any requirement under
regulation 30.
(6) A requirement
under regulation 39(1) that a driver keep in a vehicle a work diary
containing certain information for the preceding 28 days also applies to
a driver who, during the preceding 28 days referred to in that subregulation,
was required to record information in a logbook under the revoked regulations
(and a reference in that subregulation to information required under
regulation 40 will, in relation to the information required to be
recorded in the logbook, be taken to be a reference to the information
required to be kept under Part 4 Division 2 of the revoked regulations).
(7) For the purposes
of regulation 39, a reference to a work diary includes, in the case of a
driver who has used a logbook during the relevant period, a reference to the
logbook.
(8) Regulation 48
does not apply in relation to unused daily sheets in a logbook cancelled in
accordance with subclause (4).
(9) In this
clause—
corresponding law has the same meaning as in the revoked regulations.
12—Compliance with transitional provision of corresponding fatigue law
For the purposes of these regulations, if a driver whose base is in another
participating jurisdiction undertakes work in accordance with a provision of a
transitional nature under a corresponding fatigue law of that jurisdiction,
the driver, and any parties in the chain of responsibility in relation to the
driver, will be taken to have complied with these regulations and the Road
Traffic (Approved Road Transport Compliance Schemes) Regulations 2008 in
relation to such work.