Road traffic heavy vehicle driver fatigue regulations 2008

Select Legislative Instrument No. National Transport Commission Act Section 52 of the National Transport Commission Act the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Clause 14 of the IGA requires the Commonwealth to submit model legislation for inclusion in schedules to regulations under the Act. The proposed Regulations would implement this commitment. The purpose of the Regulations is to make various minor amendments to improve the operation of the National Transport Commission Model Legislation — Heavy Vehicle Driver Fatigue Regulations the Principal Regulations for nationally consistent implementation in each State and Territory. The amendments to the model Act included in the proposed Regulations are in model form to allow for implementation in each jurisdiction using the most convenient and effective regulatory manner available — for instance, the provisions may be incorporated into the law of a jurisdiction by way of amendment of existing legislation.

The Regulations were developed in conjunction with officers from Commonwealth, State and Territory road safety, traffic and road transport authorities. The proposed Regulations did not require a supporting Regulatory Impact Statement RIS as they did not provide for any changes to the regulatory environment.

From there the penalty should be adjusted up or down based on relevant factors. For example, aggravating features such as a large scale sophisticated and deceptive scheme would warrant a higher penalty, whereas mitigating features like a good record of a very long period of driving could substantially reduce the fine.

In this particular case the man charged had been a truck driver for 40 years with no prior convictions yet the Supreme Court considered that even then the fine imposed was manifestly inadequate. Since February these types of offences have now been incorporated into the Heavy Vehicle National Law which provides one set of rules for heavy vehicles over 4.

Despite this change to the applicable law, the guidelines set by the Supreme Court in this case will still apply. Clearly, the penalties for offences relating to heavy vehicles are significant. Any driver of a heavy vehicle that has been charged with a work diary offence should obtain legal advice promptly. Websters Lawyers offer a free initial interview to assist you to determine the best way to manage such a charge.

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