Heavy Vehicle National Law Act 2012

This section applies if the driver’s record keeper on a relevant day is a person other than the driver.

The driver must, unless the driver has a reasonable excuse—

within 24 hours after the driver stops working on the relevant day, record the information mentioned in section 319(1)(a)(iii) to (vi) for that day; and

within 21 days after the relevant day, give the information mentioned in section 319(1) for that day to the driver’s record keeper.

The requirement imposed on the driver by subsection (2)(a) is taken to be satisfied if the record keeper records the information within the period mentioned in the provision.

The requirement imposed on the driver by subsection (2)(b) is taken to be satisfied if the record keeper obtains the information within the period mentioned in the provision in any way, including, for example, because the information is recorded—

in an electronic work diary used by the driver, the information in which is maintained by the record keeper; or

by the record keeper.

The record keeper must, so far as is reasonably practicable, ensure the driver complies with subsection (2)(b).

If the record keeper has engaged another person under a contract for services to comply with subsection (5) for the record keeper—

the record keeper remains liable for an offence against subsection (5); and

the other person is also liable for an offence against subsection (5) as if the other person were the record keeper mentioned in the subsection.

In this section—