We have recently had some inquiry's about the requirement to carry a work diary in the cab of the truck even if you are working inside your 100km radius below is an extracts out of the National Heavy Vehicle Law (NHVL) to which I will explain.

Division 2 Work diary requirements
 
Subdivision 1 Requirement to carry work diary
 

291 Application of Sdiv 1

This Subdivision applies if the driver of a fatigue-regulated heavy vehicle—

(a) is undertaking 100+km work under standard hours; or

(b) was undertaking 100+km work under standard hours in the last 28 days; or

(c) is working under BFM hours, AFM hours or exemption hours; or

(d) was working under BFM hours, AFM hours or exemption hours in the last 28 days.

292 Meaning of work diary for Sdiv 1

(1) In this Subdivision, a reference to a work diary in relation to the driver of a fatigue-regulated heavy vehicle is a reference to the following—

(a) if the driver has used only 1 or more written work diaries in the last 28 days—

[s 292]

Heavy Vehicle National Law (Queensland) Chapter 6 Vehicle operations—driver fatigue Part 6.4 Requirements about record keeping Current as at 10 February 2014 Page 317

(i) the written work diary the driver is currently using; and

(ii) any filled-up written work diary the driver has used during the last 28 days;

(b) if the driver has used only 1 or more electronic work diaries in the last 28 days—

(i) the electronic work diary the driver is currently using; and

(ii) printouts of the information no longer stored in the electronic work diary the driver is currently using and relating to any period during the last 28 days;                         and

(iii) printouts of the information in any other electronic work diary the driver has used in the last 28 days, relating to any period during the last 28 days and                          not stored in the electronic work diary the driver is currently using;

(c) if the driver has used a combination of written workdiaries and electronic work diaries in the last 28 days—

(i) the written work diary, or electronic work diary, the driver is currently using; and

(ii) each written work diary the driver has used during the last 28 days; and

(iii) if the driver is currently using an electronic work diary, printouts of the information no longer stored in the diary and relating to any period during the                           last 28 days; and

(iv) printouts of the information in any electronic work diary the driver has used in the last 28 days, relating to any period during the last 28 days and not                              recorded in the written work diary or electronic work diary the driver is currently using.

[s 293]

Heavy Vehicle National Law (Queensland) Chapter 6 Vehicle operations—driver fatigue Part 6.4 Requirements about record keeping Page 318 Current as at 10 February 2014

(2) If the driver has made a supplementary record in the last 28 days, for this Subdivision, the supplementary record is taken to be part of the driver’s work diary.

Note—

Section 305(4) provides in effect that a driver can no longer use a supplementary record if the driver is issued with a new work diary, the driver’s existing electronic work diary is made capable of recording new information or is brought back into working order, or 7 business days have expired (whichever first happens).

293 Driver of fatigue-regulated heavy vehicle must carry work diary

(1) The driver of a fatigue-regulated heavy vehicle must—

(a) keep a work diary; and

(b) ensure—

(i) the driver’s work diary records the information required to be recorded under Subdivision 2 for each day in the previous 28 days; and

(ii) the driver’s work diary is in the driver’s possession while the driver is driving the vehicle.

Maximum penalty—$6000.

Notes—

1 For the requirement to record particular information in a supplementary record if the work diary of the driver of a fatigue-regulated heavy vehicle is filled up, destroyed, lost, stolen or, for an electronic diary, is malfunctioning, see section 305.

2 Under section 568, an authorised officer may require the driver of a fatigue-regulated heavy vehicle to produce for inspection the driver’s work diary.

(2) Subsection (1) applies irrespective of the number of days in the previous 28 days the driver spent working in relation to a fatigue-regulated heavy vehicle.

[s 294]

Heavy Vehicle National Law (Queensland) Chapter 6 Vehicle operations—driver fatigue Part 6.4 Requirements about record keeping Current as at 10 February 2014 Page 319

(3) In a proceeding for an offence against subsection (1) relating to the driver failing to keep a work diary containing particular information, it is a defence for the driver to prove that—

(a) the information was recorded in a work diary that, at the time of the offence, has been destroyed (other than by the driver) or lost or stolen; or

(b) the information was—

(i) recorded in an electronic work diary; and

(ii) destroyed or lost as a result of a malfunction of the electronic work diary before the information was given to the driver’s record keeper or recorded in                          any other way. 

Section 293 clearly states that a driver of a fatigue related heavy vehicle must carry a work diary in the vehicle 293 (1) (b) (ii).

however this only applies if the conditions stated in section 291 are met.  

So a driver operating under standard hours within 100km of the drivers base and has not operated a fatigue related heavy vehicle outside the 100km base in the last 28 days a work diary is not required to be carried in the vehicle.

For the purpose of identifying the  driver base if a work diary is not available the officer is to use the garaged address on the registration of the vehicle.