Contents

Part 1     Rule requirements

Section 1.     Introduction

• 1.1     Title
• 1.2     Date
• 1.3     Application of Rule provisions
• 1.4     Date when Rule comes into force

Section 2.     Work time and rest time

• 2.1     Work time and rest time hours
• 2.2     Rest breaks: driver categories
• 2.3     Particular situations
• 2.4     Variation of hours

Section 3.     Logbook coverage

• 3.1     Who must use logbooks?
• 3.2     Period in which a logbook must be maintained?
• 3.3     Secondary or parallel employment
• 3.4     Alternative approved records

Section 4.     Exemptions from requirement to maintain logbooks

• 4.1     General requirement
• 4.2     General duty of proof
• 4.3     Emergency services
• 4.4     Exemptions by vehicle type
• 4.5     Exemptions by vehicle service
• 4.6     General exemptions by situation
• 4.7     Medical exemptions
• 4.8     Application for logbook exemption
• 4.9     Exemption notice must be carried

Section 5.     Managing logbooks

• 5.1     Form of a logbook
• 5.2     Mandatory requirements
• 5.3     Accounting for days off work
• 5.4     Events to be recorded
• 5.5     Managing the records

Section 6.     Fatigue management schemes

• 6.1     General requirement
• 6.2     Initial application
• 6.3     Assessment
• 6.4     Manual
• 6.5     Approval
• 6.6     Effect of approval
• 6.7     Conditions

Section 7.     Training

• 7.1     Process
• 7.2     Content

Section 8.     Transition

• 8.1     Logbooks and exemptions

Part 2     Definitions

Part 3     Schedules

Schedule 1     Logbook design

Schedule 2     Using the logbook form

Schedule 3     Reference to relevant offences and penalties

 

Part 1     Rule requirements

Section 1     Application

1.1     Title

This Rule is Land Transport Rule: Work Time and Logbooks [2006].

[Note: The Rule gives effect to the provisions of the Land Transport Act 1998, specifically Parts 4B and 6B, which set out responsibilities, offences and penalties, and section 158(b)(vi)(A) and (F), which empowers the making of this Rule.]

 

1.2     Scope

This Rule:

• (a) augments the standard work time hours specified in the Act;
• (b) specifies how logbooks are to be used;
• (c) outlines roles, duties and responsibilities for managing driver fatigue;
• (d) provides for the need to keep and maintain records of hours worked;
• (e) specifies the requirements for logbook design;
• (f) specifies the requirements for fatigue management schemes;
• (g) provides a summary in Schedule 3 of the offences and penalties prescribed by the Act and those proposed for inclusion in the Land Transport (Offences and Penalties) Regulations 1999.

[Note: 'Fatigue management scheme', 'Logbook', and 'Record' are defined terms. See Part 2 Definitions.]

 

1.3     Application of Rule provisions

1.3(1)     This Rule applies to all persons subject to the work time requirements in Parts 4B or 6B of the Act.

[Note: 'Work time' is a defined term.]

[Note: In general, Part 4B of the Act applies to a driver of a vehicle that requires a Class 2, 3, 4, or 5 licence, or is used in a transport service (other than a rental service), or that is a vehicle used to carry goods for hire or reward.]

1.3(2)     If there is a conflict between a provision of this Rule and any note or example included in this Rule, the provision of this Rule applies.

 

1.4     Date when Rule comes into force

This Rule comes into force on [date].

[Note: Transitional arrangements are specified in section 8.]

 

Section 2     Work time and rest time

2.1     Work time and rest time hours

2.1(1)     Work time hours may be extended when a heavy motor vehicle requiring a Class 2, 3, 4 or 5 licence to be driven, and that is subject to work time requirements, is driven to or from a place of work and to a residence or temporary accommodation, or a garage or depot.

[Note: Although a 'paid' day may be a set number of hours, work time hours may extend beyond that period.]

2.1(2)     For the avoidance of doubt, the limits to a cumulative work period are calculated by adding up the total work time hours since the last continuous break of at least 24 hours.

2.1(3)     A driver must take the rest breaks prescribed for the driver categories in 2.2.

[Note: 'Rest break' is a defined term.]

[Note: A driver would not comply with 2.2 if the driver missed a rest period and worked on, cutting the rest period short, or continued to 'work' in a different way (even if this did not include driving).]

 

2.2     Rest breaks: driver categories

Standard rest break requirement

2.2(1)     A driver, other than a driver specified elsewhere in this section, must take a rest break after 5½ continuous hours of work time.

Taxis

[Note: 'Taxi' is defined by reference to the Act.]

2.2(2)     If a taxi driver undertakes short fares around a city or town, with variable periods of waiting for the next fare, a rest break must be taken after seven continuous hours of work time.

2.2(3)     Work time, for a taxi driver, includes time spent:

• (a) on a taxi rank when the taxi is available for hire; and
• (b) driving, whether or not carrying a fare-paying passenger; and
• (c) carrying out administrative work.

2.2(4)     During a rest break, a taxi driver must not drive and must not display on the vehicle's taxi sign an indication that the taxi is available for hire.

Urban buses

[Note: 'Urban bus' is a defined term.]

2.2(5)     A driver of an urban bus must take a rest break after five continuous hours of work time.

Tour buses

2.2(6)     For the purposes of 2.2(7) to 2.2(9), a bus is operated as a tour bus if it:

• (a) has a defined schedule of more than 24-hours duration; and
• (b) carries a constant group of passengers throughout the period; and
• (c) is the only rostered duty in any natural day for the bus driver.

[Note: 'Natural day' and 'Operate' are defined terms.]

[Note: A natural day is the basis on which a driver fills in a logbook page.]

2.2(7)     With the written approval of the Director, a tour bus driver may vary the work time hours specified in the Act.

2.2(8)     A variation on a cumulative work day approved under 2.2(7) for a tour bus driver must include scheduled meal breaks, which count as the required rest breaks for each working day.

[Note: 'Director' is a defined term.]

2.2(9)     An approval under 2.2(8) must state the name of the company and the tour (as defined in a company brochure) to which the variation applies.

Mixed driving

2.2(10)     A person who drives in more than one vehicle category (as specified in 2.2(2) to 2.2(9)) in a cumulative work day, must take the most stringent rest break requirement.

 

2.3     Particular situations

Ferries

2.3(1)     A driver may count as a rest break a scheduled vehicle ferry trip of more than one hour's duration, including time spent in the vehicle while the ferry is sailing.

2.3(2)     Ferry departure and arrival times must be noted as the start and end of a rest break.

[Note: While a driver may be called on to attend the vehicle before docking, this is normally balanced by leaving the vehicle before the ferry departs from the dock. The one-hour rule is designed to exclude short barge trips and to ensure that at least 30 minutes of rest break are available.]

2.3(3)     At the end of a ferry sailing, a driver may take a vehicle to a place of storage or safety, even if in doing so the hours of work time for that cumulative work day would be exceeded, provided that:

• (a) the additional period of driving does not exceed one hour; and
• (b) a 10-hour continuous break is then taken immediately.

Emergency services

2.3(4)     Subclauses 2.3(5) to 2.3(8) apply to a person driving for an emergency service.

[Note: 'Emergency service' is a defined term.]

2.3(5)     Subject to 2.3(6) of this Rule, and in accordance with section 30ZC(4) of the Act, limits to work time hours specified in the Act may be exceeded if a driver of an emergency vehicle is required to respond to a priority call.

[Note: 'Priority call' is a defined term.]

2.3(6)     A dispatcher must examine alternatives, including substitutes available from another location, before sending a person who has exceeded their work time hours on an emergency call.

2.3(7)     At the end of an emergency service response that takes a driver beyond their work time hours, the driver must not undertake scheduled or routine work (whether driving or otherwise) that would breach work time requirements, but must take the required 10-hour break before reporting for their next shift.

2.3(8)     For the avoidance of doubt, volunteer fire fighters and ambulance drivers are not subject to work time limits, even when they have worked a full day, when they are called out to attend, or are returning from , a priority call.

[Note: This variation does not extend to driving undertaken for routine tasks (such as training and maintenance) but only for driving directly connected to a priority call. Drivers may not, for example, transfer a fire appliance between stations if that would take them beyond their work time hours for that day.]

Unavoidable delay

2.3(9)     If any driver is likely to exceed work time requirements following an unavoidable delay (that is, a delay arising out of circumstances that could not have been reasonably foreseen by the driver), the driver must record the circumstances in their logbook as soon as practicable.

[Note: This would provide verification should that driver be charged with exceeding work time requirements.]

Essential service workers

2.3(10)     Subclauses 2.3(11) and 2.3(12) apply to drivers employed by or under contract to a company that provides line function services, as defined by section 2(1) of the Electricity Act 1992.

2.3(11)     A driver in 2.3(10) may extend their work time hours if the driver can provide evidence that they were required to undertake any of the following tasks:

• (a) restoration of supply following an unplanned outage;
• (b) rectification of dangerous situations including support requested by an emergency service;
• (c) unplanned events that have a significant impact on the security of supply to a network.

2.3(12)     At the end of a cumulative work day during which work time hours have been extended to undertake a task in 2.3(11), a driver may return a vehicle to a depot if that journey does not exceed two hours' driving, provided that a 10-hour break is taken before undertaking further work.

2.3(13)     A company that requires a driver to extend their work time hours in accordance with 2.3(11), must record the hours worked, the name of the person who worked those hours, and the situation that required the variation.

2.3(14)     A record made under 2.3(13), must be retained for a period of 12 months, and must be produced for inspection to an enforcement officer who requests it.

 

2.4     Variation of hours

[Note: The authority for the Director to consider variations of work time, and the conditions attached to that power, are stated in section 30Z of the Act.]

2.4(1)     In order to meet short-term operational requirements, a transport service operator may apply for a variation of either:

• (a) allowable work time; or
• (b) required rest breaks.

[Note: 'Transport service operator' is defined by reference to the Act.]

2.4(2)     A variation must meet the following criteria:

• (a) the period for which the variation is sought may not exceed 14 days in total; and
• (b) work time in any cumulative work period may not exceed 70 hours.

2.4(3)     A variation under this clause may not be applied retrospectively.

[Note: Transport service operators who regularly wish to vary work time in this way should consider applying to create a fatigue management scheme as outlined in section 6 of this Rule.]

Process for seeking a variation

2.4(4)     A transport service operator seeking a variation must apply in writing to the Director, stating:

• (a) the operational requirement and the variation sought to meet it; and
• (b) the period for which the variation is sought; and
• (c) the schedule of hours to be worked if the variation is approved; and
• (d) the drivers involved (by name or job description); and
• (e) evidence of consultation with the affected drivers; and
• (f) any proposed change to the required rest breaks; and
• (g) any mitigating factors in the proposed variation (for example, limits on driving undertaken between midnight and 6.00 am).

2.4(5)     The Director must advise the applicant in writing of the outcome of the application.

2.4(6)     The Director may attach conditions to a variation, when approving it.

2.4(7)     A driver working temporarily within an approved variation must carry a copy of the approval at all times while operating a vehicle subject to work time requirements.

2.4(8)     A driver working within the terms of a variation must observe all the limits and conditions stated in the approval.

 

Section 3     Logbook coverage

3.1     Who must use logbooks?

A driver subject to section 30ZE of the Act must maintain a logbook, unless the driver:

• (a) is a person to whom section 4 of this Rule applies; or
• (b) has been granted an exemption under section 30ZA of the Act.

 

3.2     Period in which a logbook must be maintained

3.2(1)     A logbook must show the extent of the cumulative work day and the cumulative work period.

3.2(2)     A logbook must record when the most recent 10-hour break was taken.

3.2(3)     A logbook must record the period back to (and including) the last 24-hour break.

3.2(4)     A logbook must be maintained until the next 24-hour break is taken at the end of that work period.

[Note: Section 30ZE(2) of the Act requires that the logbook in current use, and any previous logbook that covers that work period, must be carried by the driver at all times when driving a vehicle to which section 30Y applies.]

 

3.3     Secondary or parallel employment

The requirement to keep logbooks applies regardless of whether or not a driver works for more than one employer, and even if one of those employers is not involved in a transport service.

[Note: 'Transport service' is defined by reference to the Act.]

 

3.4     Alternative approved records

3.4(1)     Alternative means of recording approved by the Director are, with necessary modifications, logbooks for the purposes of this Rule.

[Note: Section 30ZG of the Act empowers the Director to approve (and revoke) an alternative means of recording matters relevant to the monitoring of work time that would otherwise be recorded in a logbook. These may include approved electronic recording systems or devices.]

Application for new approvals

3.4(2)     Any person may apply to the Director in writing to have an alternative system or recorder approved.

3.4(3)     An application in 3.4(2) must specify:

• (a) the data to be collected; and
• (b) how data is transferred from vehicles and subsequently managed by the operator; and
• (c) how drivers using the system will be identified; and
• (d) what measures will be in place to prevent tampering with the devices or records; and
• (e) how enforcement officers may access records.

3.4(4)     The Director must advise the applicant in writing of the outcome of the application and if granting an approval may impose conditions.

3.4(5)     The Director must publicise an approval under this clause by notice in the Gazette.

Effect of approval

3.4(6)     A driver whose work time hours are being recorded by an approved alternative recording system does not have to maintain a logbook.

3.4(7)     Despite 3.4(6), a driver using an approved alternative recording system, or a transport service operator, must produce any record specified in the approval when required to do so by an enforcement officer.

[Note: Any omission or false statement in relation to an electronic recording device is an offence, under section 79R of the Act, equivalent to such an omission or false statement made on a (conventional) logbook record.]

 

Section 4     Exemptions from requirement to maintain logbooks

4.1     General requirement

4.1(1)     A driver must record all work for each day within a cumulative work period if required to maintain a logbook for part of that period, even when the period includes work for which the use of a logbook is not required under this section.

[Note: Section 30ZA(1)(b) of the Act empowers the Director to grant partial or total written exemptions from some or all of the requirements to maintain logbooks.]

4.1(2)     Despite 4.1(1), the driver of a vehicle operated in an emergency service does not have to make a record of any driving or other duties undertaken in respect of a priority call.

[Note: Carriage and production of a logbook is required only when driving a vehicle subject to logbook use (section 30ZH(2) of the Act applies). An emergency service may be called upon to provide operational records under section 113A of the Act.]

 

4.2     General duty of proof

A driver to whom this section applies must offer proof, on demand by an enforcement officer, that they are complying with the applicable conditions of this section or with an exemption granted by the Director under section 30ZA of the Act.

 

4.3     Emergency services

Armed forces

4.3(1)     A driver of a vehicle that is operated by the New Zealand Defence Force does not have to maintain a logbook.

Police

4.3(2)     A driver of a vehicle that is operated by the New Zealand Police does not have to maintain a logbook.

Ambulance services

4.3(3)     A driver of a vehicle operated by an ambulance service does not have to maintain a logbook.

[Note: 'Ambulance service' is a defined term.]

Fire brigades

4.3(4)     A driver of a vehicle that is operated by a fire brigade does not have to maintain a logbook.

[Note: 'Fire brigade' is a defined term.]

 

4.4     Exemptions by vehicle type

Farm vehicles

4.4(1)     A driver of a vehicle that belongs to the owner or manager of a farm, or an employee on a farm, does not have to maintain a logbook, provided that the vehicle is only driven within a 50-km radius of that farm and is used:

• (a) in an agricultural operation that is related directly to the management of that farm; or
• (b) on a road to transport farm products, farm implements, stock, or farm requisites of any kind.

Other agricultural vehicles

4.4(2)     A driver of an agricultural harvester that travels less than 50 km on a road in a natural day does not have to maintain a logbook.

Motor homes

4.4(3)     The driver of a motor home does not have to maintain a logbook if the motor home complies with the conditions in 4.4(4).

4.4(4)     A motor home must:

• (a) be permanently fitted out for occupation by the inclusion of sleeping and cooking facilities; and
• (b) have more than half of the vehicle floor area (including the floor area of both tractor and trailer if a combination vehicle) fitted out for occupation.

[Note: 'Combination vehicle' is a defined term.]

Other recreational vehicles

4.4(5)     A driver of a recreational vehicle, including a vehicle towing another vehicle such as a caravan or boat trailer, the combination of which would require a Class 2 licence to be operated, does not have to maintain a logbook.

[Note: 'Recreational vehicle' is a defined term.]

 

4.5     Exemptions by vehicle service

Goods vehicles used within 50 km of base of operations

4.5(1)     A driver of a goods vehicle does not have to maintain a logbook if the vehicle requires a Class 1 or Class 2 licence to be driven and is driven by a person holding a Class 2, 3, 4 or 5 licence, and:

• (a) is operated within a 50-km radius of the vehicle operator's usual business location; or
• (b) is driven within a 50-km radius of the base of operations during the previous 24 hours.

[Note 'Base of operations', 'Goods vehicle', and 'Usual business location' are defined terms. 'Goods service vehicle' is defined by reference to the Act.]

4.5(2)     A logbook must be maintained in any cumulative work period if a goods service vehicle is moved between locations and exceeds the 50-km radius.

Vehicle recovery service vehicles

4.5(3)     A driver of a vehicle recovery service vehicle does not have to maintain a logbook, provided that the driver completes and retains tow authorities as an equivalent record of their work time hours.

[Note: 'Tow authority' is a defined term. 'Vehicle recovery service vehicle' is defined by reference to the Act.]

Urban bus services

4.5(4)     Subject to 4.5(5) and 4.5(7), a driver of an urban bus, who is working regular rosters, does not have to maintain a logbook if the following conditions are complied with:

• (a) the schedule does not require driving between midnight and 4.00 am;
• (b) the routes are registered with the relevant regional council;
• (c) the routes driven do not exceed 100 km from terminus to terminus.

4.5(5)     For the purposes of 4.5(4), a schedule includes time taken to drive a bus to the beginning of the first scheduled trip, and the time taken to return to the depot at the completion of the last scheduled trip.

4.5(6)     A driver of a bus engaged in rostered work under 4.5(4), including off-peak charter work (that is, driving a bus to and from a specified point for a specified group as part of an event or activity such as a school sports day), does not have to keep a logbook, provided that the charter driving:

• (a) occurs between 8.00 am and 6.00 pm, Monday to Friday (inclusive); and
• (b) is within a 50-km radius of the depot where the bus is normally garaged; and
• (c) is in accordance with a schedule allocated to the driver in writing, including the required rest breaks.

4.5(7)     During work time hours, a driver must carry a copy of a document showing the routes and times allocated to that driver for that day, and must show it on demand to an enforcement officer.

4.5(8)     Despite 4.5(6), a logbook must be maintained for bus driving:

• (a) outside the hours specified in 4.5(6)(a);
• (b) for routes or charter tasks covering a distance of more than 100 km;
• (c) when work is undertaken outside the rostered hours (for example, extending the rostered day to cover for another driver's absence);
• (d) when the cumulative work period includes driving another vehicle for which maintaining a logbook is a requirement (for example, driving a taxi).

School bus services

4.5(9)     A driver of a school bus does not have to maintain a logbook.

[Note: 'School bus' is a defined term.]

 

4.6     General exemptions by situation

Off-road vehicles

4.6(1)     A driver of a vehicle (other than a passenger service vehicle) used exclusively in an area to which the public does not have access as of right does not have to maintain a logbook.

4.6(2)     A driver of a vehicle does not have to maintain a logbook, provided that the vehicle is only being operated within a defined construction zone under the control of an approved temporary traffic management plan.

4.6(3)     A driver must maintain a logbook if, in addition to driving a vehicle in 4.6(1) or 4.6(2), they drive a vehicle for which maintaining a logbook is a requirement.

Aircraft refuelling

4.6(4)     A driver of an aircraft-refuelling vehicle that does not travel on a road, or that is driven only within a 3-km radius of the control tower of an international airport, does not have to maintain a logbook.

Vehicles under repair or being demonstrated

4.6(5)     A driver (other than a driver of a vehicle recovery service vehicle) does not have to maintain a logbook if the driving occurs within a 50-km radius of the enterprise's usual business location; and

• (a) the vehicle is under mechanical repair or is being used solely for road testing; or
• (b) the driver's duties are solely concerned with sales, servicing, or demonstration of new or used vehicles.

Vehicles under test

4.6(6)     A driver of a vehicle driven solely for the purpose of obtaining evidence of vehicle inspection does not have to maintain a logbook, provided that the vehicle is driven directly between the nearest location at which evidence of vehicle inspection can be issued, and the operator's usual business location.

Impromptu vehicle recovery

4.6(7)     A driver of a vehicle that is used to carry out an impromptu vehicle recovery, and that is not fitted or normally used for this task, does not have to maintain a logbook.

[Note: This exemption includes situations where one vehicle breaks down by the roadside, and is assisted back to the road or to base (usually by providing a tow) by a vehicle that is not normally used for this task.]

Local authorities

4.6(8)     A driver who is an employee of a local authority and for whom driving is secondary to their principal employment does not have to maintain a logbook for a vehicle owned or leased and operated by the local authority.

[Note: 'Local authority' is a defined term.]

4.6(9)     Subclause 4.6(8) does not apply if the employee is driving a passenger service vehicle for the local authority.

Rubbish collection

4.6(10)     A driver of a vehicle that is operated solely as part of a domestic rubbish collection service operated by or under contract to a local authority does not have to maintain a logbook, provided that the driving takes place between the hours of 5.00 am and 7.00 pm, Monday to Saturday (inclusive).

Services on Great Barrier Island, Stewart Island or the Chatham Islands

4.6(11)     A driver of a vehicle driven only on Great Barrier Island, Stewart Island or the Chatham Islands does not have to maintain a logbook.

 

4.7     Medical exemptions

4.7(1)     A person who suffers from a medical condition that results in a physical inability to keep a logbook may, upon application to the Director, be issued with a notice that confirms that that person does not have to maintain a logbook.

4.7(2)     An application under 4.7(1) must include a statement by a registered medical practitioner providing the grounds for granting the exemption.

 

4.8     Application for logbook exemption

An application for an individual exemption from logbook use must include:

• (a) the contact details of the applicant or company representative; and
• (b) the types of transport operation undertaken; and
• (c) the range of duties that drivers are expected to undertake; and
• (d) the names and job descriptions of drivers to be exempted; and
• (e) a record of hours that are in place at the time of application.

 

4.9     Exemption notices must be carried

4.9(1)     An individual granted an exemption from the use of logbooks issued by the Director under section 30ZA of the Act must carry that exemption at all times when driving a vehicle that is subject to work time requirements.

4.9(2)     If, under section 30ZA of the Act, an exemption is issued to a company, copies of the exemption must be made and given to the company's drivers who are subject to work time requirements, and the copy carried by a company driver must include contact details of a company representative.

[Note: Section 30ZA(3) of the Act allows the Director to revoke by notice in writing any exemption from logbook use, if the Director considers that conditions have been breached.]

 

Section 5     Managing logbooks

[Note: A logbook is a record of all work time hours undertaken by a driver, and stays with that driver until completed. Under section 79R of the Act, it is an offence to omit required details or to make a false statement in a logbook. It is also an offence under that provision to have more than one logbook in use to cover the same period of time.

A logbook is an official document, which can be produced in court as evidence. It can be produced as evidence when it has been removed from a crash scene. This is to allow for a situation in which a driver has been incapacitated at, or removed from, the crash scene.]

 

5.1     Form of the logbook

5.1(1)     Except as provided in 8.1(2)(a), a logbook must be in the form prescribed in Schedule 1.

5.1(2)     The proposed logbook form, including any explanatory notes to be included on the cover or elsewhere, must be approved by the Director before the forms are printed.

5.1(3)     The book code and approval code must be printed on each page of the logbook form.

 

5.2     Mandatory requirements

5.2(1)     Subject to 5.3, a driver must record on each page for each natural day that the logbook must be maintained:

• (a) the driver's name; and
• (b) the date to which the logbook page refers; and
• (c) the registration number, type and distance recorder readings of all vehicles subject to work time requirements that have been driven in each natural day; and
• (d) the start time and finish time, with a location for each, for all work time hours; and
• (e) the start time, finish time and location of all rest breaks.

5.2(2)     The details in 5.2(1) must be recorded legibly.

 

5.3     Accounting for days off work

5.3(1)     Logbook pages do not have to be completed for days when work is not undertaken.

5.3(2)     A driver only has to note in the logbook on their first work day the dates of the days off, if annual leave of one or more days has been taken or work has resumed after one or more natural days on which no work is undertaken.

 

5.4     Events to be recorded

Whenever a delay causes, or is likely to cause, the work time limits for that day to be exceeded, the event must be recorded in the logbook.

 

5.5     Managing the records

5.5(1)     The completed original ('driver') copy of each page must be left in the logbook.

5.5(2)     Each duplicate ('record') copy must be removed at the end of a cumulative work period and either handed to the employer within 14 days of the date of the record being made or retained (in the case of an owner/operator) as part of a separate record.

5.5(3)     Each triplicate ('enforce') copy must be left in the logbook unless required to be produced on demand to an enforcement officer under section 30ZE(3) of the Act.

[Note: Under section 30ZD of the Act, a driver who is required to maintain a logbook must retain the logbook entry records for a period of 12 months after the date of the last entry in the logbook. Similarly, the driver's employer must retain a copy of that logbook for a period of 12 months after the date of the last entry in that logbook. Under section 30ZH(3), an enforcement officer is entitled to remove triplicate ('enforce') copies from the logbook, or to make copies of any log entry.]

 

Section 6     Fatigue management schemes

6.1     General requirement

6.1(1)     A person may not operate a fatigue management scheme without approval for it in writing issued by the Director.

 

6.2     Initial application

6.2(1)     An applicant for assessment for the approval of a fatigue management scheme must be a transport service operator.

6.2(2)     An applicant for assessment must provide to the Director in writing the information specified in 6.2(3), and must complete the prescribed form.

[Note: 'Prescribed form' is a defined term.]

6.2(3)     An application for assessment must include:

• (a) a description of the business and types of operation for which the application is being lodged; and
• (b) a description of the routes and areas of operation proposed for the scheme; and
• (c) a statement signed by the applicant, confirming that:
  • (i) the application and any included documents accurately describe the business, and name the persons managing it; and
  • (ii) the persons named in the application have the authority to negotiate the terms of a scheme on behalf of the applicant.

6.2(4)     The Director must consider the application, seeking further particulars if necessary, taking into account the applicant's safety record, and the extent of existing fatigue monitoring and compliance by the applicant.

6.2(5)     The Director must advise the applicant in writing of the outcome of the application.

 

6.3     Assessment

6.3(1)     An applicant whose initial application has been accepted must:

• (a) conduct and document a driver fatigue risk analysis; and
• (b) draft a manual setting out the proposed fatigue management scheme, including in it the relevant matters specified in 6.4 and any other matter specified by the Director; and
• (c) consult with any representatives of the drivers covered by the relevant transport licence (including, but not limited to, unions).

6.3(2)     When submitting the manual for the Director's approval, the applicant must pay the appropriate fee or fees (if any) specified or assessed in accordance with regulations made under the Act.

 

6.4     Manual

6.4(1)     The applicant must complete the following information before submitting the manual to the Director for approval:

• (a) a statement of the applicant's driver fatigue management policy;
• (b) the name, title and contact details of the person with overall responsibility for managing the scheme and ensuring compliance with it;
• (c) the titles and names of persons who are to manage and supervise the scheme;
• (d) the names and driver licence details of all drivers operating under the scheme;
• (e) a summary of the duties and responsibilities of those persons referred to in paragraph (c) in relation to the scheme;
• (f) details of the applicant's fatigue management scheme, including:
  • (i) a definition of normal limits to hours of work, permitted variations, and measures to be applied before, in the course of, and after any variation;
  • (ii) incident and accident reporting and investigation procedures;
  • (iii) education and training requirements, and procedures to record education and training;
  • (iv) internal review procedures to verify that the scheme is being complied with and to ensure effective corrective and preventative actions are taken when required;
  • (v) details of the letter required under 6.6(6) to be carried by all drivers operating under the scheme;
  • (vi) procedures to control, amend and distribute the manual;
  • (vii) any other related matter that the Director considers necessary.

6.4(2)     The Director may require an audit of the matters described in the manual, to ensure that they are properly provided for and that appropriate capability exists to implement the scheme on an ongoing basis.

6.4(3)     The Director may consider supporting information submitted by the applicant.

 

6.5     Approval

6.5(1)     The Director may:

• (a) approve the fatigue management scheme as described in the manual; or
• (b) require changes to the manual, which may be resubmitted for approval; or
• (c) reject the manual if it does not meet the criteria in 6.4.

6.5(2) The Director must advise the applicant in writing of the outcome of the application.

6.5(3) If the fatigue management scheme is approved, the Director must publish a notice in the Gazette stating to whom approval has been granted and the term of the approval.

 

6.6     Effect of approval

6.6(1)     An approved fatigue management scheme authorises the holder to conduct the operations described in the scheme in accordance with its terms and conditions.

6.6(2)     The holder of an approved fatigue management scheme must:

• (a) maintain accurate records of each employee or contractor covered by the scheme, including the details of relevant experience, qualifications, training and refresher training of each employee covered by the scheme; and
• (b) maintain all operational records specified in the manual, including, but not limited to, internal reviews, non-compliance reports, incident and accident reports, schedules and rosters, trip records and fatigue counter-measures adopted; and
• (c) retain those records for at least one year from the date of creation.

6.6(3)     All persons employed by or contracted to the holder of the approved fatigue management scheme, or involved in conducting the operations covered by the scheme, must comply with the requirements of the manual.

6.6(4)     A driver working within an approved fatigue management scheme must, instead of complying with the work time requirements in section 2, comply with the limits, variations, and requirements described in the scheme.

6.6(5)     A driver working within an approved fatigue management scheme must keep the records required by the scheme.

6.6(6)     A driver working under the terms of an approved fatigue management scheme must, at all times while operating a vehicle subject to work time requirements, carry a letter providing contact details for the holder of the scheme and outlining the conditions of the scheme.

6.6(7)     The holder of the fatigue management scheme must:

• (a) ensure that the manual contains a current description of the scheme; and
• (b) ensure that any proposed amendments comply with the document control procedures specified in the manual; and
• (c) forward any amendments to the Director for approval as soon as practicable after the need for amendment has been identified; and
• (d) make any amendment to the manual that the Director considers necessary for the safe operation of the scheme and compliance with this section; and
• (e) amend the manual once the Director's approval for the proposed amendment has been received.

 

6.7     Conditions

6.7(1)     The term of the fatigue management scheme is subject to the following conditions:

• (a) the scheme remains in force up to a maximum of five years or until it expires (whichever is the earlier), or until it is suspended or revoked by the Director by written notice to the applicant;
• (b) if the associated transport service licence is suspended or revoked, the scheme is likewise suspended or revoked;
• (c) an application for renewal must be made not less than 60 days before the expiry date for the scheme.

6.7(2)     The Director may audit compliance with the scheme at any time during the term of the scheme.

 

Section 7     Training

7.1     Process

The provisions of clauses 93 to 103 of Land Transport (Driver Licensing) Rule 1999 apply, with necessary modifications, with regard to:

• (a) the approval of courses that address work time requirements, fatigue management or logbook use; and
• (b) the approval of course providers; and
• (c) conditions attached to those approvals.

 

7.2     Content

A work time and logbook course specifically designed to meet the requirements of section 79O(1)(a)(ii) of the Act must require a person who has completed the course to demonstrate the following skills and attributes:

• (a) an understanding of the legal requirements to limit work time;
• (b) the ability to maintain a logbook correctly;
• (c) an understanding of the risks associated with driving while fatigued;
• (d) an understanding of life-management skills designed to mitigate fatigue;
• (e) the ability to monitor driving performance, and take appropriate counter-measures when fatigue impairment is detected.

 

Section 8     Transition

8.1     Logbooks and exemptions

8.1(1)     For the avoidance of doubt, the following requirements apply from the date on which this Rule comes into force:

• (a) the limits to work time stated in the Act or in this Rule, and the requirements to take rest time;
• (b) the exemptions from logbook use specified in section 4;
• (c) the period for which logbook entries must be maintained (specified in 3.2);
• (d) when copies of completed logbooks must be handed to employers.

8.1(2)     Up to [the date six months after the Rule comes into force]:

• (a) instead of the logbook forms prescribed in Schedule 1, logbook forms that were designed for use under the Transport Act 1962 may be used to record work time undertaken during that period; and
• (b) exemptions from logbook use, whether provided to an individual driver or to the persons employed by a transport service operator, continue to have effect (with any necessary modifications).

8.1(3)     Up to [the date six months after the Rule comes into force], logbook forms may be completed either:

• (a) in the manner previously required under the Transport Act 1962; or
• (b) in accordance with the requirements in 5.3.

8.1(4)     On or after [six months after the date on which the Rule comes into force]:

• (a) all previous exemptions and other arrangements made under the Transport (Driving Hours Logbook Exemption) Notice 2003, or by an exemption authorised under the Transport Act 1962, cease to have effect; and
• (b) only the logbook form prescribed in Schedule 1 may be used to record work time.

Part 2     Definitions

Act

means the Land Transport Act 1998.

[Note: References in this Rule to provisions of the Act are to those provisions as amended by the Land Transport Amendment Bill, as that Bill was reported back to the House of Representatives in April 2005.]

Ambulance service

means a service that complies with the requirements in NZS 8156:2002 Ambulance Sector Standard.

Base of operations

means a site office established to manage a contract of works or a local depot, to which drivers report daily for assignment of tasks.

Combination vehicle

means a towing vehicle in combination with one or more trailers or other motor vehicle that is being towed.

Cumulative work day

means a period:

• (a) during which work occurs; and
• (b) that:
  • (i) does not exceed 24 hours; and
  • (ii) begins after a continuous period of rest time of at least 10 hours.

Cumulative work period

means a set of cumulative work days between continuous periods of rest time of at least 24 hours.

Director

means the Director of Land Transport appointed under section 186 of the Act.

Distance recorder

has the same meaning as it has in the Road User Charges Act 1977.

[Note: includes both odometers and hubodometers]

Emergency

means:

• (a) a state of emergency; or
• (b) an incident attended by an emergency service; or
• (c) an event requiring immediate action to save life or prevent serious injury.

Emergency service

means the New Zealand Police, New Zealand Fire Service or an ambulance service.

Fatigue management scheme

means a systematic process for monitoring and managing driver fatigue, that is undertaken by a transport service operator and approved by the
Director in accordance with section 30ZA(1)(c) of the Act.

Fire brigade

includes:

• (a) a volunteer fire brigade, a defence fire brigade, and an industrial fire brigade (as those terms are defined in section 2 of the Fire Service Act 1975); and
  • (b) an airport fire brigade; and
  • (c) a rural fire party; and
  • (d) the employed firefighters or other members of any fire brigade referred to in this definition.

Goods vehicle

means:

• (a) a goods service vehicle; and
• (b) a light motor vehicle used to carry goods for hire or reward.

Goods service vehicle

has the same meaning as it has in section 2(1) of the Act.

Large passenger service

vehicle has the same meaning as it has in section 2(1) of the Act.

Local authority

means a local authority within the meaning of the Local Government Act 2002.

Logbook

means a logbook that is in the form prescribed in Schedule 1; and includes any alternative means approved by the Director under 30ZG of the Act.

Natural day

means a period of 24 hours that begins on midnight on one day and ends on midnight on the following day.

Operate

in relation to a vehicle, means to drive or use the vehicle on a road, or cause or permit the vehicle to be on the road or to be driven on a road, whether or not the person is present with the vehicle.

Passenger service vehicle

has the same meaning as it has in section 2(1) of the Act.

Prescribed form

means a form prescribed by the Director by notice in the Gazette.

Priority call

an incident where life or property is, or is believed to be, at imminent risk and to which an emergency service responds, and includes:

• (a) a fire or a fire alarm; and
• (b) a transport accident; and
• (c) a priority 1 call, as defined in the operations manual of an ambulance service.

Record

includes:

• (a) an original logbook entry page; and
• (b) any carbon or other self-produced copy, whether in duplicate or triplicate, held in or removed from a logbook; and
• (c) an alternative system approved by the Director under 30ZG of the Act.

Recreational vehicle

does not include a vehicle that is used for hire or reward, or to perform a service on behalf of, or under the direction of, any commercial enterprise.

Rest break

means a period of rest time taken within a cumulative work day.

Rest time

means all time that:

• (a) is not work time; and
• (b) is at least 30 minutes in duration; and
• (c) is not spent in a moving vehicle associated with work.

School bus

means a bus that is used, whether or not for hire or reward:

• (a) for transporting (in addition to the driver) school children to or from school with or without their teachers; or
• (b) principally for transporting school children to or from a school function.

Taxi

has the same meaning as it has in section 2(1) of the Act.

Tow authority

means a form, approved under 9.9(2) of the Land Transport (Operator Licensing) Rule [date], that must be completed by the driver of a vehicle recovery service vehicle before towing a vehicle away.

Transport service

has the same meaning as it has in section 2(1) of the Act.

Transport service licence

has the same meaning as it has in section 2(1) of the Act.

Transport service operator

has the same meaning as it has in section 2(1) of the Act.

Urban bus

means a large passenger service vehicle used on a regular route in a city, metropolitan area or district to convey fare-paying passengers.

Usual business location

means the depot or other location where the vehicle is normally garaged when not being driven.

Variation

means any change to, or extension of, the work time limits set by the Act.

Vehicle recovery service vehicle

has the same meaning as it has in section 2(1) of the Act.

Work time

has the same meaning as it has in section 2(1) of the Act.

 

Part 3     Schedules

Schedule 1     Logbook design

1     Logbook form

Block A1 - REQUIRED, must be at top of page:

 

Block A2 - OPTIONAL:

 

Block A3 - REQUIRED, must follow block A1 (or A2 if included):

 

Block B - REQUIRED, must be at foot of page:

[Note. a driver is not required to record a break of 10 hours or more of continuous rest time, which divides cumulative work days.]

 

2     Layout

The layout of the logbook form is a combination of required items, which must appear in the format given, with some space available for additional information required by an employer or driver collective.

For example, a taxi company could have the "official" information on the left and spaces to record fares on the right of the logbook page.

Additional information can be placed in the following locations on the logbook page:

BLOCK A1 Driver and Vehicles	(optional additional information)
BLOCK A2 Vehicles Cont. (optional)
BLOCK A3 Work time hours and rest breaks
(optional additional information)
BLOCK B Comments, Signature

 

3     Format requirements

Page Size	Minimum A5, Maximum A4 with intermediate page sizes permissible; a page that is 150 mm x 250 mm, for example, would comply
Font Size	Minimum 8 pt (required); sans serif (plain) font (preferred)
Visual Division	Any additional information should be divided from the blocks specified by this Rule either by a ruled line, or shading of those portions of the page, or the use of a distinctive font.
Day per page	The form must be designed on the basis of one page for one natural day.
Duplicates	The form must be printed with 3 (self-carbonating) copies for each page: • an original page ("driver" copy) (white) • a duplicate page (employer or "record" copy) (pink) • a triplicate page ("enforce" copy) (yellow)

 

4     Identification details

Book Code	Code reproduced on every page of, and unique to, this logbook. Must follow the form AB-CDEF, where the first two letters designate the printer or other company producing the logbook, and CDEF are letters allocated by the printer to distinguish this logbook.
Page Code	Sequential number (01 to 99 or end page) reproduced on each copy of the page for a single day.
Copy Description	Designates DRIVER (original), RECORD (duplicate handed to employer or retained) and ENFORCE[ment] (triplicate) copies.
Approval Code	Code reproduced on every copy of the logbook, showing the approval number allocated by the Director. Must be in the form AB CD 000, where AB designates the printer or other company producing the logbook, CD are letters allocated by Land Transport New Zealand to identify the approval, and 000 are numbers to indicate the date (month and year) of the approval.

 

Schedule 2     Using the logbook form

Please note that all details must be clearly legible. Mandatory requirements for completing the form are specified in 5.3.

Where alternative forms are given, either is an acceptable way to complete that field.

NAME	Either Initials and family name	J. R. Ewing
	or First and family name	John Ewing
DATE	Either Day/ Month/ Year as numbers	6/11/04
	or Day/ Month/ Year in mixed format	6 Nov 04
DRIVEN VEHICLE	Private car should not be included, even where it is used for work-related duties
REG	Registration plate number	AHE 364
TYPE	Simple description of the class of vehicle: could include taxi, bus, shuttle, tanker	Bus
DISTANCE REC. [RECORDER]	Hubodometer if the vehicle is fitted with one otherwise use odometer reading
WORK TIME HOURS	Times can be either a.m./ p.m. or 24-hour clock	9:17 a.m. 0917
START	Either when paid employment begins or when driving a vehicle subject to work time requirements commences – whichever is earliest
FINISH	Either when paid employment ends or when driving a vehicle subject to work time requirements finishes – whichever is latest
REST BREAKS	Times and locations must be entered for each break
LOCATION	Suburb must be included if the location forms part of a designated city (schedule 2 of the Local Government Act 2002)	Maori Hill Dunedin
	otherwise only the town/city column need be completed	Marton
COMMENTS	Comments can include: • days off or on leave (6.5) • notes on significant delays (6.6)
SIGNED

 

Schedule 3     Reference to relevant offences and penalties

1     Summary offences: work time and (other) records

Section	Offence	Offender	Penalties
79O(1)(a)	Exceed work time requirements; less than 60 minutes (day)	Driver	Fine up to $2000 Or directed course MAY incur licence disqualification
79O(1)(b)	Exceed work time requirements; 60 minutes or more (day)	Driver	Fine up to $2000 MUST incur licence disqualification
79O(1)(c)	Exceed work time requirements 120 minutes or more (more than 70 hours)		Fine up to $2000 MUST incur licence disqualification
79T	Directs, causes or permits a breach of work time requirements	Other person	Fine up to $25,000
79N	Fails to keep records or fails to produce records	Employer	Fine up to $100,000
		Driver	Fine up to $2000
79N	Failure to comply with conditions of exemption	Driver	Fine up to $2000 MAY be disqualified
		Other person	Fine up to $100,000

 

2     Summary offences: logbooks

Section	Offence	Offender	Penalties
79Q; 79R(2)	Fails to produce a logbook or a duplicate on demand	Any person	Driver Fine up to $2000 Possible disqualification Other person Fine up to $25,000
79R(3)	Fails to keep logbook records	Any person
79R(1)	Keeps more than 1 logbook	Any person
79R(1)	Makes a false statement or allows an omission in a logbook	Any person
79R(2)	Produces a logbook that is false in any detail	Driver
79R(2)	Produces a logbook that omits a material fact	Driver
79Q	Fails to produce a logbook on demand	Employer/other
79T	Allows logbook not to be kept	Employer/other
79R(3)	Logbook is false in any detail	Employer/other
79R(3)	Logbook omits material fact	Employer/other

 

3     Infringement offences

Offence	Fee	Driver demerits
1-5 logbook omissions, errors or incorrect statements	$150	15 demerit points
6-10 omissions	$300	30 demerit points
11 or more omissions	$500	50 demerit points
Failure to produce a logbook-	$500	50 demerit points