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The National Driver Work Diary

We’ve all experienced that nasty feeling when we realise that we have lost something of importance. Fortunately dealing with a lost work diary is a relatively simple process.

There are a number of steps that you must follow as soon as you realise that you have lost your work diary. I’ve listed them below:

  • Notify the road transport authority in your state or territory. Alternatively, you can notify the Heavy-Duty Regulator that you have lost your work diary. You have two working days to do so.
  • You will need Supplementary Work Diary pages to continue recording your time. You can download these pages from the webpages of the National Heavy Vehicle Regulator. to comply with the law, you must continue to record your time on these pages until you have a new work diary. When you receive your new work diary you must immediately stop using the Supplementary pages and start using the new work diary.
  • By law, you may use the Supplementary Work Diary pages for no more than seven days. You must, therefore, apply for a new work diary as soon as you realise that you have mislaid your work diary.
  • To comply with obligations relating to record keeping, you must have in your vehicle copies of the Supplementary Work Pages for the next 28 days. You must also hand a copy to your record keeper within 21 days.

What happens if you find your mislaid work diary?

More people get into trouble for failing to comply with regulations when they find their missing work diary than for not following the correct procedures when they lose it. There is a set procedure for the actions that you must take should you find your mislaid work diary. I’ve set them out below;

If you find your work diary

  • You must continue to use the new work diary. Do not revert to the old one.
  • Cancel all of the daily sheets that you have not yet used
  • You must give the old work diary back to the National Heavy Vehicle Regulator. You have a limited amount of time in which to return the old work diary. The length of the time limit is dependent on when you found it.

If you find your old work diary within the 28-day period, you must immediately inform the Regulator that you have found it. You must, however, keep it until the end of the 28-day period after which you have just two days to return it.

If you find your work diary after the 28 days are up, you must return it to the Regulator as soon as possible.

If you are in contravention of any of these laws you will receive a heavy fine. The National Heavy Vehicle Regulator or a lawyer can assist you with any queries that you may have when it comes to dealing with the regulations under the Heavy Vehicle National Law. Understanding your obligations can keep you out of trouble in the long run.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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