Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if, at a particular time, the driver of a fatigue-regulated heavy vehicle is required, under section 250 or 251, to have a short rest break.
Examples of when this section applies—
The driver is required to have 15 continuous minutes rest time because—
(a) the driver has worked for 5 1 / 4 hours; or
(b) the driver has worked for 7 1 / 2 hours and has only had 15 continuous minutes rest time during that period; or
(c) the driver has worked for 10 hours and has only had 3 lots of 15 continuous minutes rest time during that period.
(2) In a proceeding for an offence against section 250 or 251 relating to the driver failing to have the short rest break, it is a defence for the driver to prove that—
(a) at the time the driver was required to have the short rest break, there was no suitable rest place for fatigue-regulated heavy vehicles; and
(b) the driver had the short rest break—
(i) at the next suitable rest place for fatigue-regulated heavy vehicles available after that time on the forward route of the driver's journey; and
(ii) no later than 45 minutes after the time the driver was required to have the short rest break.
Example of when the defence applies—
The driver of a fatigue-regulated heavy vehicle fails to have a short rest break after 5 1 / 4 hours of work time because there was no suitable rest place for fatigue-regulated heavy vehicles when the driver was scheduled to have the short rest break. Instead, the driver has a short rest break after 5 1 / 2 hours work at a suitable rest place for fatigue-regulated heavy vehicles down the road.
(3) In this section—
"short rest break" means rest time of less than 1 hour.