Australian Capital Territory Current Acts

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HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 264

Duty of employer, prime contractor, operator and scheduler to ensure driver compliance

    (1)     This section applies if the driver of a fatigue-regulated heavy vehicle changes from 1 work and rest hours option to a different work and rest hours option.

    (2)     A relevant party for the driver must ensure, so far as is reasonably practicable, the driver—

        (a)     does not drive a fatigue-regulated heavy vehicle after making the change unless the driver has complied with section 263; and

        (b)     can comply with his or her obligations in relation to the change.

Maximum penalty—$6000.

    (5)     In this section—

"relevant party", for the driver of a fatigue-regulated heavy vehicle, means—

        (a)     an employer of the driver if the driver is an employed driver; or

        (b)     a prime contractor of the driver if the driver is a self-employed driver; or

        (c)     an operator of the vehicle if the driver is making a journey for the operator; or

        (d)     a scheduler for the vehicle.


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