Australian Capital Territory Current Acts

HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 538

    (1)     This section applies if an authorised officer reasonably believes the driver of a fatigue-regulated heavy vehicle has contravened a maximum work requirement by working for a period in excess of the maximum work time allowed under the requirement.

    (2)     If the authorised officer reasonably believes the contravention is a critical risk breach or severe risk breach, the authorised officer must, by notice, require the driver—

        (a)     to immediately rest for a stated period in accordance with a minimum rest requirement applying to the driver; and

        (b)     to work for a stated shorter period when the driver next works to compensate for the excess period worked.

    (3)     If the authorised officer reasonably believes the contravention is a substantial risk breach or minor risk breach, the authorised officer may, by notice, require the driver—

        (a)     to immediately rest for a stated period in accordance with a minimum rest requirement applying to the driver; and

        (b)     to work for a stated shorter period when the driver next works to compensate for the excess period worked.

    (4)     If the authorised officer imposes a requirement under subsection (2) or (3), the authorised officer must record details of the requirement in the driver's work diary.

Note —

Section 541 deals with the situation where the driver does not produce the work diary or produces something as a work diary that the authorised officer reasonably believes to be unacceptable.