Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if an authorised officer reasonably believes the driver of a fatigue-regulated heavy vehicle is impaired by fatigue.
(2) The authorised officer may, by notice—
(a) require the driver to immediately stop work and not work again for a stated period; and
(b) if the officer has observed the driver driving in a way the officer considers on reasonable grounds to be dangerous, require the driver to also immediately stop being in control of the fatigue-regulated heavy vehicle.
(3) A stated period under subsection (2)(a) must be a reasonable period having regard to the matters prescribed for the purposes of this section by the national regulations.
(4) If the authorised officer imposes a requirement under subsection (2)(a), 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.
(5) If the authorised officer imposes a requirement under subsection (2)(b), the authorised officer may authorise a person to move the fatigue-regulated heavy vehicle to a suitable rest place for fatigue-regulated heavy vehicles but only if the person is qualified and fit to drive the vehicle.
(6) The national regulations may prescribe the matters to which the authorised officer, or a court, must or may have regard when deciding whether or not a person was impaired by fatigue for the purposes of this section.