Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This section applies to the scheduler of a heavy vehicle, or of a driver of a heavy vehicle.
(2) The scheduler must take all reasonable steps to ensure that a driver's schedule for driving the vehicle will not cause the driver to exceed any speed limit that applies to the vehicle.
Court imposed penalty: $5 000 for a first offence;
$10 000 for a second or subsequent offence.
Examples of some reasonable steps that can be taken
* consulting drivers about their schedules and work requirements
* taking account of the average speed that can be lawfully traveled on scheduled routes
* allowing for traffic conditions or other delays in schedules
* contingency planning in relation to schedules.
Note Section 30 sets out some of the factors a court may consider in determining whether a person has taken all reasonable steps. Section 29 sets out one method by which a scheduler can take all reasonable steps for the purposes of this subsection.
(3) The scheduler must not cause the driver to drive the vehicle unless -
(a) the scheduler has complied with subsection (2); and
(b) the driver's schedule for driving the vehicle allows -
(i) for compliance with all speed limits applying to the vehicle; and
(ii) for the driver to take all required rest breaks (in accordance with all laws regulating the work and rest hours of the driver); and
(iii) for traffic conditions and other delays that could reasonably be expected.
Examples of traffic conditions and other delays that could reasonably be expected
* the actual average speed able to be travelled lawfully and safely by the driver on the route in question
* known traffic conditions such as road works or traffic congestion on the route in question
* del ays caused by loading, unloading or queuing.
Court imposed penalty: $2 000 for a first offence;
$5 000 for a second or subsequent offence.
Infringement notice penalty: $600.
(4) An offence against subsection (2) or (3) is an offence of absolute liability.