New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 228

228 Duty of driver to avoid driving while fatigued

(1) A person must not drive a fatigue-regulated heavy vehicle on a road while the person is impaired by fatigue.

: Maximum penalty--$6000.

Editorial note--: See also section 737 (Increase of penalty amounts).

(2) If, in relation to conduct at a particular time in relation to which a driver has been charged with an offence under subsection (1), the driver has been convicted of a prescribed driver offence under another law in relation to--

(a) the same conduct; or

(b) the same kind of conduct occurring during the same journey;

the court must discharge the proceedings against the driver.

(3) If, in relation to conduct at a particular time in relation to which a driver has been charged with an offence under subsection (1), the driver has been convicted of the offence and is also charged with a prescribed driver offence under another law (the
"other offence" ) in relation to--

(a) the same conduct; or

(b) the same kind of conduct occurring during the same journey;

the court dealing with the other offence must discharge the proceedings against the driver for the other offence.

(4) In this section--

"prescribed driver offence under another law" means an offence under another law of any jurisdiction prescribed for this definition by the national regulations or a law of that jurisdiction.