New South Wales Consolidated Acts

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HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 228

Duty of driver to avoid driving while fatigued

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.



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