HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 232 232 Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with

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HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 232

232 Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with

(1) This section applies to—

(a) a prime contractor of a self-employed driver (the driver) of a fatigue-regulated heavy vehicle; and

(b) an operator of a fatigue-regulated heavy vehicle being driven by someone else (also the driver).

(2) The prime contractor or operator must not cause the driver to drive the fatigue-regulated heavy vehicle, or enter into a contract or other agreement with the driver to that effect, unless—

(a) the prime contractor or operator has complied with section 230; and

(b) the prime contractor or operator, after making reasonable inquiries, is satisfied each scheduler for the vehicle has complied with Division 4.

Maximum penalty—$4000.

(3) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence.

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