Queensland Numbered Acts

HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 239

(1) This section applies if a loading manager for goods in a fatigue-regulated heavy vehicle, or a person acting under the loading manager's supervision or control—

(a) has advised the vehicle's driver, either directly or indirectly, of when the loading of goods onto or unloading of goods from the vehicle is to start, and the loading manager or person becomes aware the loading or unloading will, or is likely to, start more than 30 minutes late; or

(b) has advised the vehicle's driver, either directly or indirectly, of when the loading of goods onto or unloading of goods from the vehicle is to finish, and the loading manager or person becomes aware the loading or unloading will, or is likely to, finish more than 30 minutes late; or

(c) is unable to advise the vehicle's driver of when the loading of goods onto or unloading of goods from the vehicle is to start; or

(d) is unable to advise the vehicle's driver of when the loading of goods onto or unloading of goods from the vehicle is to finish.

(2) The loading manager must take all reasonable steps to ensure the driver is able to rest while waiting for the goods to be loaded onto or unloaded from the fatigue-regulated heavy vehicle.

Example of reasonable steps that may be taken to ensure the driver of a fatigue-regulated heavy vehicle is able to rest—

providing a system of notifying the driver when goods can be loaded onto or unloaded from the driver's vehicle that does not require the driver to be awake or unreasonably alert

Maximum penalty—$6000.

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