Queensland Numbered Acts

HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 251

(1) The driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement commits an offence if, in any period stated in the standard hours for the driver, the driver—

(a) works for more than the maximum work time stated in the standard hours for the period; or

(b) rests for less than the minimum rest time stated in the standard hours for the period.

Maximum penalty—

(a) for a minor risk breach—$4000; or

(b) for a substantial risk breach—$6000; or

(c) for a severe risk breach—$10000; or

(d) for a critical risk breach—$15000.

(2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence.

(3) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence.

Note—

See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence.