Queensland Numbered Acts

HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 260

(1) The driver of a fatigue-regulated heavy vehicle operating under a work and rest hours exemption commits an offence if, in any period stated in the exemption hours for the exemption, the driver—

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

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

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.