Queensland Numbered Acts Queensland Numbered Acts(1) This section applies if a work and rest hours exemption (notice) is subject to the condition that the driver of a fatigue-regulated heavy vehicle who is operating under the exemption must keep a relevant document in the driver's possession.
(2) A driver of the fatigue-regulated heavy vehicle who is operating under the work and rest hours exemption (notice) must comply with the condition.
Maximum penalty—$3000.
(3) If an offence is committed against subsection (2) involving the driver of a fatigue-regulated heavy vehicle, each relevant party for the driver is taken to have committed an offence against this subsection.
Maximum penalty—$3000.
(4) A person charged with an offence against subsection (3) does not have the benefit of the mistake of fact defence for the offence.
(5) However, in a proceeding for an offence against subsection (3), 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.
(6) In a proceeding for an offence against subsection (3)—
(a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the offence against subsection (2); and
(b) evidence a court has convicted the driver of the offence against subsection (2) is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and
(c) evidence of details stated in an infringement notice issued for the offence against subsection (2) is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice.
(7) In this section—
relevant document, for a work and rest hours exemption (notice), means a copy of—
(a) the Commonwealth Gazette notice for the exemption; or
(b) an information sheet about the exemption published by the Regulator on the Regulator's website.
relevant party, for the driver of a fatigue-regulated heavy vehicle, means—
(a) an employer of the driver if the driver is an employed driver; or
(b) a prime contractor of the driver if the driver is a self-employed driver; or
(c) an operator of the vehicle if the driver is making a journey for the operator.