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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--FATIGUE MANAGEMENT) REGULATION 2008 No. 296 - SECT 194

194 Transferring to new work and rest hours arrangements on commencement

(1) This section applies to the driver of a fatigue regulated heavy vehicle who on the commencement (changeover day) stops operating under an arrangement (existing arrangement) mentioned in column 1 of the following table and starts operating under an arrangement (new arrangement) mentioned in column 2 of the table opposite the existing arrangement--

column 1 column 2
existing arrangement new arrangement
maximum driving times, maximum work times and minimum rest times under the repealed regulation, part 2 exemption under section 191
maximum work times, maximum driving times and minimum rest times under the repealed regulation, part 2 a work and rest hours option mentioned in section 37
TFMS under the repealed regulation BFM hours under section 192
TFMS under the repealed regulation a work and rest hours option mentioned in section 37

(2) The driver must continue to operate under the existing arrangement until the end of the first period of rest taken, as required under the existing arrangement, by the driver on the changeover day (the relevant rest period).

(3) From the end of the relevant rest period, the driver must start operating under the new arrangement.

(4) For the changeover day, the driver is taken to have complied with the new arrangements for the day only if the driver has complied with--

(a) the existing arrangement until the end of the relevant rest period; and
(b) the new arrangement from the end of the relevant rest period; and
(c) the existing arrangement for any 24 hour period that includes any part of the changeover day.

(5) In this section--

arrangement means arrangement to the extent it relates to the maximum periods of work and minimum periods of rest that apply to the driver of a fatigue regulated heavy vehicle operating under the arrangement.



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