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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--FATIGUE MANAGEMENT) REGULATION 2008 No. 296 - SECT 36

36 Particular contracts etc. prohibited

(1) A person must not enter into a contract or agreement with the driver of a fatigue regulated heavy vehicle or with a party in the chain of responsibility for a fatigue regulated heavy vehicle that the person knows, or reasonably ought to know, would have the effect of causing the driver of the vehicle to--

(a) drive while impaired by fatigue; or
(b) drive while in breach of the driver's work and rest hours option; or
(c) drive in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver's work and rest hours option.
Note--
See also section 168D of the Act for other prohibited contracts or agreements.

Maximum penalty--80 penalty units.

(2) A person must not enter into a contract or agreement with the driver of a fatigue regulated heavy vehicle or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would encourage or provide an incentive for a party in the chain of responsibility to cause the driver to--

(a) drive while impaired by fatigue; or
(b) drive while in breach of the driver's work and rest hours option; or
(c) drive in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver's work and rest hours option.
Note--
See also section 168D of the Act for other prohibited contracts or agreements.

Maximum penalty--80 penalty units.



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