(1) Schedule 1, table 1 sets out the standard hours for the solo driver of a fatigue regulated heavy vehicle.
(2) In any period stated in column 1, the solo driver--
(a) must not work for more than the work time stated in column 2; and
(b) must have the rest of the period off work, with at least the rest time stated in column 3.
Example--
If the solo driver of a fatigue regulated heavy vehicle starts work at midday on Monday, after a 2 day break, the minimum rest times the driver might have to comply with under standard hours for the solo driver of a fatigue regulated heavy vehicle are as follows--
15 continuous minutes rest time before 5.30p.m.
another 15 continuous minutes rest time before 8p.m. (making a total of 30 minutes rest time since midday)
another continuous 30 minutes rest time before 11p.m. (making a total of 60 minutes rest time since midday)
another 7 continuous hours rest time before midday on Tuesday.
The driver could do the same hours through to Saturday, but would have to take a break from midday Sunday until midday Monday, that is 24 continuous hours stationary rest time.
The driver could continue the same pattern for a second week, through until the second Saturday, if the driver has had a night's rest time (that is 7 continuous hours rest time between 10p.m. and 8a.m.) on 4 nights, including 2 consecutive nights, during the fortnight ending on midday on the second Sunday.
This example assumes that the driver has remained in the same time zone during the entire period described.
Maximum penalty--
(a) for a minor risk breach--20 penalty units; or
(b) for a substantial risk breach--40 penalty units; or
(c) for a severe risk breach--60 penalty units; or
(d) for a critical risk breach--80 penalty units.
(3) A contravention of subsection (2) for any period stated in column 1 is a breach of the risk category stated in column 4 for the circumstances of the contravention.
(4) In this section, a reference to a column by number is a reference to the column of that number in schedule 1, table 1.
(5) In a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence.
Note--
See part 1, division 3 for the reasonable steps defence.