(1) This section applies if, at a particular time, the driver of a fatigue regulated heavy vehicle is required, under section 48, 49 or 50, to take a short rest break.
Examples of when this section applies--
The driver is required to take 15 continuous minutes rest time because--
(a) the driver has worked for 5 hours; or
(b) the driver has worked for 7 hours and has only taken 15 continuous minutes rest time during that period; or
(c) the driver has worked for 10 hours and has only taken 3 lots of 15 continuous minutes rest time during that period.
(2) For proceedings for an offence against section 48, 49 or 50 relating to the driver failing to take the short rest break, it is a defence for the driver to prove that--
(a) at the time the driver was required to take the short rest break, there was no suitable rest place; and
(b) the driver took the short rest break--
(i) at the next suitable rest place available after that time on the forward route of the driver's journey; and
(ii) no later than 45 minutes after the time the driver was required to take the short rest break.
Example of when the defence applies--
The driver of a fatigue regulated heavy vehicle fails to take a short rest break after 5 hours of work time because there was no suitable rest place when the driver was scheduled to take the short rest break. Instead, the driver takes a short rest break after 5 hours work at another place down the road.
(3) In this section--
short rest break means rest time of less than 1 hour.