228Duty of driver to avoid driving while fatigued

228 Duty of driver to avoid driving while fatigued (1) A person must not drive a fatigue-regulated heavy vehicle on a road while the person is impaired by fatigue. (2) If, in relation to conduct at a particular time in relation to which a driver has been charged with an offence under subsection (1), the driver has been convicted of a prescribed driver offence under another law in relation to— (a) the same conduct; or (b) the same kind of conduct occurring during the same journey; the court must discharge the proceedings against the driver. (3) If, in relation to conduct at a particular time in relation to which a driver has been charged with an offence under subsection (1), the driver has been convicted of the offence and is also charged with a prescribed driver offence under another law (the other offence) in relation to— (a) the same conduct; or (b) the same kind of conduct occurring during the same journey; the court dealing with the other offence must discharge the proceedings against the driver for the other offence.

Duties relating to fatigue Part 6.2 Duty to avoid fatigue Division 2 prescribed driver offence under another law means an offence under another law of any jurisdiction prescribed for this definition by the national regulations or a law of that jurisdiction.

Part 6.3 Requirements relating to work time and rest time