252Defence relating to short rest breaks for drivers operating

252 Defence relating to short rest breaks for drivers operating under standard hours (1) This section applies if, at a particular time, the driver of a fatigue- regulated heavy vehicle is required, under section 250 or 251, to have a short rest break. Examples of when this section applies— The driver is required to have 15 continuous minutes rest time because— (a) the driver has worked for 51/4 hours; or (b) the driver has worked for 71/2 hours and has only had 15 continuous minutes rest time during that period; or (c) the driver has worked for 10 hours and has only had 3 lots of 15 continuous minutes rest time during that period. (2) In a proceeding for an offence against section 250 or 251 relating to the driver failing to have the short rest break, it is a defence for the driver to prove that— (a) at the time the driver was required to have the short rest break, there was no suitable rest place for fatigue-regulated heavy (b) the driver had the short rest break— (i) at the next suitable rest place for fatigue-regulated heavy vehicles 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 have the short rest break. Example of when the defence applies— The driver of a fatigue-regulated heavy vehicle fails to have a short rest break after 51/4 hours of work time because there was no suitable rest place for fatigue- regulated heavy vehicles when the driver was scheduled to have the short rest break. Instead, the driver has a short rest break after 51/2 hours work at a suitable rest place for fatigue-regulated heavy vehicles down the road.

short rest break means rest time of less than 1 hour.