538Requiring driver to rest for contravention of maximum

538 Requiring driver to rest for contravention of maximum work requirement driver of a fatigue-regulated heavy vehicle has contravened a maximum work requirement by working for a period in excess of the maximum work time allowed under the requirement. (2) If the authorised officer reasonably believes the contravention is a critical risk breach or severe risk breach, the authorised officer must, by notice, require the driver— (a) to immediately rest for a stated period in accordance with a minimum rest requirement applying to the driver; and (b) to work for a stated shorter period when the driver next works to compensate for the excess period worked. (3) If the authorised officer reasonably believes the contravention is a substantial risk breach or minor risk breach, the authorised officer may, by notice, require the driver— (a) to immediately rest for a stated period in accordance with a minimum rest requirement applying to the driver; and (b) to work for a stated shorter period when the driver next works to compensate for the excess period worked.

(4) If the authorised officer imposes a requirement under subsection (2) or (3), the authorised officer must record details of the requirement in the driver’s work diary.