sec.228Duty of driver to avoid driving while fatigued

### sec.228 Duty of driver to avoid driving while fatigued A person must not drive a fatigue-regulated heavy vehicle on a road while the person is impaired by fatigue. Maximum penalty—$6000. 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— the same conduct; or the same kind of conduct occurring during the same journey; the court must discharge the proceedings against the driver. 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— the same conduct; or 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. In this section— 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. sch s 228 amd 2025 No. 26 s 49 (uncommenced amendment) (sec.228-ssec.1) A person must not drive a fatigue-regulated heavy vehicle on a road while the person is impaired by fatigue. Maximum penalty—$6000. (sec.228-ssec.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— the same conduct; or the same kind of conduct occurring during the same journey; the court must discharge the proceedings against the driver. (sec.228-ssec.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— the same conduct; or 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. (sec.228-ssec.4) In this section— 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. - (a) the same conduct; or - (b) the same kind of conduct occurring during the same journey; - (a) the same conduct; or - (b) the same kind of conduct occurring during the same journey;