QLDIn ForceAct
Heavy Vehicle National Law Act 2012
sec.245Counting time spent outside participating jurisdictions
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### sec.245 Counting time spent outside participating jurisdictions
This section applies to the driver of a fatigue-regulated heavy vehicle if the driver drives a fatigue-regulated heavy vehicle into a participating jurisdiction from a non-participating jurisdiction.
If, within the last 7 days, the driver has spent any work time in a participating jurisdiction, any time spent by the driver in the non-participating jurisdiction must be treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.
If, within the last 7 days, the driver spent work time only in non-participating jurisdictions—
any time spent by the driver in the non-participating jurisdiction before the start of the driver’s last major rest break before entering a participating jurisdiction must be disregarded; and
any time spent by the driver in the non-participating jurisdiction after the start of the last major rest break mentioned in paragraph (a) must be—
taken into account; and
treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.
(sec.245-ssec.1) This section applies to the driver of a fatigue-regulated heavy vehicle if the driver drives a fatigue-regulated heavy vehicle into a participating jurisdiction from a non-participating jurisdiction.
(sec.245-ssec.2) If, within the last 7 days, the driver has spent any work time in a participating jurisdiction, any time spent by the driver in the non-participating jurisdiction must be treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.
(sec.245-ssec.3) If, within the last 7 days, the driver spent work time only in non-participating jurisdictions— any time spent by the driver in the non-participating jurisdiction before the start of the driver’s last major rest break before entering a participating jurisdiction must be disregarded; and any time spent by the driver in the non-participating jurisdiction after the start of the last major rest break mentioned in paragraph (a) must be— taken into account; and treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.
- (a) any time spent by the driver in the non-participating jurisdiction before the start of the driver’s last major rest break before entering a participating jurisdiction must be disregarded; and
- (b) any time spent by the driver in the non-participating jurisdiction after the start of the last major rest break mentioned in paragraph (a) must be— (i) taken into account; and (ii) treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.
- (i) taken into account; and
- (ii) treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.
- (i) taken into account; and
- (ii) treated in the same way as it would have been treated if the time had been spent in a participating jurisdiction.