sec.264Duty of employer, prime contractor, operator and scheduler to ensure driver compliance

### sec.264 Duty of employer, prime contractor, operator and scheduler to ensure driver compliance This section applies if the driver of a fatigue-regulated heavy vehicle changes from 1 work and rest hours option to a different work and rest hours option. A relevant party for the driver must ensure, so far as is reasonably practicable, the driver— does not drive a fatigue-regulated heavy vehicle after making the change unless the driver has complied with section 263 ; and can comply with his or her obligations in relation to the change. Maximum penalty—$6000. In this section— relevant party , for the driver of a fatigue-regulated heavy vehicle, means— an employer of the driver if the driver is an employed driver; or a prime contractor of the driver if the driver is a self-employed driver; or an operator of the vehicle if the driver is making a journey for the operator; or a scheduler for the vehicle. sch s 264 amd 2016 No. 65 s 49 amd 2025 No. 26 s 59 (uncommenced amendment) (sec.264-ssec.1) This section applies if the driver of a fatigue-regulated heavy vehicle changes from 1 work and rest hours option to a different work and rest hours option. (sec.264-ssec.2) A relevant party for the driver must ensure, so far as is reasonably practicable, the driver— does not drive a fatigue-regulated heavy vehicle after making the change unless the driver has complied with section 263 ; and can comply with his or her obligations in relation to the change. Maximum penalty—$6000. (sec.264-ssec.5) In this section— relevant party , for the driver of a fatigue-regulated heavy vehicle, means— an employer of the driver if the driver is an employed driver; or a prime contractor of the driver if the driver is a self-employed driver; or an operator of the vehicle if the driver is making a journey for the operator; or a scheduler for the vehicle. - (a) does not drive a fatigue-regulated heavy vehicle after making the change unless the driver has complied with section 263 ; and - (b) can comply with his or her obligations in relation to the change. - (a) an employer of the driver if the driver is an employed driver; or - (b) a prime contractor of the driver if the driver is a self-employed driver; or - (c) an operator of the vehicle if the driver is making a journey for the operator; or - (d) a scheduler for the vehicle.