252Defence relating to short rest breaks for drivers operating under standard hours

252 Defence relating to short rest breaks for drivers operating under standard hours

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 5¼ hours; or

(b) the driver has worked for 7½ 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 vehicles; and

(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 5¼ 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 5½ hours work at a suitable rest place for fatigue-regulated heavy vehicles down the road.

(3) In this section—

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