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

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

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

(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.

(2) A relevant party for the driver must ensure, so far as is reasonably practicable, the driver—

(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.

Maximum penalty—$6000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(3), (4) (Repealed)

(5) In this section—

relevant party, for the driver of a fatigue-regulated heavy vehicle, means—

(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.

s 264: Am 2016 No 65, sec 49.