267Restriction on grant of work and rest hours exemption (notice)

267 Restriction on grant of work and rest hours exemption (notice)

267 Restriction on grant of work and rest hours exemption (notice)

(1) The Regulator may grant a work and rest hours exemption (notice) only if the Regulator is satisfied—

(a) requiring the class of drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by—

(i) the class of drivers; or

(ii) relevant parties for the class of drivers; and

(b) if the maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—the requirements applying to BFM accreditation or AFM accreditation under this Law would, having regard to the nature of the operations, be unreasonable for the operations conducted by—

(i) the class of drivers; or

(ii) relevant parties for the class of drivers; and

(c) the driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and

(d) the class of drivers to whom the exemption is to apply is likely to follow the practices consistently and effectively.

(2) In deciding whether or not to grant a work and rest hours exemption (notice), the Regulator must have regard to the approved guidelines for granting work and rest hours exemptions.

(3) In this section—

relevant parties, for a class of drivers of fatigue-regulated heavy vehicles, means—

(a) employers of the class of drivers if they are employed drivers; or

(b) prime contractors for the class of drivers if they are self-employed drivers; or

(c) operators of fatigue-regulated heavy vehicles if the drivers of the class are to make journeys for the operators using the vehicles.