26EProhibited requests and contracts

26E Prohibited requests and contracts

26E Prohibited requests and contracts

(1) A person must not ask, direct or require (directly or indirectly) the driver of a heavy vehicle or a party in the chain of responsibility to do or not do something the person knows, or ought reasonably to know, would have the effect of causing the driver—

(a) to exceed a speed limit applying to the driver; or

(b) to drive a fatigue-regulated heavy vehicle while impaired by fatigue; or

(c) to drive a fatigue-regulated heavy vehicle while in breach of the driver’s work and rest hours option; or

(d) to drive a fatigue-regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option.

Maximum penalty—$10000.

(2) A person must not enter into a contract with the driver of a heavy vehicle or a party in the chain of responsibility that the person knows, or ought reasonably to know, would have the effect of causing the driver, or would encourage the driver, or would encourage a party in the chain of responsibility to cause the driver—

(a) to exceed a speed limit applying to the driver; or

(b) to drive a fatigue-regulated heavy vehicle while impaired by fatigue; or

(c) to drive a fatigue-regulated heavy vehicle while in breach of the driver’s work and rest hours option; or

(d) to drive a fatigue-regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option.

Maximum penalty—$10000.

Note—

See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.

s 26E: Ins 2016 No 65, sec 10.

pt 1A.3 (ss 26F–26H): Ins 2016 No 65, sec 10.