26JExemptions for hire vehicles and buses [NSW]

26J Exemptions for hire vehicles and buses [NSW]

26J Exemptions for hire vehicles and buses [NSW]

(1) A person is exempt from sections 26C and 26E (1) (a) and (2) (a) in relation to the driving of a heavy vehicle that is a hire vehicle or a bus, but only in so far as the offending relates to speed or fatigue.

(2) However, a person is not exempted by subsection (1) in so far as the duty relates to—

(a) an employer or prime contractor ensuring (so far as is reasonably practicable) that the employer’s or contractor’s business practices will not cause the driver of a vehicle to exceed a speed limit applying to the driver; or

(b) an employer or prime contractor being reasonably satisfied that each scheduler for the vehicle has complied with its duty under section 26C to ensure that a schedule will not cause a driver to—

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

(ii) breach the work rest times applying to the driver; or

(c) any party in the chain of responsibility preventing a driver from driving when fatigued.

(3) Subsection (1) does not apply to the driving of a bus for the purpose of providing a public passenger service.

Note—

Persons carrying on public passenger services by means of a bus are required to be accredited under the Passenger Transport Act 1990 of New South Wales.

Note—

This section is inserted for New South Wales.

s 26J: Ins 2018 (354), Sch 1 [2].