390Amendment or cancellation of fatigue record keeping exemption (permit) on Regulator’s initiative

390 Amendment or cancellation of fatigue record keeping exemption (permit) on Regulator’s initiative

390 Amendment or cancellation of fatigue record keeping exemption (permit) on Regulator’s initiative

(1) Each of the following is a ground for amending or cancelling a fatigue record keeping exemption (permit)—

(a) the exemption was granted because of a document or representation that was—

(i) false or misleading; or

(ii) obtained or made in an improper way;

(b) the holder of the permit for the exemption has contravened this Law or a corresponding fatigue law;

(c) a driver of a fatigue-regulated heavy vehicle to whom the exemption applies has contravened this Law or a corresponding fatigue law;

(d) since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.

(2) If the Regulator considers a ground exists to amend or cancel a fatigue record keeping exemption (permit) (the proposed action), the Regulator must give the holder of the permit for the exemption a notice—

(a) stating the proposed action; and

(b) stating the ground for the proposed action; and

(c) outlining the facts and circumstances forming the basis for the ground; and

(d) if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and

(e) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.

(3) If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may—

(a) if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or