538Requiring driver to rest for contravention of maximum work requirement

538 Requiring driver to rest for contravention of maximum work requirement

538 Requiring driver to rest for contravention of maximum work requirement

(1) This section applies if an authorised officer reasonably believes the driver of a fatigue-regulated heavy vehicle has contravened a maximum work requirement by working for a period in excess of the maximum work time allowed under the requirement.

(2) If the authorised officer reasonably believes the contravention is a critical risk breach or severe risk breach, the authorised officer must, by notice, require the driver—

(a) to immediately rest for a stated period in accordance with a minimum rest requirement applying to the driver; and

(b) to work for a stated shorter period when the driver next works to compensate for the excess period worked.

(3) If the authorised officer reasonably believes the contravention is a substantial risk breach or minor risk breach, the authorised officer may, by notice, require the driver—

(a) to immediately rest for a stated period in accordance with a minimum rest requirement applying to the driver; and

(b) to work for a stated shorter period when the driver next works to compensate for the excess period worked.

(4) If the authorised officer imposes a requirement under subsection (2) or (3), the authorised officer must record details of the requirement in the driver’s work diary.

Note—

Section 541 deals with the situation where the driver does not produce the work diary or produces something as a work diary that the authorised officer reasonably believes to be unacceptable.