540Requiring driver to stop working if impaired by fatigue

540 Requiring driver to stop working if impaired by fatigue

540 Requiring driver to stop working if impaired by fatigue

(1) This section applies if an authorised officer reasonably believes the driver of a fatigue-regulated heavy vehicle is impaired by fatigue.

(2) The authorised officer may, by notice—

(a) require the driver to immediately stop work and not work again for a stated period; and

(b) if the officer has observed the driver driving in a way the officer considers on reasonable grounds to be dangerous, require the driver to also immediately stop being in control of the fatigue-regulated heavy vehicle.

(3) A stated period under subsection (2)(a) must be a reasonable period having regard to the matters prescribed for the purposes of this section by the national regulations.

(4) If the authorised officer imposes a requirement under subsection (2)(a), 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.

(5) If the authorised officer imposes a requirement under subsection (2)(b), the authorised officer may authorise a person to move the fatigue-regulated heavy vehicle to a suitable rest place for fatigue-regulated heavy vehicles but only if the person is qualified and fit to drive the vehicle.

(6) The national regulations may prescribe the matters to which the authorised officer, or a court, must or may have regard when deciding whether or not a person was impaired by fatigue for the purposes of this section.