541Requiring driver to stop working if work diary not produced or unreliable

541 Requiring driver to stop working if work diary not produced or unreliable

541 Requiring driver to stop working if work diary not produced or unreliable

(1) This section applies if—

(a) an authorised officer has, under section 568, asked the driver of a fatigue-regulated heavy vehicle to produce a work diary the driver is required to keep under this Law; and

(b) either—

(i) the driver has failed to produce the diary without a reasonable excuse; or

(ii) the driver produces a document that the authorised officer reasonably believes is not the work diary the driver is required to keep under this Law; or

(iii) the authorised officer reasonably believes the work diary, or purported work diary, produced by the driver can not be relied on as an accurate record of the time the driver recently spent working or resting.

Examples for the purposes of subparagraph (iii)—

• Information in the work diary appears to be incorrect.

• Particular information appears to be missing from the work diary.

• The work diary appears to have been tampered with.

(2) The authorised officer may, by notice, require the driver to immediately stop work and to not work again for a stated period of up to 24 hours.