sec.252Defence relating to short rest breaks for drivers operating under standard hours

sec.252 Defence relating to short rest breaks for drivers operating under standard hours

This section applies if, at a particular time, the driver of a fatigue-regulated heavy vehicle is required, under section 250 or 251 , to have a short rest break. The driver is required to have 15 continuous minutes rest time because— the driver has worked for 5 1 / 4 hours; or the driver has worked for 7 1 / 2 hours and has only had 15 continuous minutes rest time during that period; or the driver has worked for 10 hours and has only had 3 lots of 15 continuous minutes rest time during that period. In a proceeding for an offence against section 250 or 251 relating to the driver failing to have the short rest break, it is a defence for the driver to prove that— at the time the driver was required to have the short rest break, there was no suitable rest place for fatigue-regulated heavy vehicles; and the driver had the short rest break— at the next suitable rest place for fatigue-regulated heavy vehicles available after that time on the forward route of the driver’s journey; and no later than 45 minutes after the time the driver was required to have the short rest break. The driver of a fatigue-regulated heavy vehicle fails to have a short rest break after 5 1 / 4 hours of work time because there was no suitable rest place for fatigue-regulated heavy vehicles when the driver was scheduled to have the short rest break. Instead, the driver has a short rest break after 5 1 / 2 hours work at a suitable rest place for fatigue-regulated heavy vehicles down the road. In this section— short rest break means rest time of less than 1 hour. (sec.252-ssec.1) This section applies if, at a particular time, the driver of a fatigue-regulated heavy vehicle is required, under section 250 or 251 , to have a short rest break. The driver is required to have 15 continuous minutes rest time because— the driver has worked for 5 1 / 4 hours; or the driver has worked for 7 1 / 2 hours and has only had 15 continuous minutes rest time during that period; or the driver has worked for 10 hours and has only had 3 lots of 15 continuous minutes rest time during that period. (sec.252-ssec.2) In a proceeding for an offence against section 250 or 251 relating to the driver failing to have the short rest break, it is a defence for the driver to prove that— at the time the driver was required to have the short rest break, there was no suitable rest place for fatigue-regulated heavy vehicles; and the driver had the short rest break— at the next suitable rest place for fatigue-regulated heavy vehicles available after that time on the forward route of the driver’s journey; and no later than 45 minutes after the time the driver was required to have the short rest break. The driver of a fatigue-regulated heavy vehicle fails to have a short rest break after 5 1 / 4 hours of work time because there was no suitable rest place for fatigue-regulated heavy vehicles when the driver was scheduled to have the short rest break. Instead, the driver has a short rest break after 5 1 / 2 hours work at a suitable rest place for fatigue-regulated heavy vehicles down the road. (sec.252-ssec.3) In this section— short rest break means rest time of less than 1 hour.